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Home My WebLink AboutAGENDA REPORT 2020 1118 CCSA REG ITEM 10FCITY OF MOORPARK,  CALIFORNIA City Council Meeting of November 18, 2020 ACTION Approved Staff Recommendation. (Roll Call Vote: Unanimous) BY B.Garza. F. Consider Amendment No. 2 to Agreement with Rincon Consultants, Inc. for Contract Planning Services to Extend the Term of the Contract and Increase the Contract Amount by $100,000. Staff Recommendation: Waive RFP requirements and authorize the City Manager to execute Amendment No. 2 to the City’s Agreement with Rincon Consultants, Inc. to provide on-call contract planning services through December 31, 2022 and allocate the $100,000 previously awarded to Lambert Consulting LLC to the Rincon Consultants, Inc. agreement, for a cumulative total not to exceed $200,000, subject to final language approval of the City Manager. (Staff: Doug Spondello) (ROLL CALL VOTE REQUIRED) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Douglas Spondello, Planning Manager DATE: 11/18/2020 Regular Meeting SUBJECT: Consider Amendment No. 2 to Agreement with Rincon Consultants, Inc. for Contract Planning Services to Extend the Term of the Contract and Increase the Contract Amount by $100,000 SUMMARY In October, 2019, the City Manager approved a contract with Rincon Consultants, Inc (Rincon) for contract planning services. The City Council amended this contract in February, 2020 to extend the term and increase the contract amount. On September 2, 2020, the City Council approved a contract with Lambert Consulting LLC (Lambert) for contract planning services, in the amount of $100,000. Prior to execution of the contract, Lambert advised staff that the firm was closing and unable to fulfill the contract. Rincon is already under contract to provide planning services through December 31, 2020 and has qualified staff available. The proposed contract amendment would extend the term of the contract by an additional 24 months, to December 31, 2022, and increase the contract amount by the $100,000 previously set aside for Lambert, for a total of $200,000. BACKGROUND On January 15, 2020, the City Council received a “Community Development Organizational Audit” conducted by an outside consulting firm, Management Partners, which assessed the operations of the City’s Community Development Department and made recommendations to improve operations. Among their recommendations was to expand consulting services to include additional on-call planning casework assistance (Recommendation 24). According to the audit, having on-call planning assistance is a “good approach for addressing periods of peak workload, rather than incurring the cost of hiring staff for the peak, having consultants on call allows the department to use the resources when workload warrants it.” Due to a staff vacancy, a significant backlog of development projects, and to pursue implementation of the recommendations of the Community Development Organizational Item: 10.F. 58 Honorable City Council 11/18/2020 Regular Meeting Page 2 Audit, the City Manager approved an initial contract with Rincon with a not-to-exceed amount of $40,000 in October 2019. On February 19, 2020, the City Council authorized the first amendment to this contract to extend the term to December 31, 2020 and increase the amount of the contract to $100,000 as part of the Mid-Year Budget. On September 2, 2020, the City Council appropriated $100,000 funding and approved an agreement for on-call contract planning services with Lambert, through June 30, 2021 and extendable by the City Manager through June 30, 2022. However, prior to execution of the contract, Lambert advised staff that the firm was closing and unable to fulfill the contract. DISCUSSION The Community Development Department has a significant backlog of high-profile development projects while managing a comprehensive update to the City’s General Plan. On-call planning consultants ensure that staff can effectively manage the Department’s workflow while meeting state-mandated timelines for environmental review, permit streamlining, the submittal of annual reports, and responding to new legislation. All costs incurred by the City for services provided under the proposed agreement with Rincon are passed on to developers; if the City obtains $1,000 worth of services reviewing a specific project, then staff bills that $1,000 to the developer of that project. Because the agreement provides for on-call services, there is no requirement that the City procure the full proposed value of the agreement if demand for planning services does not fully materialize. However, having the agreement in place will ensure that the City can provide timely review of planning permit applications during times of peak workload. The City’s Purchasing Ordinance and Purchasing Policy outlines bidding procedures for services agreements, with the purpose of obtaining contractual services of those who demonstrate adequate competence, together with cost-effectiveness. Rincon has already been satisfactorily providing contract planning services to the City. As such, the City Manager and Interim Deputy City