HomeMy WebLinkAbout21 - PSA for Pier and Boardwalk SafetyQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
November 16, 2021
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Peter Carpentieri, Police Lieutenant, pcarpentieri@nbpd.org
PHONE: 949-644-3617
TITLE: Professional Services Agreement for Pier and Boardwalk Safety
ABSTRACT:
The Police Department requests City Council approval for a Professional Services
Agreement (Agreement) with Contemporary Services Corporation (CSC) to provide
contract staffing for the Boardwalk Ambassador Program. CSC was selected through a
detailed Request for Proposals (RFP) process conducted by the City of Newport Beach
(City) Finance Department. The requested agreement has a five-year term with a total
not -to -exceed cost of $1,050,000. The first-year cost is $200,000, with negotiated
increases of two percent per year, beginning at year two. Ongoing funding of $200,000
per fiscal year for the Boardwalk Ambassador Program was approved by the City Council
as part of the Fiscal Year 2021-22 annual budget.
RECOMMENDATION:
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;
and
b) Approve a Professional Services Agreement with Contemporary Services Corporation
of Northridge, California for Pier and Boardwalk Safety in an amount not to exceed
$1,050,000, and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Pilot Program
The Police Department began the Boardwalk Ambassador Pilot Program in February
2021 in a one-year agreement with the recommended vendor, CSC. The program began
with three contract staff and one supervisor working 10 a.m. to 6 p.m. on Saturdays and
Sundays. The boardwalk ambassadors work the area of the boardwalk, piers and
adjacent areas, proactively addressing problems with bicycles speeding on the
boardwalk, surreys on the boardwalk, skateboarding, and similar issues that are important
to residents.
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Professional Services Agreement for Pier and Boardwalk Safety
November 16, 2021
Page 2
Their tasking is to provide guidance to users of those areas on relevant municipal codes
and state laws and gain voluntary compliance while providing a positive presence
representing the City.
The pilot program has been closely overseen by the Police Department's Area One
Commander and Peninsula Enforcement Team supervisor. It has been effective at
addressing problems affecting the operational area and has been expanded to include
Friday staffing. The Police Department recommended the program become permanent
and ongoing funding was requested in the FY 2021-22 budget cycle. The City Council
approved funding of $200,000 per year and a new RFP process was initiated to select a
long-term vendor to provide program services.
RFP PrnrPcc
Using specifications and service requirements provided by the Police Department,
Purchasing Division staff issued a formal RFP solicitation, No. 22-08, for Pier and
Boardwalk Safety Services. The RFP was posted on the City's public procurement system
(PlanetBids) and distributed directly to known providers of these services.
This RFP was evaluated in two phases. Phase 1, the Technical Review, involved an
evaluation panel reviewing each proposal and rating them on technical factors such as:
• Qualifications and experience
• Demonstrated understanding of the Scope of Work
• Subject matter expertise
• Ability to perform requested services
The RFP instructed proposers that only those proposals earning a minimum of 70% of
the available points from Phase 1 would be eligible to advance to Phase 2 (the Cost
Evaluation), in which the Purchasing staff would compare and calculate the costs from
each proposal. Of the three proposals received by the City, only one (Contemporary
Services Corporation) qualified to advance to the Cost Evaluation phase. The results of
the panel scoring can be found under the Technical/Proposal Review section in the table
below:
The RFP asked for proposers to provide hourly costs for staff and supervisors at regular,
overtime, double overtime and holiday rates. As no other proposers advanced to the cost
evaluation phase, CSC was awarded the maximum allowable points in this area.
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Maximum
Points
Contemporary
Services Corporation
Phase 1: Technical/Proposal Review
80.00
77.33
Phase 2: Cost Evaluation
20.00
20.00
Total Score
100.00
97.33
The RFP asked for proposers to provide hourly costs for staff and supervisors at regular,
overtime, double overtime and holiday rates. As no other proposers advanced to the cost
evaluation phase, CSC was awarded the maximum allowable points in this area.
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Professional Services Agreement for Pier and Boardwalk Safety
November 16, 2021
Page 3
Having no other proposer costs to compare against the proposed costs from CSC, staff
compared the proposed costs with the costs from CSC's current agreement. The initial
hourly rates for the recommended Agreement are an increase of $1.25 per hour, but they
include the legislated increase to the California State Minimum Wage of $1.00 per hour,
effective January 1, 2022. CSC proposed rates in its RFP response and Police
Department staff subsequently negotiated the recommended rates for the term of the
Agreement to include annual, two -percent increases beginning January 1, 2023. The
attached Agreement includes rate tables for all five years as Exhibit B, Schedule of Billing
Rates. The table below shows the initial hourly rates for Calendar Years 2021 and 2022:
CALENDAR YEAR 2021-2022 HOURLY BILLABLE RATES
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$27.11
$40.67
$54.22
$40.67
Supervisor
$29.85
$44.78
$59.70
$44.78
At the initial hourly rates and assuming continuation of the current staffing model of three
staff and one supervisor working eight hours per day, the $200,000 program funding will
provide 224 days of boardwalk ambassador coverage. The Agreement provides
flexibility for Police Department staff to adjust staffing as operational demands change.
