Resolution Approving a One (1) Year Contract Service Extension with Hansford Economic Consulting and Authorizing the City Manager to Extend the Agreement.

Meeting Date September 03, 2013

Agenda Item #5. Resolution Approving a One (1) Year Contract Service Extension with Hansford Economic Consulting and Authorizing the City Manager to Extend the Agreement.

STAFF REPORT

AGENDA ITEM: Resolution Approving a One (1) Year Contract Service Extension with Hansford Economic Consulting and Authorizing the City Manager to Extend the Agreement.

MEETING DATE: September 3, 2013

PREPARED BY: Odi Ortiz, Assistant City Manager/Finance Director

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2013- , authorizing the City Manager to execute a one (1) year contract service extension with Hansford Economic Consulting to provide professional utility rate study services.

BACKGROUND:

The City Council approved a one (1) year professional service agreement on April 17, 2012 with Hansford Economic Consulting to provide water, wastewater and solid waste utility rate studies. Original contract was signed on May 22, 2012 and has now expired. Consultant successfully completed the solid waste rate study in April or May 2013. Rate studies for water and sewer areas were postponed due to re­ organization of City functions and performing the Centralized Water Treatment Feasibility Study. Taking over the sewer plant functions from EMS took longer than anticipated. Management needed time to perform reviews and assessments on the conditions of the sewer plant to better reflect suggestions on rate study.

Originally, management and rate consultant anticipated reflecting results/recommendations from the feasibility study on the water rate analysis. This idea changed as final results on the feasibility study were disclosed in July or August of 2013. The feasibility study report outlines significant capital investment (capital outlay requirements) in order to implement Kennedy Jenks’ recommendation( s).

The City has decided to address some of Kennedy Jenks’ recommendations in a series of phases over the course of 5, 10 and up to 20 years. Management would like to move forward with water and sewer rate studies.

DISCUSSION:

Approval of a one ( 1) year Contract Service Extension with Hansford Economic Consulting to perform water and sewer utility rate studies.

FISCAL IMPACT:

Original authorized cost of $46,000 per Resolution 2012-30 (see exhibit B) remains the same. Service cost has been budgeted accordingly.

ATTACHMENTS:

I . Resolution No. 2013-

2. Proposed Professional Service Contract with Hansford Economic Consulting

2. Original Professional Service Contract with Hansford Economic Consulting (Exhibit A)

3. April 17, 2012 Adopted Resolution No. 2012-30 (Exhibit B)

RESOLUTION NO. 2013-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE (l)YEAR CONTRACT SERVICE EXTENSION WITH HANSFORD ECONOMIC CONSULTING

WHEREAS, The City of Livingston requested proposals from consultants to perform Water, Wastewater and Solid Waste Utility Studies, and Proposition 218 Balloting Services; and

WHEREAS, Proposals received were reviewed in January 2012; and

WHEREAS, On April 10, 2012, the Utility Stakeholders’ Committee conducted interviews and recommended Hansford Economic Consulting(HEC) to be considered by the City Council for award of the consultant contract; and

WHEREAS, City Council awarded Hansford Economic Consulting a one (1) year service contract on April 17, 2012 at a total fee of $46,000; and

WHEREAS, Hansford Economic Consulting’s contract expired on May 22, 2013; and

WHEREAS, Management is recommending a one (!) year contract extension to complete the water and wastewater utility rate studies; and

WHEREAS, the City wishes to approve a one (1) year contract extension with Hansford Economic Consulting; and

WHEREAS, the original City Council authorized fee of $46,000 remains in place to complete the water, wastewater and solid waste rate studies.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby approves a one ( 1) year contract extension in the form approved by the City Attorney with Hansford Economic Consulting to complete the water and wastewater rate studies.

Passed and adopted this 3rd day of September, 2013, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 3rd day of September, 2013.

Betty Cota, Deputy City Clerk of the City of Livingston

FIRST AMENDMENT TO THE CONSULTANT AGREEMENT

BETWEEN THE CITY OF LIVINGSTON AND HANSFORD ECONOMIC CONSULTING

This First Amendment to the Consultant Agreement ("Amendment") is made by and between the City of Livingston ("City") and Hansford Economic Consulting ("Consultant") as of

, 2013. City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS

WHEREAS, the Parties entered into a Consultant Agreement ("Agreement") dated May 22, 2012 for the purpose of providing ; and

WHEREAS, this Amendment will extend the Agreement for one additional year in order to have Consultant continue working on the water rate study and rate implementation. No additional funds need to be allocated as a result of this extension; and

WHEREAS, the Parties agree that changes to the term and services provided for in the Agreement are necessary in order for the City to continue receiving services by Consultant.

NOW, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The Parties agree to modify the end date of the Agreement from , to

. Section 3 of the Agreement, "Term and Time for Completion," shall be amended to read as follows:

"The Agreement shall become effective on the date first hereinabove written and will continue in effect until , 2014, unless sooner terminated as provided in Paragraph 9."

2. All other terms and conditions in the Agreement shall remain in full force and effect to the extent they are not in conflict with this Amendment.

3. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY OF LIVINGSTON CONSULTANT

Jose A. Ramirez, City Manager

Date: _

Attest:

Date: _

 , City Clerk Date:, _

Approved as to Form:

Jose M. Sanchez, City Attorney

Date:

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