HomeMy WebLinkAbout03 - Vessel Pumpout Operation & MaintenanceWIN � • i .I r ..� •,
Agenda Item No. 3
July 26, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Shannon Levin, Harbor Resources Supervisor
APPROVED:.0
TITLE: Resolution supporting a grant application to the Department of
Boating and Waterways for Vessel Pumpout Operation and
Maintenance
ABSTRACT:
Staff is planning to submit a grant application to the Department of Boating and
Waterways (DBAW) for reimbursement of operation and maintenance costs associated
with pumpout facilities maintenance. The application requires the City Council to adopt
a Resolution endorsing the grant application.
RECOMMENDATION:
Adopt the attached Resolution authorizing and supporting submittal of an application to
the Department of Boating and Waterways for grant funds for the Operation and
Maintenance of the Vessel Pumpouts.
FUNDING REQUIREMENTS:
If approved, the DBAW grant will provide $7,000 for the installation and maintenance of
vessel pumpout facilities in the City Newport Beach in compliance with the regulations
of the Clean Vessel Act (50 CFR Part 85). The grant requires that grant monies shall
not exceed seventy -five percent (75 %) of the allowable project costs and the City shall
contribute the remaining twenty -five percent (25 %).
The Public Works Department allocated $12,000 in the FY11 -12 budget, account 5060-
8080, for pumpout maintenance.
DISCUSSION:
Staff is planning to apply for grant funding under the Department of Boating and
Waterways Clean Vessel Act. The grant will provide for the reimbursement of up to
$7,000 of costs associated with the maintenance and operation of a publicly accessible
vessel pumpout facility.
Resolution supporting a grant application to the Department of Boating and Waterways for Vessel Pumpout
Operation and Maintenance
July 26, 2011
Page 2
The City of Newport Beach operates and maintains five publicly available vessel
pumpout facilities throughout the Harbor. The pumpouts are available free of charge to
the boating public 24 hours a day, every day. The accessibility of the public pumpouts
encourages clean boating and improved water quality in Newport Harbor.
The frequent use of these public pumpouts increases maintenance and subsequent
costs for the City. If awarded these grant monies, the City may have enough funding to
replace an existing pumpout with a new unit, or provide increased maintenance to
insure continued proper operation of existing pumpouts.
A Resolution adopted by City Council must be submitted with the grant agreement. The
Resolution must state that:
1. The City desires to operate and maintain the pumpouts in Newport Harbor to
meet the needs of boaters and to provide public access to the facilities; and
2. The City is willing to enter into an agreement to provide for the operation and
maintenance of the pumpout facilities;
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly. In addition, any undergrounding project funded by the acquired Rule 20A
funds will be subject to environmental review.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Stephen G. Badum
Public Works Director
Attachments: A. Resolution for the Vessel Pumpout Operation and Maintenance Grant
B. Department of Boating and Waterways Vessel Pumpout Facility
Agreement
C. Photo — Pumpout Station
D. Map — Pumpout Stations and Public Piers
Attachment A
RESOLUTION NO. 2011-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH REQUESTING A GRANT FOR THE OPERATION AND
MAINTENANCE OF THE PUBLIC PUMPOUT FACILITIES FROM THE
DEPARTMENT OF BOATING AND WATERWAYS
WHEREAS, the City of Newport Beach is desirous of operating and maintaining
the public vessel pumpout facilities in Newport Harbor to meet the needs of the boaters
and to provide public access to these facilities; and
WHEREAS, the Department of Boating and Waterways is authorized to provide
grants to cities, counties, districts, and other public agencies for the operation and
maintenance of public pumpout facilities; and
WHEREAS, the City of Newport Beach is willing to enter into an agreement to
provide for the operation and maintenance of the proposed facilities;
NOW, THEREFORE, the City Council of the City of Newport Beach by adoption
of this resolution hereby requests that the Department of Boating and Waterways
provide a Clean Vessel Act Grant for the operation and maintenance of public pumpout
facilities in Newport Harbor; and
BE IT FURTHER RESOLVED that the City of Newport Beach agrees to accept
the grant and hereby authorizes the signature of the grant agreement and accept the
grant for the purposes stated above.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted at a Regular Meeting of the City Council of the City of Newport Beach on this
26th of July, 2011.
