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SR-06-23-2015-3G - 200-007/410-001-06City Council Regular Meeting: June 23, 2015 Agenda Item: 3—G To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Professional Services Agreement Modification Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a second modification to Professional Services Agreement No. 9543 with Allan D. Kotin & Associates, a California -based company, in an amount not to exceed $130,000, on the same general terms and conditions through December 31, 2019, for economic consulting and financial analysis for the Fourth Street cinema project. 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section in this report. Executive Summary This report recommends an extension of the contract with Allan D. Kotin & Associates to continue providing economic consulting services to support the city's Fourth Street cinema project. The contract modification would extend the term of the contract until December 31, 2019 in an amount not to exceed $130,000 for a total amount not to exceed $200,000. Services related to the proposed cinema project would come from a cost recovery deposit funded by the cinema developer. Background In 2011, City staff sought an economic and financial consultant team that could advise staff on complex real estate transactions involving property leasing, property acquisition, and the formulation of public /private development partnerships. The real estate economics consulting firm of Allan D. Kotin & Associates was chosen from a Requestfor Qualifications (RFQ) process because of its extensive experience with providing economic and financial solutions to both the public and private sectors. Allan D. Kotin & Associates has provided real estate financial analysis and economic development advice to the City on a variety of transactions, including the previous effort to implement the Fourth Street cinema project. 1 of 3 Discussion Staff executed professional services agreement no. 9543 on January 25, 2012 in the amount of $70,000. A first modification was executed on June 26, 2014 to extend the term to June 30, 2016. A second modification to the existing professional services agreement no. 9543 is proposed to allow the firm to continue its economic and financial advisory services to the City. The consultant team includes a new sub - consultant, IJM Enterprises. IJM Enterprises is a cinema - industry consulting firm that has provided consulting services to the City since 2004. The two firms will continue collaborating and providing consulting services to the City associated with the negotiations for the development of the Fourth Street cinema project in downtown. Vendor /Consultant Selection The firm, Allan D. Kotin & Associates, was chosen through an RFQ process in 2011. The firm was selected based on its extensive economic development experience consulting for both the public and private sectors. The firm's advice and analysis have been extremely helpful in assisting the City in structuring business terms that protect the City's interests while yielding the greatest economic benefit. 2 of 3 Financial Impacts and Budget Actions The agreement modification to be awarded to Allan D. Kotin & Associates is $130,000, for an amended agreement total not to exceed $200,000. Funds in the amount of $30,000 are available in the FY 2015 -17 Proposed Biennial Budget at account 012681.555060. The remaining agreement modification costs, which will be supported by a cost recovery deposit from the proposed developer of the cinema project, will require the following budget changes: 1. For FY 2014 -15, increase revenue budget at account 01263.407771 in the amount of $150,000. 2. For FY 2015 -16, appropriate $100,000 to expenditure account 012681.555060. Future -year funding is contingent on Council budget approval. Prepared By: Erika Cavicante, Senior Development Analyst Approved Forwarded to Council Andy Agle, Director Qf Nousing a8dl l£k2a1tY,5 it Elaine M Polachek, In terim City hSfiiQ 5 @r5 3 of 3 Reference: Amended Contract No. 9543 (CCS)