HomeMy WebLinkAbout05 - CC-7 - Extension to Amendment to PSA with Mike - 7/5/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 5, 2011 ITEM NUMBER:
SUBJECT: EXTENSION TO THE AMENDMENT OF THE PROFESSIONAL SERVICES AGREEMENT
WITH MIKE BALLIET CONSULTING FOR THE ADMINISTRATION OF THE CITY'S
SOURCE REDUCTION AND RECYCLING ELEMENT
DATE: JUNE 23, 2011
FROM: PUBLIC SERVICES DEPARTMENT/ADMINISTRATION DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
FOR FURTHER INFORMATION CONTACT: PETER NAGHAVI AT 714-754-5343 OR ALMA REYES
AT 714-754-5024
RECOMMENDATION:
Approve an extension to the Amendment to Professional Services Agreement (Attachment
1) of the original Professional Services Agreement for the administration of the City's source
reduction and recycling element with Mike Balliet Consulting, for the period of July 1, 2011,
through September 30, 2011, with fees not to exceed $9,400 for fiscal year 2011-2012.
BACKGROUND:
The City of Costa Mesa entered into a Professional Services Agreement with Michael
Balliet to assist in the administration of the State's AB 939 requirements. For the past
18 years, Mr. Balliet has provided consistent quality services and the City has been in
compliance by meeting the 50 percent diversion rate for solid waste mandated by the
State of California.
The last formal Request for Proposals (RFP) was conducted in 2005 with an agreement
presented to City Council on June 7, 2005, authorizing the Public Services Director to
extend the Professional Services Agreement on July 1 of each fiscal year up to a
maximum of five (5) years if the contract adjustment was equal to or less than the
annual Consumer Price Index (CPI).
ANALYSIS:
Extending the current contract for another 90 days would allow for continued services
with no impact to the City's reduction and recycling programs, and end of the year AB
939 reporting. It is anticipated that the RFP process will take place in the next three
months for a contract effective October 2011.
Overall fees for Mike Balliet Consulting would remain the same as in the current
contract for fiscal year 2010-11, with not to exceed $9,400 for fiscal year 2011-2012.
1
ALTERNATIVES CONSIDERED:
Due to the timing and constraints of the current fiscal climate, no other alternatives were
considered.
FISCAL REVIEW:
The consultant's hourly rate of $85 per hour will remain the same. However, a monthly
$500 increase will be invoiced for the duration of the 90 -day extension. This increase is
due to additional tasks relating to the City's new construction and demolition tracking
system.
LEGAL REVIEW:
The attached Amendment to the Professional Services Agreement for the administration
of the City's Source Reduction and Recycling Element has been prepared by the City
Attorney's office and is approved as to form.
CONCLUSION:
Staff recommends a 90 -day extension agreement with Mike Balliet Consulting for the
administration of the City's Source Reduction and Recycling Element for the period
beginning July 1, 2011, and ending September 30, 2011, with fees not to exceed $9,400,
to be signed by the Public Services Director.
PETER NAGHAVI, DIRECTOR
Department of Public Services
LARRY HURST
Interim Finance Director
ALMA REYES
Management Analyst
DISTRIBUTION: Chief Executive Officer
Interim Asst. Chief Executive Officer
City Attorney
Interim Director of Finance
City Clerk
Staff
ATTACHMENTS: 1 - Amendment to Professional Services
7-5-11 Amendment to PSA for SRRE Report 6/20/11
ent
11:30 a.m.
K
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT, is made and entered into this July _, 2011, ("Effective Date"),
by and between the CITY OF COSTA MESA, a municipal corporation (the "City") and
MICHAEL BALLIET, a sole proprietor ("Consultant").
Recitals
WHEREAS, the City and Consultant entered into a professional Services Agreement
in July 1, 2005 (the "Agreement") for AB 939 compliance and waste hauler monitoring
programs; and
WHEREAS, the original proposal was for a term of one (1) year, including a
provision for five (5) additional one (1) year extensions at City's option, which was approved
by City Council at their meeting of June 7, 2005; and
WHEREAS, the term of the original Agreement expired on June 30, 2006; and
WHEREAS, the Agreement has been extended five times, with the current extension
expiring on June 30, 2011; and
WHEREAS, City and Consultant wish to amend the termination date of the final
extension.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged; the parties hereby amend the Agreement as follows:
1. Paragraph 4.1 is hereby amended and replaced as follows:
This Agreement shall continue in effect until September 30, 2011, unless
previously terminated as provided herein or as otherwise agreed to in writing by
the parties.
2. All other provisions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above written.
[SIGNATURES FOLLOW ON NEXT PAGE]
CITY OF COSTA MESA,
A municipal corporation
Public Services Director Date
MICHAEL BALLIET
Michael Balliet, Owner Date
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Date
Project Manager Date
APPROVED AS TO FORM:
City Attorney Date