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HomeMy WebLinkAbout11 - Planning & Advocacy Services for the LCPCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ii December 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, Senior Planner Planning Department (949) 644 -3210 icampbellOcity.newport- beach.ca.us SUBJECT: Extension of Professional Services Agreement for Consulting, Planning and Advocacy Services for the Local Coastal Program (LCP). ISSUE Should the City Council extend the professional services agreement with D.B. Neish for an additional 5 months? RECOMMENDATIONS Authorize the City Manager to execute an amendment to the Professional Services Agreement with D.B. Neish, Inc. extending the term to May 30, 2009. DISCUSSION In December of 2007, the City entered into a Professional Services Agreement with Dave Neish for consulting and advocacy services for the Local Coastal Program certification effort. The term of the current agreement expires on December 10, 2008. The City's pending application for an amendment of the Coastal Land Use Plan will be considered by the Coastal Commission in either January or February of 2009. Continued services from Mr. Neish are necessary to complete this stage of the LCP certification effort. The scope of services and the fee schedule are not changing and are attached for reference. Based upon the maximum billing rate of $10,000 per month and estimated reimbursable expense averaging $1,500 per month, the total expenditure associated with this extension may be $57,500. Environmental Review The City Council's approval of this Agenda Item does not require environmental review as it is not defined as a project and the authorization of this PSA will not result in a physical change to the environment. Public Notice This agenda item has been noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). PSA for consulting services D.B. Neish December 9, 2006 Funding Availability Account #2710 -8294 has an unallocated balance of $60,000 for fiscal year 2008 -2009. Alternatives The City can choose not to continue the agreement. Prepared by: Submitted by: JM'fies Campbel , Senior fanner David Lepo, Pla ni Director ATTACHMENTS 1. Amendment to Professional Services Agreement 2. Scope of Services and Fee Schedule Attachment 1 AMENDMENT NO. 1 TO D.B. NEISH, INC. FOR PLANNING, CONSULTING AND ADVOCACY SERVICES FOR THE LOCAL COASTAL PROGRAM THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 10th day of December , 2008, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City"), and D. B. NEISH, INC., a California Corporation, whose address is 101 Columbia, Suite 185, Aliso Viejo, CA 92656, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS: A. On December 10, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for planning, consulting and advocacy services for the Local Coastal Program, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to reflect to extend the term of the AGREEMENT to May 30. 2009. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. The term of the AGREEMENT shall be extended to May 30, 2009. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: In LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Lin Mayor for the City of Newport Beach CONSULTANT: IN (Corporate Officer) Print Name: (Financial Officer) Title: Print Name: Attachment 2 Scope of Services Provide consulting services to the City regarding the City's Local Coastal Program (LCP) certification project including assessing the best course of action with the pending City application (NPM - MAJ -1 -07) before the California Coastal Commission (CCC). This assessment must take into account anticipated future applications including planned amendments to the Coastal Land Use Plan (CLUP) and the anticipated CLUP Implementation Plan. Review existing certified CLUP, General Plan, relevant zoning documents and assess the adequacy of the City's pending application (NPM - MAJ- 1 -07). Participate as a member of the City LCP project team in the development of effective strategies to gain approval of the City's LCP certification project. Participation in weekly project coordination meetings and /or conference calls with City staff and /or elected /appointed officials and site visits in and around the City as directed by the City. Coordinate and assist City staff in the preparation of all necessary documents, exhibits or analysis in support of the City LCP certification effort. Assist in the preparation of any supplemental materials requested by the CCC or their Staff. Under direction and supervision of the City, act as a liaison between the California Coastal Commission and their staff and the City in developing LCP policies, regulations, conditions or terms deemed acceptable to the City. Under direction and supervision of the City, assist in scheduling and participate in meetings between the City LCP project team members and /or elected /appointed officials with CCC Staff and/or individual Coastal Commissioners throughout the LCP certification process. General advocacy on behalf of the City's LCP certification effort with CCC Staff and Coastal Commissioners. As deemed necessary by D.B. Neish, Inc. and the City, coordinate efforts to seek external political support (if deemed appropriate) for the expeditious review and processing of NPJ- MAJ -1 -07 and related City LCP certification efforts. Prepare a presentation for and represent the City at the hearing scheduled by the CCC on NPJ - MAJ -1 -07. Fee Schedule The City shall pay D.B. Neish, Inc. $10,000 per month with a negotiated reduced fee during months where there is limited work for services performed in accordance with the Scope of Work. City shall reimburse Consultant only for those costs or expenses specifically deemed necessary to carry out the scope of work approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved travel and associated expenses, reproduction charges, telephone and postage costs. Travel and associated expenses include but are not limited to airfare, hotel, rental car costs, mileage and parking. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. For single reimbursable expenses in excess of $250 and /or total monthly reimbursable expenses in excess of $1500, Consultant shall obtain written authorization from City prior to incurring the costs. Total reimbursable expenses shall not exceed eighteen - thousand dollars ($18,000).