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HomeMy WebLinkAbout2011-06-06_cityofsanrafael_114d508f64f27d9d51f41c227789cc5fAgenda Item No: 5 Meeting Date: June 6, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: MANAGEMENT SERVICES Prepared by: Approved by: Z� Stephanie Lo ette, Acting Economic Director N SUBJECT: Resolution Authorizing Assistant City Manager to Amend the Existing Contract with HF and H Consultants, LLC to an Amount Not to Exceed $75,000 RECOMMENDATION:. Adopt Resolution. BACKGROUND: A number of local agencies within Marin County have franchise agreements with Marin Sanitary Service (MSS) to provide refuse collection and recycling services to residential and commercial customers. The agencies under contract with MSS include the cities of San Rafael and Larkspur, the Towns of Fairfax, Ross and San Anselmo, the unincorporated Ross Valley, the Las Gallinas Sanitary District and the County of Marin. San Rafael, Larkspur, Ross, the County, Ross Valley Sanitary District South and Las Gallinas Sanitary District have formed a Franchisors Group and developed a jointly sponsored program designed to conduct routine reviews of Marin Sanitary's operating efficiencies and expenses. The annual rate review generally starts in the summer and culminates with the rate hearings in January -February of the following year. The Franchisors Group chooses the consultant for the rate review and San Rafael provides the contract administration. The cost for the contract is passed through to MSS. ANALYSIS: The rate review for the 2011 rates was performed by HF&H Consultants ("HFH") pursuant to a $60,000 contract approved by San Rafael on August 16, 2010. HFH has requested an additional $15,000 to be added to the 2010 contract. The proposed contract amendment is for additional City -Town Council meetings and analysis requested by Council members at those meetings. The additional $15,000 will be paid by MSS and absorbed into the MSS operating expenses for the localities that requested the additional meetings and services. FISCAL IMPACT: The total cost of the contract will be a not to exceed amount of $75,000; $60,000 for the initial contract and $15,000 for the amendment. The cost for this contract is passed through to MSS and is not an expenditure of either the City of San Rafael or the other Franchisors. All participating agencies have received a copy if this agreement and are aware of the scope of work and project costs. The contract payments are absorbed into MSS operating expenses which are the basis for the annual refuse collection rates. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ACTION REQUIRED: Accept the report and adopt the resolution as presented. ATTACHMENT: Attachment A, Amendment to Agreement RESOLUTION NO. RESOLUTION AUTHORIZING ASSISTANT CITY MANAGER TO AMEND THE EXISTING CONTRACT WITH HF AND H CONSULTANTS, LLC TO AN AMOUNT NOT TO EXCEED $75,000 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The ASSISTANT CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an amendment to an existing contract dated August 19, 2010 with HF& H Consultants for Refuse Rate Review of Marin Sanitary Service's Rate Application for the 2011 calendar year. The compensation will be increased from a not to exceed amount of $60,000 to a not to exceed amount of $75,000. I, ESTHER C. BEIRNE, Cleric of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on,Monday the sixth day of June, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk AMENDMENT TO AGREEMENT BETWEEN CITY OF SAN RAFAEL AND HF AND H CONSULTANTS, LLC THIS AMENDMENT TO AGREEMENT is entered into this day of , 2011, by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and HF and H CONSULTANTS, LLC (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City of Larkspur, the Town of Ross, the County of Marin, the Las Gallinas Sanitary District, and the CITY (collectively, the "Franchisors Group") have similar franchise agreements with Marin Sanitary Services; and have utilized a jointly sponsored program to conduct reviews of Marin Sanitary Services operations and expenses pursuant to their respective Franchise Agreements; and WHEREAS, CITY, on behalf of the Franchisors Group, entered into an Agreement with CONTRACTOR dated August 19, 2010 (hereinafter "AGREEMENT") to conduct such a review; and WHEREAS, CITY and CONTRACTOR desire to amend the AGREEMENT. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. The AGREEMENT shall be amended to increase by $15,000 the total compensation agreed to therein on August 19, 2010, by amending Section 4 of the AGREEMENT to read in its entirety as follows: Section 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an amount NOT to exceed $75,000, including the cost of local business license taxes as described in Section 20. 2. Except as provided herein, all other provisions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR to Jim Schutz Assistant City Manager Name: Title: ATTACHMENT A ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney