The URL can be used to link to this page

Home My WebLink AboutDMG First Amendment to Agreement 9-29-2014 CITY OF LAKE LSI110RX DREAM EXTREME October 1, 2014 Development Management Group, Inc. Attn: Michael Bracken, Managing Partner 73-845 Highway 111, Suite 202 Palm Desert, CA 92260 RE: Agreement for Development for Business Recruitment/Investment Attraction Services Dear Mr. Bracken: Enclosed please find your executed copy of the above referenced Agreement. Please do not hesitate to ask should you have any questions. Sincerely, i n i to City Cler Enc: cc: Finance Department 951.674.3124 130 S.MAIN STREET LAKE ELSINORE,CA 92530 W W W.LAKE-E LS I NO RE.O RG FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND DEVELOPMENT MANAGEMENT GROUP, INC. (DMG, INC.) FOR DEVELOPMENT FOR BUSINESS RECRU ITEM ENT/INVESTMENT ATTRACTION SERVICES THIS FIRST AMENDMENT is made and entered into as of September 29, 2014 by and between the City of Lake Elsinore ("City) a municipal corporation, and DMG, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On April 14, 2014 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services", in the amount of$15,000. b. The parties now desire to increase the payment for services in the amount of $15,000 and amend the Agreement as set forth in this Amendment. 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $15,000 (Fifteen Thousand Dollars and no cents) for the First Amendment and bringing the total agreement amount to $30,000 (Thirty Thousand Dollars and no Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT Granff-aes — City Manager Michael acken, Managing Partner DMG, Inc. Date: /�o�/�/ Date: '7 Z 24 A est: Virginia o6n y Clerk Date: 1 5t, 1 4 Approved as to Form: — I36 ara Leibold, City Attorney Date: EXHIBIT A SCOPE OF SERVICES & COMPENSATION Professional Services DMG, Inc. May be Asked to Provide (On an "On-Call' Basis): 1. Demographic research for the City of Lake Elsinore and the surrounding market area. 2. Retail market opportunity analysis for the City of Lake Elsinore and the surrounding market area. 3. Customized research for particular companies that the City of Lake Elsinore is targeting for location, expansion and/or relocation. 4. DMG, Inc. presentations to business prospects (retail, commercial and industrial) in support of efforts to attract additional investment into the community. 5. Economic, employment and/or fiscal impact analysis of proposed development projects in an effort to properly provide information to the residents, businesses, councilmembers and staff within the City of Lake Elsinore. 6. Pre-annexation fiscal impact analysis on behalf of the City of Lake Elsinore. 7. Preparation for and represent of City of Lake Elsinore at industry trade-shows including the International Council of Shopping Centers (ICSC) Las Vegas International and San Diego Western Regional Conference(s). 8. Customized market research for a variety of industries (in addition to retail, which is specified above). 9. Project management and ombudsman services to the City of Lake Elsinore serving as a go- between and on-going communicator between the City and a developer/development project. 10. Additional economic development and post-redevelopment related services as needed (and mutually agreed upon). Hold Harmless Development Management Group, Inc. shall hold the City of Lake Elsinore harmless regarding any claims resulting from personal injury or automobile accidents. Compensation The City shall pay consultant for the services described herein as follows: DMG, Inc. shall be compensated at a rate of$150 per hour. As assignments are presented to the DMG, Inc. to the extent they are project based, DMG, Inc. shall provide a written estimate of the number of hours to complete an assignment and where appropriate, will provide a "not to exceed" number of hours or total cost. DMG, Inc. will generally work remotely (in our offices in Palm Desert, CA or Encinitas, CA) in an effort to be cost efficient. DMG, Inc. has significant experience in working in a remote environment utilizing conference calling, electronic mail, document storage and transfer services and communication software (such as Skype). To the extent that travel to the City of Lake Elsinore is needed (or to the business location of a particular potential business investor): DMG, Inc. will bill the City of Lake Elsinore for a professional service rate equal to one-half (1/2) of the contracted rate for each hour of travel plus appropriate mileage (as stated within the Internal Revenue Service regulations, currently 55.5 cents per mile). DMG, Inc. shall be responsible for ancillary costs associated with certain office supply type materials in preparation for various projects (not inclusive of commercial-type designs or commercial scale/quality printing). All payments to Consultant shall be paid by the City of Lake Elsinore within thirty (30) days of submittal of an invoice and a signed