3-TAM
City Clerk
Attachment B
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06!03)
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENM KMS
DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT)
CONTRACTORS NA.IaE
/D /,& 7 ;7/
REGISTRATION NUMBER
City of Newport Beach (GRANTEE)
2 The term of this
Agreement is: Shall begin on the Effective Date and continue for Seven (7) year's from the effective date of
this agreement.
3. The maxhnutll amount $ 7,000.00
of this Agreement is: SEVEN 7'FIOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference, made a part of the
Agreement.
Location: Newport Beach Pumpout Dock —CVA
Exhibit A — Vessel Pumpout Facility Installation Contract 4 pages
Exhibit B — Vessel Pumpout Facility Installation Contract Standard Terns and Conditions 4 pages
Exhibit C * — General Terms and Conditions GfC 610
Exhibit D —Clean Vessel Act Grant Application 9 pages
Contractor Certification Clauses CCC 307
Items shown with an Asterisk(). are hereby incorporated by reference and made part of this agreement as if attached herein.
These documents can be viewed at u'm•w.ols.des.ca.eovt Standard e.62OLm!euaeddefault.htm
IN WITNESS WHLREOF, this A,
ment has been executed by the
CONTRACTOR
CONTRACTOR'S NAME ;,fother 0. m, individual. emrc W vha a rorporxim. patio,,, :tp, em;
CITY OF NEWPORT BIsACH
S
PRATED NAAni AND 11-ME 01: PERSON SIGNING
329 Harbor Island Drive
Newport Beach, CA 92660
hereto.
STATE OF CALIFORNIA 11
DEPARTMENT OF BOA'T'ING AND WATERWAYS
BY tann,ort- edslenanrcet I DATE
PRINTED NANIE AND TITLE OF PIiRSU� S!(!N!NG
LUCIA C. BECERRA, Acting Director
ADDRESS
2000 EVERGREEN STREET, SUITE 100
California Deparmmnt of General
.Services Use Only
❑ Exempt per:
EXHIBIT A
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
REIMBURSEMENT
CITY OF NEWPORT BEACH
1. PARTIES
The parties to this Agreement are as follows:
(a) DEPARTMENT: The Department of Boating and Waterways
(b) GRANTEE: City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
2. GRANT
(a) The DEPARTMENT hereby grants up to SEVEN THOUSAND DOLLARS ($7,000.00),
to the GRANTEE, for installation of vessel pumpout facilities at the City of Newport
Beach in compliance with the regulations of the Clean Vessel Act (50 CFR Pate 85).
(b) The grant shall not exceed SEVENTY FIVE PERCENT (75 %) of the allowable project
costs. The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25 %).
(c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616].
(d) The project work shall be in accordance with the approved Clean Vessel Act Grant
Application, attached as Exhibit D. which is made part of this Agreement.
(e) This GRANT is subject to the terms and conditions in Appendix A of Exhibit D, as well
as those in Exhibits B and C of this Agreement.
3. PROJECT COMPLETION DATE
The GRANTEE- shall complete the installation of the vessel pumpout facility (such installation as
described in the Clean Vessel Act Grant Application dated March 8, 2011, and hereinafter
referred to as PROJECT) no later than March 8, 2012.
4. TERtM OF CONTRACT
(a) The term of this CONTRACT, subject to the provisions for In termination, shall begin
on the effective date of the CONTRACT and shall continue for SEVEN (7) years from
acceptance of the PROJECI' by the DEPARTMENT.
(b) This CONTRACT may be extended, amended or canceled upon agreement of both the
Revision 3!1!10 1 CVA — Exhibit A
DEPARTMENT and the GRANTEE.
5. USER FEES
EXHIBIT A
The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT;
however, such fees may only be used to defray operation and maintenance costs incurred from the
operation of the vessel pumpout facility. The GRANTEE may not charge a total fee in excess of
$5.00 for the use of the pumpout facilities constructed without prior written approval of the
Department. The $5.00 fee may be increased or decreased annually in accordance with
percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI)
using the CPI index for December 1993 (436.8) as the base for any such adjustment.
6. SPECIAL PROVISIONS
(a) 1. The pumpout facilities constructed under this grant shall be operated, maintained,
and be open and available to the public for the full term of this CONTRACT.
