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Home My WebLink About14 - Amendment No. 4 to the Crossing Guard Services AgreementQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 28, 2021 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 PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org PHONE: 949-644-3650 TITLE: Amendment No. 4 to the Crossing Guard Services Agreement with All -City Management Services ABSTRACT: The Police Department requests City Council approval for contract and budget amendments to add two new crossing guards for Ensign Intermediate School. The Newport Mesa Unified School District (NMUSD) requested the addition of these crossing guards to manage increased pedestrian traffic at the intersection of Cliff Drive and Irvine Avenue. The increase in pedestrian crossings at that intersection is caused by changes to the school security fencing, which moved the sole access point to the school to Cliff Drive. The crossing guards were contracted temporarily beginning August 23, 2021 for the first day of the school year on a short-term amendment (No. 3), which was approved by the City Manager. The recommended contract and budget amendments will permanently add the new crossing guards to the agreement (at a cost of $25,380 for the 2021-22 school year) and add these positions to the master list of crossing guard locations going forward. 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; b) Approve Amendment No. Four to the Crossing Guard Services Agreement with All - City Management Services, Inc. of Santa Fe Springs, California adding two crossing guards for Ensign Intermediate School, and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 22-013 appropriating $25,380 in increased expenditures in Account No. 01035354-811008 from the unappropriated General Fund balance. DISCUSSION: The current crossing guard services agreement was first awarded in September 2017 for a five-year term following a full request for proposals (RFP) process. 14-1 Amendment No. 4 to the Crossing Guard Services Agreement with All -City Management Services September 28, 2021 Page 2 The agreement has been amended three times to add new crossing guard locations, including the latest short-term amendment (No. 3) to temporarily add two crossing guards at Cliff Drive/Irvine Avenue. The Police Department will initiate a new RFP process in Spring 2022 to select a contractor to be in place for the 2022-23 school year. NMUSD recently renovated and reconfigured the Ensign Intermediate School security fencing, drop-off areas, and parking areas. These changes created a single access point to the school and concentrated pedestrian, bicycle, and vehicle traffic on Cliff Drive, significantly increasing pedestrian crossings at the intersection with Irvine Avenue. NMUSD requested the City of Newport Beach add two new crossing guards to manage the increased traffic in this location. The request was reviewed by the City Traffic Engineer and he recommended that the Police Department add the two new crossing guards. These crossing guards were contracted in a temporary capacity at the beginning of the 2021-22 school year and the Police Department is requesting to make those additions permanent. Due to staffing issues, there has been a single crossing guard working at the location; an additional crossing guard will be added as soon as feasible. The crossing guard services agreement and subsequent amendments specifically list the crossing guard locations and not -to -exceed amounts; therefore, the recommended Amendment is required to add the new sites. The Amendment is within the City Manager's contract authority, but Council Policy F-3 requires City Council approval of any budget amendment over $10,000. There are currently two permanent crossing guards for Ensign Intermediate School, at Coral Place/Irvine Avenue and Beacon Street/Irvine Avenue. These locations will continue to be staffed with crossing guards. There are also four crossing guards assigned to intersections adjacent to Newport Harbor High School, two blocks north of Ensign. Twenty crossing guards are permanently assigned to school sites throughout the City, at an annual contract not -to -exceed cost of $253,800. Contracted not -to -exceed costs for the last fiscal year (FY 2020-21) were $234,144 and actual costs were $232,659. Last fiscal year's costs were heavily impacted first by the COVID-19 school closures and then by the double bell times needed for the hybrid schedule through the rest of the school year. FISCAL IMPACT: The Budget Amendment appropriates $25,380 in increased expenditure appropriations from the General Fund unappropriated fund balance. Upon City Council approval, the Budget Amendment will add funding for the current fiscal year and future fiscal years will including this funding as part of the Police Department's base budget. Because the two new crossing guards would be permanently added to the master locations list, ongoing funding is required and is subject to negotiated contract cost escalation. 14-2 Amendment No. 4 to the Crossing Guard Services Agreement with All -City Management Services September 28, 2021 Page 3 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 —Amendment No. 4 to the Services Agreement with All -City Management, Services, Inc. Attachment B — Budget Amendment 14-3 Attachment A AMENDMENT NO. FOUR TO SERVICE AGREEMENT WITH ALL -CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES THIS AMENDMENT NO. FOUR TO SERVICE AGREEMENT ("Amendment No. Four") is made and entered into as of this 28th day of September, 2021 ("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. On September 25, 2018, City and Contractor entered into Amendment No. Two to the Agreement ("Amendment No. Two") to reflect additional Services not included in the Agreement, as amended, and to increase the total compensation. E. On August 13, 2021, City and Contractor entered into Amendment No. Three to the Agreement ("Amendment No. Three") to reflect additional Services not included in the Agreement, as amended, to increase the total compensation, and to update insurance requirements. F. The parties desire to enter into this Amendment No. Four to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 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, Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three, and Exhibit B to this Amendment No. Four shall collectively be known as "Exhibit B." 14-4 Attachment A 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 Seventy Nine Thousand One Hundred Eighty Dollars and 001100 ($279,180.00). Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Eighty Three Thousand Three Hundred Eighty Dollars and 401100 ($1,083,380.40) 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. Four, including all reimbursable items and subcontractor fees, in an amount not to exceed Twenty One Thousand One Hundred Fifty Dollars and 001100 ($21,150.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and sh?ll be in full force and effect. [SIGNATURES ON NEXT PAGE] All -City Management Services, Inc. Page 2 14-5 Attachment A IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 8/9� 2132-1 CITY OF NEWPORT BEACH, a California municipal corporation Date: By:By: Aaron C. Harp (AM ova"01 Brad Avery City Attorney Mayor ATTEST: CONTRACTOR: ALL -CITY Date: MANAGEMENT SERVICES, INC., a California rporation Date: By: Leilani I. Brown ro arwell City Clerk Chief xecutive Officer Date: By: Demetr ,Farwell Secretary [END OF SIGNATURES] Attachments: Exhibit B — Schedule of Billing Rates All -City Management Services, Inc. Page 3 14-6 Attachment A EXHIBIT B SCHEDULE OF BILLING RATES All -City Management Services, Inc. Page B-1 14-7 Attachment t All City Management Services Inc. Client Worksheet 2021-2022 Department: 5701 Billing Rate for 2021-2022 : $23.50 City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days 2 Additional sites at Irvine/Cliff Sites with traditional calendar: 6 1 1 150 1 1 $23.50 1 1 $21,150.00 2 Sites at 3.0 hrs per day Total Hrs/day X days X Hourly Billing Rate TOTAL PROJECTED HOURS 900 TOTAL PROJECTED COST $21,150.00 um Attachment B City of Newport Beach _ BUDGET AMENDMENT cr rc�P of 2021-22 BA#: 22-013 Department: Police ONETIME: [EYes ❑ No Requestor: Lisa Newman Approvals ' ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date 0 COUNCIL APPROVAL REQUIRED City Clerk: Date increase expenditure appropriations from unappropriated General Fund fund balance to fund crossing guard services at new crossing guard ❑ from existing budget appropriations ations. On-going funding will be provided in subsequent years budgets for these services. ❑ from additional estimated revenues ❑� from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ - — Subtotal $ EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01035354 811008 TRAFFIC - SERVICES PROFESSIONAL 25,380.00 Subtotal $ 25,380.00 FUND BALANCE Fund It Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL (25,380.00) Subtotal $ (25,380.00) Fund Balance Change Required 14-9