AgdaPkt 2017-03-27 Closed and Joint SA PFA

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REPORT To the Honorable Mayor and City Council From the City Manager March 27, 2017 SUBJECT Approval of Amendment No. 1 to Agreement for Relocation Assistance Consultant Services RECOMMENDATION By motion, approve and authorize the City Manager to execute Amendment No. 1 to Agreement for Relocation Assistance Consultant Services with Overland Pacific & Cutler, Inc. to clarify ownership of materials and documents BACKGROUND On September 12, 2016, the City approved and authorized the City Manager to execute an Agreement for Relocation Assistant Consultant Services (“the Agreement”) with Overland Pacific & Cutler, Inc. (“OPC”). Under the Agreement, OPC developed the Docktown Plan to end residential use at Docktown Marina and bring the City into compliance with the Public Trust Doctrine and the statutes granting state trusteeship to the City. OPC is currently implementing the Docktown Plan by providing consultant services such as calculation of relocation payments, coordination of relocation assistance, and vessel acquisition. ANALYSIS Staff recommends amending the Agreement to clarify that ownership of materials and documents prepared by on or on behalf of OPC or received by OPC under the Agreement shall be and remain the property of OPC. Staff recommends this minor amendment to the Agreement to ensure consistency with the terms of the City’s recently revised standard form contracts. ALTERNATIVES Council could choose not to approve this amendment, which would result in the City retaining ownership and control of materials or documents prepared by on or on behalf of OPC or received by OPC under the Agreement. FISCAL IMPACT There is no fiscal impact resulting from this activity. ENVIRONMENTAL REVIEW This activity is not a project under CEQA as defined in CEQA Guidelines, section 6.1.C. - Page 1