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HomeMy WebLinkAboutAGENDA REPORT 2018 0207 CCSA REG ITEM 10K ITEM 10.K. CITY OF MOORPARK,CALIWOR I'i My Council Meeting MOORPARK CITY COUNCIL ACTION: AGENDA REPORT - •.-_- TO: The Honorable City Council FROM: Jessica Sandifer, Community Services Manag .' DATE: January 24, 2018 (CC Meeting of 02/07/18) V SUBJECT: Consider Authorizing Waiver of Conflict of Interest Provision for Benner and Carpenter Agreements • BACKGROUND AND DISCUSSION Benner and Carpenter (B&C) has several agreements with various divisions in the City to perform surveying and engineering services. The City's standard professional services agreement contains language that prohibits consultants and contractors from performing work for any developers, property owners, or partnerships that own property in the city or are processing entitlement applications. With the current language, the City Manager does not have the authority to waive the conflict of interest for this work. B&C has been approached by a local property owner about creating a parcel map for their property and they are requesting a waiver of the conflict of interest requirement in order to perform the work. Staff has no concerns with modifying the language for B&C because their work, whether on City property or private property, is plan checked and reviewed by the City's contract engineering firm, so the potential for a conflict of interest to arise is low. Staff is proposing to modify the conflict of interest language in B&C's agreement such that the City Manager is given authority to waive the conflict of interest provision on a case-by-case basis. This would require B&C to notify the City when they have been approached by potential clients, and the City could determine whether a conflict exists and whether to waive the procedure. B&C currently has three separate active agreements for surveying services and parcel map and easement preparation services with the City and we are proposing to modify the Conflict of Interest provisions in those three agreements. FISCAL IMPACT There is no fiscal impact. 216 Honorable City Council February 7, 2018 Page 2 STAFF RECOMMENDATION Authorize the City Manager to waive conflict of interest provision in Benner and Carpenter, Inc.'s agreements, on a case-by case basis, and authorize the City Manager to sign Amendments to the Agreements modifying the language, subject to final language approval of the City Manager. 217