CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

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1 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 8.9 AGENDA TITLE: Adopt resolution authorizing the City Manager to execute an assumption agreement and contract amendment with Michael Baker International (formerly Pacific Municipal Consultants - PMC ) for Planning Services, exercising a one-year extension option. MEETING DATE: April 27, 2016 PREPARED BY: DEPARTMENT HEAD: Darren Wilson, PE, Development Services Director Jason Behrmann, Assistant City Manager RECOMMENDED ACTION: Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an assumption agreement and contract amendment with Michael Baker International (formerly Pacific Municipal Consultants PMC ) for Planning Services, exercising a one-year extension option. BACKGROUND INFORMATION: On May 25, 2011, the City entered into a Contract with PMC to provide planning services for the Development Services Department (formerly Planning Department). The original Contract was set to expire on May 25, 2014 and included three one year extension options. On November 13, 2013, and May 13, 2015, the City Council authorized the City Manager to exercise the first two one-year extension options on the Contract (known as First and Second Amendments). Additionally, on December 31, 2015, PMC merged with and into Michael Baker International (MBI). Pursuant to said merger, MBI assumed all rights, privileges, obligations, and liabilities of PMC, including the operations pertaining to the services covered under the Contract. As a result of this transaction, as a matter of law, PMC assigned the Contract to MBI. 1

2 Elk Grove City Council April 27, 2016 Page 2 of 2 The current term of the Contract as approved with the Second Amendment is set to expire on May 25, 2016, unless both parties agree to exercise a provision of the Contract which allows for a final, one-year extension of the Contract. Staff believes that MBI has performed under the terms of the Contract and recommends that the third and final one-year extension be granted. If approved, the new Contract expiration date will be May 25, In addition to this contract extension, staff has begun the process to solicit new contract proposals. Staff s goal is to align the timing for all of the Development Services contracts. Respondents to the upcoming Request for Proposals (RFP) would have the option of proposing service for all three Development Services functions (Planning, Development Engineering, and Building), or any combination thereof. Staff anticipates releasing the RFP in June in order to have the new contract(s) in effect by early November. Any existing contracts, such as this one, still in effect at that time would be terminated in accordance with the contract s early termination provisions. ANALYSIS: Staff recommends only an assumption of the PMC contract by MBI and a one-year extension to the contract. Staff is proposing no other changes to the terms of the contract. FISCAL IMPACT: The services provided are included in the Fiscal Year Budget for the Development Services Department, and are funded from a variety of sources including the City s General Fund and developer deposits/fixed fees. There are no direct and quantifiable budget impacts by reason of this amendment. ATTACHMENTS: 1. Resolution 2. Amendment No. 3 to PMC (Now Michael Baker) Contract 3. Michael Baker Assumption Agreement and original contract (C ) with First and Second Amendments 2

3 ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSUMPTION AGREEMENT AND CONTRACT AMENDMENT WITH MICHAEL BAKER INTERNATIONAL (FORMERLY PACIFIC MUNICIPAL CONSULTANTS - PMC ) EXERCISING A ONE-YEAR EXTENSION OPTION WHEREAS, on May 25, 2011, the City entered into a contract (Contract) with Pacific Municipal Consultants (PMC) to perform professional and general planning services for the Development Services Department (formerly Planning Department) for a period of three years with three, one-year extension options; and WHEREAS, on May 13, 2015, City Council authorized a one-year extension option, extending the term of the Contract to May 25, 2016; and WHEREAS, On December 31, 2015, PMC merged with and into Michael Baker International (MBI), which then MBI assumed all rights, privileges, obligations, and liabilities of PMC, including the operations pertaining to the services covered under the Contract. As a result of this transaction, PMC assigned as a matter of law the Contract to MBI; and and WHEREAS, the City and PMC have agreed to MBI s assumption of the Contract; WHEREAS, MBI has performed required services admirably and to the satisfaction of the City and its customers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby authorizes the City Manager to execute an Assumption Agreement, recognizing the assumption of services originally contracted with Pacific Municipal Consultants (PMC) by Michael Baker International; and BE IT FURTHER RESOLVED that the City Council of the City of Elk Grove hereby authorizes the City Manager to exercise a one-year extension option and execute a contract amendment with Michael Baker International for Planning Services with an expiration date of May 25, PASSED AND ADOPTED by the City Council of the City of Elk Grove this 27 th day of April, GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY 3

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