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RPVCCA_SR_2010_04_06_09_MRCA_ServicesCITY OF RANCHO PALOS VERDES MEMORANDUM TO:HONORABLE MAYOR &CITY COUNCIL MEMB~Q$}NIl) FROM:TOM ODOM,INTERIM DIRECTOR,REC.~~~IVV DATE:APRIL 6,2010 SUBJECT:MRCA PARK RANGER SERVICES REVIEWED:CAROLYN LEHR,CITY MANAGER 09--- Staff Coordinator:Katie Howe,Administrative Analyst II RECOMMENDATION 1)Approve a one-year agreement in the amount of $113,090 with the Mountains Recreation and Conservation Authority for park ranger services;and 2)Adopt Resolution No.2010-_,a resolution of the City Council of the City of Rancho Palos Verdes,amending Resolution No.2009-40,the Budget Appropriation for FY09-10,to amend the General Fund Budget. BACKGROUND On December 15,2009,the City of Rancho Palos Verdes contracted with the Mountains Recreation and Conservation Authority (MRCA)for park ranger services within the City's 1 AOO-acre Palos Verdes Nature Preserve.The contract was for 120 days and was considered a pilot program.The contract expires April 13,2010. The City decided to implement park ranger services after the completion of the Preserve Trails Plan (PTP)element of the Public Use Master Plan (PUMP),since this trails plan invited and illustrated to the public the extensive opportunities for recreation on Preserve trails.Park ranger services assist the City to protect the Preserve habitat and provide measures of public safety.The implementation of a park ranger program was also specifically recommended by the consulting group,Management Partners, hired by the City in 2008,to perform an organizational assessment and provide the City with recommendations to enhance efficiency and public service.Implementation of a ranger program was approved by Council in June 2009 and $84,866 was included in the FY 09-10 Budget for the program. MRCA Rangers have patrolled the Palos Verdes Nature Preserve,enforcing City ordinances and open space rules and regulations,beginning December 15,2009. Rangers initially focused patrols in the Portuguese Bend Nature Reserve portion of the 9-1 MRCA Agreement for Park Ranger Services April 6,2010 Page 2 Preserve due to frequent use and closures of areas damaged by the August 2009 Palos Verdes Fire.Rangers have also patrolled the popular areas of Abalone Cove Shoreline Park and ForrestaI Reserve. DISCUSSION Staff has been pleased with the services provided by the MRCA Rangers,and recommends approval of a one-year contract for extended ranger services.The contract proposed increases patrol hours from 30 hours per week,to 40 hours per week.The contract accounts for one hour of travel time per ranger commute to the City of Rancho Palos Verdes;broken into 30 minutes of travel to the City,and 30 minutes returning to various ranger bases,including Santa Monica,the San Fernando Valley, and Whittier.Staff will coordinate park ranger shifts to minimize driving costs and maximize patrol time.The new contract also includes the provision for rangers to provide quarterly interpretive programs. During the ranger patrols beginning December 15,rangers have provided approximately 370 patrol hours,made approximately 140 contacts with Preserve users, issued 13 citations,and have given 41 warnings.Rangers report a good compliance rate.During their patrols,rangers enforce City ordinances,and issue warnings and citations when necessary.Rangers also perform minor maintenance,such as graffiti and litter removal and signage installation.Below is a breakdown of warnings and citations issued,and maintenance performed from December 15,2009 through March 30,2010. Citations Issued:13 •Equestrians in closed burn area:1 •Mountain bikers in closed burn area:4 •Parasailing (prohibited):1 •Dogs off leash:4 •Unauthorized vehicle use (mini-moto):1 •Damage to flora/fauna:2 Warnings Issued:41 •Hikers in closed burn area:12 •Parasailers (preparing to launch):2 •Dogs off leash:20 •After hour use:6 •Use of air soft pistols:1 Maintenance Performed: •Instances of graffiti removal:3 •Trail marker repair:35 •Signs installed (closed areas):20 W:\STAFFRPT\2010 Staff Reports\Park Ranger\201 O.04.06MRCA_StaffReport.doc 9-2 MRCA Agreement for Park Ranger Services April 6,2010 Page 3 FISCAL IMPACT The one-year agreement is in the amount of $113,090.To cover April 13,2010 through June 30,2010,$24,000 will be appropriated into the Recreation and Parks Administration Program budget -Professional/Technical Services.The full year cost will be included in the draft FY10-11 budget.Below is the related fiscal impact matrix. FISCAL IMPACT MATRIX Proposed Project Budget Existing Appropriation? Outside Funding Source Outside Funding Amount City Funding Source City Funding Amount Estimated fiscal year end available fund balance after City Council action (net of reserve level,if applicable) Attachments: Resolution 2010-_ General Fund Reserve Schedule MRCA Agreement W:\STAFFRPT\2010 Staff Reports\Park Ranger\2010.04.06MRCA_StaffReport.doc 9-3 RESOLUTION NO.2010-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION NO.2009-40,THE BUDGET APPROPRIATION FOR FY09-10,TO AMEND THE GENERAL FUND BUDGET. WHEREAS,on June 30,2009,the City Council of the City of Rancho Palos Verdes adopted Resolution No.2009-40,approving the City's budget for FY09-10;and WHEREAS,The City entered into a 120-day contract with the Mountains Recreation and Conservation Authority on December 15,2009 for Park Ranger Services within the Palos Verdes Nature Preserve for a trial period;and WHEREAS,The City has been pleased by the service provided by the rangers during the trial