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City Council Staff Report
March 13, 2018
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jstafford@nbpd.org
PHONE: 949-644-3650
TITLE: Amendment No. Two to On -Call Professional Services Agreement
with Mariner's Mile Pet Clinic
ABSTRACT -
The Police Department requests City Council approval to amend the existing On -Call
Professional Services Agreement with Mariner's Mile Pet Clinic for animal care medical
services. Amendment No. Two would extend the term of the agreement an additional
23 months for a total of five (5) years and add expenditure authority in the amount of
$270,000 necessary for the remainder of the extended term.
RECOMMENDATION:
a) Determine the 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 it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve Amendment No. Two to the On -Call Professional Services Agreement with
Everest's Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport Beach, California,
and authorize the Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the Amendment. Funding for
subsequent fiscal years will be evaluated during the annual budget preparation process.
DISCUSSION:
Mariner's Mile Pet Clinic provides veterinary care for animals in the custody of the
Police Department's Animal Control Unit under the terms of an agreement originally
entered into in November 2015 as part of the establishment of the Newport Beach
Animal Shelter. Prior to that time, veterinary services were provided as part of the
animal sheltering contract.
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Amendment No. Two to On -Call Professional Services Agreement
with Mariner's Mile Pet Clinic
March 13, 2018
Page 2
The original agreement has been amended to extend the term an additional two years,
which would expire on December 31, 2018. That amendment also increased the not -to -
exceed amount to $95,000, but that contract amount has been fully expended with
10 months left in the term of the Agreement. Therefore, City Council approval is
requested to extend the term two years (to a total of five years) and to increase the
contract amount by 35 months' worth of contract authority to $270,000 (for a total of
$365,000). The contract amounts needed for the agreement and the first amendment
were rough estimates because there was not sufficient expenditure trend information
available to accurately forecast costs.
Mariner's Mile Pet Clinic has provided exemplary service to the City over the term of the
Agreement and is highly regarded by Animal Control staff. They are located in the City
of Newport Beach, are nearby to the areas with the highest volume of animal -related
calls for service and are less than five miles from the Animal Shelter. Mariner's Mile Pet
Clinic's pricing for veterinary care has been reviewed and is a good value to the City.
Staff recommends the original sole source selection of Mariner's Mile Pet Clinic be
continued in Amendment No. Two for a full five-year term.
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. Two to On -Call Professional Services Agreement with
Mariner's Mile Pet Clinic
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ATTACHMENT A
AMENDMENT NO. TWO TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST'S PIAFFE, INC. DBA MARINER'S MILE PET CLINIC FOR
ANIMAL CARE MEDICAL SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 13th day of
March, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and EVEREST'S PIAFFE, INC.
a California corporation doing business as ("DBA") MARINER'S MILE PET CLINIC
("Consultant"), whose address is 2630 Avon St., Newport Beach, CA 92663, and is made
with reference to the following:
RECITALS
A. Consultant is a pet clinic located at 2630 Avon Street, Newport Beach, California
92663 ("Location").
B. On November 24, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide animal care medical services at the Location
to animals transported by the City from the animal shelter located at 200502
Riverside Drive, Newport Beach, California 92660 ("Project").
C. On January 1, 2017, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to
December 31, 2018 and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to December 1, 2020, increase the total compensation, update City's
project administration information, and update City's contact for notices.
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 1, 2020, 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 Letter Proposal
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
Three Hundred Sixty Five Thousand Dollars and 00/100 ($365,000.00), without prior
Everest's Piaffe, Inc. DBA Mariner's Mile Pet Clinic Page 1
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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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Seventy Thousand Dollars and 00/100 ($270,000.00).
3. PROJECT MANAGER
Section 6 of the Agreement shall be amended in its entirety and replaced with the
following: "This Agreement will be administered by the Police Department. 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."
4. STANDARD OF CARE
Section 8 of the Agreement shall be amended to add Section 8.4 which shall state
the following: "Consultant agrees to provide access to and upon request of City, entry in
to any premises utilized by Consultant or subconsultant for services described in Exhibit
A for the purposes of inspection to ensure that all services provided by Consultant are
performed in a humane manner."
5. NOTICES
Section 25.2 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Attn: Deputy Director, Police Services
Police Department — City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
6. 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]
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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:
By.-
Aaron
y:Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Everest's Piaffe, Inc.
DBA Mariner's Mile Pet Clinic, a California
corporation
Date:
By:
Karla S. Nichols
President
Date:
By:
Christian Cory Day
Secretary
[END OF SIGNATURES]
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