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Agenda Item
ASR
Control 24-000052 |
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MEETING
DATE: |
03/26/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
1,
5 |
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SUBMITTING Agency/Department: |
OC
Community Resources (Approved) |
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Department contact person(s): |
Dylan
Wright (714) 480-2788 |
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Pam
Passow (714) 973-6650 |
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Subject: Approve
Contract Amendment for Lifeguard Services at OC Parks Coastal Operations
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current
Year Cost: $112,526 |
Annual
Cost: FY 2024–25 $327,110 |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/6/2022 #25, 10/18/2022 #28 |
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RECOMMENDED
ACTION(S):
Authorize the
County Procurement Officer or Deputized designee to execute Amendment No. 3 to
the Contract with U.S. Ocean Safety, Inc. dba OC Lifeguards for lifeguard
services at various County beaches, to increase the total contract amount by
$615,294, effective upon Board approval through December 31, 2025, for a
revised cumulative three-year total contract amount not to exceed $6,738,240.
SUMMARY:
The approval of
Amendment No. 3 to the contract with U.S. Ocean Safety, Inc. will help maintain
public safety measures through the continuation of vital lifeguard services at
County beaches.
BACKGROUND
INFORMATION:
OC Community
Resources/OC Parks (OCCR/OC Parks) manages various County beaches at five
locations along the coast from the Santa Ana River Jetty Beach in the north to
Poche Beach in the south. In 2023, County-operated beaches received
approximately 5.8 million visitors. OCCR/OC Parks utilizes the services of a
contractor to provide lifeguard services (Services) at these locations. The
Services include providing year-round ocean lifeguard services utilizing a
combination of lifeguard monitoring techniques, dependent upon the type of
beach, surf conditions, known hazards, beach attendance and beach use patterns.
Service activities specifically comprise of monitoring, educating and advising
the public, conducting rescue activities, emergency response, closing and
evacuating beaches and other public safety activities. Staffing needs for
Services fluctuate seasonally in relation to environmental and demographic
factors that affect beach conditions and visitation. The two most significant
factors impacting lifeguard staffing levels are the weather and the local
school break period, which affect visitation numbers to County beaches. After
an evaluation of internal resources, it was determined that it would be more
cost effective to utilize a contractor for these Services.
On October 18,
2022, after a competitive procurement process, the Board of Supervisors (Board)
approved Contract MA-012-23010125 (Contract) with U.S. Ocean Safety, Inc. dba
OC Lifeguards (Contractor) effective January 1, 2023, through December 31,
2025, in an amount not to exceed (NTE) $3.07 million for Year One of the
contract with a Consumer Price Index adjustment of 2.5 percent for Years Two
and Three, for a cumulative three-year total contract NTE amount of $9,442,169,
with the option to renew for two additional one-year terms.
On December 6,
2022, the Board approved a Cooperative Transfer Agreement with the City of
Laguna Beach (City) that transferred full ownership of Aliso Beach, Camel Point
Beach, Table Rock Beach and Thousand Steps Beach, among other properties, to
the City.
On February 21,
2023, as a result of the property transfer, Amendment No. 1 to the Contract was
administratively executed under Deputy Purchasing Agent delegated authority to
reduce the service area for contracted Services. The four locations were removed
from the service area, and the Contract’s cumulative NTE amount was decreased
to $6,122,946, effective March 1, 2023, through December 31, 2025.
Amendment Number 2
to the Contract was administratively executed under Deputy Purchasing Agent
delegated authority on December 14, 2023, to revise the Articles to align with
County standard language.
Due to inflation,
heightened wage competition and increased staffing needs, Amendment No. 3
(Amendment) to the Contract has been prepared to increase the Contract’s
cumulative NTE by $615,294, from $6,122,946 to $6,738,240, effective upon Board
approval through December 31, 2025. No change in the Contract terms, conditions
or scope of work have been requested by the Contractor. A breakdown of annual
costs can be found in Attachment B – Payment and Compensation, within the
Amendment.
The Contractor is a qualified firm based
in Dana Point with over 34 years of experience related to the Services under
the proposed contract. The Contract does not currently include subcontractors
or pass through to other providers. See Attachment C for the Contract Summary
Form. The Contractor’s performance has been confirmed as satisfactory. OCCR/OC
Parks has verified there are no concerns that must be addressed with respect to
Contractor’s ownership/name, litigation status or conflicts with County
interests. The Orange County Preference Policy is not applicable to this
contract amendment.
Compliance
with CEQA:
This action is not a project within the meaning of CEQA Guidelines Section 15378
and is therefore not subject to CEQA since it does not have the potential for
resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. The
approval of this agenda item does not commit the County to a definite course of
action in regard to a project since the action is for the approval of an
amendment to the contract with US Ocean Safety, Inc. for lifeguard services at
County beaches. The proposed activity is therefore not subject to CEQA. Any
future action connected to the approval that constitutes a project will be
reviewed for compliance with CEQA.
FINANCIAL IMPACT:
Appropriations for
this Contract are included in OC Parks Fund 405 FY 2023–24 Budget and will be
included in the budgeting process for future years.
The proposed Contract includes a provision
stating the Contract is subject to, and contingent upon, applicable budgetary
appropriations approved by the Board for each fiscal year during the term of
this Contract. If such appropriations are not approved, this Contract may be
immediately terminated or modified without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A — Amendment No. 3 to
Contract Number MA-012-23010125
Attachment B — Contract MA-012-23010125 Redline
Attachment C — Contract Summary Form