period,and the rangers have been instrumental in enforcing proper Preserve use and trail closures resulting from the August 2009 Palos Verdes Fire damage;and WHEREAS,the current agreement expires on April 13,2010,and the City wishes to enter into a one-year agreement for rangers services;and WHEREAS,the full year cost for ranger services is $113,090,and $24,000 is needed to cover ranger services through the end of FY09-10 (April 13,2010 -June 30,2010),and the full year cost will be included in the draft FY10-11 budget; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS: The following adjustments be made to the FY09-10 budget: Increase the General Fund Budget as follows: Recreation Admin #101-5010-451-32-00 Professional Services $24,000 PASSED,APPROVED,AND ADOPTED THE 6th DAY OF APRIL 2010. Mayor Attest: City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) 9-4 I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution No.2010-_was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on April 6,2010. City Clerk 9-5 FY09-10 Statement of Estimated General Fund Reserves Attachment A Expenditures '.:.?"f;'::1":G..::....:......'.r-~.:.. Ending Reserves @/:/' (91,000) Net Transfers :W:{y::::~":::; 24,000 (24,000) (55,000) 329,400(205,499) 1,800,000 Revenues 0:::::/.,","' 1,265,382 3/2/2010 3/2/2010 4/6/2010 1/19/2010 11/17/2009 12/15/2009 11117/2009 11/17/2009 -" Terranea TOT Evaluate Ci ide Sewer Fee Open Space Park Ran ers Retirement Health Savings Retroactive Contribution Lower Hesse Park and Grandview Park Conceptual Desi n Geotechnical Review of Monks Plaintiffs' Landslide Moratorium Exception Applications FY08-09 Results Adjustments: Midyear Ad'ustments -Other Net Transfers include both operating transfers from and to the General fund,Originally budgeted Net Transfers are adjusted when staff becomes aware that an additional operatin transfer is needed to satis an unantici ated shortfall within another fund;and that shortfall must be funded with General fund monies. Ending Reserves are the estimated 6/30/10 General fund reserves at the time of budget adoption,Adjusted Ending Reserves is a calculation based on subse uent ad'ustments to Be innin Reserves,Revenues,Ex enditures and Net Transfers. 9-6 MOUNTAINS RECREATION &CONSERVATION AlITHORITY Los Angeles River Center and Gardens 570 West Avenue Twenty-six,Suite 100 Los Angeles,California 90065 Phone (323)221-9944 Fax (323)221-9934 March 18,2010 Walt Young,Chief Ranger Mountains Recreation and Conservation Authority 2600 Franklin Canyon Drive Beverly Hills,CA 90210 Letter of Agreement Contract Number _ The City of Rancho Palos Verdes ("City")would like to enter into a letter of agreement ("Agreement")with the Mountains Recreation and Conservation Authority ("MRCA")for open space management. 1.Scope of Work MRCA proposal submitted on March 18,2010,is attached hereto and incorporated herein by reference.MRCA will provide Ranger Services in the contracted areas. City Ordinances will apply to the contracted areas addressed in the proposal. 2.Compensation The City agrees to compensate MRCA for services rendered based on an hourly rate of $54.37 per hour.This amount represents the compensation to be paid to MRCA by City for all work to be done by MRCA,including all allowable costs. 3.Time Schedule The schedule of work to be completed by MRCA includes delivery of work product or services discussed in Scope of Work.Work should be completed in accordance with the final time schedule by MRCA and agreed to by City. 4.Indemnification MRCA agrees to indemnify and hold City harmless from and against any claim,action damages,costs (including,without limitation,attorney's fees),injuries,or liability,arising out of the performance of this agreement by MRCA.Should City be named in any suit, or should any claim be brought against it by suit or otherwise,arising out of performance by MRCA of services rendered pursuant to this Agreement,MRCA will defend City (at City's request and with counsel satisfactory to City)and will indemnify City for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. A public entity ofthe State of California exercisingjoint powers ofthe Santa Monica Mountains ConseNancy,the Conejo Recreation and Park District,and the Rancho Simi Recreation and Park District pursuant to Section 6500 et seq.ofthe Government Code 9-7 2 5.Insurance A.General Insurance Requirements 1.All insurance shall be primary insurance and shall name City of Rancho Palos Verdes as an additional insured.The naming of an additional insured shall not affect any recovery to which such additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are an additional insured thereon. 2.MRCA agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which MRCA may be held responsible for the payment of damages to persons or property resulting from MRCA activities,the activities of its sub consultants,or the activities of any person or persons for which MRCA is otherwise responsible. 3.A Certificate of Insurance,and an additional insured endorsement (for general and automobile liability),evidencing the above insurance coverage with and a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. 4.The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier,for nonpayment of premiums otherwise,without 30 days' prior written notice of amendment or cancellation to City.In the event the said insurance is canceled,MRCA shall,prior to the cancellation date,submit new evidence of insurance in the amounts heretofore established. 