HomeMy WebLinkAboutC-3614 - PSA - Harbor ProjectsBY WE CITY COUNCIL
CRY OF NEWPORT BEACH
h'a,Y i 2004
JS,IiC�Z�'l/ I
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
May 11, 2004
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
tossmiller(a) city. newport-beach. ca. us
Dave Kiff, Assistant City Manager, 949 - 644 -3002
d kiff[cilcity. newport- beach. ca. us
SUBJECT: Budget Amendment and Approval of Amendment No. 1 to the
Professional Services Agreement for Harbor Resources Program and
Project Support with Tetra Tech, Inc.
ISSUE:
Should the City authorize a budget amendment and an amendment to an existing
professional services agreement with Mr. Larry Paul of Tetra Tech Inc?
RECOMMENDATION:
1. Approve Amendment No.1 to an existing sole- source Professional Services
Agreement with Tetra Tech Inc. extending the Agreement's term to June 30, 2005,
2. Approve Budget Amendment No. 2004 - appropriating $50,750 from
unencumbered reserves (Tidelands Fund) to the City Manager's 0310 -8080 account
to fund the period of December 1, 2003 through June 30, 2004.
DISCUSSION:
Background:
On May 28, 2003 the City of Newport Beach entered into a six -month sole- source
professional services agreement with Larry Paul of Tetra Tech Inc. in order to provide
program and project support to the Harbor Resources Division. The not -to- exceed
contract price was $66,557.00.
Budget Amendre& Amendment to Professional Services eement with Tetra Tech, Inc.
May 11, 2004
Page 2
During that time period, Mr. Paul has been instrumental in assisting Harbor Resources
to:
• Obtain federal funding and implementation of Phase One dredging in Lower
Newport Bay;
• Serve as liaison to the US Army Corps of Engineers regarding the Upper
Newport Bay Ecosystem Restoration Project;
• Develop an Eelgrass Management Strategy to present to the Resources
Agencies and Congress for support and funding;
• Obtain federal funding for the removal of sand from the Lower Santa Ana River
and placement of that sand in the West Newport groin field;
• Prepare briefings and talking points for Council Members' trips to Washington,
D.C. to discuss harbor- and Bay - related issues; and
• Promote better coordination and cooperation with the Orange County Sheriffs
Harbor Patrol on harbor enforcement and operations issues.
Looking Ahead:
It would be beneficial to continue Tetra Tech's services through June 30, 2005 to
continue the progress that has been made to bring resolution to the problematic
maintenance dredging issues in the federal channels of the Lower Bay. In addition, with
the assistance of T etra Tech we will have an enhanced o pportunity to get all of the
Resources Agencies to participate in the preparation of a Harbor Area Management
Plan ( "HAMP ") that will, among other things, set a baseline for the amount of eelgrass
necessary to maintain essential fish habitat. Both of these issues are critical to
sustaining safe navigation in the harbor.
Terms of the Agreement Amendment
The proposed extension of the professional services agreement provides for "as
needed" staff assistance at an estimated rate of 52 hours per month. The term of the
agreement expired on November 28, 2003. The proposed Amendment No. 1 would:
• Extend the term to June 30, 2005, subject to cancellation by the City without
cause with 30 days' written notice of cancellation from City to Tetra -Tech.
• Provide for funding in the amount of $7,250 per month unless billable hours do
not equal that amount — in this case, the hours would be billed at scheduled rates
(roughly $163 /hour for Mr. Paul's services).
Environmental Review: The City Council's discussion of this Agenda Item does not
require environmental review.
Budget Amend* & Amendment to Professional Service*ement with Tetra Tech, Inc.
May 11, 2004
Page 3
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: T he period of J my 1 , 2004 through June 30, 2005 is included
within the proposed FY 2004 -05 Budget. But the Council will need to amend the FY
2003 -04 Budget (thus the need for the Budget Amendment) to cover the period from
December 2003 through June 2004 (seven months at $7,250 per month = $50,750.
Alternatives: Perform the necessary duties with existing in -house staff.
Prepared by:
Submitted by:
eaz;� le7'� J� � LU.
Tom Rossmiller, Harbor Resources Manager DavkKi , Assistant City Manager
Attachments: Amendment No 1 to Professional Services Agreement
Budget Amendment
Budget Amend& Amendment to Professional Services eement with Tetra Tech, Inc.
