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Home My WebLink AboutAGENDA REPORT 2013 1016 CC SPC ITEM 06A ITEM 6.A. CITY OF MOORPARK,CALIFORNIA MOORPARK CITY COUNCIL City Council Mooting AGENDA REPORT of In - i6-01013- AC11O . , . . __ , _ TO: Honorable City Council 41A FROM: David A. Bobardt, Community Development Director Prepared by: Tracy J. Oehler, Administrative Specialist`-I'D DATE: October 15, 2013 (CC Special Meeting of 10/16/2013) SUBJECT: Consider Additional Professional Services Regarding Grimes Rock Mining Facility Expansion Final Environmental Impact Report (EIR) and Authorize the City Manager to Execute Retainer Agreement BACKGROUND/DISCUSSION An Agreement with the Sohagi Law Group for professional services regarding Grimes Rock Mining Facility Expansion Final EIR was executed on June 20, 2013, for a not-to- exceed amount of $40,000.00 without prior authorization. On June 28, 2013, the City Manager approved an additional $4,777.80 for a total amount of $44,777.80. On September 11, 2013, the City Council authorized an additional $29,250.00 for a total amount of $74,027.80. Since this time, considerable effort has been spent preparing for the appeal public hearing before the Board of Supervisors, including the searching of public records at the County, and collecting additional traffic data. The City Council is now being asked to consider a retainer agreement for additional professional services increasing the compensation by $25,000.00 to a new total not-to-exceed amount of $99,027.80, which includes a $10,000.00 contingency subject to City Manager approval. FISCAL IMPACT There is no additional appropriation requested at this time. The Planning Department's FY 2013/14 adopted budget includes $170,000.00 in Special Professional Services (Expenditure Account 9103) from the General Fund (1000) for the Housing Element and General Plan Environmental Impact Report Land Use and Circulation Element Planning Services. The department is proposing to transfer $25,000.00 for this agreement amendment to the Legal Services - Non Retainer (Expenditure Account 9122). STAFF RECOMMENDATION Approve the increase in compensation by $25,000.00 with a new not-to-exceed amount of $99,027.80 and authorize the City Manager to execute the retainer agreement for professional services, subject to final language approval of the City Manager. Exhibit A-Amendment No. 2 to Professional Services 5 EXHIBIT A AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE SOHAGI LAW GROUP FOR PROFESSIONAL SERVICES This Amendment No. 2 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and the Sohagi Law Group, a public limited company ("Consultant") for professional services ("Agreement"), is made and entered into the day of , 2013. RECITALS WHEREAS, on June 20, 2013, the City and Consultant entered into an Agreement to have the Consultant provide professional services regarding Grimes Rock Mining Facility Expansions Final EIR; and WHEREAS, on September 17, 2013, the City and Consultant entered into an Amendment No. 1 to increase the compensation for services to be performed by Consultant by a total contract value of seventy-four thousand twenty-seven dollars and eighty cents ($74,027.80); and WHEREAS, the City and Consultant now desire to increase the compensation for services to be performed by Consultant by a total contract value of ninety-nine thousand twenty-seven dollars and eighty cents ($99,027.80), 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. SCOPE OF WORK, is amended to include the additional professional services to be performed by Consultant as set forth in Exhibit B. Consultant shall perform the tasks described and set forth in Exhibit B. Consultant shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit B. 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 ninety-nine thousand twenty-seven dollars and eighty cents ($99,027.80), which includes a ten thousand dollar ($10,000.00) contingency amount, without the written authorization of the City Manager. 