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HomeMy WebLinkAboutAGENDA REPORT 2022 0406 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 6, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. C. Consider Amendments to Agreements with Chambers Group Inc., Civic Solutions, Inc., and Interwest Consulting Group, Inc. to Update the Scope of Services, Specifying the Not-to-Exceed Total Contract Values to be in Relation to Services Provided for City Projects, and Excluding Services Provided for Private Development Projects; and Extending the Term of the Agreements with Civic Solutions, Inc., and Interwest Consulting Group, Inc., to Continue in Effect Until Terminated or Suspended Pursuant to the Agreements. Staff Recommendation: 1) Approve Amendment No. 4 to Chambers Group, Inc. On-Call Environmental Consulting Services Agreement, updating the Scope of Services, specifying the not-to-exceed total contract value of four hundred thousand dollars ($400,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager; and 2) Approve Amendment No.1 to Civic Solutions, Inc. Contract Planning Services Agreement, extending the Agreement Term to continue in effect until terminated or suspended pursuant to the Agreement, and updating the Scope of Services, specifying the not-to-exceed total contract value of one hundred fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager; and 3) Approve Amendment No. 1 to Interwest Consulting Group, Inc. Contract Planning Services Agreement, extending the Agreement Term to continue in effect until terminated or suspended pursuant to the Agreement, and updating the Scope of Services, specifying the not-to-exceed total contract value of one hundred fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager. (Staff: Kat Valencia, Administrative Specialist) Item: 10.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Kat Valencia, Administrative Specialist DATE: 04/06/2022 Regular Meeting SUBJECT: Consider Amendments to Agreements with Chambers Group, Inc., Civic Solutions, Inc., and Interwest Consulting Group, Inc. to Update the Scope of Services, Specifying the Not-to-Exceed Total Contract Values to be in Relation to Services Provided for City Projects, and Excluding Services Provided for Private Development Projects; and Extending the Term of the Agreements with Civic Solutions, Inc., and Interwest Consulting Group, Inc., to Continue in Effect Until Terminated or Suspended Pursuant to the Agreements SUMMARY & BACKGROUND Amendments are proposed to three existing City contracts – Chambers Group, Inc. (Chambers), Civic Solutions, Inc. (Civic Solutions), and Interwest Consulting Group, Inc. (Interwest). Following a Request for Proposals (RFP) and competitive bid process, the City of Moorpark entered into a Professional Services Agreement with Chambers for on-call environmental consulting services on August 1, 2019. On February 3, 2020, the City and Consultant executed Amendment No. 1 to the Agreement to increase the compensation for services to be performed by the Consultant from $100,000 by a value of $75,000. On September 28, 2020, the City and Consultant executed Amendment No. 2 to the Agreement to increase the compensation for services to be performed by the Consultant from $175,000 by a value of $225,000, for a total contract value of $400,000. On July 29, 2021, the City and Consultant executed Amendment No. 3 to the agreement to extend the term of the agreement to continue in effect until terminated or suspended pursuant to the agreement. Following an RFP and competitive bid process, the City of Moorpark entered into a Professional Services Agreement with Civic Solutions for contract planning services on July 1, 2021, for a total contract value of $150,000. The term of the Agreement is from the date of execution to June 30, 2024. Item: 10.C. 260 Honorable City Council 04/06/2022 Regular Meeting Page 2 Following an RFP and competitive bid process, the City of Moorpark entered into a Professional Services Agreement with Interwest, for contract planning services on July 1, 2021, for a total contract value of $150,000. The term of the Agreement is from the date of execution to June 30, 2024. DISCUSSION A majority of the costs associated with these contracts are reimbursed by private developer deposits. The manner in which all contracts were prepared require the City to allocate public funds against the contract amounts, despite the costs ultimately being reimbursed from private developer deposits. The proposed amendments will allow direct billing to developer deposits without requiring the City to encumber public funds for this purpose. Diagrams depicting the existing and proposed cash flow are provided below: Existing Proposed This change will require that the not-to-exceed amounts related to City projects within the individual agreements be tracked through Additional Services Authorizations (ASA’s). These projects will be initiated by the City and are not associated with a developer deposit account. Once the City initiates the project, the City will solicit project schedules and costs from the Consultant to best determine which Consultant should perform the work. At that time the Consultant with the proposal that meets the City needs will receive an ASA, and the ASA will be signed off by the City and Consultant. 