HomeMy WebLinkAboutC-1935 - Co-op funding agreement for cleanup of harbor debrisr `�
Eno ; Agreement No. 1)77 -088
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MAY 2 519P NMENlha T No. 1 _._:.. -
TO
JUNE ALEXANDER, Clerk AGI:TEN NT
of the Board of Supervisors
1 This.Aereement AgMgQent is made and entered into this -Isfkday of
2 195S� by and between the City of Newport Beach, a municipal corporation, hereinafter
3 referred to as "CITY" and the Orange County Harbors, Beaches and Parks District,
4 hereinafter referred to as "DISTRICT," for the mutual benefits and promises contained
5 herein:
6 RECITALS
7 W1fEREAS, Newport Harbor is an authorized navigational project of County's
8 Harbors, Beaches and Parks District; and
9 M{EREAS, much of the land and water area of Newport Harbor consists of
10 public Tidelands under admisitrative jurisdiction of the DISTRICT and CITY; and
11 h11EREAS, DISTRICT and CITY share an interest in the maintenance and operations
12 of said public Tidelands area for public use and enjoyment pursuant to the terns
13 and conditions of appropriate Tidelands Trust legislation; and
14 1i11E1WS, one of the operational aspects of said harbor is the removal of
15 floating debris and litter fttnm harbor waters; and
16 I -IE- llu\S, CITY is capable of administerin;; a contract for the service of
17 debris removal and pickup £ron said harbor water areas; and
18 I11BANS, DWRICT and CITY now wish to amend said agreement and extend the
19 term thereof;
20 NOW, 11F.11- FORK, is is agreed by and between the parties heret 'a- �
CITY Ot 1
21 1. Section 11, page 1, is heyphy amended, modified and alt i•ed OW&S e",
JIUf. `a
22 as follows: JUL 2919ROP
23 11 L RECEIVER
CITY CLERK
24 Upon approval of said contract specifications by DISTRICT's r,
25 1 Environmental Planagement Agency, CITY shall prepare and circulate informal
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proposal forms and sho.11, after consulting Director,
ERA, award contract therefore
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to the bidder accepted by the
CITY, said contract to
provide for a three (S) year
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renewal subject to approval of
Director, Environmental
fianagement Agency.
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Z. Section III, page 2, is hereby amended, modified and altered to read
as follows: _
lII:"
CITY shall submit duarterly to DISTINCT a billing for one -half the cost of
performance of said contract, not to exceed $2,800 per quarter, accompanied by a
report of debris quantities, types and location encountered during said previous
quarter.
CITY may also submit a billing for one -half the cost of work performed,
subject to approval by Manager, Recreation Facilities Operations, within "extra
work' provision of said contract, not to exceed $5,000 annually, accompanied by a
report of debris quantities, types and location encountered during said previous
quarter.
3. Section IV, page 2, is hereby amended, modified and altered to read
as follow:
IX,
DISTRICT shall remit payment to CITY within (60) days of receipt of said
billing and reports. In no event shall DISTRICT's quarterly liability exceed $2,800
under Terms of general contract, nor shall quarterly liability exceed $5,000 under
Terms of "extra work" provision.
Section VI, is hereby added to read as follows:
VI
CITY hereby agrees to comply with Title V1 of the Civil Rights Act of 1964
(P.L. 88 -352) and all requirements therein as described in A'1TACM.U."KI' I, entitled
U.S. DEPAZTW -.NT 01; THE IMITRIOR ASSU NCli 01' COWLIANCE (TITLE VI, CIVIL RIGHTS ACT
OF 1964) as a part hereof and fully incorporated into Agreement No. D77 -088, Admendment
No. 1.
All other items and conditions of the Agreement shall remain in full force
and effect.
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IN WITNESS INUEREOF, the parties have executed this amendment on the dates
set forth below.
IWWRS, BEACHES AND PARKS DISTRICT
Date:
Chairman of the Board of Supervisors of
Orange County, California, Acting as the
Governing Board of the Orange County
Harbors, Beaches and Parks District.
Signed and certified that 'g copy of
this document has been delivered to
the Chaiman f the Board.`,.
