Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-000201

 

MEETING DATE:

05/07/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 

 

 

Kevin Onuma (714) 647-3939

 

 

Subject:  Approve Cooperative Services Agreement with the City of Dana Point

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: FY 2019-20 $1,237,031
FY 2020-21 $1,237,031
FY 2021-22 $1,237,031
FY 2022-23 $1,237,031
FY 2023-24 $1,237,031

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: Road Fund 115: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 6/17/2014 #62, 6/23/2009 #74, 7/24/2007 #24, 7/1/2003 #61

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the proposed project is Categorically Exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines, Section 15301.

 

2.

Approve Cooperative Services Agreement with the City of Dana Point for certain road maintenance and operation functions for the public streets located within the city limits for a period of five years effective July 1, 2019, through June 30, 2024, in an amount not-to-exceed $1,237,031 per year for a cumulative total not-to-exceed $6,185,155.

 

3.

Authorize the Director of OC Public Works or designee to execute minor amendments to the agreement and to exercise contingency cost increases in an amount not to exceed 10 percent of the annual Cooperative Services Agreement amount per fiscal year.

 

 

 

 

 

 

SUMMARY:

 

Approval of a Cooperative Services Agreement with the City of Dana Point will support the continued provision of cooperative municipal services and functions for the City of Dana Point by OC Public Works, with all costs 100 percent recoverable from the City of Dana Point.

 

 

 

BACKGROUND INFORMATION:

 

OC Public Works has provided road maintenance and operations services (Services) to the City of Dana Point (City) since its incorporation in 1989 and, prior to that, as a County of Orange (County) unincorporated area. Services include, but are not limited to, road repair, traffic engineering, traffic striping and stenciling, traffic sign fabrication and maintenance, herbicide/manual weed control, weed abatement, drain cleaning, City right-of-way inspection and administration and dedicated maintenance staff. 

 

On July 1, 2003, the Board of Supervisors (Board) approved Agreement D02-135 with the City for Services. On July 24, 2007, the Board approved the extension of Agreement D02-135, for Services which expired on June 30, 2009. On June 23, 2009, the Board approved Agreement D09-001, for Services which expired on June 30, 2014.

 

On June 17, 2014, the Board approved Agreement D14-003, which will expire June 30, 2019. The City wishes to continue Services with the County. In addition, the Board authorized the Director of OC Public Works or designee to exercise a cost increase or decrease in an amount not-to-exceed 10 percent of the annual amount of each preceding period, in accordance with the terms and conditions of the agreement. All costs associated with the Services are 100 percent recoverable from the City.

 

Agreement MA-080-19011380 (Agreement) supersedes and replaces Agreement D14-003 and relevant supplements. The recommended Agreement will support the continued provision of OC Public Works' Services for a five-year period effective July 1, 2019, through June 30, 2024, at a cost of $1,237,031 per year. The Agreement provides the flexibility to annually evaluate the work plan and budget and make mutually agreed upon adjustments as needed. In the event the County provides unplanned work, such as additional work beyond the work plan as requested by the City, the County shall be compensated by the City for the work at the prices, rates and fees set forth in the annual work plan. In the event the County provides unplanned work, such as emergency work necessitated by accidents, storms, other natural disaster requested by the City, the County shall be compensated by the City for the work in an amount agreed upon by the County and City prior to the performance of the emergency work.

 

OC Public Works requests the Board approve the Agreement with the City for Services for a period of five years effective July 1, 2019, through June 30, 2024, in an amount not to exceed $1,237,031 per year. Additionally, OC Public Works requests the Board authorize the Director of OC Public Works or designee to execute minor amendments to the Agreement and to exercise contingency cost increases in an amount not to exceed 10 percent of the annual amount per fiscal year.

 

Compliance with CEQA: The proposed project is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301, because it involves maintenance of existing facilities involving negligible or no expansion of existing use.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and revenue for this Agreement will be included in the FY 2019-20 Budget for Fund 115, OC Road. All costs associated with the Agreement are 100 percent recoverable from the City.

 

The City or the County may at any time for any reason, with or without cause, terminate this Agreement, or any portion by serving upon the non-terminating party a written Notice of Termination at least six months prior to the date of termination. The terminating party shall not be obligated to explain its reasons for termination. If the terminating party terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Agreement MA-080-19011380
Attachment B - Dana Point Work Plan