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HomeMy WebLinkAbout10 - Marina Management Services - Amendment to AgreementTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 24, 2017 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Raymund Reyes, Acting Administrative Analyst rreyes newportbeachca.gov PHONE: 949-644-3325 TITLE: Marina Management Services — Amendment to Agreement with Basin Marine and Budget Amendment ABSTRACT: Marina Park features a visitor friendly marina with 23 public boat slips with full amenities. In 2015, the City entered into Professional Services Agreement with Basin Marine, Inc. to operate the marina at Marina Park through October 31, 2017. Staff recommends approval of Amendment No. 1 to the Professional Services Agreement with Basin Marine, Inc. to extend the term and contract value to continue marina management services at Marina Park through December 2018 or until such services might be incorporated into the new Harbor Operations Division. RECOMMENDATION: a) Determine that the action is exempt from 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 because it will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 18BA-009 appropriating $137,700 from the Tidelands Fund unappropriated fund balance to Account 1008014-811044 for Marina Management Services at Marina Park for the balance of FY 2017-18; and c) Approve Amendment No. 1 to the Professional Services Agreement with Basin Marine, Inc. to extend the term to December 31, 2018, and increase compensation by $214,200, for a total contract value of $581,400, for Marina Management Services at Marina Park. 10-1 Marina Management Services — Amendment to Agreement with Basin Marine and Budget Amendment October 24, 2017 Page 2 FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $137,700 in increased expenditure appropriations from Tidelands Fund unappropriated fund balance to Account No. 1008014-811044 for Marina Management Services at Marina Park. DISCUSSION: With the introduction of visitor slips at Marina Park in 2015, a formal maintenance and management program (including contract staffing) was implemented through an agreement with Basin Marine, Inc. Basin Marine provides customer and concierge services, reservations, insurance verification, light maintenance, daily inspections of marina and visitor facilities, operation of sanitary sewage pumpout, and general safety. The current budget for Harbor Operations includes funding for Basin Marine to provide marina management at Marina Park for three months only during FY 2017-18. With the transition of mooring related and on -water harbor operations from the County of Orange to the City on July 1, 2017, a number of line items within the Harbor Resources budget were moved into a new budget division for Harbor Operations. This new operating budget was based on preliminary assumptions of how the new Division might function and anticipated marina management would possibly move from contract services to oversight by City staff within the Harbor Operations Division. Presently, staff is reviewing the current and futures needs of Harbor Operations and expects to present its findings to the City Council later this year. Since the current agreement expires October 31, staff recommends approval of the contract amendment to provide services through December, 2018. This should allow the City ample time to determine best service format for this program. Basin Marine has agreed to extend its contract through December 2018 for the same monthly fee of $15,300. The agreement is summarized as follows: Description FY 15-16 FY16-17 FY17-18 FY18-19 Total Contract Months Per Fiscal Year 8 12 4 Original Agreement $122,400 $183,600 $61,200 $367,200 Months Per Fiscal Year 8 6 Amendment 1 $122,400 $91,800 $214,200 Total Agreement as Amended (Proposed) $122,400 $183,600 $183,600 $91,800 $581,400 10-2 Marina Management Services — Amendment to Agreement with Basin Marine and Budget Amendment October 24, 2017 Page 3 Marina Park offers visitors a stay up to 30 days. Unlike other moorings and anchorage options in Newport Harbor, Marina Park offers full amenities for slip tenants: Wi-Fi, laundry, showers and restroom, water and electrical, sanitary sewer pumpouts, on-site restaurant, and parking. Revenue from slip rentals at Marina Park offset management costs, has steadily been increasing, and will soon achieve full cost recovery. Tidelands Revenue FY2016 Actual FY2017 Actual FY2018 Projected Marina Park Slips $45,274 $133,461 $150,000 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. 