Agenda Item No. 07
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of Community Development/City Planner/p--, FOR: City Council Meeting of August 12, 2024
SUBJECT: Contract Amendment No. 1 - On -call Professional Environmental Review Services for Private Development Projects
RECOMMENDATION:
That the City Council authorize the City Manager to execute Contract Amendment No. 1 with CASC increasing their prior FY2022/2023 and FY2023/2024 contract by $19,474 for a revised total of $94,474 for providing on -call Professional Environmental Review Services for Private Development Projects.
BACKGROUND/DISCUSSION:
The California Environmental Quality Act (CEQA) is a law that was established in the early 1970s to document and disclose project -related impacts to the environment during the decision -making process. All discretionary projects undertaken by the City, including the approvals of private land development projects, are subject to the CEQA review process. Many smaller scale discretionary projects will qualify for an exemption from CEQA, which limits the total necessary review; however, many larger projects may require the preparation of Initial Studies (IS) and/or Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), or Environmental Impact Reports (EIRs), along with supporting environmental technical studies, to provide the substantial evidence for the project's approval.
The environmental review process is a core element for the approval process for private land development projects, and the environmental -related impacts are often the key issues that surrounding residents and decision makers have regarding those projects. To support the analysis, the City uses on -call environmental services to provide the required reviews for private development projects. As a result of a competitive proposal process, the City Council awarded contracts to CASC, Placeworks, Rincon, and Dudek to provide these on -call services for FY2022/2023 and FY2023/2024.
CASC had executed a contract of $75,000. However, one of the projects they were supporting required additional analysis for tribal resource investigation, that resulted in an exceedance of their contract by $19,474. Private development projects that necessitate the preparation of environmental review documents to meet the requirements of CEQA are processed through a deposit account, where the project applicant bears the total processing costs of completing the review process for a project. The additional scope had been approved by their applicant, and the City has already received the necessary funding from the applicant needed to cover the additional
analysis required for their project. The proposed contract amendment is therefore proposed to allow the City to pay CASC for this analysis.
FISCAL IMPACT:
There is no fiscal impact to the General Fund because of the recommendation.
Attachments:
1) Contract Amendment No 1 - CASC
Approved by:
ATTACHMENT 1
Docusign Envelope ID: D72AF7C1-B264-46C7-99D4-CO5BDEC77AC7
AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
CASC A CALIFORNIA CORPORATION ("CONSULTANT")
DATED: AUGUST 8, 2022
CITY OF
Docusign Envelope ID: D72AF7C1-B26446C7-99D4-005BDEC77AC7 AMENDMENT To AGREEMENT
This Amendment is to the Professional Services Agreement Providing Professional Environmental Services for the Public and Private Development Projects is made and entered into as of this 121h day of August 2024, by and between the City of Yucaipa ("City"), a California municipal corporation and CASC, a California Corporation ("Consultant"). City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City and Consultant entered into an agreement entitled "Professional Services Agreement" dated August 8, 2022 ("Agreement") for the purpose of retaining services of consultant to provide Professional Environmental Services for the Private and Development Projects to the City of Yucaipa.
B. Pursuant to Section 3 of the Agreement, the Parties desire to amend the Agreement to increase the maximum compensation amount from $75,000.00 to $94,474.00.
C. Section 3 (a) of the Amended Agreement provides that the Compensation shall not exceed $75,000.00.
D. This Amendment amends Section 3 (a) to provide that the Compensation shall not exceed $94,474.00.
E. The term of this agreement shall be extended through June 30, 2024.
Page I 1
Docusign Envelope ID: D72AF7C1-B264-46C7-99D4-005BDEC77AC7
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [COMPENSATION] Section 3 (a) of the Agreement is hereby amended to increase the Not to Exceed Amount to $94,474.00.
2. TERM OF AGREEMENT. The terms of this agreement shall be extended through June 30, 2024.
3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4. INTEGRATION. This Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.
7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment.
SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: D72AF7C1-B264-46C7-99D4-005BDEC77AC7 The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Yucaipa,
a Ca ' uj�adWunicipal corporation
By:
7/25/2024
Name: Fermin Preciado
Title: Director of Development Services/City
Engineer
F II AVAILABLE:
JPll,t�,( OJL{L 7/25/2024
By: P
Name: Phillip White
Title: Director of Finance
By:
Name: Chris Mann
Title: City Manager
ATTEST:
By:
Name: Ana Sauseda, MMC
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Steven Graham
Title: City Attorney
Cons Signed by:
"rl�td By: 5 ;;441 7/25/2024
Name: Richard J. Sidor
Title: President/CFO