Office of the City Manager CONSENT CALENDAR February 23, 2016

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1 Office of the City Manager CONSENT CALENDAR February 23, 2016 To: From: Honorable Mayor and Members of the City Council Dee Williams-Ridley, Interim City Manager Submitted by: Phillip Harrington, Director, Public Works Subject: Approve Waiver of the Nuclear Free Berkeley Act (NFBA) per BMC Section (A) to Enter into a Real Property Services Agreement with the County of Contra Costa RECOMMENDATION Adopt a Resolution 1) Waiving the contract requirements of the Nuclear Free Berkeley Act, pursuant to Resolution No. 60,840-N.S. and Chapter of the Berkeley Municipal Code, in order to contract with County of Contra Costa Public Works Department; and 2) Authorizing the City Manager to execute a contract with County of Contra Costa Public Works Department in an amount not to exceed $50,000 for various real estate services. FISCAL IMPACTS OF RECOMMENDATION Contract funding of $50,000 is available through Building Maintenance Fund 866 under budget code This contract with County of Contra Costa Public Works Department (the County) has been entered into the City s contract management database and assigned CMS No. UM142. CURRENT SITUATION AND ITS EFFECTS The Public Works Department is requesting a waiver of the no contract provision of the Nuclear Free Berkeley Act (NFBA) in order to execute a contract for services with the County. Although the County is not designated under the NFBA as a nuclear entity, the County has elected not to sign the nuclear release form in order to establish the contract to perform various real property services that includes, but is not limited to the following: appraisal and appraisal review; negotiations; land rights document preparation and right of way acquisition; relocation; management of all leasing and disposal of real property; arranging for and maintaining necessary property insurance; contract administration; management of all property and asset management functions; supervision of independent contractors providing such services; and related work as required Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 Approve Waiver of the NFBA per BMC Section (A) to Enter CONSENT CALENDAR Into a Real Property Services Agreement with the County of Contra Costa February 23, 2016 BACKGROUND Section A. of B.M.C Nuclear free contracts and investments states The City of Berkeley shall grant no contract to any person or business which knowingly engages in work for nuclear weapons, unless the City Council makes a specific determination that no reasonable alternative exists. There are three factors set forth in B.M.C used in determining the appropriateness of a waiver of the NFBPA as follows: 1. The intent and purpose of the act The scope of work for this contract conforms with the intent and purpose of the Nuclear Free Berkeley Act. The goal of the contract is to perform various real property services as the City of Berkeley does not currently employ any right of way staff. 2. The availability of alternative services, goods and equipment, or other supplies substantially meeting required specifications of the proposed contract. The County has the staff capacity to meet our needs, and is also willing to work on an on-call basis. Further, the County has significant real property services experience and expertise with properties owned by the State of California, the railroads, and the Federal government. 3. Quantifiable additional costs resulting from use of available alternatives. There is no available alternative available. ENVIRONMENTAL SUSTAINABILITY This recommended action has no adverse environmental effect. RATIONALE FOR RECOMMENDATION In this instance, although the County of Contra Costa is not designated under the NFBA as a nuclear entity, the County has elected not to sign the nuclear release form in order to establish the contract. The City of Berkeley is in need of the particular real property services provided by the County under this agreement. Moreover, this entity is certified to work within all related programs and processes of both State and Federal governments. The County has the staff capacity to meet our needs, and is also willing to work on an on-call basis. Further, the County has significant real property services experience and expertise with properties owned by the State of California, the railroads, and the Federal government. ALTERNATIVE ACTIONS CONSIDERED The City of Berkeley does not presently employ any right of way staff able to perform the tasks and duties enumerated in the property services agreement with County of Contra Costa Public Works Department. The only alternative to entering into this agreement is cancellation of the contract. Page 2

3 Approve Waiver of the NFBA per BMC Section (A) to Enter CONSENT CALENDAR Into a Real Property Services Agreement with the County of Contra Costa February 23, 2016 CONTACT PERSON Phillip Harrington, Director, Public Works Department (510) Attachments: 1. Resolution 2. Expenditure Non-Construction Contract Review Form: New Contract 3. Property Services Agreement 4. Recommendation to County of Contra Costa Board of Supervisors to Approve the Contract for Services with the City of Berkeley (Approved) Page 3

4 RESOLUTION NO. ##,###-N.S. WAIVING THE NO CONTRACT PROVISION OF BERKELEY MUNICIPAL CODE SECTION OF THE BERKELEY MUNICIPAL CODE IN AWARDING A CONTRACT TO THE COUNTY OF CONTRA COSTA PUBLIC WORKS DEPARTMENT AND MAKING A DETERMINATION THAT NO REASONABLE ALTERNATIVE EXISTS BASED ON FACTORS OUTLINED IN THE CODE WHEREAS, pursuant to Resolution No. 60,840-N.S. and Berkeley Municipal Code Section The Nuclear Free Act of the Berkeley Municipal Code, in order to contract with the County of Contra Costa Public Works Department, the City Council must determine no reasonable alternative exists based on consideration of three factors; and WHEREAS, the three factors: the intent and purpose of the act, the availability of alternative service providers and quantifiable additional costs resulting from the use of alternative providers have all been considered; and WHEREAS, the City of Berkeley is in need of those particular real property services provided by the County under this agreement; and WHEREAS, the County of Contra Costa Public Works Department is certified to work within all related programs and processes of both State and Federal governments, has the staff capacity to meet our needs, is willing to work on an on-call basis, and has significant real property services experience and expertise with properties owned by the State of California, the railroads, and the Federal government; and WHEREAS, a failure to enter into a contract with the County of Contra Costa Public Works Department for Real Property Services will result in the City of Berkeley becoming unable to perform appraisal and appraisal review; negotiations; land rights document preparation and right of way acquisition; relocation; management of all leasing and disposal of real property; arranging for and maintaining necessary property insurance; contract administration; management of all property and asset management functions; supervision of independent contractors providing such services; and related work as required. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves a waiver to the no-contract provision of the BMC Section because no reasonable alternative exists to the services that will be provided under contract with the County of Contra Costa Public Works Department. BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract with County of Contra Costa Public Works Department for various real estate services in an amount not to exceed $50,000. A record signature copy of said agreement and any amendments to be on file in the Office of the City Clerk.

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