HomeMy WebLinkAboutAGENDA REPORT 2015 0506 CCSA REG ITEM 10J ITEM 10.J.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL BY: &p
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
DATE: April 27, 2014 (CC Regular Meeting of 5/6/2015)
SUBJECT: Consider Amendment No. 2 to Agreement with Lilley Planning Group
for Additional Planning Services
BACKGROUND/DISCUSSION
The City Manager approved an Agreement with Lilley Planning Group for planning
services, which was executed on September 9, 2014, for a not-to-exceed amount of
$25,000.00. This agreement provided contract planning services due to a principal
planner position vacancy created August 27, 2014. On October 15, 2014, the City
Council approved Amendment No. 1 to this Agreement, with an increase of the not-to-
exceed amount by $35,000.00, for a total of $60,000.00. This amendment was
executed on January 15, 2015. This new amount was at the time anticipated to be
sufficient until the Principal Planner vacancy could be filled.
Upon review of upcoming anticipated billable time, it appears that billable time will be
strong for the next two fiscal years, and then it will begin to decline as major projects are
completed. For this reason, staff has not proceeded with the filling of the Principal
Plannerposition, and recommends the continuance of contract planning services to fill
this staffing need.
The staffing from Lilley Planning Group has been provided at a Principal Planner level
by Stefanie Edmondson, who has provided an average of approximately 20 hours a
week of staffing. Except for a few hours at the beginning of this contract, funding for
this work has come entirely from billable projects, including the Toll Brothers, Richmond
American, and Pardee projects in the Moorpark Highlands and the K. Hovnanian
Homes project at Meridian Hills.
The City Council is now being asked to consider an amendment for additional planning
services increasing the compensation by up to $105,000.00 to a new total not-to-exceed
amount of $165,000.00. This is expected to cover needed contractual services through
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Honorable City Council
May 6, 2015
Page 2
Fiscal year 2015-2016. All the time charges are anticipated to continue to be billable to
specific projects, without any general fund costs.
FISCAL IMPACT
There is no additional appropriation requested at this time for this fiscal year. The
Planning Department's Fiscal Year 2014-2015 adopted budget included $365,487.00 in
Salaries (Full-Time) (Expenditure Account 9002) from the Community Development
Fund (2200.6440). Of this, $60,000.00 has already been transferred to Contractual
Services (Expenditure Account 9102). An additional $15,000.00 is requested to be
transferred for this fiscal year. The Fiscal Year 2015-2016 draft Budget will propose
$90,000.00 for Contractual Services for the balance of this work. This expense will be
offset by revenue from developer deposits when work is performed.
STAFF RECOMMENDATION
Approve the increase in compensation by $105,000.00 with a new not-to-exceed
amount of$165,000.00 and authorize the City Manager to execute Amendment No. 2 to
the Agreement between the City of Moorpark and Lilley Planning Group for additional
planning services, subject to final language approval of the City Manager.
Attachment: Amendment No. 2 to Professional Services
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AMENDMENT NO. 2
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
LILLEY PLANNING GROUP FOR PLANNING SERVICES
This Amendment No. 2 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and Lilley Planning Group, a corporation ("Consultant")
for professional services ("Agreement"), is made and entered into the day of
, 2015.
RECITALS
WHEREAS, on September 9, 2014, the City and Consultant entered into an
Agreement to have the Consultant provide planning services for a total contract value of
twenty-five thousand dollars ($25,000.00); and
WHEREAS, on January 15, 2015, the City and Consultant amended the
Agreement to increase the compensation for the services to be performed by a total
contract value of sixty thousand dollars ($60,000.00); and
WHEREAS, the City and Consultant now desire to further increase the
compensation for services to be performed by Consultant by a total contract value of
one-hundred sixty-five thousand dollars ($165,000.00), 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:
Section 2, SCOPE OF SERVICES, is amended by replacing the third paragraph
of Section 2 in its entirety as follows:
"Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the new total not-to-exceed
amount of one-hundred sixty-five thousand dollars ($165,000.00), 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"
II. Section 5, PAYMENT, is amended by replacing the second and third paragraphs
of Section 5 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 B, based upon
actual time spent on the above tasks. This amount shall not exceed one-hundred sixty-
five thousand dollars ($165,000.00), for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
CC ATTACHMENT 377
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties."
III. 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 WITNESS WHEREOF, the parties have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK LILLEY PLANNING GROUP
By: By:
Steven Kueny, City Manager Jennifer Lilley, President
Attest:
Maureen Benson, City Clerk
Amendment No. 2 to Agreement between City of Moorpark and Lilley Planning Group Page 2
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