HomeMy WebLinkAbout08 - CC-8 - Kimley-Horn and Associates Professional - 11/15/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: November 15, 2016 ITEM NUMBER: CC -8
SUBJECT: KIMLEY-HORN AND ASSOCIATES PROFESSIONAL SERVICES CONTRACT
AMENDMENT
DATE: NOVEMBER 3, 2016
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FOR FURTHER INFORMATION CONTACT: ASHLEY M. GARCIA AT (714) 754-5249
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve Amendment Two to the existing Professional Services Agreement
(Attachment 2) with Kimley-Horn and Associates to perform community
improvement consulting services in an additional amount not to exceed
$250,000 and extend the term of the agreement through June 30, 2017; and
2. Authorize the CEO and City Clerk to execute the agreement; and
3. Authorize the CEO and City Clerk to accept and execute future amendments to
the agreement.
BACKGROUND:
On October 18, 2015, the City of Costa Mesa issued a request for proposal for a Planning
Consultant to work under the direction of the Development Services Director to plan,
organize, direct, review, and coordinate the work of the Community Improvement
Division within the Development Services Department; to assist in the coordination,
implementation and monitoring of community improvement programs; to report to
management, governing bodies and community groups; and to do other work as
required. Current ongoing programs include the Group Home Enforcement Program,
Hotel/Motel Enforcement Program, and Neighborhood Stabilization Program.
In May 2016, the City entered into a Professional Services Agreement (PSA) with
Kimley-Horn and Associates to retain Ms. Sherri Vander Dussen to provide community
improvement consulting services. In July 2016, Amendment One to the PSA was
approved by City Council to add funds and further define the scope to include the duties
and responsibilities of the Interim Assistant Director of Community Improvement
Programs in Development Services. Ms. Vander Dussen continues to oversee the City's
activities regarding group homes and is instrumental in processing all conditional use
permits, special use permits and related appeals for group homes, including
preparation of notices, staff reports, presentations, and resolutions. This work requires
additional hours for preparation and attendance at public hearings for all CUPs and
appeals to make presentations and respond to questions from the Planning
Commission and City Council.
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Due to the increase in expected hours to complete these tasks, the amount allocated to
the current contract is set to run out soon. In order to fund the rest of the term, we are
asking for the Council to authorize $250,000 of additional funds. Extending the PSA will
allow the City to address the workload in the Development Services Department while
searching for a permanent replacement for the Assistant Director position.
ANALYSIS:
Key components of the Interim Assistant Director's scope of work include the supervision
and preparation of a variety of comprehensive plans, complex research studies, statistics,
and reports for written and verbal presentation necessary for Planning Commission
hearings of CUP application requests and appeals of Reasonable Accommodation
determinations.
Additional components of the Interim Director's scope of work include:
Community Improvement Division
• Oversee City's activities regarding group homes
• Process all conditional use permits and special use permits and related
appeals filed for group homes, including preparation of notices, staff
reports, presentations, and resolutions
• Attend public hearings for all CUPs and appeals; make presentations and
respond to questions from the Commission and Council
• Draft responses for Director's signature regarding applications for
reasonable accommodation and denial of special use permits
• Identify desired organizational structure
• Oversee handling of personnel issues
• Prepare appropriate division policies and procedures
Building Division
• Determine appropriate staffing levels and contingency plans to deal with
workload peaks
• Assist the City in recruiting a Building Official and possibly an Assistant
Building Official
• Arrange for assistance from contract inspectors as needed to address
workload
• Implement a pilot program to allow field inspectors to FaceTime with
support staff in office to resolve issues on job sites
• Review existing contracts with plan check firms to ensure financial and
business terms are solid
• Oversee preparation of appropriate division policies and procedures
• Present Code adoption to City Council
Planning Division
• Provide support as requested in the development of systems, procedures
and policies
Help process development cases if needed
Based on current staffing needs, workload, and increase in projects, staff believes that
planning consultant assistance is essential to functions of the Development Services
Department. The City intends to fill the role of Assistant Director of Community
Improvement Programs with a full-time staff person. Attached is Amendment Two to the
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Professional Services Agreement (PSA) with Kimley-Horn for Ms. Vander Dussen to
continue to carry out the duties and responsibilities of interim Assistant Development
Services Director and for additional staff support until the permanent position is filled.
ALTERNATIVES CONSIDERED:
The alternative to the proposed City Council action would be to not move forward with
the contract for the stated community improvement consulting. Due to the volume of
work and large number of projects currently being handled by the Community
Improvement Division, a significant lack of supervision/implementation of current
projects would be experienced.
FISCAL REVIEW:
Funding for this amendment is to come from the remainder of salary savings from the
vacant Assistant Director of Community Improvement Programs position and the balance
from city-wide salary savings.
LEGAL REVIEW:
The City Attorney's Office has reviewed the attached Professional Services Agreement
Amendment and approved it as to form.
CONCLUSION:
Staff recommends that the City Council authorize the CEO to execute an amendment to
the Professional Services Agreement with Kimley-Horn and Associates to perform
community improvement consulting services and for the CEO to augment the scope of
work as necessary, in an amount not to exceed $250,000.
ASHLEY M. GARCIA
Management Analyst
THOMAS R. HATCH
Chief Executive Officer
THOMAS DUARTE STEPHEN DUNIVENT
City Attorney Interim Finance Director
ATTACHMENTS: 1 Amendment number two to Professional Services
Aareement with Kimlev-Horn and Associates
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ATTACHMENT 1
AMENDMENT NUMBER TWO
TO PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC.
This Amendment is made and entered into this 15th day of November, 2016 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation registered to do business
in California ("Consultant").
WHEREAS, City and Consultant entered into an agreement on April 22, 2016 for
Consultant to provide community improvement consulting services (the "Agreement"); and
WHEREAS, City and Consultant desire to extend the initial term through June 30, 2017;
and
WHEREAS, City and Consultant also desire to amend the Scope of Services to include
the additional services set forth in Exhibit 'A" attached hereto and incorporated herein by this
reference; and
WHEREAS, City desires to increase Consultant's maximum compensation accordingly to
Four Hundred Forty -Nine Thousand Nine Hundred Ninety -Nine Dollars ($499,999.00).
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
The term of the Agreement shall be extended through June 30, 2017.
2. Section 2.1 of the Agreement shall be amended to reflect that Consultant's total
compensation shall not exceed Four Hundred Forty -Nine Thousand Nine Hundred Ninety -
Nine Dollars ($499,999.00). Consultant shall be paid according to the fee schedule set
forth in the Agreement and Exhibit A of this Amendment.
3. The Scope of Services shall be amended to include the additional services set
forth in Exhibit A.
4. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
5. All other terms, conditions, and provisions of the Agreement shall remain in full
force and effect.
[Signatures on following page.]
Kimley-Horn Amendment Two
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by and through their respective authorized officers, as of the date first written above.
CITY OF COSTA MESA
APPROVED AS TO PURCHASING:
Date:
Interim Finance Director
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Kimley-Horn Amendment Two
Date:
Chief Executive Officer
CONSULTANT
Date:
Signature
Name and Title
Taxpayer ID Number
ATTEST:
City Clerk
APPROVED AS TO FORM:
Date:
City Attorney
DEPARTMENTALAPPROVAL
Date:
Assistant Chief Executive Officer
APPROVED AS TO PURCHASING:
Date:
Interim Finance Director
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Kimley-Horn Amendment Two
EXHIBIT A
ADDITIONAL SERVICES
Kimley-Horn Amendment Two