United States Internal Revenue Service W-9. Certainty of Fee Arrangement and Contract limit As an on-call Agreement, DMG, Inc. shall commit to the proposed fee arrangement being in place until June 30, 2015 (end of the 2014-15 Fiscal Year) in an effort to provide the City of Lake Elsinore a preferential professional services rate. Conflict Procedures & Disclosures DMG, Inc. is a highly experienced economic development consulting firm and does have both active and inactive clients throughout Southern California. Within the Inland Empire Specifically, we have active contracts with Manheim Investments (their nearest facilities are in Riverside and Fontana) and Elmore Sports Management (the operators of the Inland Empire 66'ers California League Professional Baseball Franchise) and the City of Colton. In the event that there is a potential conflict whereby a particular community DMG, Inc. is working on behalf of and a specific business client (that is negotiating or comparing multiple communities represented by DMG, Inc.), DMG, Inc. shall offer to represent the first community that identified that particular client to DMG, Inc. Additionally it is disclosed that the Managing Partner of Development Management Group, Inc. (Mr. Michael Bracken) serves on the Board of Directors of Community Valley Bank, a publically traded financial institution headquartered in Imperial County. Further his direct ownership (inclusive of both stock and stock options) does not exceed 5% of total bank ownership. Michael Bracken, Managing Partner 73-845 Highway 111, Suite 202 Palm Desert, CA 92260 (760) 346-8820 (office) (760) 272-9136 (mobile) (760) 346-8887 (facsimile) Website: V1t.1i�.i .C1t0_IOIi.1. : OIYI Email: mi. l . ldrr� u.r .e�rl :. .rn (,-:I I'), 01 LAK7-E L5INoR�E AUTHORIZATION TO REPRESENT This Authorization to Represent is issued by The City of Lake Elsinore, California. The City of Lake Elsinore has retained Development Management Group, Inc., as a consultant for purposes of assisting the City with certain economic development/investment projects. The authorized representative of Development Management Group, Inc. shall be Mr. Michael Bracken, Managing Partner. This Authorization to Represent shall be for a period of one-hundred eighty (180) days from signature. As a,consultant, Mr. Bracken is empowered to provide information, technical assistance and engage in certain negotiations. Please note that any items that are negotiated by Mr. Bracken are subject to appropriate approvals either by myself(Grant Yates, City Manager), the Planning Commission and/or the City Council (as appropriate). Thank you in advance for extending courtesy to Mr. Bracken and Development Management Group, Inc. Date: Gr, t ates, City Manager City' ,ake Elsinore, California WWW.lAM II,IMWIJ)k0 DEVEMAN OP ID:JL [:!04117114 (MMIDDlYYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AFTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement.s. ACT PRODUCER $88-416-2402 NAME: Al AAA Club Services, LLC 213.741.3005 PHONE E t: u No M lsc 2601 S Figueroa St H302 ADD f7E s: os Angeles, CA 90007 'louse Account INSURER 5 AFFORDING COVERAGE NAIC� iNSURERA:The Hartford Casual Ins,Co. 22367 INSURED Development Management INSURER B:Continental Casualty Company Group, Inc. INSURER C:Infinity Select Ins.Company 20260 40112 Sagewood Drive Palm Desert, CA92260 iNSURERD: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TR TYPE OF INSURANCE t5 ip POLICY NUMBER MO DD MM DDIY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X 72SBAAF4707 12/02/13 12/02114 gEMI E S(EaEATEboccuvren _$ 1,000,00 P I Ea CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,00 B PERSONAL&ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 4,000,00 7X POLICY PRO- LOC $ OSINGLE LIMIT 1,000,00 AUYOMOBtLF LIABILITY socldent C ANY AUTO X 604610033137001 03/16/14 03/15/15 BODILY INJURY(Per person) $ ALL OWNED X CH SEOULED BODILY INJURY(Par accident) $ AUTOS Os AON•OWNED P Per 9Ai enl f76WAGE $ HIRED AUTOS AUTOS $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 11000,00 A EXCESS I" CLAIMS-MADE X 72SBAAF4707 12/02113 12/02114 AGGREGATE $ 1,0100,00 DED X I RETENTION$ 10 000 $ OTH WORKERS COMPENSATION WC S TATU- • AND EMPLOYERS'LIABILnY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? N 1 A (Mandatory in NH) E,L.DISEASE•EA EMPLOYE $_ _ If yes,describe under E.L.DISEASE-POLICY I.1MIT $ DESCRIPTION OF OPERATIONS below g Errors&Omissions 25311802 02/02/14 02/02115 Limit �,Doo,00 )ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACOR0101 Additional Remarks Schedule,it more spaca is required) Is agreed that the.City of Lake Elsinore Is named as Additional Insured. 10 DAY NOTICE OF CANCELLATION APPLIES ONLY FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main St. Lake Elsinore,CA 92530 AUTHORIZED REPRESENTATIVE House Account 01988.20 CORD CORD TION. All rights reserved. ACORD 26(2010/06) The ACORD name and logo are registered marks o ACORD