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Home My WebLink About09 - Extend Planning Staff Services Contract with MIG��tiWPORr CITY OF NEWPORT BEACH �CIFORNP City Council Staff Report Agenda Item No. 9 December 10, 2013 kfo :[ 7 [X17_1c3�� /_ \'L�7:L1►1�l��il Ji[ 1�:+�Y�7��.1��'LKi1�P►[NI� FRONT: Community Development Director Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director APPROVED: TITLE: Extend Planning Staff Services Contract with MIG, Inc. ABSTRACT: Since June 2013, the Planning Division has utilized consulting services to provide one full -time planner to address increased staffing needs resulting from an influx of plan check and development applications. The increased level of development activity is expected to continue through Fiscal Year (FY) 2014 -15 requiring current staff levels to be maintained. Therefore an extension of the planning services contract is requested. RECOMMENDATIONS: Extend the term of the contract with MIG, Inc. to June 30, 2015, for a not to exceed amount of $400,000.00 for the entire two -year term of the contract, and authorize the Mayor and City Clerk to execute the amendment to the Agreement. Approve a Budget Amendment to increase expenditure appropriations in the Planning Division's Professional & Technical Account, 2710 -8080, by $90,000 for FY 2013 -14 from General Fund unappropriated fund balance. FUNDING REQUIREMENTS: Revenue collected by the Building and Planning Divisions from July 1 to October 31, 2013, exceed projections by $500,000 which off -sets the requested expenditure of $90,000. The initial agreement was executed by the City Manager in June 2013 for $120,000. An additional $90,000 is needed to fund the contract for the remaining portion of FY 2013 -14. The expected funding of $190,000 for FY 2014 -15 will be requested through the upcoming budget process. i Extend Planning Staff Services Contract with MIG, Inc. December 10, 2013 Page 2 The Budget Amendment increases expenditure appropriations by $90,000 in the 2710- 8080. Professional & Technical Services account in FY 2013 -14. DISCUSSION: The Community Development Department has experienced increased development activity in the past year. In addition, several large development applications and planning projects are either in process or anticipated, including development of the City's first Local Coastal Program, amendment of the General Plan Land Use Element, and processing the applications for Back Bay Landing, Koll Center and ExplorOcean that will continue through FY 2014 -15. To maintain quality customer service levels, a contract planner was retained in June 2013 to support the public counter, phone inquiries, plan checks and processing of discretionary applications. The planner has been trained and works seamlessly with the Community Development Department staff. It would be desirable to maintain the contract planner to ensure staff levels are adequate to accommodate the increased work load. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. IIWE0 rig IIre's The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: yk,"'v- Kimberly Brand AICP Director Attachment: A. Contract Amendment with MIG, Inc. B. Budget Amendment 2 City Council Attachment A Contract Amendment with MIG, Inc. 3 11 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH MOORE IACOFANO GOLTSMAN, INCORPORATED FOR PROFESSIONAL PLANNING CONTRACT SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 11th day of December, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and MOORE IACOFANO GOLTSMAN, INCORPORATED, a California corporation ( "Consultant "), whose address is 800 Hearst Avenue, Berkeley, CA 94710, and is made with reference to the following: RECITALS A. On June 10, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement") to conduct professional planning contract services ( "Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to June 30, 2015 and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on June 10, 2013, and shall terminate on June 30, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated November 25, 2013, attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in Its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, 0 including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Thousand Dollars and 001100 ($400,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, Including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Eighty Thousand Dollars and 00 /100 ($280,000.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Moore lacofano Goltsman, Incorporated Page 2 0 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11 By: r Aaron C. Hbrp City Attorney ]�Q ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: Keith D. Curry Mayor CONSULTANT: Moore Goltsman, Incorporated, a corporation Date: lacofano California By: Daniel lacofano, PHD Principal /Chief Executive Officer Date: By: Carolyn Verheyen Principal /Chief Operating Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Moore lacofano Goltsman, Incorporated Page 3 7 EXHIBIT A SCOPE OF SERVICES Moore lacofano Goltsman, Incorporated Page PSI M Hogle- Ireland November 25. 2013 Brenda Wisneski, AICP Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Extension of Existing Contract Ms. Wisneski: By this letter, MIG, Inc. hereby agrees to an extension of the contract between MIG and the City of Newport Beach, executed on June 10, 2013. The term of the contract will be extended to June 30, 2015. The total fees authorized by the contract will Increase to $400,000. All other terms and provisions of the contract, including the scope of work, shall remain in force. Sincerely, Daniel lacofano, Phil Principal /Chief Executive 109 West Union Avenue • Fullerton, CA 92832 • USA • 714.871.3638 • www.migcom.com I 10 City Council Attachment B Budget Amendment 11 City of Newport Beach NO. BA- 14BA -027 BUDGET AMENDMENT 2013 -14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $90,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balancf No effect on Budgetary Fund Balance To increase expenditure appropriations in the Planning Division's professional and technical account from General Fund unappropriated fund balance to fund a full -time contracted planner to address increased staffing needs resulting from an influx of Dian check and develooment aoDlications. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Description Division Number 2710 Planning Account Number 8080 Services Prof Tech NOC Signed: Z& C;41 Financial Signed: Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $90,000.00 Automatic 411� I a-N_ /-!�, Date f Date Date 12