261 Honorable City Council 04/06/2022 Regular Meeting Page 3 The City also wishes to extend the term of the Agreements with Civic Solutions and Interwest to continue in-effect until terminated or suspended pursuant to the Agreements. This is consistent with the Chambers Agreement. FISCAL IMPACT There are no direct fiscal impacts associated with this request. Staff is not requesting additional funds at this time. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION 1. Approve Amendment No. 4 to Chambers Group, Inc. On-Call Environmental Consulting Services Agreement, updating the Scope of Services, specifying the not-to-exceed total contract value of four hundred thousand dollars ($400,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager; and 2. Approve Amendment No.1 to Civic Solutions, Inc. Contract Planning Services Agreement, extending the Agreement Term to continue in effect until terminated or suspended pursuant to the Agreement, and updating the Scope of Services, specifying the not-to-exceed total contract value of one hundred fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager; and 3. Approve Amendment No. 1 to Interwest Consulting Group, Inc. Contract Planning Services Agreement, extending the Agreement Term to continue in effect until terminated or suspended pursuant to the Agreement, and updating the Scope of Services, specifying the not-to-exceed total contract value of one hundred fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, subject to final language approval of the City Manager. Attachment 1: Chambers Group, Inc. Amendment No. 4 Attachment 2: Civic Solutions, Inc. Amendment No. 1 Attachment 3: Interwest Consulting Group, Inc. Amendment No. 1 262 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHAMBERS GROUP, INC. FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES This Amendment No. 4 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 ____________________, 2022. RECITALS WHEREAS, on August 1, 2019, the City and Consultant entered into an Agreement to have the Consultant provide on-call environmental services; and WHEREAS, on February 3, 2020, the City and Consultant executed Amendment No. 1 to the Agreement to increase the compensation for services to be performed by the Consultant from one hundred thousand dollars ($100,000.00) by a value of seventy- five thousand dollars ($75,000.00) for a total value of one hundred and seventy-five thousand dollars ($175,000.00); and WHEREAS, on September 28, 2020, the City and Consultant executed Amendment No. 2 to the Agreement to increase the compensation for services to be performed by the Consultant from one hundred and seventy-five thousand dollars ($175,000.00) by a value of two hundred and twenty-five thousand dollars ($225,000.00) for a total value of four hundred thousand dollars ($400,000.00); and WHEREAS, on July 29, 2021, the City and Consultant executed Amendment No. 3 to the Agreement to modify the Term of the Agreement to continue in effect until terminated or suspended pursuant to the agreement; and WHEREAS, the City and Consultant now desire to amend the Agreement to update the Scope of Services, specifying the not to exceed total contract value of four hundred thousand dollars ($400,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, and document said agreement to amend by jointly approving Amendment No. 4 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 this section in its entirety as follows: “City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide on-call environmental services, as set forth in Exhibit C. In the event there is a conflict between the provisions of ATTACHMENT 1 263 Amendment No. 4 to Agreement between City of Moorpark and Chambers Group, Inc. Page 2 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. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. For services provided for City projects, compensation shall not exceed the rates or total contract value of four- hundred thousand dollars ($400,000.00) for the Term of this Agreement without a written Amendment to the Agreement executed by both parties. The City will initiate an Additional Services Authorization (ASA) for each City project that is within the not-to-exceed amount specified in this section; upon Consultant’s receipt of an ASA, Consultant will provide the anticipated time and dollar cost; the ASA will be signed off by the City and Consultant. Consultant shall not begin work on the ASA until the ASA has been executed. Compensation for services provided for private development projects will be funded through developer deposits and are not subject to the not to exceed limit. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” II. Remaining Provisions: Except as revised by this Amendment No. 4, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK CHAMBERSE GROUP, INC. _______________________________ _______________________________ Troy Brown City Manager Mike McEntee Chief Operating Officer Attest: _______________________________ Ky Spangler City Clerk 264 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND CIVIC SOLUTIONS, INC. FOR CONTRACT PLANNING SERVICES This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Civic Solutions, Inc., a corporation (“Consultant”), for contract planning services (“Agreement”), is made and entered into on this ___ day of ____________________, 2022. RECITALS WHEREAS, on July 1, 2021, the City and Consultant entered into an Agreement to have the Consultant provide contract planning services; and WHEREAS, the City and Consultant now desire to amend the Agreement to modify the Term of the Agreement, and to update the Scope of Services, specifying the not to exceed total contract value of one-hundred and fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, 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 1, TERM, is amended by replacing this section it its entirety as follows: “This Agreement shall continue in effect until terminated or suspended 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. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. For services provided for City projects, compensation shall not exceed the rates or total contract value of one- hundred and fifty thousand dollars ($150,000.00) for the Term of this Agreement without a written Amendment to the Agreement executed by ATTACHMENT 2 265 Amendment No. 1 to Agreement between City of Moorpark and Civic Solutions, Inc. Page 2 both parties. The City will initiate an Additional Services Authorization (ASA) for each City project that is within the not-to-exceed amount specified in this section; upon Consultant’s receipt of an ASA, Consultant will provide the anticipated time and dollar cost; the ASA will be signed off by the City and Consultant. Consultant shall not begin work on the ASA until the ASA has been executed. Compensation for services provided for private development projects will be funded through developer deposits and are not subject to the not to exceed limit. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” III. 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 Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK CIVIC SOLUTIONS, INC. _______________________________ _______________________________ Troy Brown City Manager Thomas G. Merrell President Attest: Approved as to form: _______________________________ ________________________________ Ky Spangler City Clerk Troy L. Tate, Esq., General Counsel for Civic Solutions, Inc. 266 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND INTERWEST CONSULTING GROUP, INC. FOR CONTRACT PLANNING SERVICES This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Interwest Consulting Group, Inc., a corporation (“Consultant”), for contract planning services (“Agreement”), is made and entered into on this ___ day of ____________________, 2022. RECITALS WHEREAS, on July 1, 2021, the City and Consultant entered into an Agreement to have the Consultant provide contract planning services; and WHEREAS, the City and Consultant now desire to amend the Agreement to modify the Term of the Agreement, and to update the Scope of Services, specifying the not to exceed total contract value of one-hundred and fifty thousand dollars ($150,000.00) to be in relation to services provided for City projects, and excluding services provided for private development projects, 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 1, TERM, is amended by replacing this section it its entirety as follows: “This Agreement shall continue in effect until terminated or suspended 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. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. For services provided for City projects, compensation shall not exceed the rates or total contract value of one- hundred and fifty thousand dollars ($150,000.00) for the Term of this Agreement without a written Amendment to the Agreement executed by ATTACHMENT 3 267 Amendment No. 1 to Agreement between City of Moorpark and Interwest Consulting Group, Inc. Page 2 both parties. The City will initiate an Additional Services Authorization (ASA) for each City project that is within the not-to-exceed amount specified in this section; upon Consultant’s receipt of an ASA, Consultant will provide the anticipated time and dollar cost; the ASA will be signed off by the City and Consultant. Consultant shall not begin work on the ASA until the ASA has been executed. Compensation for services provided for private development projects will be funded through developer deposits and are not subject to the not to exceed limit. Payment by City to Consultant shall be in accordance with the provisions of this Agreement.” III. 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 Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK INTERWEST CONSULTING GROUP, INC. _______________________________ _______________________________ Troy Brown City Manager Avner Alkhas Interim Chief Financial Officer Attest: _______________________________ Ky Spangler City Clerk 268