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Pacific Rail Industries <br />February 1, 2004 <br />Page 2 <br />ALTERNATIVES: <br />Reject staff's request for approval of the Fourth Amendment to the MBA Professional Services <br />Agreement. However, the work has already been accomplished based on the applicant's verbal <br />assurance to pay for the work. <br />With respect to the reimbursement of legal costs, the City Council may decide to forego entering <br />into a reimbursement agreement and pay for the legal costs associated with this lawsuit out of the <br />general fund. In accepting the Conditions of Approval, the applicant has agreed to hold the City <br />harmless for the project. <br />FISCAL IMPACT: <br />None. The applicant (Pacific Rail Industries) will pay for all work required by the consultant for <br />the proposal and reimburse the City for all legal costs. <br />ENVIRONMENTAL IMPACT: <br />None, the City Council approved the Environmental Impact Report for the project. <br />CONFLICT OF INTEREST: <br />Michael Brandman Associates <br />Michael Brandman, President <br />Christine Jacobs -Donoghue, Project Manager <br />Pacific Rail Dismantling Services <br />Chuck Siroonian, President <br />RECOMMENDATION: <br />Staff recommends that the City Council approve the Fourth Amendment to the Professional <br />Services Agreement with MBA in the amount of Fourteen Thousand, Nine Hundred Thirty -Five <br />Dollars ($14,935.00) and authorize the City Manager to execute the Amendment on behalf of the <br />City. <br />Staff also recommends that the City Council approve the attached Indemnity & Reimbursement <br />Agreement with Pacific Rail, subject to any additional changes made by the City Manager and City <br />Attorney's office. <br />Attachment: Draft Reimbursement Agreement <br />Michael Brandman Associates Professional Services Agreement Amendment <br />TEAM ONLY <br />City Attorney: <br />City Manager: <br />ORANGE\MXM\15037.1 <br />Finance Director: L <br />OTHER: <br />