For City Council Meeting [April 27, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Acting City Manager
FROM: Stephen Erlandson, Deputy City Manager
Title
Request City Council Approve the Amended and Restated Professional Services Agreement (PSA) with LDM Associates, Inc. to Continue Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) Consulting Services and Provide Additional Services for the HOME Program Increasing the Contract by $62,000 for a Total Not-To-Exceed Contract Amount of $333,950 and Extending the Term to June 30, 2021.
(ACTION)
Body
BACKGROUND
On February 12, 2019, City Council awarded LDM Associates, Inc. ("LDM") an Agreement for Consultant Services, pursuant to which LDM agreed to provide Community Development Block Grant Consultant Services to the City ("Original Agreement"). On February 11, 2020, City Council also authorized an amendment to the Original Agreement continuing implementation and administration for the CDBG and NSP programs and to provide additional services for the preparation and submission of the Five-Year Consolidated Plan (2020-2025) ("First Amendment").
The Original Agreement and First Amendment were prepared by the former City Attorney. The Original Agreement and First Amendment had conflicting and unclear provisions regarding the term of the Agreement and compensation. The following sections are at issue:
* Section 3.4 [Term] of the Original Agreement indicated the term shall "commence upon the effective date of the Agreement and continue in full force and effect until the completion of services, as provided in the Schedule of Performance (Exhibit "E"). Exhibit "A" of the Original Agreement provided a more definite term stating that the Contractor will be awarded a one (1) year contract with two (2) optional one-year extensions as for the management of CDBG and NSP grant funding program implementation and administration.
* Section 3.1 [Maximum Contract Amou...
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