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HomeMy WebLinkAboutItem 4.10 ACAP ExpendituresO~ D~jB ti~ G n ~G ,,, `,t'' ~'' STAFFREPORT CITY CLERK ~`~~~~f ~~ ~ 1 DUBLIN CITY COUNCIL File #^~6 ~^0-~0 ~1LI~R~b DATE: August 16, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : Authorization to Approve Expenditures Funded by Associated Community Action Program (ACAP) including Amendment No. 2 Management Partners, Incorporated Agreement Prepared By: Paul S. Rankin, Administrative Services Director EXECUTIVE SUMMARY: The City of Dublin, in its role as Fiscal Agent assisting with the wrap up of Associated Community Action Program (ACAP), has entered into an agreement with Management Partners, Incorporated. It has been determined that ACAP will require additional professional services consisting of an extension of the agreement with Management Partners and additional sub- consultant legal services. Based on the City of Dublin procurement requirements, the City Council has previously approved the initial agreement with Management Partners and Amendment No. 1. All costs for these services are funded from the ACAP Trust Fund established with member contributions. FINANCIAL IMPACT: The costs associated with this agreement are paid from equal contributions from each member agency of the ACAP Joint Powers Agreement. The City only pays its proportionate share. As a Trust Fund held on behalf of others, the City Council does not adopt a budget for this activity. There is no direct impact on the City of Dublin's finances as a result of this action. RECOMMENDATION: It is recommended that the City Council: 1) Authorize a modification to the agreement with Management Partners, Incorporated (Amendment No. 2) of up to $85,000 which shall be funded from contributions made by the member agencies to a special trust fund held by the City of Dublin; and 2) Authorize the City Manager to enter into further amendments to this and other agreements which are funded by ACAP trust funds, without further review by the City Council. However, Staff will provide a notification to City Council in the event the item exceeds the City Manager's authorization pertaining to City funds. ^ _ '~l ~~~ ~- ~~..~ d~- ! Submitted By: e~ we By: Administrative Services Director Assistant ' anager Page 1 of 2 ITEM NO. ~°: ~~ DESCRIPTION: At the April 5, 2011 City Council meeting, a report was presented which identified that the City of Dublin accepted responsibility as Fiscal Agent associated with efforts to close out the Associated Community Action Program (ACAP). Alameda County and twelve cities in the county (each incorporated city except Berkeley and Oakland) formed ACAP to provide and administer social service related programs. As the Fiscal Agent, the City of Dublin was to collect and account for contributions from all agencies and to coordinate administrative services. In the April 5, 2011 Staff Report, one of the initial tasks identified for the City of Dublin was to enter into a Professional Services Agreement with Management Partners, Incorporated. The agreement calls for Management Partners to perForm the day-to-day operations of winding down the operation of ACAP. The costs incurred for this agreement are paid from the new trust fund and the initial agreement was not to exceed $100,000. On June 7, 2011 the City Council approved an amendment to the agreement for additional legal services of $25,000 and authorization to further amend the agreement by an additional $25,000. At this time the current scope of services required from Management Partners exceeds the remaining $25,000 City Council authorization made in June. It has been determined that ACAP will require additional professional legal services through September to complete the wrap-up activities. As outlined in the Amendment (Attachment 1) the additional costs are related to a longer engagement of Management Partners and additional sub-consultant legal services. In addition Staff is seeking City Council to allow the City Manager authorization to enter into agreements and amend any existing agreements on behalf of ACAP funded activities, without further review. This will provide additional flexibility in the event that additional needs are identified which exceed the City Manager professional services procurement limits of $20,000 under the City purchasing ordinance. These expenses will be paid for by the ACAP Trust, which is administered by the City of Dublin. These funds shall be used solely for the tasks and expenses required to close-out the business activities of ACAP. The expenditures will be reported to the Management Committee overseeing the wrap-up of ACAP, and all expenditures are being recorded as trust fund expenses in records maintained by the City of Dublin, and disclosed to all contributing agencies. If an agreement or amendment exceeds the City Manager's authorization as it pertains to City of Dublin purchasing requirements, Staff shall report those instances to the City Council. It shall not require City Council review and the notification may be documented in writing separate from the City Council agenda. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENT: 1. Management Partners letter dated July 22, 2011. Page 2 of 2 ~~ i M~11~TAGEMENT PARTNERS 1~ N C O R P O R A T E D July 22, 2011 Ms. Joni Pattillo City Manager, City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ms. Pattillo: This letter serves as Amendment Two to the Professional Services Agreement dated March 15, 2011, by and between the City of Dublin and Management Partners, Inc. for Interim Management Services involved in the wind-down of Associated Community Action Program. (ACAP) operations. As stated in the Project Update to the Alameda County City / County Manager Association's Ad Hoc Committee on the ACAP wind-down, dated July 19, 2011, Amendment Two extends the current contract through September 30, 2011 and increases the compensation to Management Partners by $55,000. It also increases the legal services contract with Meyers, Nave, Riback, Silver and Wilson in an amount up to $30,000. The total compensation for Management Partners under this agreement is $155,000, and the total compensation for legal services is $55,000. The work plan to be implemented from July 30'h through September 30th is as described in the above mentioned Project Update. Management Partners will continue to invoice for services provided by Meyers Nave et al at direct cost and will pay Meyers Nave within 10 days of our receipt of funding to pay the invoice. Our interim management services will include the review and management of all work performed by Meyers Nave. Thank;you and please return one signed copy of this Amendment to our San Jose office. Please call me if you have any questions. Sincerely, ~' , Andrew S. Belknap Regional Vice President Accepted for the City of Dublin 6y: Name: Title: Date: 2107 North First Street, Suite 470 San Jose, CA 95131 408-437 5400 Fax 453 6191 www. managementpartners. com 5 Park Plaza, Suite 1520 Irvine, CA 92614 949 222 1082 ATTACHi1~ENT 1 ~,~0 8 -~~-r!