2. Operation of the pumpout facilities shall be available during normal business
hours per day and shall not be hindered by locked enclosures, padlocks, pass
keys, electronic keys, token systems or other means.
3. The pumpout facilities constructed under this grant shall be equipped with an
hour meter to record its usage.
4. All pump out systems shall be provided with a wireless, real time monitoring,
data collection and reporting system. The monitoring system shall be factory
installed by the pumpout manufacturer. The monitoring system shall be a (1)
NlarineSync [(888) 988 -SYNC (7962)], Model MS I - Plug & Play Package w /2-
Year Data Plan (p /n MSO101.002); (2) PumpWatcher Co. [(727) 641 -1936]
Monitoring System #PW -RS I w/2 -Year Data Plan or approved equal.
5. The Grantee shall maintain the monitoring system and data plan for full term of
this contract. The Department shall also be provided troll access to the data
collected by the monitoring system.
(b) The grant recipient shall construct and install signage that shall:
Indicate the presence of a vessel puntpout facility (State supplied sign);
2. Acknowledge that the facility was constructed or improved with hinds from the
Clean Vessel Act. The suggested language shall be "This facility was funded
under the Clean Vessel Act by your purchase of fishing equipment and motorboat
fuels" (State supplied sign).
Revision MAO 2 CVA- 6xhihilA
EXHIBIT A
3. Provide appropriate information at the pumpout station that indicates fees,
restrictions, operation instructions, and a contact name and number if the facility
is inoperable.
4. Provide notice on the punrpout facility that identifies the local city, county, local
public health officer, or boating law enforcement officer responsible for
enforcing the pumpout regulations in the local area.
(c) Operation and Maintenance of Project
1. Because the Department has invested public funds in your marina for the
pumpout facilities, the Department has a vested interest in their success. As a
condition of the grant funds the Grantee is therefore responsible to ensure that the
pumpout facilities are operated and maintained in a manner that will prevent
discharge of any sewage to the waters of the State, shall be mabitained in good
working order, and shall be regularly cleaned for the term of this contract.
2. The Department shall not be liable for any costs of maintenance, management,
control of operation of the Project Area.
3. The Department and its agents may, at any and all reasonable times during the
term of this contract, enter the Project Area for purposes of inspecting the
pumpout facilities to determine if the facility is being maintained according to the
terns of this contract and the Recommended Minimum Maintenance Guidelines
listed below.
4. Failure to maintain the facility accordin, to this section is a breech of this
contract and may subject the Grantee to Termination of this contract.
5. The Department and its agents may, at any and all reasonable times during the
tern of this contract, enter the Project Area and install upon the pumpout
equipment a monitoring device to record the operation and reliability of the
pumpout equipment installed under this grant.
6. The Grantee shall at a minimum maintain the pumpout facility in accordance
with the guidelines below.
Recommended Minimum Maintenance Guidelines:
Revision S11!10 3 Cb'A 1:xNbitA
EXHIBIT A
1. On a daily basis inspect the pumpout facility for cleanliness, suction hose and
nozzle conditions, discharge pipe condition, and general pump operating
condition. Perform cleanup /maintenance as required.
2. As recommended by the equipment manufacturer perform preventative
maintenance per recommended schedule.
3. Grantee should complete all repairs within 72 hrs of identifying a pumpout
facility need.
(d) Upon expiration of the CONTRACT, all improvements made by the GRANT shall
become property of the GRANTEE.
(e) GRANTEE shall each year provide information about the use and reliability of the vessel
pumpout facility in the form of a post - implementation evaluation report (PIER) provided
by the Department and shall transmit the results of the PIER to the DEPARTMENT no
more than 30 days after receipt of the PIER.
(f) Notices required between the parties shall be deemed to have been given when mailed to
the respective addresses herein, first -class postage fully prepaid thereon.
7. PROJECT CONTACTS
DEPARTMENT Contact: Kevin Atkinson
California Department of Boating & Waterways
2000 Evergreen Street, Suite 100
Sacramento, California 95815
phone:916- 263 -8149
fax: 916-263-0648
email: katkinsonQdbw.ca.eov
GRANTEE Contact: Shannon Levin
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
phone: (949) 644-3041
fax: (949)723 -0589
Either party may make changes to the information above by giving ten (10) days written
notice to the other party. Said changes shall not require att amendment to this agreement.
