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RPVCCA_SR_2010_07_06_05_Gerard_J_Quinn_&_Assoc_AgreementCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR &CITY COUNCIL MEMBERS ~ DENNIS McLEAN,DIRECTOR OF FINANCE &INFORMATION ~ TECHNOLOGY JULY 6,2010 PROFESSIONAL SERVICES AGREEMENT·GERARD J QUINN & ASSOCIATES CAROLYN LEHR,CITY MANAGER cL.- RECOMMENDATION 1)Approve the attached Amendment to the Professional Services Agreement between the City and Gerard J Quinn &Associates;and 2)Approve Resolution No.2010-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 98-99 TO ADD THE DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY AS AN ADDITIONAL AUTHORIZED AGENT TO EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER P.L.93-288 AS AMENDED AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT BACKGROUND AND DISCUSSION: On June 5,2007,the City Council approved a Professional Services Agreement (the "Agreement")between the City and Gerard J Quinn &Associates to provide advisory services associated with FEMA claims that resulted from the winter storms during FY04-05. The contractual appropriation authorization has been expended,and Staff believes that it is in the City's best interest to continue the advisory relationship in the future,since the FEMA process has not yet been concluded.Accordingly,Staff recommends the approval of the proposed Amendment to Professional Services Agreement for an amount not to exceed $72,500. The responsibility for the management of disaster-related accounting and claims has recently been transferred to the Finance &Information Technology Department. 5-1 PROFESSIONAL SERVICES AGREEMENT -GERARD J QUINN & ASSOCIATES July 6,2010 Page 2 of 2 Therefore,Staff recommends that the City Council approve the proposed Resolution, which enables the Director of Finance &Information Technology to sign documents that are related to this topic on behalf of the City,along with the City Manager,Deputy City Manager and the Director of Public Works. FISCAL IMPACT: The FY09-10 and FY10-11 budgets in the Emergency Preparedness and Finance programs appear to be sufficient to absorb the estimated additional cost through June 30, 2011;therefore,no budget adjustment is necessary at this time.Closure for the FY04-05 FEMA claims may to take up to several years.The amount of $72,500 requested in the amendment to the agreement includes a provision for approximately $20,000 that may be expended after June 30,2011. Attachments: Resolution No.2010-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO.98-99 TO ADD THE DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY AS AN ADDITIONAL AUTHORIZED AGENT TO EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER P.L.93-288 AS AMENDED AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT Amendment to Professional Services Agreement,dated June 5,2007 5-2 RESOLUTION NO.__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO.98-99 TO ADD THE DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY AS AN ADDITIONAL AUTHORIZED AGENT TO EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER P.L.93-288 AS AMENDED AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THAT THE: CITY MANAGER OR DEPUTY CITY MANAGER OR DIRECTOR OF PUBLIC WORKS, OR DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY is hereby authorized to execute for and in behalf of the City of Rancho Palos Verdes,a public entity established under the laws of the State of California,this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L.93-288 as amended by the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988,andlor state financial assistance under the Natural Disaster Assistance Act. That the City of Rancho Palos Verdes,a public entity established under the laws of the State of California,hereby authorizes its agent/sl to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. PASSED,APPROVED,AND ADOPTED THIS _DAY OF ,2010. MAYOR ATTEST: CITY CLERK R6876-0001\1231090vl.doc 5-3 State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I,Carla Morreale,City Clerk of City of Rancho Palos Verdes,hereby certify that the above Resolution No.was duly regularly passed and adopted by the said City Council at a regular meeting thereof on ,2010. CITY CLERK . 2 R6876-0001\1231090vl.doc 5-4 FIRST AMENDMENT TO THE "PROFESSIONAL SERVICES AGREEMENT" WHEREAS,on June 5,2007,the City approved an agreement titled PROFESSIONAL SERVICES AGREEMENT with Gerard J.Quinn &Associates (the "Agreement"); WHEREAS,in Section 2.1 of the Agreement,the City agrees to pay a not to exceed amount of $10,000 for professional services to provide guidance in connection with the City's efforts to recover and retain money from the disaster assistance fund,but the City would now like to increase the maximum amount paid to $72,500;and WHEREAS,in Section 6.1 of the Agreement,the City's representative is named as former City Manager Les Evans,which should be updated to current City Manager Carolyn Lehr. NOW,THEREFORE,for good and valuable consideration,the parties wish to amend and modify the terms of the Agreement as follows: 1.Section 2.1 ("Fee")of the Agreement is hereby amended to read as follows: "CITY agrees to compensate CONSULTANT a not to exceed amount of $72,500 for professional services to provided guidance to the City in connection with the City's efforts to recover and retain disaster assistance funds.The CONSULTANT's fee is $225 per hour plus expenses." 2.Section 6.1 ("Representation")of the Agreement is hereby amended to read as follows: "CITY representative,Carolyn Lehr,City Manager,and CONSULTANT's representative,Gerard J.Quinn,President,are designated as the primary contact person for each party regarding performance of this Agreement." As modified by this amendment,the Agreement remains in full force and effect and remains fully binding upon the parties. IT IS SO AGREED. Dated:,2010 Dated:,2010 R6876-000 1\1240247vl.doc GERARD J.QUINN &ASSOCIATES ("CONSULTANT"): By:_ Gerard J.Quinn,President CITY OF RANCHO PALOS VERDES, A Municipal Corporation ("CITY"): By:_ 5-5 Stefan Wolowicz,Mayor Carla Morreale,City Clerk [Signatures continue] ATTEST: By:----r;:::i:""~----;----=-:-:------- 2 R6876-000 1\1240247vl.doc 5-6