May 11, 2004
Page 4
PROFESSIONAL SERVICES AGREEMENT
FOR HARBOR RESOURCES SUPPORT SERVICES
AMENDMENT NO. 1
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
-entered into this 11th day of May, 2004, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and TETRA TECH,
INC., whose address is 1770 Cartwright Road, Suite 500, Irvine, California, 92614,
(hereinafter referred to as "Consultant'), is made with reference to the following:
RECITALS:
A. On May 28, 2003, CITY And CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT', for Harbor Resources
Support.
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional
services not included in the AGREEMENT and to extend the term of the AGREEMENT
to June 30, 2005.
C. CITY desires to compensate CONSULTANT for additional professional
services needed.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed pursuant to
this AMENDMENT NO. 1.
Budget Amend & Amendment to Professional Serviceseement with Tetra Tech, Inc.
May 11, 2004
Page 5
2. Total additional compensation to CONSULTANT for services performed
pursuant to this AMENDMENT NO. 2 shall not exceed seven thousand, two hundred
and fifty dollars ($7,250.00) per month.
3. The term of the AGREEMENT shall be extended to June 30, 2005.
4. This AGREEMENT is cancelable by the City without cause with thirty (30)
days written notice of cancellation by CITY to CONSULTANT.
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
LAVONNE HARKLESS, City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
En
TOD W. RIDGEWAY, Mayor
City of Newport Beach
TETRA TECH, INC.
0
tty of /Newport Beach
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 04BA -059
AMOUNT: $50,750.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for extending Professional Services agreement with Tetra Tech Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
230 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Signed:
Number
Number
Number
Number
Number
Number
Number
Number
Description
Description
Description
0310 General Fund
8080 Services- Prof & Tech, NOC
Amount
Debit Credit
$50,750.00
$50,750.00
Date
Jr ate O
Signed:
City Council Approval: City Clerk Date
*ity of Newport Beact*
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
rX1 from unappropriated fund balance
EXPLANATION:
fig
NO. BA- 04BA -059
AMOUNT: $so,75o.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for extending Professional Services agreement with Tetra Tech Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
230 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Signed
Signed:
Number
Number
Number
Number
Number
Number
Number
Number
Description
Description
Description
0310 General Fund
8080 Services- Prof & Tech, NOC
City Council Approval: City Clerk
Amount
Debit Credit
$50,750.00
$50,750.00
Date
s 151144
at
s ii
Date
F
0
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT entered into this 28'h day of May, 2003, by and between the City of
Newport Beach ( "City'), a municipal corporation, and Tetra Tech, Inc., 17770 Cartwright Road,
Suite 500, Irvine, California 92614, ( "Consultant "), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide project management, sub - consultant
contracting, and any other work relating to Harbor Resources projects and programs.
C. The principal member of Consultant is for purposes of this Agreement, Mr. Larry
Paul.
D. City has reviewed the previous experience and evaluated the expertise of
Consultant, and desires to contract with Consultant under the terms and conditions
provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
1. TERM
The term of this Agreement shall commence on the 28'h day of May, 2003, and shall be
for a term of 6 months upon execution by all parties of this Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the Scope of Work, attached
hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
The total estimated costs for services described in Exhibit A are not to exceed $66,557.
City shall pay Consultant for the services in accordance with the provisions of this Section and
the budget, attached hereto as Exhibit "B" and incorporated herein by reference. No changes
shall be made during the term of this Agreement without prior written approval of City. City's
obligation to compensate Consultant for all work performed in accordance with this Agreement
shall not exceed the total contract price of sixty -six thousand five hundred and fifty -seven dollars
($66,557.00).
• Harbor Rfurces Consulting Agreement
May 28, 2003
Page 2
3.1 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed on an
hourly basis and all approved incidental expenses including reproductions, computer printing,
postage, airfare, travel expenses and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior written
authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "B"
and incorporated herein by reference. City shall reimburse Consultant only for those costs or
expenses, which have been specifically approved in this Agreement, or specifically approved in
advance by City.