5.All required insurance must be in effect prior to awarding the contract,and it or a successor policy must be in effect for the duration of the contract. Maintenance of proper insurance coverage is a material element of the Agreement,and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. If MRCA,at any time during the term of this Agreement,should fail to secure or maintain any insurance required under this Agreement,City shall be permitted to obtain such insurance in MRCA's name and shall be compensated by MRCA for the cost of the insurance premiums. B.General Liability and Property Damage Insurance MRCA agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury,including death there from,suffered or alleged to be suffered by any person or persons whomsoever,resulting directly from any act or activities of MRCA,its sub consultants,or any person acting for MRCA or under its control or direction,and also to protect against loss from liability by law for damages to any 9-8 3 property of any person caused directly or indirectly by or from acts or activities of MRCA,or its sub consultants,or any person acting for MRCA,or under its control or direction.Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss.Such general liability and property damage insurance shall be maintained in the following minimum limits:A combined single-limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. C.Automotive Insurance MRCA shall procure and maintain public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit.If MRCA does not own automobiles,MRCA shall provide a waiver releasing City from all liability resulting from MRCA's use of personal vehicles on project. D.Worker's Compensation Insurance MRCA shall procure and maintain Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or as will fully comply with the laws of the State of California and which shall indemnify,insure,and provide legal defense for both MRCA and City against any loss,claim,or damage arising from any injuries or occupational diseases happening to any worker employed by MRCA in the course of carrying out the Agreement. 6.W·9 Form -Request for Taxpayer Identification Number &Certification Pursuant to Senate Bill 542,chaptered in 1999,the Employment Development Department (EDD)of the State of California requires that a W-9 Form be filed by all vendors for all contracts entered into with the City of Rancho Palos Verdes that meet or exceed $600 in value.MRCA agrees to complete all required forms necessary to comply with EDD regulations. 7.Conflict of Interest MRCA will comply with all conflict of interest laws and regulations including,without limitation,City's conflict of interest regulations. (Signatures on next page) 9-9 IN WITNESS WHEREOF,the parties hereto have executed this contract the day and year hereinabove written. FOR CONTRACTOR: By:_ Print Name &Title Date:_ FOR CITY OF RANCHOS PALOS VERDES: Stefan Wolowicz,MAYOR By:_ Date:_ ATTEST: By:_ For City Clerk Date:_ APPROVED AS TO FORM: Carol Lynch,CITY ATTORNEY By:_ City Attorney Date:-------------------- 4 9-10 EXHIBIT A PROPOSAL March 18,2010 (Attached) 5 9-11 MOUNTAINS RECREATION &CONSERVATION AUTHORITY Los Angeles River Center and Gardens 570 West Avenue Twenty-six,Suite 100 Los Angeles,California 90065 Phone (323)221-9944 Fax (323)221-9934 March 18,2010 Carolyn Lehr,City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes,CA 90275 Proposal for Ranger Patrol Services Dear Ms Lehr: Per your request,the Mountains Recreation and Conservation Authority (MRCA)are submitting a proposed scope of services to provide MRCA Ranger Patrol Services in the Palos Verdes Nature Preserve. Location:Palos Verdes Nature Preserve Scope of Work:The MRCA will provide on average 40 Ranger patrol hours per week and other duties assigned in the Palos Verdes Nature Reserve.Rangers carry firefighting equipment in their vehicles to extinguish small fires.Special directed patrols, administrative and court related expenses may be included within the contract hours or billed separately at the direction of the City.Emergency callouts,over and above the routine patrol hours,will be billed at actual costs.Rangers will enforce the City of Rancho Palos Verdes Ordinances and/or MRCA Ordinances to provide park and resource protection for these properties at the direction of the City.Rangers will provide interpretative programs at least once a quarter and will be billed at the direction of the City as part of the routine Ranger patrol hours or at actual cost.Maintenance duties will include trash removal,graffiti removal,and abatement of minor hazards.The labor cost includes all payroll,vehicle and related personnel expenses. Budget: Item Hourly Rate Ranger Patrol $54.37 (including 1 hour drive time per Ranger and/or Shift) Total Estimated Annual Costs Estimated Hours 2080 Estimated Cost $113,089.60 $113,089.60 A public entity ofthe State ofCalifornia exercisingjoint powers ofthe Santa Monica Mountains Conservancy,the Conejo Recreation and Park District,and theRancho Simi Recreation and Park District pursuant to Section 6500 et seq.ofthe Government Code9-12 Billing: 2 The MRCA will invoice on a quarterly basis,providing status reports with each payment request. Term of Agreement:April 13,2010 -April 12,2011 We look forward to continuing our mutually beneficial partnership.If this proposal is approved,please send a Notice to Proceed and Purchase Order to the attention of Jeff Jones,Assistant Financial Officer,at the above address. If you have any questions,I can be reached at (310)858-7272 extension 139 Sincerely, Jewel Johnson Supervising Ranger II 9-13