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Staff Report Town Manager AuthorityPREPARED BY: JANETTE JUDD Executive Assistant to the Town Manager Reviewed by: N/A Assistant Town Manager Town Attorney Finance N:\SHARE\COUNCIL REPORTS\2016\08-02-16\06 Town Manager Authority\Staff Report - Town Manager Authority.doc MEETING DATE: 08/02/16 ITEM NO: 6 COUNCIL AGENDA REPORT DATE: JULY 19, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ACCEPT REPORT ON TOWN MANAGER APPROVED ACTIONS DURING COUNCIL RECESS RECOMMENDATION: Accept report of actions taken by Town Manager during the official Town Council legislative recess from June 22, 2016 to August 1, 2016. BACKGROUND: On July 1, 2002, the Town Council adopted a Resolution (Attachment 1) authorizing the Town Manager to execute the following duties during periods of official Town Council recess, in consultation with the Mayor: 1. Approval of plans and specifications for capital projects and authorization to advertise for bids. 2. Award of construction contracts and construction contract change orders in excess of the amount included in the contingency. 3. Execution of agreements and amendments to agreements in excess of $50,000 that ordinarily require Town Council approval. DISCUSSION: The Town Council took an official legislative recess from June 22, 2016 to August 1, 2016. During this recess, and pursuant to authority granted by the Town Council, the Town Manager executed the following actions, in consultation with the Mayor: 1. Landscape Maintenance ProjectA14-03 Second Amendment to Agreement with TruGreen Landcare (Parks and Public Works Department Memorandum, Attachment 2) PAGE 2 MAYOR AND TOWN COUNCIL JULY 19, 2016 SUBJECT: ACCEPT REPORT ON TOWN MANAGER APPROVED ACTIONS DURING COUNCIL RECESS DISCUSSION (Cont’d): 2. Plan Check Consulting Services Second Amendment to Agreement with O’Brien Code Consulting, Inc. (Community Development Department Memorandum, Attachment 3) The Town Manager determined that immediate action on the above items was necessary in order to maintain critical services. The items above have already been approved by the Town Manager, and the Council may request additional information or provide additional direction regarding these items. CONCLUSION: It is recommended that the Town Council accept this report of actions taken by the Town Manager during the 2016 Council recess, as authorized by Town Council Resolution 2002-119. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is no fiscal impact associated with this action. Attachments: 1. Resolution 2002-119 2. Parks and Public Works Department Memorandum (TruGreen Landcare) 3. Community Development Department Memorandum (O’Brien Consulting, Inc.) RESOLUTION 2002 -119 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FOLLOWING DUTIES DURING PERIODS OF OFFICIAL TOWN COUNCIL RECESS, IN CONSULTATION WITH THE MAYOR: APPROVAL OF PLANS AND SPECIFICATIONS FOR CAPITAL PROJECTS AND AUTHORIZATION TO ADVERTISE FOR BIDS; AWARD OF CONSTRUCTION CONTRACTS AND CONSTRUCTION CONTRACT CHANGE ORDERS IN EXCESS OF THE AMOUNT INCLUDED IN THE CONTINGENCY; EXECUTION OF AGREEMENTS AND AMENDMENTS TO AGREEMENTS IN EXCESS OF $25,000 THAT ORDINARILY REQUIRE COUNCIL APPROVAL. WHEREAS, the Town Council is taking an official legislative recess from July 16, 2002 to September 2, 2002 and, WHEREAS, the Town Council may take official legislative recesses in the future and, WHEREAS, it is possible that issues may arise during official Town Council recesses that would normally require Council approval and, WHEREAS, in order to avoid the possibility of critical scheduling delays or increased expenses resulting from delays during the official Council recess, the Town Manager should be authorized during official Council recesses to take certain actions, in consultation with the Mayor. ATTACHMENT 1 THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, that the Town Manager is authorized, in consultation with the Mayor, during periods of official Town Council recesses, to: 1. Approve plans and specifications for capital projects and authorize staff to advertise for bids. 2. Award construction contracts and construction contract change orders in excess of the amount included in the contingency. 