Agenda Item B.3 CONSENT CALENDAR Meeting Date: June 9, 2015

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1 CPMS Agenda Item B.3 CONSENT CALENDAR Meeting Date: June 9, 2015 TO: FROM: Mayor and Councilmembers Jennifer Carman, Director of Planning & Environmental Review CONTACT: Anne Wells, Advance Planning Manager SUBJECT: Amendment No. 4 to an Agreement for Professional Services with Andrew Newkirk RECOMMENDATION: Authorize the City Manager to execute Amendment No. 4 to Agreement No for Professional Services with Andrew Newkirk in the amount of $61,000 for a total notto-exceed contract amount of $215,500 and extending the Agreement through December 31, 2015 (Attachment 1). BACKGROUND: In October 2013, the City Manager authorized a professional services agreement with Andrew Newkirk to support Advance Planning programs, including implementation of General Plan policies and assistance with preparation of long-range planning documents, public outreach support, climate action plan studies, and general research. The contract was funded in the Advance Planning Professional Services budget and has been amended on March 18, 2013, July 14, 2014, and February 17, 2015 to include Housing Element, New Zoning Ordinance, and Local Coastal Program support services. Including all amendments, the contract totals $154,500 with a June 30, 2015 termination date. The amendments enabled Mr. Newkirk to support staff with expanded public outreach and analysis related to the New Zoning Ordinance Project, provide an extensive inventory of the City's existing land use standards for comparison with the New Zoning Ordinance Project, and assist with the preparation of the now adopted and statecertified Housing Element and related regulations. Mr. Newkirk has provided project assistance to the City at a rate of approximately 20 to 25 hours a week since October 2013 and staff is pleased with his performance. 1

2 Meeting Date: June 9, 2015 DISCUSSION: The Advance Planning Division currently is undertaking two complex planning projects, the preparation of the New Zoning Ordinance and Local Coastal Program, in addition to the Division's other ongoing responsibilities. As a result, staffing needs in Advance Planning are high. In order to respond to these demands and to ensure that some of the City's important planning projects move forward with expanded public outreach, staff is requesting this fourth funding amendment to the contract with Mr. Newkirk. If authorized, Mr. Newkirk will provide expanded support at approximately 30 hours a week to the Advance Planning Manager, and will largely focus his attention on assisting with development of the New Zoning Ordinance and Local Coastal Program including extensive public outreach for both projects as well as assisting with the review of local planning projects outside the City's jurisdiction. FISCAL IMPACTS: The two-year FY and FY Budget includes a $61,000 encumbrance in the Advance Planning Professional Services - General Plan Fund ( ) for General Plan consulting and technical services. Therefore, no additional appropriation is required to fund the proposed contract amendment. ALTERNATIVES: The City Council could elect not to authorize the recommended action. If the recommended action is not authorized, staff will monitor and manage services according to existing contract terms; however, managing existing resources to address the expanding services provided in Advance Planning will cause delays in developing and/or implementing the programs and services provided by the Division. Legal Review By: 1~/A TimW. Giles City Attorney Approved By: ATTACHMENTS: 1. Amendment No. 4 to Professional Services Agreement No Page 2 of 2 2

3 Attachment 1 Amendment No. 4 to Professional Services Agreement No

4 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GOLETA AND ANDREW NEWKIRK This Amendment No. 4 ( Amendment ) to Professional Services Agreement between the City of Goleta (City) and Andrew Newkirk (Consultant) dated October 21, 2013 (Agreement) is made this 9 th day of June, RECITALS WHEREAS, the Agreement between City and Consultant currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed one-hundred fifty-four thousand five hundred dollars ($154,500); and WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of sixty-one thousand dollars ($61,000) for continued advance planning project support; and WHEREAS, the Agreement between City and Consultant currently provides in Section 6 for the termination of agreement on June 30, 2015; and WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the agreement to December 31, 2015, based on the need to provide continued advance planning project support; and WHEREAS, the City Council, on this 19 th day of May 2015, approved this Contract Amendment and authorized the City Manager to execute this Contract Amendment per the Goleta Municipal Code Section AMENDED TERMS Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows: 1. Section 3 Subsection (a). COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $61,000 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 $215,500 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis: Hourly at the hourly rate of $95 shall be binding upon CONSULTANT until June 30, 2015, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager (CITY is to be given 60 days notice of any rate increase 4

5 request), provided the not to exceed amount is the total compensation due CONSUL TANT for all work described under this AGREEMENT. 2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for the Agreement and to read in its entirety: The term of this AGREEMENT is from the date first written above to December 31, 2015, unless term of this AGREEMENT is extended or the AGREEMENT is terminated as provided for herein. 3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect. In witness whereof, this Amendment No.4 has been executed by the parties effective on the date and year first written above. CITY OF GOLETA CONSULTANT Michelle Greene, City Manager Andrew Newkirk ATTEST: Deborah S. Lopez, City Clerk APPROVED AS TO FORM 7P:dh Tihi W. Giles, City Attorney City of Goleta Amendment No.4 for Agreement# with Andrew Newkirk Page 2 of 2 5