6 II. Remaining Provisions: Except as revised by this Amendment No. 2, all of the provisions of the Agreement shall remain in full force and effect. CITY OF MOORPARK THE SOHAGI LAW GROUP By: By: Steven Kueny, City Manager Margaret Moore Sohagi Attest: Maureen Benson, City Clerk Exhibit B — Retainer Agreement for Additional Professional Services The Sohagi Law Group Page 2 of 2 7 EXHIBIT B MARGARET MOORE SOHAGI THE SOHAGI LAW GROUP NICOLE HOEKSMA GORDON SACRAMENTO OFFICE A PROFESSIONAL LAW CORPORATION 1104 CORPORATE WAY 11999 SAN VICENTE BOULEVARD, SUITE 150 SACRAMENTO, CALIFORNIA 95831 C. OP SOH S Los ANGELES, CALIFORNIA 90049-5136 TELEPHONE (916) 395-4491 CHRISTOPHER S.. BURT TELEPHONE (310) 475-5700 FACSIMILE (916) 395-4492 FACSIMILE (310) 475-5707 ALBERT I. HERSON L THOMAS JACOBSON WWW.S0113g1.COIri ‘Z:)`-`L/Y) ^ ALISON L. KRUMBEIN ANNE C.H. LYNCH HELENE V. SMOOKLER PHILIP A. SEYMOUR OF COUNSEL October 15, 2013 Steve Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Retainer Agreement for Additional Professional Services Dear Mr. Kueny: Per your request, The Sohagi Law Group, PLC will provide additional legal advice to the City of Moorpark regarding Grimes Rock Mining Facility Expansion Final EIR. At the City's request, and pursuant to our rate sheet attached hereto, The Sohagi Law Group will perform the following tasks(time and materials) at a budget of not to exceed$15,000 without prior authorization plus $10,000 for additional services, subject to prior approval from the City Manager. Total additional budget = $25,000 SLG Tasks requested by City: • Prepare for and attend meetings, closed sessions and public hearings • Prepare submittal to County Board of Supervisors (letter, exhibits and additional documentary evidence) appealing project approval and EIR certification • Draft California Public Records Act requests • Review documents responsive to California Public Records Act requests • Contract with traffic consultant as subconsultant 8 THE SOHAGI LAW GROUP, PLC Steve Kueny, City Manager City of Moorpark October 15, 2013 Page 2 • Coordinate and conference with traffic consultant and City re additional studies and surveys,analysis of County responses to FEIR Comment Letter, and appeal letter to Board of Supervisors • Additional services subject to prior approval from the City Manager I will be the attorney primarily responsible for this matter with assistance by others as needed. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. Our fees are set out in the attached rate sheet. If this accurately summarizes your understanding, please indicate your acceptance by signing, dating and returning this letter. We look forward to working the City on this matter. Please do not hesitate to contact me should you have any questions or need more information concerning this matter. Very truly yours, MARGARET MOORE SO GI of THE SOHAGI LAW GROUP,PLC APPROVED AND ACCEPTED: Steve Kueny City Manager City of Moorpark W:\C\394\001\00279305.DOC 9 THE SOHAGI LAW GROUP,PLC THE SOHAGI LAW GROUP, PLC HOURLY RATES CLIENT shall pay ATTORNEY the fees and necessary expenses calculated in accordance with the hourly rates and expense method of billing identified below. Fees and expenses are to be charged as set forth below. CLIENT will not pay ATTORNEY for travel time. CLIENT will reimburse ATTORNEY for the actual expenses related to the travel. ATTORNEY structures its services with a primary partner contact for each client. MARGARET MOORE SOHAGI will act as the principal partner contact. She will be responsible for coordinating all matters pertaining to the matter as well as all billing, staffing needs, and regular reports. ATTORNEY's hourly rates are as follows: Principal. $350 Partner $350 Counsel I: $350 - Counsel II: $325 Associate $300 Associate II: $275 Associate III: $250 Paralegal: $125 Law Clerk: $175 Travel: Actual Expense Only Lodging and Meals: Actual—Not to exceed CLIENT per diem without prior authorization. ATTORNEY bills monthly for work performed and costs advanced. ATTORNEY bills all overhead expenses, such as long distance telephone charges, facsimile transmission charges,photocopying and delivery expenses, as costs advanced. All overhead expenses will be billed at ATTORNEY's cost. W:\C\394\001\00279305.DOC 10