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SR 03-06-2018 3B City Council Report City Council Meeting: March 6, 2018 Agenda Item: 3.B 1 of 2 To: Mayor and City Council From: Susan Cline, Director, Public Works, Office of Sustainability & the Environment Subject: Correct Contract Reference for Contract Modification with DNV-GL for Climate Action Plan Recommended Action Staff recommends that City Council: 1. Amend the authorization of November 28, 2017 Council action to authorize a First Modification of Agreement No. 10240 (CCS) with DNV-GL for additional services for the Climate Action & Adaptation Plan in the amount of $34,000 for a three-year amended agreement with a new total amount not to exceed $260,578 with future year funding contingent on Council budget approval. Discussion On January 26, 2016 (Attachment A), Council approved an agreement with DNV-GL, a Norway based company with offices in California, for an amount not to exceed $226,578 for professional services for the Climate Action & Adaptation Plan (“Original Agreement”). This Original Agreement was assigned contract number 10240 (CCS). In the staff report dated November 28, 2017 (Attachment B) requesting a first modification for additional services, staff inadvertently referred to the Original Agreement as contract number 3286. To correct this error, staff requests an amendment of the authorization of November 28, 2017 to authorize a First Modification of Agreement No. 10240 (CCS) instead of Agreement No. 3286. Financial Impacts and Budget Actions The contract modification to be awarded to DNV-GL is $34,000, for an amended contract total not to exceed $260,578. Funds are available in the FY 2017-18 budget in the Public Works Department. The contract will be charged to account 014261.555060.99544. Future-year funding is contingent on Council budget approval. 2 of 2 Prepared By: Garrett Wong, Senior Sustainability Analyst Approved Forwarded to Council Attachments: A. January 26, 2016 Staff Report B. November 28, 2017 Staff Report C. DNV-GL Oaks Form CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists f or persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1.Personal services contracts in excess of $25,000 over any 12-month period; 2.Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3.Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4.Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5.Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6.Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7.Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: _____________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ DNV GL Energy Services USA, Inc. Rich Barnes and Xander van der Meijden, Directors Wendy Tobiasson, President Xander van der Meijden, Treasurer Gary Ciavola, Secretary There are no persons/individuals who own any share of DNV GL Energy Services USA Inc Xander van der Meijden Treasurer Xander.vanderMeijden@dnvgl.com 510-891-0446 6/29/2017 REFERENCE: Agreement No. 10240 (CCS)