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HomeMy WebLinkAbout03 - Harbor Debris RemovalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 August 22, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Harbor Resources Division / City Manager's Office Tom Rossmiller, Manager Harbor Resources, 949 - 644 -3041 trossmiller(a)city.newport- beach.ca.us Dave Kiff, Assistant City Manager, 949 - 644 -3002 dkiff(cD city. newport- beach. ca. us SUBJECT: Approval of a Cooperative Agreement with the County of Orange for Harbor Debris Removal ISSUE: Should the City of Newport Beach enter into a cooperative agreement with the County of Orange to accept cooperative funding of the Harbor Debris Removal Program? RECOMMENDATION: Authorize the City Manager to execute a cooperative agreement with the County of Orange whereby the City provides debris removal and refuse pickup services within the tidal zones of Newport Harbor and the County provides cost - sharing funds. DISCUSSION: The Newport Bay contains tidelands that are under the administrative jurisdiction of the City of Newport Beach and the County of Orange. Both agencies have interest in the maintenance and operation of their respective portions of the tidelands. However debris floats around the jurisdictional boundaries due to storm flows, tidal currents, and winds. Therefore it appears most efficient to have one agency perform the entire debris cleanup and to have the other agency provide a proportionate share of the funding. The City and the County have successfully participated in such a cooperative debris cleanup program since the 1970's and the proposed agreement provides for another five year continuation of that program. County of Orange Agreement Harbor Debris Removal Program August 22, 2006 Page 2 Under the agreement the City submits a quarterly invoice to the County for one -half the cost of the services provided. The City also may bill for one -half of the extra work provided in cleaning up debris from storm and other intermittent conditions such as extreme high tides. The maximum financial obligation of the County under this agreement is $35,000. Environmental Review: This project is categorically exempt per Section 15301 (Existing Facilities), Class 1, which "consists of operation, repair and maintenance... of existing public or private structures, facilities... involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Acceptance of a transfer of funds from the County of Orange is recommended. Alternatives: Perform the necessary debris cleanup with City Tidelands funds. Prepared by: bAq.. - sw I-V( . Tom Rossmiller, Harbor Resources Manager Attachments: Cooperative Agreement Submitted by: V4 Da Kiff, Assistant City Manager a 1 2 3 4 5 .6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal (Job Number - EH21746) Agreement No. D06 -040 A G R E E M E N T THIS AGREEMENT, for purposes of identification hereby dated the day of , 2006, is BY AND BETWEEN The City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", AND The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY ". CITY and COUNTY are sometimes hereinafter referred to as the "parties" and individually as the "party ". R E C I T A L S WHEREAS, much of the land and water area of Newport Harbor (the "Harbor ") consists of public tidelands under administrative jurisdiction of both the COUNTY and CITY; and WHEREAS, COUNTY and CITY share an interest in the maintenance and operations of said public tidelands area for public use and enjoyment pursuant to the terms and conditions of their respective tidelands trust legislation; hand WHEREAS, one of the operational aspects of said Harbor is the removal of floating debris and litter from Harbor waters, hereinafter referred to as the "PROJECT ", which is more specifically described below; and WHEREAS, CITY is capable of providing for the service for the PROEJCT, a: set forth herein; and WHEREAS, CITY and COUNTY have since the 1970's entered into five -year agreements for the purpose of providing cost - sharing of the debris removal and refuse pickup services within the harbor and tidal zones of the Harbor; and 1 3 PROJECT: Harbor Debris Removal Agreement No. D06 -040 (Job Number - EH21746) 1 WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement 2 for the PROJECT for another five -year period; and 3 WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to 4 $35,000 annually for the PROJECT. 5 NOW, THEREFORE, it is agreed by and between the parties hereto as 6 follows: 7 1. RECITALS 8 The Recitals set forth above are true and correct; are a material part of 9 this AGREEMENT, and are incorporated herein by this reference. 10 2. TIME 11 Time is of the essence in this AGREEMENT. 12 3. PROJECT 13 The PROJECT shall consist of the CITY'S collection and disposal of debris 14 in Newport Harbor including the West Newport channels, Promontory Point, Grand 15 Canal, the Rhine, the navigable portions of the bay and those portions 16 adjacent to the shoreline, whether under CITY or COUNTY jurisdiction. In 17 addition, the Upper Bay log -boom, maintained for the purpose of collecting 18 litter, will be cleared of refuse and debris. 19 4. PERFORMANCE 20 a. CITY agrees to provide PROJECT services five (5) days a week on a year 21 round basis. During the summer months of June, July, August and September the 22 service will be available on weekends as needed, to be determined by CITY'S 23 Harbor Resources Manager. 24 b. CITY agrees to collect floating litter and debris, including, but not 25 limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals 26 and birds, kelp and other marine growth and construction debris. 2 H PROJECT: Harbor Debris Removal Agreement No. D06 -040 (Job Number - EH21746) 1 c. CITY agrees to provide all equipment necessary to collect the 2 aforementioned debris and at a minimum shall have an 18 -foot vessel equipped 3 with skimmers and containers sufficient to transport litter and debris to a 4 disposal site. 5 d. CITY agrees to maintain radio communication with the vessel and operator 6 so as to provide communication between the CITY'S Harbor Resources Division 7 and the Orange County Sheriff's Harbor Patrol to facilitate the speedy removal 8 of debris when observed by citizens or jurisdictions responsible for Harbor 9 maintenance. 