Agenda Item B.11
CPMS CONSENT CALENDAR
Meeting Date: November 15, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: George Thomson, Parks and Open Space Manager
SUBJECT: Amendment No. 2 to Professional Services Agreement 2019-024 with John Storrer dba Storrer Environmental Services for Contract Biologist services
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement 2019-024 with John Storrer dba Storrer Environmental Services for Contract Biologist services, increasing the contract authority by $ 30,000 for a new total contract amount of $74,900, and extending the agreement termination date to June 30, 2024.
BACKGROUND:
On March 7, 2022, the City of Goleta (City) executed a $44,9 00 professional services agreement with John Storrer dba Storrer Environmental Services (Storrer) for a contract biologist. This is a critical role that supports ongoing City operations and programs in the Public Works Department. A contract biologist provides a lead role in detecting and monitoring sensitive wildlife while ongoing maintenance operations or special projects are implemented. Representative work includes monitoring tree trimming or removals, wetland vegetation management in Lake Los Carneros to comply with State directives for dam management, and annual defensible space mowing to help prevent wildfires.
Additional contract authority for the contract biologist professional services agreement is needed to advance key initiatives and projects, including maintenance of park and street trees. Public Works s taff recommend amending the existing agreement with Storrer as the contract biologist. Storrer has consistently demonstrated skill in detecting and identifying wildlife and assisting with ongoing operations in the Parks and Open Space Division.
DISCUSSION:
The amendment to the scope includes additional contract a uthority for the contract biologist to continue providing critical professional support services related to maintenance and management of over 500 acres of public parks and natural areas. The services by Storrer include pre-work surveys of areas scheduled for maintenance (e.g., 1 Meeting Date: November 15, 2022
nesting birds), monitoring of maintenance activities during implementation (e.g., tree trimming and removal), preparation of survey and inspection reports, and providing recommendations to avoid incidental impacts to plant and wildlife habitat.
FISCAL IMPACTS:
There are sufficient funds in the current adopted Fiscal Year budget to cover the proposed contract amendment. The following table summarizes the proposed funding sources:
Fiscal Year 22-23 Funding Sources
Fund
Type
GL
Account
Current
Budget
YTD Actuals/
Encumbrances
New
Contractual
Amount
Total
Remaining
Available
Budget
General
Fund
101-50-
5400-51200
$100,000 $41,720 $30,000 $58,280
Total $100,000 $41,720 $30,000 $58,280
ALTERNATIVES:
Per Municipal Code Section 3.05.080(D)(5), the Council may reject the proposal presented and use whatever method deemed appropriate, such as issuing a new Request for Proposals (RFP) or negotiating a contract. However, doing so could delay the services necessary to effectively manage the City’s parks and open spaces, comply with regulations, and respond to citizens requests in a timely manner. Issuing a new RFP for a contract biologist could result in delays of up to four months and may not produce any additional responsive and responsible proposals from consultants that are more qualified.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 2 to Professional Services Agreement 2019-024 with John Storrer dba Storrer Environmental Services for Contract Biologist Services
2. Amendment No. 1 to Professional Services Agreement 2019 -024 with Storrer Environmental Services for Contract Biologist Services
3. Storrer Environmental Services Agreement No. 2019 -024 Contract Biologist Services
2 ATTACHMENT 1
Amendment No. 2 to Professional Services Agreement 2019-024 with John Storrer dba Storrer Environmental Services for Contract Biologist Services 3 City of Goleta
Amendment No. 2 to Agreement No. 2019-024.2
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
JOHN STORRER dba
STORRER ENVIRONMENTAL SERVICES
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and JOHN STORRER dba STORRER ENVIRONMENTAL SERVICES (“Consultant”) dated March 15, 2019 (“Agreement,” Agreement No. 2019-024) is made on this 15th day of November, 2022.
SECTION A. RECITALS
1. T his Agreement is for the professional environmental monitoring services related to the City’s maintenance of its open space area; and
2. On March 7, 2022 Agreement was amended to provide for additional compensation in the amount of $15 ,000 for continued tasks (Amendment No.
1.) for a new not to exceed amount of $44,900 and the term of the agreement was extended to June 30, 2023; and
3. T he Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed $44,900; and
4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $30,000 for continued tasks; and
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2024; and
7. T he Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and
8. T he parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and
9. The City Council approved this Amendment No. 2, on this 15th day of November 2022.
DocuSign Envelope ID: 7A5FCA11-8D6B-43A9-914A-DFAE87AF0283 4 City of Goleta
Amendment No. 2 to Agreement No. 2019-024.2
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $30,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $74,900 (herein "not-to-exceed amount") and shall be earned as the work progresses.
(b) Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B -1," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.
The term of this Agreement is from the date first written above to Jun e 30, 2024, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B “Compensation” with Exhibit B-1 “Compensation” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 7A5FCA11-8D6B-43A9-914A-DFAE87AF0283 5 City of Goleta
Amendment No. 2 to Agreement No. 2019-024.2
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager John Storrer, Owner
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 7A5FCA11-8D6B-43A9-914A-DFAE87AF0283 6 City of Goleta
Amendment No. 2 to Agreement No. 2019-024.2
EXHIBIT B-1
SCHEDULE OF FEES
CLASSIFICATION HOURLY RATE
Principal Professional $140/hour
Senior Biologist/Botanist $120/hour
Staff Biologist $110/hour
Qualified SWPP Practitioner $120/hour
DocuSign Envelope ID: 7A5FCA11-8D6B-43A9-914A-DFAE87AF0283 7 ATTACHMENT 2
Amendment No. 1 to Professional Services Agreement 2019-024 with Storrer Environmental Services for Contract Biologist Services
8 Project Name: Environmental Monitoring the
Maintenance of Open Space Areas
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
JOHN STORRER dba
STORRER ENVIRONMENTAL SERVICES
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and JOHN STORRER dba STORRER ENVIRONMENTAL SERVICES (“Consultant”) dated March 15, 2019 (“Agreement,” Agreement No. 2019-024) is made on this _____ day of ___BBBBB, 2022.
SECTION A. RECITALS
1. This Agreement is for the professional environmental monitoring services related to the City’s maintenance of its open space area.
2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $29,900; and
3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $15,000 for continued tasks; and
4. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2022; and
5. The parties desire to amend the Agreement so as to extend the termination of the Agreement to JunH30, 2023; and
6. The Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and
7. The parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and
8. The City Manager approved this Amendment No. 1, on this _____ day of _________, 2022.
City of Goleta
Amendment No. 1 to Agreement No. 2019-024
9 City of Goleta
Amendment No. 1 to Agreement No. 2019-024
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $15,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $44,900 (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2023, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B “Compensation” with Exhibit B-1 “Compensation” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
10 City of Goleta
Amendment No. 1 to Agreement No. 2019-024
In concurrence and witness whereof, this Amendment No.1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager John Storrer, Owner
A T T E S T :
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
11 City of Goleta
Amendment No. 1 to Agreement No. 2019-024
EXHIBIT B-1
SCHEDULE OF FEES
CLASSIFICATION HOURLY RATE
Principal Professional $150/hour
Project Biologist/Botanist $120/hour
Qualified SWPP Practitioner $120/hour
Subcontracted Services Cost Plus 15%
12 ATTACHMENT 3
Storrer Environmental Services Agreement No. 2019-024for Contract Biologist Services 13 14
15 16
17 18
19 20
21 22
23 24
25