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Home My WebLink About14 - Crossing Guard Services AgreementCITY OF u s NEWPORT BEACH' Cg41C1 F0 f9L City Council Staff Report September 25, 2018 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Jonathan Stafford, Deputy Director, jstafford@nbpd.org PHONE: 949-644-3650 TITLE: Amendment No. 2 to Crossing Guard Services Agreement ABSTRACT: The Police and Public Works Departments request City Council approval of an amendment to the City's crossing guard services agreement and funding to add a second new crossing guard at 15th Street and Santa Ana Avenue for Newport Heights Elementary School. The City Traffic Engineer has recommended the second new crossing guard based on his review of pedestrian traffic counts in the Newport Heights Neighborhood School Traffic Study and field observations in the new school year. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. 2 to the Services Agreement with All City Management Services, Inc. of Santa Fe Springs, California, and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 19BA-011 appropriating $10,017.00 from the unappropriated General Fund Balance to Account No. 01035354-811008. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $10,017.00 in increased expenditure appropriations from the unappropriated General Fund balance and will fund one new crossing guard for the remainder of FY18-19. Funding for subsequent fiscal years will be evaluated and addressed during the annual budget preparation process. 14-1 Amendment No. 2 to Crossing Guard Services Agreement September 25, 2018 Page 2 DISCUSSION: Student pedestrian counts were included in the Newport Heights Neighborhood School Traffic Study. As part of the study, a crossing guard was recommended for assignment at the intersection of Santa Ana Avenue and 15th Street adjacent to Newport Heights Elementary School. This crossing guard started on September 4, 2018, and assists students and parents crossing 15th Street. Subsequent field observations since the start of the new school year support that adding a second crossing guard at this intersection would improve student pedestrian safety. The new crossing guard would assist students and parents crossing Santa Ana Avenue in the morning and afternoon peak periods. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Amendment No. 2 to the Services Agreement with All City Management Services, Inc. Attachment B — Budget Amendment 142 ATTACHMENT A AMENDMENT NO. TWO TO SERVICE AGREEMENT WITH ALL -CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES THIS AMENDMENT NO. TWO TO SERVICE AGREEMENT ("Amendment No. Two") is made and entered into as of this 25th day of September, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL -CITY MANAGEMENT SERVICES, INC., a California corporation ("Contractor"), whose address is 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, California 90670, and is made with reference to the following: RECITALS A. On September 12, 2017, City and Contractor entered into a Service Agreement ("Agreement") to engage Contractor to provide crossing guard services ("Project"). B. On August 14, 2018, the City Council directed City staff to implement and install certain recommended improvements outlined in the Newport Heights Neighborhood School Traffic Study, dated May 2018. C. On August 31, 2018, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional Services not included in the Agreement and to increase the total compensation to implement the direction given by City Council. D. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B." 14-3 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Five Hundred Seventy Thousand Fifty Six Dollars and 401100 ($570,056.40) for the initial three (3) year term, without prior written authorization from City. For year one (1), the annual amount shall not exceed One Hundred Fifty Four Thousand Forty Dollars and 401100 ($154,040.40). For year two (2), the annual amount shall not exceed Two Hundred Thousand Three Hundred Forty Dollars and 001100 ($200,340.00). For year three (3), the annual amount shall not exceed Two Hundred Fifteen Thousand Six Hundred Seventy Six Dollars and 001100 ($215,676.00). No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. At the City's discretion and in accordance with Section 1 of this Agreement, after the first three (3) years, this Agreement may be extended for the fourth (4th) year, and at the end of the fourth (4th) year may be extended for the fifth (5th) year. For year four (4), the annual amount shall not exceed Two Hundred Thirty Four Thousand One Hundred Forty Four Dollars and 001100 ($234,144.00). For year five (5), the annual amount shall not exceed Two Hundred Fifty Three Thousand Eight Hundred Dollars and 001100 ($253,800.00). Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Fifty Eight Thousand Dollars and 401100 ($1,0589000.40) if this Agreement is extended for years four (4) and five (5)." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Forty Five Thousand One Hundred Ninety Eight Dollars and 001100 ($459198.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] All -City Management Services, Inc. Page 2 14-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q/6�1/9 By: Aaron C. Harp w" &*Sill% City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Marshall "Duffy" Duffield Mayor CONTRACTOR: ALL -CITY MANAGEMENT SERVICES, INC., a California corporation Bv: Baron Farwell President Date: By: Demetra Farwell Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates All -City Management Services, Inc. Page 3 14-5 EXHIBIT A SCOPE OF SERVICES Additional Crossing Guard Location: Additional School: Crossing Guard No. Intersection: 13 I art Hekghts Elementary Sciooi I Santa Ana Avenuel15m Street All -City Management Services, Inc. Page A-1 14-6 EXHIBIT B SCHEDULE OF BILLING RATES All -City Management Services, Inc. Page B-1 14-7 All City Management Services Inc. Client Worksheet 2018-2019 Department: 5701 City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 Additional site 15th/Santa Ana School Year 2018-2019 TOTAL HOURS 2160 TOTAL COST $45,198.00 14-8 3 1 1 180 1 1 $18.55 1 1 $10,017.00 1 site at 3 hrs. per day: "Total Hrs/day X days/yr X Hourly Billing Rate School Year 2019-2020 3 180 $19.97 = 110,783.80 1 site at 3 hrs. per day: Total Hrs/day X days/yr X Hourly Billing Rate School Year 2020-2021 F-� 180 1 $21.68 1 $11207.20 1 site at 3 hrs. per day: Total Hrs/day X daysh r X Hourly Billing Rate School Year 2021-2022 180 $23.50 = $12,690.00 1 site at 3 hrs. ver day: Total Hrs/dav X days/vr X Hourly Billing Rate TOTAL HOURS 2160 TOTAL COST $45,198.00 14-8 City of Newport Beach BUDGET AMENDMENT 2018-19 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: ATTACHMENT B NO. BA- 19BA-011 AMOUNT:j $10,017.00 This budget amendment is requested to provide for the following: I To increase expenditure appropriations from the General Fund balance to fund one new crossing guard for the remainder of FY 18-19 ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Otject 010 300000 REVENUE ESTIMATES Org Object Project EXPENDITURE APPROPRIATIONS Org Object Project 01035354 811008 Signed Signed Signed: Fihhl cial Approval: Finance Di Description General Fund - Balance Description Description PD Traffic - Services Prof & Tech Adrryrfioative Approval: City Man City Council Approval: City Clerk Amount Debit Credit $10,017.00 Automatic System Entry. $10,017.00 � -I J:_L& Date Date Date 14-9 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ONE-TIME? M Yes No This budget amendment is requested to provide for the following: I To increase expenditure appropriations from the General Fund balance to fund one new crossing guard for the remainder of FY 18-19 ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Otject 010 300000 REVENUE ESTIMATES Org Object Project EXPENDITURE APPROPRIATIONS Org Object Project 01035354 811008 Signed Signed Signed: Fihhl cial Approval: Finance Di Description General Fund - Balance Description Description PD Traffic - Services Prof & Tech Adrryrfioative Approval: City Man City Council Approval: City Clerk Amount Debit Credit $10,017.00 Automatic System Entry. $10,017.00 � -I J:_L& Date Date Date 14-9