Conclusion of RFP Process and Panel Recommendation
Following the RFP procurement evaluation and review process, the evaluation panel
identified CSC as the highest -qualified proposer and most effective provider of boardwalk
ambassador services. CSC has the knowledge and expertise required, has performed
exceptionally during the pilot program, and has a demonstrated history of excellent
performance providing other cities with similar services. Staff recommends the City
Council approve the five-year Boardwalk Ambassador Professional Services Agreement
with Contemporary Services Corporation.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this agreement. It will be expensed to
the Services - Professional and Technical, NOC account in the Police Department,
01035353-811008.
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.
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Professional Services Agreement for Pier and Boardwalk Safety
November 16, 2021
Page 4
NOTICING:
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).
ATTACHMENT:
Attachment A — Professional Services Agreement for Pier and Boardwalk Safety
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH CONTEMPORARY SERVICES CORPORATION FOR
PIER & BOARDWALK SAFETY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 16th day of November, 2021 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and CONTEMPORARY SERVICES CORPORATION, a California corporation
("Consultant"), whose address is 17101 Superior Street, Northridge, California 91325,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of Califomia with the power to cant' on its business as it is now being
conducted under the statutes of the State of Califomia and the Charter of City.
B. City desires to engage Consultant to provide Pier and Boardwalk Safety Services
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 1, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
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completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant 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. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Fifty
Thousand Dollars and 00/100 ($1,050,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Tania De La O to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Traffic
Services Lieutenant or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them), and/or if it is subsequently determined that an
employee of Consultant is not an independent contractor.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
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of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
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joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Govemment Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Chief of Police
Police Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tania De La O
Contemporary Services Corporation
1539 West Orangewood Avenue
Orange, CA 92868
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govem.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Contemporary Services Corporation Page 10
21-14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date:}lII Date:
A
By. " V (4--) By.
a n C. Harp1p%�� Brad Avery
Attorney �n`P Mayor
ATTEST: CONSULTANT:
Date: CONTEMPORARYSERVICES
CORPORATION, a California corporation
Date:
By: By:
Leilani I. Brown Damon Zumwalt
City Clerk Chief Executive Officer
Date:
By:
Paul Erickson
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Contemporary Services Corporation Page A-1 21-16
EXHIBIT A
SCOPE OF SERVICES
1. General Overview
Consultant shall provide highly visible, unarmed, uniformed personnel on and
about the City's piers and boardwalk who will ensure education and compliance
with City rules, ordinances and regulations to improve the quality of life for both
residents and beach visitors. These services shall be required at the City's
boardwalk along the beach between 36th Street and E Street as well as at the
Newport Beach Pier/McFadden Square located at 70 Newport Pier, Newport
Beach, CA 92663 and the Balboa Pier/Balboa Peninsula Park located at 1 Balboa
Pier, Newport Beach, CA 92661. The Project site consists of two distinct beats.
The Newport Beach Pier Beat, which includes the Newport Beach Pier/McFadden
Square as well as the boardwalk between 35th Street and 15th Street. The Balboa
Pier Beat, which includes the Balboa Pier/Balboa Peninsula Park as well as the
boardwalk between 15th Street and E Street.
2. Scope of Services
2.1 Consultant shall assign a minimum two -person team to each beat
within the Project site consisting of at least three staff members and
a supervisor. However, the Project Administrator shall determine the
exact number of personnel and their exact deployment locations within
the assigned beats as needed. Personnel shall provide services
during a minimum five-hour shift during peak days/times and at any
other days/times as determined by the Project Administrator.
2.2 City reserves the right to adjust service times and quantity of assigned
personnel on holidays or any days otherwise specifically requested by
the Project Administrator.
2.3 Assigned personnel shall be on foot during assigned shifts, and be
clearly visible to beach visitors on the piers and boardwalk.
2.4 Assigned personnel shall act as "ambassadors" to beach visitors on the
piers and boardwalk, educating them of current pier and boardwalk rules,
and requesting compliance of City ordinances and regulations to ensure
a high quality of life for both residents and beach visitors. Assigned
personnel shall take their ambassador role seriously by also providing
friendly advice, guidance, and directions to those beach visitors in need
of assistance.