Manager are comfortable with the competency of the services to be provided by Rincon and their contract planner assigned to the City. Staff therefore requests that Council waive requirements seeking Requests for Proposals (RFP) and authorize the City Manager to execute the contract amendment with Rincon. Regarding cost-effectiveness, the proposed amendment to the agreement with Rincon provides on-call contract planning services at a cost of $175 per hour, the same hourly rate as the existing Rincon agreement, which was awarded as the result of a competitive request for proposals process, as well as the previously-approved Lambert Consulting LLC agreement. The current agreement with Rincon concludes on December 31, 2020. The previously- approved agreement with Lambert Consulting LLC had a term through June 30, 2021, 59 Honorable City Council 11/18/2020 Regular Meeting Page 3 plus the City Manager was authorized to extend it to June 30, 2022. Based on the City’s past experience with Rincon and the projects currently in-process, staff now recommends that the Rincon agreement be extended through December 31, 2022. FISCAL IMPACT No fiscal impact is proposed with this request. The City Council previously appropriated $100,000 for this purpose in the Community Development Fund (2200) and the recommended City Council action will merely allocate it to a different consultant, providing the same services at the same cost. Costs incurred under this agreement will be completely offset by developer deposits. COUNCIL GOAL COMPLIANCE This action will continue implementation of City Council Strategy 4, Goal 1, Objective 3 (4.1.3): “Conduct an Organization and Management Study of the Community Development Department to review and analyze the development process and prepare an implementation plan by December 31, 2019.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Waive RFP requirements and authorize the City Manager to execute Amendment No. 2 to the City’s Agreement with Rincon Consultants, Inc. to provide on-call contract planning services through December 31, 2022 and allocate the $100,000 previously awarded to Lambert Consulting LLC to the Rincon Consultants, Inc. agreement, for a cumulative total not to exceed $200,000, subject to final language approval of the City Manager. Attachment: Amendment No. 2 to Agreement with Rincon Consultants, Inc. 60 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND RINCON CONSULTANTS, INC. FOR CONTRACT PLANNING SERVICES This Amendment No. 2 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Rincon Consultants, Inc., a corporation (“Consultant”), for contract planning services (“Agreement”), is made and entered into on this ___ day of ____________________, 2020. RECITALS WHEREAS, on October 15, 2019 the City and Consultant entered into an Agreement to have the Consultant provide contract planning services; and WHEREAS, on March 9, 2020, the City and Consultant extended the contract to December 31, 2020, and increased the total contract value to one hundred thousand dollars ($100,000.00); and WHEREAS, the City and Consultant now desire to amend the Agreement to extend the term of the Agreement to December 31, 2022, and to increase the compensation for services to be performed by Consultant from one hundred thousand dollars ($100,000.00) by a value of one hundred thousand dollars ($100,000.00), for a total contract value of two hundred thousand dollars ($200,000.00), and document said agreement to amend by jointly approving Amendment No. 2 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I. Section 1, TERM, is amended by replacing this section in its entirety as follows: “The term of this agreement shall be from the date of execution to December 31, 2022, unless this Agreement is terminated, suspended, or extended pursuant to this Agreement.” II. Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide contract planning services, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. ATTACHMENT 61 Amendment No. 2 to Agreement between City of Moorpark and Rincon Consultants, Inc. Page 2 Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates in Exhibit C or total contract value of two hundred thousand dollars ($200,000.00), without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” III. Section 4, Paragraph 3, is amended by replacing the paragraph in its entirety as follows: “Substitution of the Project Staff, consisting of Joe Power and Sarah Lejeune, for any other individuals requires prior written approval of the City Manager. The City Manager shall have the right to review the qualifications and interview any individual requested for substitution, at no cost to City, and the City Manager may disallow the substation, in which case Consultant shall propose an alternative individual for the City Manager’s review.” IV. Remaining Provisions: Except as revised by this Amendment No. 2, 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 RINCON CONSULTANTS, INC. _______________________________ _______________________________ Troy Brown City Manager Joe Power Senior Principal/Vice President Attest: _______________________________ Ky Spangler City Clerk 62