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RESOLUTION NO. 2016-169 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADVANTAGE SENTRY AND PROTECTION, INC. TO PROVIDE TRANSPORTATION SERVICES FOR PRISONERS, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
After extensive research and careful analysis, the Police Department requests to amend the compensation rate and term of the existing agreement with Advantage Sentry and Protection, Inc. for prisoner transportation services.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
N/A
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In August 2012, the Police Department entered into an Agreement with Advantage Sentry and Protection, Inc. (ASAP) to provide transportation services for prisoners following City Council approval in Resolution 2012-153. The Original Agreement was for a one-year term, August 1, 2012 to July 31, 2013, and allowed for five (5) additional one-year extensions by mutual agreement of both parties. In subsequent years, the parties have administratively executed three of five allowable one-year extensions of the Original Agreement.
In June 2015, ASAP contacted the Police Department and requested a fourth extension of the Original Agreement, and also requested an increase in their hourly rate from $28.00 per hour to $35.00 per hour. ASAP requested the increase based on increasing costs, including a legislative increase in the hourly minimum wage. Subsequently, the Police Department conducted research to evaluate ASAP’s proposed hourly rate and compared it with that of providers offering equivalent services within the San Diego region. Based on that research, the Police Department determined that every other available service provider in the region, except one, was significantly more expensive that ASAP’s proposed rate. Further, the one vendor that could match or beat ASAP’s proposed rate already has a separate contract with the Police Department for other services. That particular vendor has not been responsive to repeated requests for information and, as a result, has been difficult to manage. Therefore, the Police Department does not consider that vendor a reasonable alternative.
As a result, the Police Department and ASAP now mutually desire to extend the Original Agreement for a fourth one-year extension, and to amend the hourly rate from $28.00 per hour to $35.00 per hour.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This amended agreement impacts the goals of Operational Excellence, Economic Vitality, and Strong and Secure Neighborhoods. Both the existing and proposed hourly rates are less expensive than all other viable service providers found in the region. Through the use of this transportation contract, police officers are not needed to transport prisoners outside the city limits to other correctional institutions, freeing those officers to spend more time on the streets of Chula Vista. Since Fiscal Year 2010/2011, this transportation contract has saved police officers more than 12,000 hours of transportation time. This will continue to enhance the police department’s operations.
CURRENT YEAR FISCAL IMPACT
Because it is impossible to predict how many arrests Chula Vista police officers will make in current and future fiscal years, precise estimations of the net fiscal impacts of this amendment are difficult to determine. However, the Police Department projects the fiscal impact for FY 2016/2017 is estimated to be $28,350 as a result of ASAP’s hourly rate increase. The Police Department will absorb this additional cost in its FY 2016/2017 budget, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
This being the fourth of five possible extensions to the Original Agreement, only one more extension is allowable. The fiscal impact of $28,350 estimated in FY 2016/2017 will be included in the proposed FY 2017/2018 budget.
ATTACHMENTS
Attachment A - Fourth Amendment to the Agreement between the City of Chula Vista and Advantage Sentry and Protection, Inc. (ASAP) To Provide Transportation Services for Prisoners
Staff Contact: Phil Collum, Police Lieutenant, Jail Manager