1UNli ALUANUER
Clerk of the Board of Supc� visors
of Orange..County, California
Date: 3- y' b v
ATTEST:
Date:;
City Wer;
Date:���
APPROVED AS TO FOILM:
ADRIAN W)TER, CM41- - COMSH.
e11-
CITY OF NO"PORT BEACH, a municipal
corporation
BY -2
I :Mayor Pro Tem
APPRM;'D AS -1.0 F01LV:
BY
City Attorne
April 12, 1982
0 f
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
Environmental Management Agency
Recreation Facilities
10852 Douglass Road
Anaheim, CA 92806
Attn: K. F. Brittain, Manager Recreation Facilities
Dear Mr. Brittain:
Enclosed are three executed copies of the amended agreement for debris
collection in Newport Harbor, between Orange County Harbors, Beaches and
Parks District and the City of Newport Beach.
Please execute and return one of the copies of the agreement for our City
records to the City Clerk of Newport Beach. We will xerox a copy for our
Marine Department for their files.
Thank you for your attention.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
cc: Marine Department
3300 Newport Boulevard, Newport Beach
C) F
G E
0
ENVIRONMENTAL MANAGEMENT AGENCY
PUBLIC WORKS
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CALIFORNIA
(714) 834 -2300
Mr. Tony Mehra
Tidelands Administrator
City of Newport Beach
3300 Newport Blvd.,
Newport Beach, CA 92663
Dear Mr. Me11m:
MAR 1 9 1982
C - 19 Y3
MURRAYSTORM
DIRECTOR, EMA
C. R. NELSON
DIRECTOR OF PUBLIC WORKS
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702
FILE MS71,420
Enclosed please find three copies of Agreement Amendment for
debris removal and pick -up in Newport Harbor, between the City
of Newport Beach and Orange County Harbors, Beaches and Parks
District.
Please forward this Agreement to the appropriate City officials
for execution, returning the original and two copies to EMA/
Recreation Facilities, 10852 Douglass Road, Anaheim, CA 92806.
Should you have any questions, please direct them to John
Mosequeda, Recreation Support, at 634 -7065.
JM:bjm
Enclosure
Very truly yours,
t
K. F. Brittain, Manager
Recreation Facilities
October 13, 1981
TO:
FROM:
SUBJECT:
Recommendation:
If desired:
CITY OF NEWPORT BEACH
Harine Department
MAYOR AND CITY COUNCIL
Marine Department
Agenda No. F-2-
REVISION AND EXTENSION OF CONTRACT #1936 FOR
HARBOR DEBRIS CLEANUP
a. Adopt Resolution # authorizing the Mayor and City
Clerk to extend Contract #1936 with G. M. Boston and
Associates for a three (3) year period.
b. Approve an amendment to the above contract to allow a ten
percent (10 %) increase in compensation to the contractor
for the three (3) year period.
c. Approve an amendment to the above contract to extend the
scope of the work to include the Upper Bay debris log boom.
d. Approve an amendment to the above contract to allow additional
compensation to the contractor of two hundred dollars ($200)
per month for the extension of the scope of work as outlined
in the Staff Report.
e. Approve an amendment to the above contract to extend the
Extra Work section to include the Upper Bay debris log boom
as outlined in the Staff Report.
Discussion:
On September 21, 1977, the City Council awarded Contract #1936 to G. M.
Boston and Associates for the removal of floating debris from the waters
of Newport Harbor. This contract provides that the "....Agreement may
be extended for successive one -year periods, so long as the parties
hereto mutually agree in writing ".
The contractor, G. 1-1. Boston and Associates, has submitted a request
(letter attached) for a three year extension with a ten percent (10 %)
increase, due to rising overhead costs. The contractor has performed
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satisfactorily for the City for the past four years, and the three
year extension would allow him more effective and efficient long term
planning of his activities in the Harbor. Initial conversations have
taken place with the County of Orange regarding the three year extension,
and they have indicated that there is a good chance of their agreeing
once the City has approved.
In addition, now that the Upper Bay debris log boom is in place, it will
be necessary to inspect and clean it weekly. The contractor has indicated
that for an additional $200 per month he will inspect the log boom
weekly and remove any debris that has accumulated there.
It is anticipated that during heavy storm runoffs, considerable debris
will accumulate behind the log boom. Under these circumstances the con-
tractor would remove this material under the "Extra Work" provision of
the Contract, Section 2. The contractor would then be reimbursed for
this extra work at his actual cost for labor and equipment, plus twenty
percent (20 %).
This portion of the agreement has also been discussed with the County
of Orange and they have indicated a positive response, again pending
City Council approval before the agreement is submitted to them.
When the City Council has approved the above recommendations, staff will
proceed to the County of Orange officially for a matching contribution
of funds to cover the above expenditures.
DAVID HARSHBARGER
Marine Director
TONY
Tidelands .Administrator
TM: db
Letter Attached
RESOLUTION NO. 11071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXTEND THE TERM OF CONTRACT NO.