10 5. EXTRA WORK 11 a. CITY agrees to provide extra work service when hazards to navigation 12 occur due to debris resulting from storm conditions or other intermittent 13 conditions; the CITY will provide manpower to perform extra work as directed 14 by the CITY'S Harbor Resources Manager, or upon request of COUNTY'S Director I 15 of Harbors, Beaches and Parks, Resources and Development Management 16 Department, hereinafter referred to as 'HBP Director ", or designee. 17 b. CITY agrees to employ only properly trained and qualified personnel and 18 supervisory personnel in the discharge of its obligations under this 19 Agreement. 20 6. ADMINISTRATION 21 a. CITY shall have the sole responsibility for administering and obtaining 22 any necessary governmental agency approvals for said PROJECT, including, but 23 not limited to the selection of contractors, management of contractors' work, 24 administration of contracts for compliance with the requirements of all 25 applicable local zoning and building codes and other regulations. 26 b. CITY shall maintain payroll records of all personnel involved in the collection and disposal of Harbor debris by name and /or employee number and 3 5 1 2 3 4 5 6 7 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal Agreement No. D06 -040 (Job Number - EH21746) classification to verify actual direct salary costs. CITY shall make these records available upon request of COUNTY'S HBP Director, or designee and the same are subject to audit by the COUNTY'S Auditor - Controller. CITY will keep Ithe payroll records on file for three (3) fiscal years. c. CITY agrees to submit a written report quarterly to the COUNTY'S HBP Director on the approximate quantities of litter and debris collected. This report will also include the number of man -hours worked during the quarterly reporting period. d. CITY shall submit quarterly to COUNTY a billing for one -half of the cost of the work performance under this agreement during such quarter. The amount shall not exceed six thousand two hundred fifty dollars ($6,250) per quarter. CITY may also submit a billing for one -half the cost_ of work performed, within the "Extra Work" provisions specified in Paragraph "5.a." above of this AGREEMENT during such quarter. The amount for such extra work shall not exceed ten thousand dollars ($10,000) annually. Such extra work billing shall be accompanied by a separate report of the incident and circumstances, including, but not limited to the quantities, types of debris and locations where encountered during the extra work provisions. 7. MAXIMUM FINANCIAL OBLIGATION a. COUNTY shall remit payment to CITY within sixty (60) days of receipt of said billing and reports. In no event shall COUNTY'S quarterly liability exceed six thousand two hundred fifty dollars ($6,250) under the terms of this agreement, nor shall the COUNTY'S annual liability exceed ten thousand dollars ($10,000) under the terms of the "Extra Work" provisions of this AGREEMENT. b. COUNTY'S HBP Director, or designee, shall have the .authority to make ladjustments to this AGREEMENT, with the concurrence of the CITY, as deemed necessary in order to advance the purpose of this AGREEMENT, provided that 4 [' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal (Job Number - EH21746) Agreement No. D06 -040 such action does not in the aggregate exceed the total amount of financial lassistance specified in sub - paragraph 'a ", above, unless approved by the Board lof Supervisors. 18. NOTICES a. Notices or other communications which may be required or provided lunder the terms of this AGREEMENT shall be given as follows: COUNTY: Director, Harbors, Beaches and Parks Resources & Development Management Department County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 CITY: Harbor Resources Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Chief, Purchasing and Contracts Resources and Development Management Department County of Orange P.O. Box 4048 Santa Ana, CA 92702 -4048 b. All notices shall be deemed effective when in writing and delivered person or deposited in the United States of America mail, first class postage, prepaid and addressed as above. Notwithstanding the above, the COUNTY and CITY may also provide notices by facsimile transmittal, and any such notices, correspondence, reports and /or statements authorized or required by this AGREEMENT, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notices of such change to the other party 9. INDEMNIFICATION (Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction 5 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal Agreement No. D06 -040 (Job Number - EH21746) delegated to CITY under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend land hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8)by reason of anything done or o:!nitted to be done) lby CITY under this AGREEMENT 110. TERMINATION COUNTY and CITY both reserve the right to terminate this agreement without cause effective June 30th of any year by giving sixty (60) days prior written notice of intention to terminate. In the event of such termination, the total consideration owing from COUNTY to CITY shall be for all services performed during that quarter ending June 30th as provided for above. 11. TERM OF AGREEMENT The term of this agreement shall be for five (5) years beginning July 1, 2006, and extending through June 30, 2011. 12. EFFECT OF AGREEMENT This AGREEMENT fully expresses all understanding of the parties and is the total AGREEMENT between the parties as to the subject matter of this AGREEMENT. With the exception of the delegated authority specified in Paragraph 17.b." above, no material addition to or alteration of the terms of this AGREEMENT, whether written or verbal, by the parties, their officers, agents or employees, shall be valid unless in the form of a written amendment to this AGREEMENT, and is formally approved and executed by all parties. I/I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3 dates opposite their respective signatures: APPROVED AS TO FORM: CITY OF NEWPORT BEACH, 6 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal (Job Number - EH21746) Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk APPROVED AS TO FORM: County Counsel IBy: Deputy County Counsel Agreement No. D06 -040 By: Homer L. Bludau City Manager for the City of Newport Beach COUNTY OF ORANGE By: Chairman, Board of Supervisors Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. ATTEST: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California 7 7