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HomeMy WebLinkAboutAGENDA REPORT 2020 0115 REG CCSA ITEM 10MCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of January 15, 2020 ACTION Approved staff recommendation. BY B.Garza. M. Consider Amendment No. 1 to Agreement with Chambers Group, Inc. for On-Call Environmental Consulting Services. Staff Recommendation: Authorize the City Manager to execute the Amendment, subject to final language approval of the City Manager. (Staff: Karen Vaughn) Item: 10.M. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director DATE: 01/15/2020 Regular Meeting SUBJECT: Consider Amendment No. 1 to Agreement with Chambers Group, Inc. for On-Call Environmental Consulting Services BACKGROUND AND DISCUSSION On July 17, 2019, the City Council approved contracts with Chambers Group, Inc. and Kimley-Horn and Associates, Inc. to provide on-call environmental consulting services for the City, whereby the two consultants would be available to complete environmental reviews and prepare environmental documents for the City. To ensure that professional and technical expertise will always be available, and to prevent a conflict of interest where a selected consultant could be tasked with reviewing its own studies, the City entered into agreements with the two different consultants. The City’s Fiscal Year (FY) 2019/20 Budget contains a $200,000 appropriation for these on-call environmental consulting services. The large majority of these costs are offset by revenues from developer deposit accounts that will fund these services, since most environmental reviews are associated with development proposals. The two environmental consulting contracts were awarded with not-to-exceed amounts of $100,000 each. Due to issues with communication and response times, the City opted to terminate the contract with Kimley-Horn. Chambers Group, Inc. has provided environmental consulting services for several development projects since the award of contract and has met all performance standards outlined in the original Request for Proposals. As such, staff is requesting approval to increase the not-to-exceed amount of the Chambers Group, Inc. contract from $100,000 to $175,000. This dollar amount is still within the $200,000 appropriation for this purpose, and no additional appropriation is needed at this time, so there is no net fiscal impact to the City. Item: 10.M. 860 Honorable City Council 01/15/2020 Regular Meeting Page 2 FISCAL IMPACT None. Funding for this amendment is already included in the FY 2019/20 Budget. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Authorize the City Manager to execute the Amendment, subject to final language approval of the City Manager. Attachment: Agreement Amendment No. 1 861 ATTACHMENT AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHAMBERS GROUP, INC. FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Chambers Group, Inc., an S corporation (“Consultant”), for on-call environmental consulting services (“Agreement”), is made and entered into on this ___ day of ____________________, 2020. RECITALS WHEREAS, on August 1, 2019, the City and Consultant entered into an Agreement to have the Consultant provide on-call environmental consulting services; and WHEREAS, the City and Consultant now desire to amend the Agreement for additional compensation; and WHEREAS, the City and Consultant now desire to amend the Agreement to increase the compensation for services to be performed by Consultant from one hundred thousand dollars ($100,000.00) by a value of seventy-five thousand dollars ($75,000.00) for a total contract value of one hundred and seventy-five thousand dollars ($175,000.00), and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 2, SCOPE OF SERVICES, is amended by replacing the third paragraph in its entirety as follows: “Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of one hundred and seventy-five thousand dollars ($175,000.000) as stated in Exhibit C, without a written Amendment of the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II. Section 5, PAYMENT, is amended by replacing the second paragraph in its entirety as follows: “The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed one hundred and seventy-five thousand dollars (175,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.” 862 III. Exhibit B is replaced in its entirety with the attached Exhibit B. IV. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. In W itness W hereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK CHAMBERS GROUP, INC. _______________________________ _______________________________ Troy Brown City Manager Mike McEntee Chief Operating Officer Attest: _______________________________ Ky Spangler City Clerk Amendment No. 1 to Agreement between City of Moorpark and Chambers Group, Inc. Page 2 863 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000?  Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 175,000.00 2. Dollar amount of Subcontract: $ 3. Does the total contract amount represent compensation for multiple documents or written reports?  Yes  No I have read the foregoing Code section and will comply with Government Code §7550. Chambers Group, Inc. Mike McEntee, COO Date Amendment No. 1 to Agreement between City of Moorpark and Chambers Group, Inc. Page 3 864