End
Revision VIM 4 CVA — Exhibit A
EXHIBIT B
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I-
A. ALLOWABLE PROJECT COSTS means those permitting, planning, management,
signage, labor, design, material and construction costs which are necessarily incurred by
the GRANTEE for the purpose of completing the PROJECT and are covered by the
GRANT as eligible grant activities; such PROJECT COSTS shall not include any
expenses incurred prior to the effective date of this CONTRACT nor any expenses
incurred for ineligible activities.
B. CONTRACT means the contract to which these standard terns and conditions are
appended.
C. DEPARTMENT means the Department of Boating and Waterways.
D. EFFECTIVE DATE means either the start date or the approval date by the Department of
General Services, whichever is later. No work shall commence until the effective date.
E. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75
and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part of the
PROJECT COSTS.
F. GRANTEE means the person or entity identified in Exhibit A as the GRANTEE.
G. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private)
shall have full and reasonable access to the pumpouUdump station for the purpose of
sewage disposal. Fees shall be equal for all pumpout users at a facility open and
available to the public. However, members and customers may prepay for pumpouts
within a fee structure, so that a separate fee for pumpouts at the time of use would not be
needed for those members and customers.
H. PROJECT means the Clean Vessel Act Grant proposal submitted by the GRANTEE to
the DEPARTMENT and attached and made part of the CONTRACT" as Exhibit D.
PROJECT AREA means the area delineated in Exhibit D within which the PROJECT
will be undertaken.
ARTICLE 11— CONSTRUCTION OF PROJECT
A. All contracts for construction of the PROJECT shall:
1. Be awarded in accordance with all applicable laws and
regulations, including but not limited to competitive bidding.
2. Contain the following clause: 'Representatives of the Department of Boating and
Waterways shall be allowed access to all parts of the construction work."
3. Contain a clause that the contractor shall comply with all air pollution and
environmental control rules, regulations, ordinances and statutes which apply to
the PROJECT and any work performed pursuant to the contract.
Revision 2W110 1 CVA 6xhibnn
EXHIBIT B
4. Contain a clause that requires the contractors to ensure the structural integrity and
safety of the PROJECT.
B. Inspection reports and related inspection data shall at all
reasonable times be accessible to the DEPARTMENT personnel, and request
copies of such reports and data shall be provided to the DEPARTMENT by the
GRANTEE.
ARTICLE 111 - DISBURSEMENT OF GRANT
A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover
construction costs unless and until the GRANTEE demonstrates that it has acquired
permits necessary to construct and operate the PROJECT.
GRANTEE shall acquire advance written acceptance of the completed project from the
DEPARTMENT prior to any disbursement of funds.
C. The GRANTEE shall request final payment in writing under this CONTRACT no later
than SIXTY (60) days following the date of acceptance of the PROJECT by the
GRANTEE.
D. Grantee shall account for all project costs expended under this grant as required by the
DEPARTMENT. Prior to disbursement of funds, GRANTEE shall provide
DEPARTMENT with a final summary of the project costs.
E. The DEPARTMENT may withhold any payment of GRANT fonds for failure by the
GRANTEE to comply with any of the conditions and provisions of this CONTRACT.
ARTICLE IV- LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the
right to contribution for any loss or damage arising from, growing out or in any way
connected with or incident to this CONTRACT.
B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its
officers, agents and employees against any and all claims, demands, damages, costs,
expenses or liability arishtg out of the acquisition, design, construction, operation,
maintenance, existence or failure of the PROJECT.
C. If the DEPARTMENT is named as a co- defendant, the GRANTEE shall notify the
DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If
the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs,
expenses and attorney's fees. .
ARTICLE V - WAIVER OF RIGI ITS
It is the intention of the parties hereto that from time to time either party may waive certain of its rights
under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a
Revision 219110 7 C VA — Exhibit t3
EXHIBIT B
default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver
with respect to any other default or matter.
ARTICLE VI - REMEDIES NOT EXCLUSIVE
The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for
the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy
of, or limit the application of, any other remedy provided by law.
ARTICLE VII - OPINIIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment,
approval, review, or determination of either the DEPARTMENT or GRANTEE, such terns are not
intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or
determination to be arbitrary, capricious, or unreasonable.