1936 BETWEEN THE CITY OF NEWPORT BEACH AND G.
M. BOSTON & ASSOCIATES FOR A THREE -YEAR PERIOD
OF TIME AND APPROVING AMENDMENTS THERETO FOR
SUBMISSION TO THE COUNTY OF ORANGE FOR
MATCHING CONTRIBUTION FUNDS THEREOF
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment to Agreement
between the City of Newport Beach and G. M. Boston & Associates,
in connection with the cleanup of floating debris in Newport
Harbor; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Amendment to Agreement and finds them to be
satisfactory and that it would be in the best interests of the
City to execute said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Amendment to Agreement above -
described is approved and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the City of
Newport Beach.
ADOPTED this 13thday of October , 1981.
/s/ Jacqueline E. Heather
Mayor
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H. G. OSBORNE
DIRECTOR
C. R. NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
a
UNTY OF
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ENVIRONMENTAL MANAGEMENT AGENCY TELEPHONE' $34-2300
DEVELOPMENT DIVISION AREA CODE 714
400 CIVIC CENTER DRIVE WEST MAILING ADDRESS
SANTA ANA, CA. P.O. 5OX4040
SANTA ANA, CA. 02702
FEB y 1980
Doris George
City Clerk
City Hall
3300 Newport Boulevard
Newport Beach, California 92663
Dear Ms. George:
FILE
Enclosed please find copies of requested executed agreements.
1. 1979 CY Lifeguard Contract
2. Newport Harbor Debris Removal Agreement
If I can provide any further information, please contact me at
634 -7019.
Very truly yours,
Pete Jenny, PaA�ger I
Recreation Facilities
PJ:ms
Enclosures: Agreements
ell
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TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 0-1935
L-�
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
DATE P+aba MXY 15, 1980
Description of Contract cramp comty ODOR Fm = pabris CUM=
Authorized by Resolution No. 9123 , adopted on jum 27, 1977
Effective date of Contract Jtay 26, 1977
Contract with RW Administration
Address P.O. Baas 4048
Santa Ana, CA 92702
Pmount of Contract we contract
City CleTK
Anr:°ewent .No. D- 77 -Oqo
Af,RFEMENT
THIS AGREEMENT, is entered into on this -f� day of �r� -c<<., 1977,
b,, and between the County of Orange, herein referred to as "COUNTY ", and the City
o heoport Beach, herein referred to as "CITY ".
RECITALS
WHEREAS, Newport Harbor is an authorized navigational project of County's
icibors, Beaches and Parks. District, and
WHEREAS, much of the land and water. area of Newport Harbor consists of publ.;
t.drrl -finds under the administrative jurisdiction of the CITY and the COUNTY, and
WHEREAS, COUNTY and CITY share-an interest in the maintenance and operation,
of ,ad public tidelands area for public use and enjoyment pursuant to the terms and
r., nlitions of appropriate tidelands trust legislation, and
WHEREAS, one of the operational aspects of said harbor is the removal of
`filing debris and litter from harbor•'waters, and
WHEREAS, CITY is capable of administering a. contract for the service of
d 'r-rs removal and pickup from said harbor crater areas;
NOW, THEREFORE, THE PARTIES HERETO DO AGREE as follows:
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CITY shall prepare specifications for a contract for commercial services
i,s floating debris gathering and removal from all public waters of harbor not
^.cumbered by lease or permit and submit said contract specifications to County's
';•r?ci r, Environmental Management Agency, for approval.
II
Upon approval of said contract specifications by County's Director, EMA,
liiY shall prepare and circulate informal bid proposal. forms and shall„ after con-
:.icing County's Director, Environmental Management Agency, award an informal
:..•r`rar:t therefore 16o the bidder accepted by the City, said contract to provide for
i:! annual renewal subject to approval of County's Director, EMA.
No. D -77 -008
I!i III
CITY shall., no.more frequently than quarterly, submit to
31! Cconz_, Director, Environmental Management Agency, a billing for one-hal
4 t-.ho cost: of the performance of said contract, not to exceed $2,500 per
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queArter, accompanied by a report of debris quantities, types and locati,l
6t ctn- ou'ntered during said previous quarter.
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COUNTY shall remit payment. to CITY within sixty (60) days
of ;: ce.ipt of said billing and reports. In no event 'shall COUNTY's
qunrte.rly liability exceed $2,500.
I.
