DATE: November 8, 2016
SUBJECT:
Title
RESOLUTION CONSENTING TO ASSIGNMENT AND ASSUMPTION OF AN AGREEMENT FOR AS NEEDED PROJECT MANAGEMENT SERVICES FROM ACME BUSINESS CONSULTING, LLC TO EXCELERATE LLC
Body
EXECUTIVE SUMMARY:
On October 14, 2014 the Board of Port Commissioners adopted a resolution authorizing an agreement with ACME Business Consulting, LLC (ACME) for as-needed Information Technology Project Management Services. ACME was recently acquired by a firm who no longer does business in San Diego. Therefore, ACME has agreed to assign all of its San Diego business to a third party, Excelerate LLC (Excelerate).
RECOMMENDATION:
Recommendation
Adopt a Resolution Consenting to Assignment and Assumption of a Professional Services Agreement for As Needed Project Management Services from ACME Business Consulting, LLC to Excelerate LLC.
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FISCAL IMPACT:
The proposed Board action would have no additional fiscal impact to the District.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal:
• A Port with an innovative and motivated workforce.
DISCUSSION:
On October 14, 2014 the Board of Port Commissioners adopted a resolution authorizing an agreement with ACME for as-needed Information Technology Project Management Services. A contract with ACME was executed in order to carry out the resolution, and to provide as-needed services to the Information Technology Project Management Office.
Recently, ACME was acquired by a firm that no longer does business in San Diego and has indicated that it cannot carry out the demands of the contract. ACME has agreed to assign all of its San Diego business to Excelerate. Excelerate is a company that was created by a former principal of ACME, who established a company which would continue to do business in San Diego. District IT staff has done due diligence and determined Excelerate is proficient in all areas of expertise which ACME possessed and staff recommends this assignement and assumption of the Distict’s agreement to Excelerate.
General Counsel’s Comments:
The Office of the General Counsel reviewed the assignment and assumption agreement between ACME Business Consulting, LLC and Excelerate, LLC, and approves as to form and legality.
Environmental Review:
The proposed Board action (change) does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
In addition, the proposed Board action (change) allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board action (change) does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Chrissy Joslin
Senior Management Analyst, Information Technology
Attachment(s):
Attachment A: Agreement 156-2014 Excelerate LLC.