HomeMy WebLinkAboutDAVID PAUL ROSEN & ASSOCIATES (2)INSURANCE NOT ON FILE A-2023-086-01
WORK MAY NOT PROCEED
CITY CLERK
' DATE:
FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL AFFORDABLE
HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES
(David Paul Rosen & Associates)
THIS FIRST AMENDMENT ("First Amendment") to the above referenced agreement is
entered into this 16s' day of May, 2023, by and between David Paul Rosen & Associates, a sole
proprietorship ("Consultant"), and jointly the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
N ("City"), and the Housing Authority of the City of Santa Ana, a public body, corporate and politic
C13 ("Authority"). City and Authority shall jointly or interchangeably, as applicable, be referred to as
® "City" for purposes of this First Amendment.
RECITALS
A. On November 16, 2021, the City entered into Agreement #A-2021-229-02 ("Agreement"),
with Consultant to provide on -call affordable housing financial, analytical and advisory
services for general multifamily affordable housing financial advisory services; general
single family affordable housing program financial analytical services; multifamily and/or
single family bond issuance financial advisory services; and the City's Inclusionary
Housing Program financial analysis on an as -needed basis.
B. The Agreement is one of three agreements for vendors selected in response to RFQ No.
21-107. The Agreement provides for each Consultant to share in an aggregate
compensation amount for the on -call services detailed in the Agreement. The Agreement
runs through November 1, 2024, includes the ability to extend its term upon a writing
executed by the City Manager and City Attorney, and is current and in -effect.
C. The parties now wish to amend the Agreement to increase the overall compensation amongst
the selected vendors by $250,000, and agree to extend the term of the Agreement by two (2)
years. The increase in compensation is to accommodate an exhaustion of funds. Consultant
assisted with extensive financial analyses and technical support for major City projects. There
are additional pending projects that still require the assistance of Consultant.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
Section 2.a, COMPENSATION, shall be amended to read in its entirety as follows:
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B-1.
Consultant is one of three (3) Consultants selected to provide affordable housing
financial, analytical, and advisory services on an as needed basis under RFQ No.
21-107. The total compensation for services provided by all Consultants selected
under RFQ No. 21-107 is a collective amount not to exceed Five Hundred
Thousand Dollars ($500,000.00) during the term of the Agreement, including any
extension periods.
2. Section 3, TERM, shall be amended to read in its entirety as follows:
This Agreement shall commence on the date first written above and continue for three (3)
years through November 1, 2024, unless terminated earlier in accordance with Section 17,
below. The term of this Agreement may be extended upon a writing executed by the City
Manager and the City Attorney. The parties hereby agree to exercise the option to extend
the term of this Agreement for an additional two (2) year period through November 1,
2026.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement
the date and year first above written.
ATTEST:
W NO
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
.�1
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONSULTANT
B :David Rosen
Title: Principal