21-17
2.5 Personnel assigned by the Consultant shall have the authority to
enforce all City imposed rules, ordinances and regulations pertaining
to pier and boardwalk usages by asking beach visitors for compliance.
In the event there continues to be a lack of compliance, personnel
shall contact the Newport Beach Police Department to address
situations that cannot be handled.
2.6 Personnel shall not have the ability to issue citations on behalf of the City.
2.7 Personnel shall be able to communicate clearly in English.
2.8 For emergency contact and auditing purposes, any and all personnel
assigned by the Consultant shall be able to be reachable by City staff
via cellphone or radio at any point in time during an assigned shift.
Consultant shall provide such equipment at its sole expense and
responsibility.
2.9 Consultant shall make available to the City any and all assigned
personnel for specialized training conducted by the Newport Beach
Police Department on an as -needed basis. Requests for training shall
be coordinated by the Project Administrator.
2.10 Assigned personnel shall be provided with proper uniforms and
equipment, as determined by the City, at the Consultant's sole
expense and shall be fully uniformed and equipped priorto arrival on
the job site.
2.11 Consultant shall make available to the City a 24-hour point of contact
that can be reached to resolve any scheduling issues or no-shows.
3. City Responsibilities and Provisions
City shall provide Consultant with pay station codes that will allow assigned
personnel free access to parking spaces. The City shall change the code
periodically as to prevent abuse.
4. Certification and Licensing Reguirements
Throughout the term of this Agreement, Consultant shall:
4.1 Maintain a current license from the California Bureau of Security &
Investigative Services (either Security Guard or Private Patrol Operator).
4.2 Maintain a current Certified Protection Professional (CPP) license from
ASIS International.
21-18
EXHIBIT B
SCHEDULE OF BILLING RATES
Contemporary Services Corporation Page 6-1 21-19
Iy:1al:��r:3
SCHEDULE OF BILLING RATES
Consultant shall assign personnel to perform the services indicated in this Agreement in
accordance with the following billable rates:
CALENDAR YEAR 2021-2022 HOURLY BILLABLE RATES
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$27.11
$40.67
$54.22
$40.67
Supervisor
$29.85
$44.78
$59.70
$44.78
CALENDAR YEAR 2023 HOURLY BILLABLE RATES
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$27.65
$41.48
$55.30
$41.48
Supervisor
$30.45
$45.67
$60.89
$45.67
CALENDAR YEAR 2024 HOURLY BILLABLE RATES
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$28.21
$42.31
$56.41
$42.31
Supervisor
$31.06
$46.58
$62.11
$46.58
CALENDAR YEAR 2025 HOURLY BILLABLE RATES
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$28.77
$43.15
$57.54
$43.15
Supervisor
$31.68
$47.52
$63.35
$47.52
21-20
CALENDAR YEAR 2026 HOURLY BILLABLE RATES
When Does This Rate Apply or Start
Regular Rate
Overtime Rate
(1.5X)
Double Overtime
Rate (2X)
Holiday Rate
Staff
$29.34
$44.02
$58.69
$44.02
Supervisor
$32.31
$48.47
$64.62
$48.47
Rate Type
When Does This Rate Apply or Start
Regular Rate
Shifts of 0 to 8 hours
Overtime Rate
If personnel are requested to work more than 8 hours, but
(1.5X)
less than 12 consecutive hours
Double Overtime Rate
If personnel are requested to work more than 12
(2X)
consecutive hours
New Year's Day, Martin Luther King Day, President's
Holiday Rate
Day, Easter Sunday, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Eve, Christmas
Day, and New Year's Eve
City shall not be responsible for providing or reimbursing Consultant for any items or
expenses related to : travel, mileage, communications equipment or uniforms.
If the City cancels any or all of its personnel requests less than twenty-four (24) hours
prior to the assigned reporting time, the City shall pay, in addition to sums due for
services actually provided, at the regular rate for each canceled employee as if such
employee worked four (4) hours.
Under California law, absent a lawful waiver, employees are entitled to uninterrupted,
off-duty meal and rest periods. Employees are entitled to one hour of pay at his/her
regular rate of payfor any missed meal period(s) in a workday and another hour of pay at
his/her regular rate of pay for missed rest period(s) in a workday. When compliance
of California meal and rest period laws is not practically possible due to the nature of the
work assignment, the Contractor will bill the City for the payment of missed meals and
breaks.
21-21
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Contemporary Services Corporation Page C-1 21.22
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Contemporary Services Corporation Page C-2 21-23
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Contemporary Services Corporation Page C-3 21-24
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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