REPORT TO COUNCIL
SUBJECT
Title
Approve the First Amendment to the Services Agreement with Goats R Us to Increase the Not-to-Exceed Amount to $345,000 and Extend the Term Through February 8, 2027 (F26-244)
Report
REPORT IN BRIEF
Staff requests approval of the first amendment to the Services Agreement with Goats R Us of Orinda, California in the same form as Attachment 1 to the report to extend the agreement through February 8, 2027, and to increase the not-to-exceed total amount from $230,000 to $345,000 to continue vegetation management services at the Sunnyvale Landfill.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, contracts for this type of service are awarded pursuant to a Request for Proposals (RFP) best value process, unless otherwise exempt from the competitive bidding process. Additionally, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) (maintenance of existing landscaping and native growth).
BACKGROUND AND DISCUSSION
On February 8, 2024, the City entered into an agreement with Goats R Us to provide specialized services for vegetation control at the Sunnyvale Landfill using goats and sheep. The original agreement went through February 2026 and included an option for the City to extend the term with three one-year optional extensions.
To maintain service with the current vendor beyond February 2026, it is necessary to extend the term for one of the three contract extensions. This First Amendment to the contract increases the not-to-exceed amount of $345,000 and requires Council approval. The amendment is based on pricing outlined in the original agreement.
FISCAL IMPACT
There is sufficient budget appropriated and available for vegetation management in Fund 6101 - Solid Waste Management Fund under Program 14400 - Solid Waste Management.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve First Amendment to the Services Agreement with Goats R Us, increasing the contract by $115,000 for a new not-to-exceed total of $345,000 and extending the contract through February 8, 2027;
- Authorize the City Manager to execute the amendment when all necessary conditions have been met;
- Authorize the City Manager to increase compensation subject to budget appropriation and pricing/service acceptability; and
- Authorize the City Manager to execute the remaining two optional one-year extensions through February 2029 at the latest.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Ramana Chinnakotla, Director of Environmental Services
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. First Amendment to Services Agreement
2. Original Service Agreement (Fully Executed)