ARTICLE VIII — ASSIGNIMENT. SALE, OR TRANSFER
A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or
interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is
approved in writing by the DEPARTMENT and made subject to such reasonable terms and
conditions as the DEPARTMENT may impose.
B. GRANTEE shall require, as a condition of assignment, sale or transfer of the property on
which the PROTECT is constructed, the assignee, purchaser or transferee of the property to
assume, in writing, in such manner as shall be satisfactory to the DEPARTMENT, the
obligations of this CONTRACT. Failure to comply with this provision shall constitute a
default pursuant to ARTICLE XII B of Exhibit B of this CONTRACT
ARTICLE LX - SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the
parties hereto.
ARTICLE X - PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in EXHIBIT A; Paragraph 3 of this CONTRACT'
if (1) the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by
such date, or (2) if no disbursement by the DEPARTMENT of GRANT funds occurs by such date.
ARTICLE XI - AUDIT
In addition to the audit requirements specified in Exhibit C -4, GRANTEE understands and agrees that, as
a recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal
law, regulations or policy, such as the Single Audit Act and the reporting requirements set forth in OMB
Circular A -135.
ARTICLE X11 — TERMINATION
A. TERMINATION FORCONVENIENCF
The DEPARTMENT may terminate this CONTRACT at any time for the
convenience of the State upon TIIIRT)' (30) days prior written notice, delivered by
Revision 214/10 3 C V A— Gsbibk B
EXHIBIT B
certified mail or in person to GRANTEE. Upon notice of such termination,
GRANTEE shall, within 30 days, return by check payable to the DEPARTMENT all
Unexpended grant funds not previously approved for expenditure by the
DEPARTMENT.
2. GRANTEE may terminate this CONTRACT at any time upon THIRTY (30) days
prior written notice, delivered by certified mail or in person to the DEPARTMENT,
provided, however, that upon any such termination of the CONTRACT, GRANTEE
shall, within thirty (30) days of such termination, reimburse by check payable to the
DEPARTMENT all funds contributed by the DEPARTMENT to the PROJECT on a
prorated basis as detennined by the DEPARTMENT.
B. TERMINATION FOR DEFAULT
The DEPARTMENT may at any time upon NINETY (90) days prior written notice of
default, and, when applicable, after having afforded GRANTEE an opportunity to cure any
breach pursuant to ARTICLE VII, terminate this CONTRACT if the GRANTEE has failed to
abide by any applicable provision of this CONTRACT. In such case, GRANTEE shall,
within NNETY (90) days of its receipt of a notice of termination, reimburse by check all
funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as determined
by the DEPARTMENT.
ARTICLE XIIf WAIVERS
No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a
waiver thereof, nor shall any written waiver on the part of any party of any right, power or privilege
hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any
other or further exercise thereof or the exercise of any other right, power or privilege hereunder. A
written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of
the same kind
ARTICLE XIV DISPUTE RESOLUTION
Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable
period of time by the GRANTEE and DEPARTMENT representatives normally responsible for the
administration of this CONTRACT shall be brought to the attention of the Director of the
DEPARTMENT or his designee. At the request of either pity, the DEPARTMENT shall provide a
forum for the discussion of the disputed matter(s). If agreement cannot be reached through the
application of high level management attention, either party may assert its other rights and remedies
within this CONTRACT in a court of competent jurisdiction
ARTICLE XV WAIVER OF THL S'T'ATUTE OF LIMITATIONS
GRANTEE waives the benefit of any limitations affected its liability hereunder or the enforcement
thereof to the extent permitted by law.
ARTICLE XVl NO'T'ICES
Notices required between the parties shall be deemed to have been given when trailed to the respective
addresses herein, first -class postage fully prepaid thereon, unless otherwise required by law.
ARTICLE XVII — COMPLIANCE WITH FEDERAL REQUIREMENTS
Revision 2 /4/10 4 CVA Ezliibiln
EXHIBIT B
GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those
summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements
include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and
other administrative guidelines, and are incorporated herein by this reference as if fully set forth.
Revision 2/4/10 S CVA — Bxhibi1. 11
Attachment C
Photo — Pumpout Station
Attachment D
Map — Pumpout Stations and Public Piers
Public Pump Out stations k
Public Piers in Newport Harbor
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