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CITY OF
z NEWPORT BEACH
<,FoaN'P City Council Staff Report
January 9, 2018
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Program Manager,
PAlford newportbeachca.gov
PHONE: 949-644-3235
TITLE: Amendment to Sound Media Fusion Sound Monitoring Services
Agreement
ABSTRACT:
An amendment to a professional services agreement with Sound Media Fusion for sound
level control and monitoring of special events at the Newport Dunes Resort. The
amendment extends the contract termination date and "not to exceed" amount.
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 the amendment to the Professional Services Agreement, and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The Dunes Newport Resort will reimburse
the City for the entire cost of sound monitoring services.
DISCUSSION:
Conditional Use Permit (CUP) No. UP2015-021 allows the Newport Dunes Resort
(Dunes) to conduct up to 500 small-scale events without a special event permit, and up
to 14 large-scale events, each year. The CUP conditions of approval require a City sound
monitor at all events using amplified sound. The Dunes is also required to reimburse the
City for the entire cost of providing sound monitoring services.
6-1
Amendment to Sound Media Fusion Sound Monitoring Services Agreement
January 9, 2018
Page 2
The City currently contracts with Sound Media Fusion (SMF) to provide sound monitoring
at Dunes events. The City originally entered into the contract with SMF on June 4, 2015,
with a "not to exceed" compensation amount of $75,000 and a termination date of
May 31, 2017.
On March 7, 2017, the City Manager approved an amendment to the contract that
increased the "not to exceed" amount by $40,000 ($115,000 total) and extended the
contract termination date to May 31, 2018.
SMF monitored 121 Dunes events in 2016, and in 2017, SMF monitored 149 events. The
increase in the number of events already exceeds the current "not to exceed" amount of
the current contract. Furthermore, Staff anticipates that SMF will be needed at a similar
number of events in 2018. Therefore, staff recommends amending the contract to
increase the "not to exceed" amount by $125,000 ($240,000 total) to cover the cost of
monitoring the increased number of 2017 events and the anticipated 2018 events, and to
extend the termination date by one year, to May 31, 2019.
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).
ATTACHMENT:
Attachment A — Amendment No. 2 to Professional Services Agreement
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Attachment A
Amendment No. 2 to Professional Services Agreement with Sound Media Fusion.
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AMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH SOUND MEDIA FUSION, LLC FOR
ON-CALL NOISE MITIGATION SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 9th day of
January, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SOUND MEDIA FUSION,
LLC, a California limited liability company ("Consultant"), whose address is 16524 Arminta
Street, Van Nuys, California 91406, and is made with reference to the following:
RECITALS
A. On June 4, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") for on-call noise mitigation services ("Project").
B. On February 15, 2017, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement and to increase the
total compensation.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to May 31, 2019 and to increase the total compensation due to an
unanticipated increased volume of services.
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 May 31, 2019, unless terminated earlier as set forth herein."
2. 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 Two Hundred Forty
Thousand Dollars and 001100 ($240,000.00), 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."
M.
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Twenty Five Thousand Dollars and 001100 ($125,000.00).
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]
Sound Media Fusion, LLC Page 2
[.1
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: 12 f I S / 1
By. Z&r�)
Aaron C. Harp
City Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Duffy Duffield
Mayor
CONSULTANT: Sound Media Fusion,
LLC, a California limited liability company
Date:
By:
Gary Hardesty
Managing Member
[END OF SIGNATURES]
Sound Media Fusion, LLC Page 3
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