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). ATTACHMENTS: Attachment A — Budget Amendment Attachment B — Amendment No. 1 to Professional Services Agreement 10-3 City of Newport Beach BUDGET AMENDMENT 2017-18 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates _ Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues if from unappropriated fund balance EXPLANATION: ATTACHMENT A NO. BA- 18BA-009 AMOUNT -,r $137.700.00 1 This budget amendment is requested to provide for the following: To increase expenditure appropriations from Tidelands Fund unappropriated fund balance for the Basin Marine contract to perform marina management services at Marina Park. ACCOUNTING ENTRY: Increase in Budgetary Fund Balance 7( Decrease in Budgetary Fund Balance Fund No effect on Budgetary Fund Balance ONE-TIME? 300000 Ld Yes C. W) This budget amendment is requested to provide for the following: To increase expenditure appropriations from Tidelands Fund unappropriated fund balance for the Basin Marine contract to perform marina management services at Marina Park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 100 300000 REVENUE ESTIMATES C. EXPENDITURE APPROPRIATIONS Amount Description Debit Tidelands Fund - Fund Balance $137,700.00 Descri Description Org/Object 1008014-811044 Harbor Operations - Marina Park Marine Mgmt Org/Object Org/Object Org/Object Signed: Financ Signed: Ad Signed Approval: Finance Dir-ttor native Approval: City Man er City Council Approval: City Clerk " Automatic Credit $137,700.00 1'- 12 - Date l o X - Date Date 10-4 ATTACHMENT B AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BASIN MARINE, INC. FOR MARINA MANAGEMENT AT MARINA PARK THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BASIN MARINE, INC., a California corporation ("Consultant"), whose address is 829 Harbor Island Drive, Suite A, Newport Beach, California 92660, and is made with reference to the following: RECITALS A. On October 27, 2015, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant for marina management services for Marina Park ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to December 31, 2018, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2018, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED The Section entitled, "Staffing" on Exhibit A to the Agreement is amended in its entirety and replaced with the following: "STAFFING • Provide sufficient and qualified staff to provide top-notch customer service both in the marina environment and in the office. • City expects marina staff to be flexible between performing both office work and work in the marina environment. • Personnel will be trained to be able to accept reservations, accept credit cards, obtain necessary documentation as well as perform dock duties. 10-5 • Regular staffing should be at least one person per day with the option for additional persons. • Two (2) dock persons shall cover the seven (7) days per week during office hours and overtime as required. • Clerical personnel shall also be required to maintain records. • Marina Park slips are open and available to the public seven (7) days a week. • Service during office hours with flexibility for peak season, holidays, etc. Eight (8) hours per day, seven (7) days per week during regular office hours (8:00 a.m. — 5:00 p.m.) with flexibility for peak season, holidays, etc. Minimum thirty (30) minute lunch (scheduling to be based on office staffing levels and appropriate coverage) and two (2) 10-15 minute breaks during morning/evening hours. • Twenty-four (24)/ seven (7) service is not required." Further, 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 and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 Five Hundred Eighty One Thousand Four Hundred Dollars and 00/100 ($581,400.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Fourteen Thousand Two Hundred Dollars and 00/100 ($214,200.00). 4. 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] Basin Marine, Inc. Page 2 10-6 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: j�/la/17 By. Aaron C. Harp kkw^ 101"Ir" City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: Basin Marine, Inc., a California corporation Date: By: By: Leilani I. Brown David L. New City Clerk President Date: By: Derek J. New Secretary/Treasurer/Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Basin Marine, Inc. Page 3 10-7 EXHIBIT A SCOPE OF SERVICES Consultant's additional Services in accordance with this Amendment No. One shall include, but are not limited to, the following, under the Section entitled "ADMINISTRATION": All Dock Personnel • Respond to public inquiries regarding available Marina Park Rental moorings, vacant moorings, etc. • Process sub -permits and payments (credit card, cash, check) for rental moorings, including validation of registration and insurance according to City policies. • Utilize City -provided software and data for billing, record keeping, records, etc. of mooring rentals. • In addition to credit card payments, process cash, check payments for Marina Park slips. • Direct questions concerning mooring administration (including but not limited to, mooring transfers, code compliance, general inquiries, etc.) and requests as related to non -emergency harbor operations to appropriate Harbor Operations staff. • Direct all emergency calls to the Orange County Sheriffs Department and/or the Newport Beach Police Department as necessary. Basin Marine, Inc. Page A-1 10-8