AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000794
MEETING DATE:	10/05/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	2
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Kevin Onuma (714) 647-3939
	Edward Frondoso (714) 245-4596

Subject: Approve Amendment #1 to Street Sweeping Services Agreement with Rossmoor

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: See Financial Impact Section

Annual Cost: See Financial Impact Section

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: Fund 115: 100%	County Audit in last 3 years: No

Prior Board Action: 5/7/2019 #6, 4/29/2014 #28

RECOMMENDED ACTION(S):

Execute Amendment #1 to Cooperative Services Agreement with the Rossmoor Community Services District for Street Sweeping Services in the unincorporated areas within the Rossmoor Community Services District’s sphere of influence, in an amount not to exceed $80,000 annually for the remaining term of the Cooperative Services Agreement.

Authorize the Director of OC Public Works, or designee, to amend the Cooperative Services Agreement so long as any future amendments does not increase compensation by more than 10 percent of the annual amount listed in Amendment #1 or materially alters the Street Sweeping Services.

SUMMARY:

Approval of Amendment #1 to the Cooperative Services Agreement with the Rossmoor Community Services District for Street Sweeping Services will support the County of Orange External Restructuring Policy by providing efficient delivery of municipal services to unincorporated areas.

BACKGROUND INFORMATION:

Since 1995, the Board of Supervisors (Board) placed emphasis on developing a comprehensive strategy to address Countywide service delivery issues. In 1996, the Board adopted the County of Orange (County) External Restructuring Policy Report to identify the governmental agency responsible for public service delivery. In the report, the Board identified the County's core businesses of public safety, public health, environmental protection, regional planning, public assistance, social services and aviation. The report also discussed the County working collaboratively with cities and single purpose agencies to delineate other service needs and the delivery of those services.

In support of this Board policy, the County and the Rossmoor Community Services District (District) reached an agreement for the District to provide Street Sweeping Services (Services) to the unincorporated areas within the District’s sphere of influence (Sphere). Prior Board actions are summarized in the table below.

Action Date	Approved by	Agreement No.	Effective Date	End Date	Amount
July 1, 2009	County Procurement Officer	MA-080-10010049	July 1, 2009	June 30, 2014	$52,000
April 29, 2014	Board	D14-014 (renewable up to four years)	July 1, 2014	June 30, 2015	$55,000
July 1, 2015	Automatic renewal	D14-014	July 1, 2015	July 30, 2016	$55,000
July 1, 2016	Automatic renewal	D14-014	July 1, 2016	July 30, 2017	$55,000
July 1, 2017	Automatic renewal	D14-014	July 1, 2017	July 30, 2018	$55,000
July 1, 2018	Automatic renewal	D14-014	July 1, 2018	July 30, 2019	$55,000
May 7, 2019	Board	MA-080-19011372	July 1, 2019	No End Date*	$60,000

* The effective dates identified on ASR 19-000200, approved by the Board on May 7, 2019, refer to the annual not to exceed amount, not the agreement term.

The current Cooperative Services Agreement MA-080-19011372 (CSA) allows for Services two times per month. The District wishes to alter the street sweeping schedule to four times per month (twice for the side of the streets with even addresses and twice for the side of the streets with odd addresses) to alleviate parking issues for the residents of the District stemming from the Services. This alteration to the schedule for Services requires an increase in the amount paid to the District. The District provided the increased not to exceed amount used in Amendment #1 to the current CSA. Once the Board approves the increased amount, the District will finalize the schedule and enter into a street sweeping contract with a contractor. There are no changes to the term of the CSA, which will remain in effect from July 1, 2019, until terminated by either the County or the District on or before January 1, 2022.

Recommended Action #2 clarifies the County’s intent to follow Section 5 of the CSA allowing for amendments to be made if agreed upon by the Director of OC Public Works or designee on behalf of the County and by the District General Manager or designee on behalf of the District as long as any amendment does not increase compensation by more than 10 percent of the annual agreement amount or materially alter the Services. This provision will allow for any future increases in costs within these limitations if necessitated by cost increases during the life of this CSA.

OC Public Works is recommending that the Board approve Amendment #1 to the CSA No. MA-080-19011372 in the amount of $80,000 annually for the remaining term of the CSA.

Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from CEQA pursuant to Section 15301 (Class 1) of the CEQA Guidelines, on May 7, 2019, when it originally approved. CEQA Guidelines Section 15301 provides for the exemption of maintenance of existing facilities involving negligible or no expansion of existing use.

FINANCIAL IMPACT:

Appropriations for this CSA are included in the FY 2021-22 Budget for Fund 115, OC Road, 100 percent and are pro-rated costs at $60,493. FY 2022-23 costs are anticipated to be $80,000 but are subject to an annual increase in an amount not to exceed 10 percent, and will be included in the budgeting process for future years.

The proposed CSA includes a provision stating that the CSA is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of the CSA. If such appropriations are not approved, the CSA may be terminated without penalty to the County.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment #1 to CSA No. MA-080-19011372
Attachment B - Redline to Amendment #1 to MA-080-19011372