3. Execute agreements and amendments to agreements in excess of $25,000 that ordinarily require Council approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the Is` day of July, 2002 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None AB SENT: None ABSTAIN: None SIGNED: 4;) MAYOR OF �►�i TOWNr LOS GATOS LOS GATOS, CALIFO' �P A ATTEST: 63°, ' ( CLERK OF THE TOWN OF-LOS GATOS LOS GATOS, CALIFORNIA 2 MEMORANDUM To: Laurel Prev From: Matt Morley, Parks and Public Works Director Subject: Manager Authority - Second Amendment to Agreement with TruGreen Landcare Date: July 19, 2016 Parks and Public Works Departmenil t etti, Town Manager MAYOR REVIEW RECOMMENDATION: It is recommended that the Town Manager execute a second amendment to an agreement dated June 24, 2014 with TruGreen Landcare for the period of July 1, 2016 through June 30, 2017 with all other terms and conditions of the Agreement dated June 24, 2014 in full force and effect including pay rate of $73,364 annually. BACKGROUND: In 2014, the Town entered into a one year agreement with TruGreen to provide landscape maintenance services in Town parks, median islands, and Landscape and Lighting Districts at a cost of $73,364. Interim Town Manager Les White signed a first amendment to the agreement to extend services for an additional year through June 30, 2016 at the same annual cost of $73,364. DISCUSSION: TruGreen has provided quality landscaping services at a competitive price as determined through a competitive bidding process that went to Council for approval on June 16, 2014. At that time, the Town's practice was not to include the draft agreements to the Council. As a result, the Council did not have the opportunity to see provision 2.2 Term and Time of Performance which included "an option of extending the agreement up to two additional one-year periods provided that the Town provides an annual written notice of the intent to extend the agreement". PREPARED BY: MATT MORLEY Director, Parks and Public Works Depai tnient Reviewed by: N/A Assistant Town Manager Finance Town Attorney N:\MGR\AdminWorkFiles12016 Council Reports - TMO staff\TM Authority Memos 2016\TM Authority Memo.PPW.TruGr ATTACHMENT 2 MEMORANDUM Community Development Departm To: Laurel Prevetti, Town Manager Lt MAYOR REVIEW From: Joel Paulson, Community Development Director Subject: Manager Authority - Second Amendment to Agreement for Consultant Services with O'Brien Code Consulting, Inc. Date: July 19, 2016 RECOMMENDATION: It is recommended that the Town Manager execute a second amendment to an agreement dated July 1, 2011 with O'Brien Code Consulting, Inc. for the period of July 1, 2016 through September 30, 2016 with all other terms and conditions, including pay rate, of the Agreement dated July 1, 2011 in full force and effect. BACKGROUND: In 2011, the Town entered into a three year agreement with O'Brien Code Consulting, Inc. to provide plan check consulting services to the Town. Former Town Manager Greg Larson signed a first amendment to the agreement, which extended services for an additional two years through June 30, 2016. DISCUSSION: O'Brien Code Consulting, Inc. has provided quality consulting services and meets the Town's building plan check deadlines for residents and businesses seeking building permits. A three- month extension provides for service delivery while the Request for Qualifications process is completed. The submittals for the RFQ were due on July 8, 2016 and the Town should be able to complete the evaluation of the submittals in the next few weeks. Upon the determination of the most qualified consultant, staff will negotiate a draft agreement and bring it forward for Council approval in late Summer/early Fall. Therefore, the second amendment serves as a bridge to ensure seamless services to residents and businesses requiring building permits. PREPARED BY: JOEL PAULSON Director, Community Development Department 111 Reviewed by: N/A Assistant Town Manager Finance Town Attorney N:\MGR\AdminWorkFiles\2016 Council Reports - TMO staff\TM Authority Memos 2016\TM Authority Memo.CDD.O'Brier . ATTACHMENT 3