Loading...
HomeMy WebLinkAboutC-4839 - Reimbursable Letter of Agreement for 2011 Traffic Control for 4th of JulySTATE OF CALIFORNIA (� X DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 111 CJ (� REIMBURSABLE LETTER OF AGREEMENT kNf) CHP 465 (Rev. 9-08) OPI 071 THIS AGREEMENT, Reimbursable Services Control Log # - R 1 1-675-002 made and entered into this 07 day of April 201 1 by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called CHP, and The City of Newport Beach hereinafter called - -- --- - WITNESSETH: By and in consideration of the covenants and conditions herein contained, City and CHP do hereby agree to the following terms and conditions: 1 When ® traffic control ❑ security services ❑ vehicle inspections ❑ other details for the 4th of July holiday_ are required, CHP agrees to provide uniformed personnel with motorcycles and/or patrol vehicles to assist with the control of vehicular and pedestrian traffic in the Balboa Peninsula area of the City 2. The term of this agreement will be 07/04/2011 to 07/05/2011 3. CHP Coordinator shall be Lieutenant Joe Reyes telephone number (714) 567-6000 4. In the event of a disaster or unforeseen emergency, this agreement may be canceled without prior notice by CHP. 5. This agreement may be amended in writing by mutual consent of the parties hereto. 6. The hours and miles indicated in this agreement are for estimate purposes only. Actual time and vehicle mileage will be charged. This includes travel between the CHP Division or Area office and the service location. 7. The rates indicated in this agreement are for estimate purposes only. Any increases in overhead, mileage, damaged uniforms, privately -owned safety equipment, salaries and benefits are governed by collective bargaining agreement and/ or statute. In the event of a rate increase, _ -- City - - - agrees to pay the increased rates. 8. In consideration for the above services and upon receipt of an itemized invoice, _ City agrees to reimburse CHP for the actual costs incurred at the time services are provided. Rates charged to City shall in no event exceed the actual costs to the CHP to perform the requested services. The following cost information is for estimate purposes only: Sergeant: 14 hrs. @ $ 95..-17 Officer: 243 hrs. @ $ 75.64 Vehicle mileage: - 500 miles @ $ 0.63 Motorcycle mileage: 1,_000_ miles @ $ 0.91 hovrs W Awr$ Other expenses: 135 motor w4ieom @ $78.25 &/t'sergeanti@ 91.98 TOTAL ESTIMATED COSTS (Estimate exceeding $50,000 shall be forwarded on a CHP 78, Contract Request, to Business Services Section, Contract Services Unit): 9. Payment/Deposit/Purchase Order shall be required before services can be performed. a. Amount of Deposit collected: $ b. Check Number/Purchase Order Number: c. Cash Receipt Number: Destroy Previous Editions $ 1,332.38 $ 18,380.52 $ 315.00 $ 910.00 $ 11,851.47 $ 32,789.37 r465_908.pdf 10. City agrees that additional charges, which are directly related to the services provided, may be assessed for CHP supplies, additional equipment utilized, damage to uniforms, or property repaired or replaced at CHP's expense. 11. If the CHP uniformed employee has reported to the assigned location and has worked less than four (4) hours, - City - agrees to pay every assigned uniform employee a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked are part of an extended shift. 12. --- —City - - - will not be charged for cancellations made more than 24 hours prior to the scheduled assignment. 13. City agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum of four (4) hours overtime will be charged for each assigned uniformed employee. 14. City agrees that if cancellation is made within 24 hours prior to the scheduled assignment and the CHP employee is notified of such cancellation, City— will only be charged a short notice cancellation fee of $50.00 per assigned CHP uniformed employee. 15. All cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Cancellation notices shall only be accepted by the appropriate CHP Division or Area office. 16. CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation. 17. No additional gifts, donations, or gratuities may be accepted by the California Highway Patrol employees on their behalf or on behalf of the Department, informal squad fund or other local funds. 18. A county, city, district, or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. E E. J. Barkl Printed Name _Captain Title - - -- - 675 - Santa Ana Area Location Code REQUESTOR'S NAME Date SignaVe Date For use by City/County Clerk �J(jDavid Kiff Attest Name City Clerk �r ��� Citv Manas Title P. O. Box 3080 n Address U - T e. Newport Beach CA 92658 City State Zip Code (949)644-3000 Approved as to form by Date Telephone Number APPROV This agreement under $50,000 is exempt from Department of General Services' approval in a c a w he t Administrative anual. CHP 465 (Rev. 9-08) OPI 071 (Back) Destroy Previous Editions c465_908.pdf I`� C1 Oev RESOLUTION NO. 2011-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING COUNCIL POLICY'S F -14 AND F-5 (AUTHORITY TO CONTRACT AND PURCHASE, PURCHASING AUTHORITY FOR GOODS AND MATERIALS) WHEREAS, Section 421 of the City Charter provides that by ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. WHEREAS, Section 421 of the City Charter provides that the City Council may designate and direct other officers of the City to bind the City through written contracts. WHEREAS, Section 1106 of the City Charter provides that under the control and direction of the City Manager there shall be established a centralized purchasing system for all City departments and agencies. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: Council Policy F -14, Authority to Contract and Purchase, attached hereto is hereby approved and adopted. Section 2: Council Policy F -5, Purchasing Authority for Goods and Materials, attached hereto is hereby approved and adopted. Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of January, 2011. ATTEST: P c - in, kv4i� City derk Mayor F -14 AUTHORITY TO CONTRACT FOR SERVICES PURPOSE AND LIMITATION The purpose of this policy is to set out the City's policy establishing authority for committing City funds for Service Contracts. This policy applies to all contracts for services, whether entered into through standard or emergency procedures, including but not limited to professional services, audit services, public works project services, public property maintenance and repair services, and maintenance, custodial and repair services for all City facilities. II. GENERAL AUTHORITY TO ENTER INTO CONTRACTS FOR SERVICES Provisions of the Charter govern the methods through which the City may be bound by contracts. Under the Charter, all contracting authority, with the exception of services rendered by a person in the employ of the City at a regular salary, rest with the City Council. The Charter states that the City shall not be bound by any contract or amendment thereto, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council (Charter § 421). The City Attorney shall approve the form of all contracts made by or amendment thereto and all bonds given to the City, endorsing his or her approval thereon in writing (Charter § 602(e)). The City Council may, however, by ordinance or resolution authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit.upon such authority. 111. DELEGATION OF AUTHORITY TO ENTER INTO AND AMEND CONTRACTS The City Council hereby delegates its authority to contract for services to the City Manager and through him or her to Department Directors, and to the City Attorney as set out below. All formalities required under the provisions of the Charter shall be applied to these contracts. As such, the City Attorney shall review, approve and sign all such contract documents prior to contract award and execution and the City Clerk shall sign all such contracts attesting to their being entered into by the City. Additionally, the City Manager shall adopt and enforce administrative procedures that assure all contracts are: (1) entered into at a reasonable, fair and competitive price to the City; (2) all necessary formalities are followed and the requirements of federal, state, and local laws, including Council policies, are met; (3) best accounting practices are followed; and (4) the contracting process of the City is open and transparent, and provides accountability. A. Authority to Enter Contracts The authority to enter into original contracts is delegated as set out below. F -14 The City Manager. The City Manager is authorized to award and sign contracts for services without prior Council approval in an amount not in excess of $120,000 provided that the services and funds were approved by the City Council as part of the annual Department budget or are available in an applicant deposit account. This authority shall not be delegated below the Assistant City Manager level. 2. Department Directors. Department Directors are authorized to award and sign contracts for services without prior City Manager or Council approval in an amount not in excess of $75,000 provided that the services and funds were approved by the City Council as part of the annual Department budget or are available in an applicant deposit account. This authority may not be delegated below the Department Director level. 3. City Attorney. The City Attorney is authorized to award and sign contracts for all services for outside counsel and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outside counsel and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, experts and related legal services were approved by the City Council as part of the approved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $120,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion. B. Authority to Amend Contracts If circumstances arise that were are not reasonably foreseeable by the parties at the time of contracting which make extra work necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager and Department Directors are authorized to amend a contract as set out below. For purposes of this policy, "total contract amount" shall be defined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. "Original contract amount" shall be defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation last approved to by the City Council, whichever is greater. City Manager. The City Manager may sign and award a contract amendment on a contract approved by the Council if the total cost of services will not exceed 125% of the original contract amount, or increase the original contract by more than $120,000, whichever amount is lesser. Otherwise the City Manager may sign and award a contract amendment so long as the total contract amount as amended does not exceed $120,000. t F -14 1 Department Directors. The Department Director overseeing the contract may sign the contract amendment if that amendment will not cause the total contract amount to exceed $75,000. 3. Amendments in Cases of Possible Work Stoppage or Undesirable Delay. In certain situations, the City Manager and the Department Director in charge of the contract may determine that an amendment is needed that will cause the total contract amount to exceed the City Manager's amendment signing authority, and that the timing is such that a work stoppage or other undesirable consequence will result if approval of the change is delayed until the next City Council meeting. In those situations, the City Manager may approve an amendment that increases the total contract amount up to 150% of the original contract. However, the City Manager will notify all City Council Members individually if this situation develops, and if any individual Council Member objects to the increase, a special meeting of the City Council will be called to address the issue. 4. Amendments Necessary to Address Emergency Situations In event of emergency work that requires an amendment to an existing contract, the emergency contracting policy outlined below may be followed. IV. TYPES OF SERVICES CONTRACTS AND HOW TO AWARD THEM It is recognized that by their nature, service contracts cannot always be awarded as a result of a competitive bid process. However, competitive proposals should be obtained whenever possible before resorting to negotiated awards. A. Professional Services Consultant Selection Professional consultant services differ from other services in that they are of a professional nature, and due to the ethical codes of some of the professions involved, as well as the nature of the services provided, do not readily fall within the competitive bidding process. Professional consultants should be individually selected through a qualifications -based selection process for a specific project or service on the basis of demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost. The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual. This policy shall include, but not be