CITY and COUNTY expressly agree that the purpose of this
<:n37r!' rnr�nt is to facilitate the .removal of floating litter and debris
i.rcr public tidelands areas for the benefit and enjoyment of the public
anr, `.-or the purposes of the respective city and county tidelands trust.
l:n ohservance.of this purpose the agreement may be modified or amended
by ,uitual agreement of the parties hereto, or cancelled upon sixty (60)
notice of either. party.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
by their respective governing bodies.
COUNTY
of tAre
A '['E�,T:
JUNE ALEXANDER
of the Board of Supervisors
of Orange County, California
i.":-'RUVED AS TO FORM:
I.: :'I*AN KUYPER, County Counsel
0:0N(,',E COUNTY, CALIFORNIA
23 7 �P
� k!
RANGE, a political subJivisi(
e of CaliforpLa . I
lie Board- of Su isors
COUNTY I
CITY OF NEWPORT BEACH
By_
Ma or Pro Tem
ATTEST;
C/A
AP
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June 27, 1977
TO:
FROM
SUBJECT:
Recommendation
MARINE DEPARTMENT
MAYOR AND CITY COUNCIL
Marine Department
C- Ia3S
ITEM NO.: G -2
PROPOSED CONTRACT FOR HARBOR DEBRIS CLEANUP AND COOPERATIVE
FUNDING AGREEMENT WITH THE COUNTY OF ORANGE
Adopt a resolution authorizing the Mayor and City Clerk to execute a
cooperative agreement with the County of Orange for matching funds.
2. Approve the bid documents.
3. Authorize the Marine Department to advertise for bids to be opened and
read at 2:00 p.m. on July 15, 1977.
Discussion
In late 1975 the Marine Department began a field study of floating debris
in the harbor to ascertain locations of concentration and quantities of
debris. As a result of that study and community interest, on April 26,1976
Council authorized the expenditure of $7,500 for contracting with a private
firm to pick up floating debris on a regular basis over City controlled
tidelands landward of the U.S. Pierhead Line. Council also directed staff
to contact the County of Orange and request the County's cooperation and
assistance in a program to collect floating debris in the entire Lower Bay.
Subsequently, the Orange County Board of Supervisors, on December 21, 1976,
authorized the preparation of an agreement between the City and the County
for cooperative harbor floating debris removal with joint funding. The
County share of the funding is not to exceed $2,500 per quarter for fiscal
year 1977 -78. A copy of the proposed agreement is attached. Staff has
reviewed this agreement and suggested some minor changes which are incorp-
orated in the attached agreement. These changes provide for an informal
bid procedure rather than a formal procedure.
Included in the Marine Department budget for fiscal year 1977 -78 is $7,500
to be used as matching funds for the contract to be awarded as provided
for in the cooperative agreement.
!a ,
HARBOR DEBRIS COLLECTION
AGREEMENT
This agreement is made and entered into this
day of
1977,
by and between the City of Newport Beach, a municipal corporation, hereinafter
referred to as "City" and
"Contractor ".
hereinafter referred to as
RECITALS
(i) City has determined that the waters of Newport Harbor are public
navigable waterways heavily used by boaters, beach users, tourists, and sightseers
and that one of the impacts from this use is floating litter and debris.
(ii) City has determined that the Harbor would benefit by having this
litter and debris collected and removed and that a private contractor can most
economically perform this collection and removal.
as follows:
AGREEMENT
THEREFORE, it is hereby agreed by and between the parties hereto
In consideration of the sum of
to be paid to CONTRACTOR by CITY in twelve (12) equal payments of
the first such payment
to be due and payable on the fifteenth (15th) day of the month next succeeding the
month during which CONTRACTOR commences the work prescribed herein and such subsequent
payment to be payable on the fifteenth (15) day of the month following the month
during which the latest payment was made. CONTRACTOR agrees to provide all necessary
labor, materials, transportation and equipment required to collect and remove litter
and debris as described in this agreement for a period of one (1) year commencing on
Said work shall consist of the following items and shall
be on the following terms and conditions provided for herein:
SCOPE OF WORK
(1) Area of Responsibility
Lower Newport Bay including the West Newport Channels, Promontory Bay, Grand Canal,
The Rhine, the navigable portion of the bay and those portions adjacent to the
shoreline that are under City jurisdiction. Areas encumbered by commercial and
leased areas and private pier, slips and beaches are excluded.
(2) Specifications for Work
(a) General
1. Contractor will collect and remove litter and debris
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from the Bay in the areas described above on a daily basis
Monday through Friday, exception legal holidays, for a
minimum of 32 hours per week.