4. STANDARD OF CARE
4.1 Except to the extent provided in paragraph 19 below, all of the services shall be
performed by Consultant or under Consultant's supervision. Consultant represents that it
possesses the professional and technical personnel required to perform the services required
by this Agreement, and that it will perform all services in a manner commensurate with the
community professional standards. Consultant shall use only qualified and experienced
personnel who are not employed by City to perform all services as set forth in Exhibit A (Scope
of Work). Consultant represents and warrants to City that it has or shall obtain all applicable
licenses and permits, if any, required of its profession, including registration, if applicable, as a
person or entity authorized to advocate before state and local officials or departments.
Consultant further represents and warrants that it shall keep in effect all such licenses and
permits during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible
for damages or be in default or deemed to be in default by reason of strikes, lockouts,
accidents, or acts of God, or the failure of City to furnish timely information or to approve or
disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control or without Consultant's
fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the expressed
terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or
any of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the details and means of performing the work
provided that Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement which may appear to give City the right to direct Consultant as to the details of the
performance of the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
• Harbor Alources Consulting Agreement
May 28, 2003
Page 3
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable times
during the Project term. Consultant has designated Larry Paul as its Project Manager.
Consultant may designate other personnel as necessary to fulfill project management
obligations.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants that it will continuously furnish the necessary personnel to complete the Project on a
timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule specified in the Scope of
Work (Exhibit A). The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be
responsible for delays, which are due to causes beyond Consultant's reasonable control as set
forth further in paragraph 4.2 above. However, in the case of any such delay in the services to
be provided for the Project, each party hereby agrees to provide notice to the other party so that
all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of the
condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays, which are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances, by either telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction with
the Project Administrator in advance of all critical decision points in order to ensure that the
Project proceeds in a manner consistent with City goals and policies.
• Harbor Resources Consulting Agreement
May 28, 2003
Page 4
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
officers, and employees (collectively "Indemnitees ") from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims arising from any and all negligent acts or omissions of Consultant,
its employees, agents or subcontractors in the performance of services conducted or performed
or products provided pursuant to this Agreement, excepting only the sole negligence, active
negligence, or willful misconduct of Indemnitees, and shall include attorneys' fees and all other
costs incurred in good faith and in the exercise of reasonable discretion in defending any such
claim. Nothing in this hold harmless agreement shall be construed as authorizing any award of
attorneys' fees or other costs in any action on or to enforce the terms of this Agreement.
12. INSURANCE
Without limiting Consultant's indemnification of Indemnitees, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement, the following policies of insurance:
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California; and
B. Commercial general liability insurance covering third party liability risks, including
without limitation, contractual liability, in a minimum amount of $1 million combined
single limit per occurrence for bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project or the general
aggregate limit shall be twice the occurrence limit.
City shall be added as an additional insured to Consultant's general liability insurance
policy. Certificates of Insurance for the above - required policies shall be signed by a person
authorized by the applicable insurer to bind coverage on its behalf and must be filed with City
prior to exercising any right or performing any work pursuant to this Agreement.
All insurance policies shall be issued by an insurance company currently authorized by
the Insurance Commissioner to transact the business of insurance in the State of California,
with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise
approved by the City Risk Manager.
Said policy or policies shall be endorsed to state that either party shall not cancel
coverage, except after thirty (30) days prior notice has been given in writing to City. Consultant
shall give City prompt and timely notice of a claim made or a suit instituted arising out of
• Harbor Aurces Consulting Agreement
May 28, 2003
Page 5
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its sole discretion may be necessary
for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general liability insurance, Consultant shall look solely to its
insurance for recovery excepting only perils arising out of the sole negligence, active
negligence, or willful misconduct of indemnities. Consultant hereby grants to City, on behalf of
any insurer providing comprehensive general liability insurance to Consultant with respect to the
services of Consultant herein, a waiver of any right of subrogation, which any such insurer of
said Consultant might acquire against City by virtue of the payment of any loss under such
insurance.
13. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for
the services to be performed under this Agreement, directly or indirectly, by operation of law or
otherwise without prior written consent of City. Any attempt to do so without consent of City
shall be null and void.
14. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
15. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to cooperate with Consultant in the development and production of display
materials, advocacy letters, background information, maps and related GIS data, and research
data, and to provide assistance in contacting and meeting with public agencies, elected officials
and other individuals or entities where requested by Consultant, and to install display and public
information materials on site if deemed appropriate. City agrees to provide all necessary review
of the project's legal requirements.
16. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Dave Kiff shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall represent City
in all matters pertaining to the services to be rendered pursuant to this Agreement.
17. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or copies
of such records during normal business hours. Consultant shall allow inspection of all work,
• Harbor Rfources Consulting Agreement
May 28, 2003
Page 6
data, documents, proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
18. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Agreement. Consultant shall not discontinue work as a result of
such withholding. Consultant shall have an immediate right to appeal to the City Manager or his
designee with respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
19. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project. City
expressly acknowledges and agrees that Consultant shall have no liability whatsoever for the
acts or omissions of any person or entity engaged directly by City.
20. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially affected
by the work performed under this Agreement, and (2) prohibits such persons
from making, or participating in making decisions that will foreseeably financially
affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
21. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior written
approval of City, except for design production of graphic or visual materials necessary to the
Project, which design and production by a subcontractor is hereby approved.
22. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
third business day after the deposit thereof in the United States mail, postage prepaid, first class
mail, addressed as hereinafter provided.
• Harbor Aurces Consulting Agreement
May 28, 2003
Page 7
All notices, demands, requests or approvals from Consultant to City shall be addressed
to City, attention Dave Kiff at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Phone -- 949/644 -3002 and
Fax -- 949/644 -3020
E -Mail -- dkiff @city.newport- beach.ca.us
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant, attention Larry Paul at:
Tetra Tech, Inc.
17770 Cartwright Road, Suite 500
Irvine, CA 92614
Phone - 949 - 250 -6788
Fax - 949 - 250 -6776
E -mail — larry.paul @ttisg.com
23. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of two (2) days, or if
more than two (2) days are reasonably required to cure the default and the defaulting party fails
to give adequate assurance of due performance within two (2) days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure such
default, the nondefaulting party may terminate the Agreement forthwith by giving to the
defaulting party written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon
termination of this Agreement, City shall pay to the Consultant that portion of compensation
specified in this Agreement that is earned and unpaid prior to the effective date of termination.
24. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
25. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein, whether of the same or a different character.
Harbor Sources Consulting Agreement
May 28, 2003
Page 8
26. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the Parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall
be held to vary the provisions herein. Any modification of this Agreement will be effective only
by written execution signed by both City and Consultant.
27. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent, trademark,
or copyright infringement, including costs, contained in Consultant's drawings and specifications
provided under this Agreement.
28. WORK PRODUCTS
All materials and work products produced by Consultant as a result of this agreement
are the property of the City. Consultant shall receive copies of all such materials and work
products and shall have an irrevocable right to use all such materials and work products for any
lawful and appropriate use in the normal course and scope of its activities.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROV? AS TO FORM: CITY OF NEWPORT BEACH
�� A Municipal Corporation
=rt H. Burnham,
Attorney
By: w
Homer Blu u, City Manager
for the City of Newport Beach
CONSULTANT L-
By: T ,
Patti Sexton, Irvine Office Leader
For Tetra Tech, Inc.
• Harbor S urces Consulting Agreement
May 28, 2003
Page 9
Exhibit A
Scope of Work:
Harbor Resources Projects & Programs
1. Balboa Island Beach Replenishment - Review the economics and develop a
feasibility study and recommend implementation method.
2. Work with Harbor Patrol to expedite the abandoned and derelict vessel program and
utilize the $30k grant to fund this effort.
3. Work with the various Federal agencies to resolve the Eelgrass project mitigation
and management plan.
4. Work with State, Federal, and County agencies on the Santa Ana River Sand
replenishment for the West Newport Groin field.
5. Assist the COE in developing a Lower Bay Dredging plan and assist in obtaining full
federal funding,
6. Work with the Corps and EPA to finalize the permanent designation of LA3.
7. Assist Harbor Resources Manager in developing Harbor Commission and City
Council agenda items and the requisite staff reports.
8. Attend various Harbor Commission and City Council Meetings.
9. Provide monthly project updates to Harbor Resources Manager.
10. Meet Monthly with Corps Staff and Executives regarding the Newport Beach
Federal Program.
11. Accompany and provide briefing for City Elected officials for Sacramento and
Washington, D.C. visits if requested.
Exhibit B
Budget
Consultant Services -
on an "as needed" basis not to exceed ......................