limited to, services in the following fields: Engineering (civil, mechanical, electrical, structural, traffic, geotechnical, etc.) 3 F -14 Building plan review and grading plan review and /or inspection services • Architecture • Landscape Architecture • Construction Project Management Firms • Environmental Planning • Economic Analysis • Property Appraisals • Land Surveying • Financial Services • Data Processing Services • Legal Services not otherwise authorized in Section A(3) of this Policy B. General Services Agreements General Services Agreements are not strictly professional in nature, but arise where operations, repair and maintenance services, or other services of a non - professional nature, are provided to the City. Agreements that typically fall into this category are for repair and maintenance of roadways, landscape maintenance, repair and maintenance of City faculties, and other such non - professional services. The City shall select general services contractors though a request for proposal process that is implemented in order to determine the most qualified proposer and obtain the most competitive price. Both qualifications and pricing shall be considered when awarding such contracts. C. Capital Improvement Program Contracts for public works shall be awarded consistent with the provisions of Charter Section 1110 and Article 15.75 of the Newport Beach Municipal Code as updated and amended from time to time. Under the terms of City Charter Section 1110, contracts for public works that exceed $120,000 in total expenditures must be awarded by the City Council though the conducting of a formal bidding process. At its option, the City Council may direct that such contracts be signed by the Mayor, the City Manager or the Public Works Director. 4 F -14 D. Independent Instructional and Recreation Contractors Where contractors are paid for services from fees collected for the services provided, Department Directors are authorized to award and sign contracts with independent contractors for instructional, educational, cultural, or recreational purposes where the fees paid by the City are based upon either a percentage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor. Contracts with such independent contractors may be up to two (2) years in duration. Should fees paid to any contractor exceed $75,000 during the term of the contract, the Department Director shall provide written notice to the City Manager identifying the program, independent contractor and anticipated total fees to be paid. The City Manager shall give written notice to the City Council should fees paid exceed $120,000. E. On -Call and Emergency Contracts for Services Under limited circumstances the use of formal contracting procedures to procure services is not an effective or an efficient use of City resources. The following contracting procedures are authorized for entering into on -call agreements for services as needed and for procuring services in times of emergency. On -Call Agreements. The City Manager and Department Directors are authorized to enter into on -call agreements for obtaining services on an as needed basis, including, but not limited to, professional services and repair and maintenance services, that are needed from time to time where the size of the job does not warrant the expense of entering into individual agreements for each service. On -call agreements must be within the authority of the individual entering into the agreement on behalf of the City and they cannot extend longer than two (2) years. Funds shall be encumbered on a per project basis as opposed to a contract basis. Selection of consultants and contractors for award of on- call agreements shall be consistent with the award procedures for the type of contract being awarded as set out above. Procedures for entering into on -call agreements shall be prescribed by the City Manager in the Administrative Procedure Manual. 2. Emergency Contracts for Services. If a contract for services is necessary under the provisions of Newport Beach Municipal Code Section 2.20.020, the City Emergency Procedures shall be followed. If a contract for services is entered into in times of urgent necessity under the authority of Newport Beach City Charter Section 1110, and the contract amount exceeds the signing authority of the relevant Department Director or City Manager as authorized in this Policy, then that contract shall be brought to the City Council at its next regularly scheduled meeting for review. 5 F -14 Whenever possible, the City shall enter Emergency On -Call Agreements with contractors or consultants who can be relied upon to assist the City in advance of any actual emergency. Emergency On -Call Agreements shall be submitted to Council for approval after being reviewed and approved by the Office of the City Attorney. After the Emergency On -Call Agreement is approved, services provided on an emergency basis under an Emergency On -Call Agreement may be retained by oral commitment of the City Manager (or, in the case of an emergency described by Municipal Code Section 2.20.020, the Director or Assistant Director of Emergency Services), to be memorialized in a Letter Agreement between the parties as soon as possible thereafter. When a written contract has been entered into in order to address an emergency, a copy of the written contract shall be provided to the City Clerk as soon as possible. V. GENERAL PROCEDURES A. Contract Retention The City Clerk shall retain all original executed service contracts in accordance with the City's current adopted Records Retention Schedule. Contracts shall be posted into the City's electronic document data base in order to maintain transparency in contracting. B. Insurance All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City's published Schedule of Insurance (or as otherwise approved by the City's Risk Manager. F -14 FUTURE AMENDMENTS TO POLICY Any future changes in the provisions of this Policy shall be made by resolution of the City Council. Adopted - January 24,1994 Amended - April 13, 2004 Amended by Resolution No. 2006 -35 - May 9, 2006 Amended by Resolution No. 2011 -15 - January 25, 2011 U STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } 1, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -15 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of January, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of January, 2011. City Cler c Newport Beach, California (Seal)