.2. Contractor will collect floating litter and debris including
but not limited to cans, bottles, paper, plastics, timbers,
poles, trees, scrappings, sandings, dead animals and birds,
kelp and other marine growth, yard trimmings, construction
debris and entomophagous growth.
3. Minimum equipment required is a registered boat equipped
with skimmers and nets and containers sufficient to
transport litter and debris to a disposal site.
4. Contractor will dispose of all litter and debris off site
in an approved disposal area. Larger poles or trees will
be cut to a size acceptable at the disposal area.
5. Contractor is required to maintain an office provided with
telephone service during normal working hours within thirty
(30) minutes driving time from the location at which his work
vessel is moored. Contractor is further required to provide
City with an emergency number for contact outside normal
working hours.
EXTRA WORK
(1) When hazards to navigation occur due to debris resulting from
storm conditions, seasonal excessive marine growth or other intermittent conditions,
contractor may be required to perform extra work as directed by the Marine Director.
(2) Contractor will be reimbursed for extra work at his actual cost
for labor plus twenty (20) percent. There will be no additional reimbursement for
extra use of equipment. The actual cost will be based upon hourly figure submitted
as a part of the contractor's proposal.
INSPECTION
City may accompany contractor at its option for the purpose of inspect-
ing the execution of the work to be performed.
REPORTING OF WORK COMPLETED
Contractor will report to the Marine Director on alternate Fridays
approximate quantities of litter and debris collected and those areas where unusual
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concentration of litter and debris have collected subsequent to the prior reporting
date. Contractor will also submit to the Marine Director a report of hours worked
subsequent to the prior reporting date.
CONTROL OF WORK
The City of Newport Beach Marine Director shall decide all questions
which may arise as to the quality of acceptability of materials furnished and
work performed; all questions which may arise as to the interpretation of the
specifications; all questions as to the acceptable fulfillment of the contract on
the part of CONTRACTOR; and all questions as to compensation. His decision shall
be final and he shall have authority to enforce and make effective such decisions
and orders which CONTRACTOR fails to carry out promptly and deduct the cost thereof
from the payments made to CONTRACTOR.
INSURANCE
(1) CONTRACTOR shall.deposit with the CITY a certificate of Workmen's
Compensation Insurance policy, which shall be in accordance with the laws of the
State of California.
(2) CONTRACTOR shall deposit with the CITY a certificate of insurance
on forms provided by the City which shall evidence the fact that CONTRACTOR has in
full force and effect a comprehensive Bodily Injury and Property Damage insurance
policy in amounts and coverages of not less than that which is set forth in said
City form.
(3) The policy shall name the City of Newport Beach as an additional
insured. In addition, the policy shall provide that it cannot be cancelled without
at least thirty (30) days notice to CITY.
CONTRACT EXTENSION OR TERMINATION
(1) The duration of this Aoreement may be extended for successive
one year periods so long as the parties hereto mutually agree in writing with
respect to each such extension at least thirty (30) calendar days prior to the
date on which the contract or an extension thereof would otherwise have terminated.
(2) This Agreement may be terminated for any reason by thirty (30)
days prior written notice of intent to terminate, which notice may be given by
either party to the other party to such agreement.
i z,
LICENSES
CONTRACTOR must possess a valid City Business License.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH, A
Municipal Corporation
By
Mayor
BY_
Contractor
i
7Y A Pr
RESOLUTION NO. 912 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A COOPERATIVE FUNDING
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE COUNTY OF ORANGE FOR HARBOR DEBRIS
CLEANUP
WHEREAS, Newport Harbor is an authorized navigational
project of the County's Harbors, Beaches and Parks District;
and
WHEREAS, much of the land and water area of Newport
Harbor consists of public tidelands under the administrative
jurisdiction of both the City and the County; 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 appropriate tidelands trust legislation; and
WHEREAS, one of the operational aspects of said
harbor is the removal of floating debris and litter from
harbor waters; and
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Cooperative Funding
Agreement between the City of Newport Beach and the County of
Orange for the purpose of facilitating the removal of floating
litter and debris from public tidelands areas for the benefit
and enjoyment of the public and for the purposes of the respective
City and County tidelands trust; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Cooperative Funding Agreement and finds them
to be satisfactory and that it would be in the best interest of
� 4_s-
the City to authorize the Mayor and City Clerk to execute said
Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Cooperative Funding
Agreement above described is hereby approved, and the Mayor and
City Clerk are authorized and directed to execute the same on
behalf of the City of Newport Beach.
ADOPTED this 27th day of June
Mayor
ATTEST:
City Clerk
1977.
,
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DO c
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6/22/79