Administrative Support Services -
Contract, timekeeping, repro & invoicing
on an "as needed" basis not to exceed ......................
Travel
Mileage to Corps of Engineers -LA District
Travel (If Requested - Optional)
To Sacramento and Washington, D.C.
(if requested - optional)
Total - including optional travel to Sacramento & Washin
Harbor Resources Consulting Agreement
May 28, 2003
Page 10
........................... $ 62,496
............................ $ 1.161
D.C.
$ 400
$ 2,500
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
May 27, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
9491644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Professional Services --Budget Amendment
ISSUE:
Should the City Council authorize a Budget Amendment for several projects and the
hiring of a specific consultant for Harbor Projects?
RECOMMENDATION:
1 -- Authorize the City Manager to enter into a $66,557 contract with Mr. Larry Paul of
Tetra -Tech, Inc. for consultant services relating to Newport Bay.
2 -- Adopt Budget Amendment # VVI in the amount of $128,600 transferring revenue
from unencumbered reserves to the City Manager's Professional and Technical
Services (8080) Account.
DISCUSSION:
Background:
As the Fiscal Year closes, I believe that several important items must be addressed to
effectively address the following issues in Newport Beach. Several of these issues
require the services of consultants. The issues -- and the likely costs associated with
each -- are as follows:
1. Newport Bay and Newport Harbor. The Harbor Resources Division has
suggested the retention of Larry Paul, formerly of the County of Orange and
currently with Tetra -Tech, Inc. to assist the Division with:
• Consultant Services & Budget Amendment
May 27, 2003
Page 2
• A strategic response and advocacy relating to the increasing growth of eelgrass
in the Harbor, especially as eelgrass relates to important dredging and sand
replenishment projects;
• Sand Replenishment in West Newport and sand removal from the Santa Ana
River (a US Army Corps Project);
• Upper and Lower Bay Dredging, including federal funding for both Corps projects
and the retention of LA -3 as a permanently- designated sediment disposal site;
• Other activities as directed by the Harbor Resources Manager, especially as they
may relate to the Harbor Commission's Task List.
Mr. Paul has direct and unique experience in these multi - million dollar issues. As
a result, this Agenda Item also includes a request that the Council authorize the
City Manager to enter into a sole- source contract with Mr. Paul's firm (Tetra -
Tech, Inc.) for Mr. Paul's services. Tom Rossmiller, Harbor Resources Manager,
will manage the Professional Services Agreement with Mr. Paul.
2. Santa Ana Heights Pre - Zoning. If the City is to consider annexing West Santa
Ana Heights, it must begin pre- zoning the area and adding the region to the
City's General Plan. Mr. Larry Lawrence, a private consultant with zoning
experience, has assisted us in the past with similar pre- zoning efforts in East
Santa Ana Heights. Mr. Lawrence's contract, if we were to hire him, is likely to
fall below the $30,000 threshold requiring Council approval.
3. Seashore Drive Water Quality Plan. The California Regional Water Quality
Control Board, Santa Ana Region, has accepted the City's proposal to
extensively (and more inexpensively) use monitoring, education, and
enforcement to clean up contaminated runoff from a Seashore Drive storm drain.
The City will use Clean Beaches Initiative funds to address the lion's share of
these expenses (especially the retrofitting of several catch basis with filters and
screens), but about $12,000 in expenses are ineligible for CBI reimbursement.
4. Finalization of our LIP. Since March, we have had a consultant, Mr. John
Kappeler, preparing Newport Beach's Local Implementation Plan (LIP) as
required by our National Pollutant Discharge Elimination System (NPDES) permit
to operate a storm drain system. The LIP is an extensive document that has
never been done before -- as such, it has taken longer that I expected to
complete it. I wish to retain Mr. Kappeler for a longer period of time.
5. Newport Coast Community Center. The Newport Coast Advisory Committee is
charged with making recommendations to the City regarding the development of
a community center in the Newport Coast. After soliciting input from at least
three architects or designers, the Committee has asked that the City retain
Betsey Dougherty of Dougherty and Dougherty to perform a "Needs
Assessment" for the Center. This contract -- estimated to be about $10,000 --
does not require Council approval. The $10,000 will be deducted from the
• Consultant Servia & Budget Amendment
May 27, 2003
Page 3
$7,000,000 set aside by the Council for the Community Center's construction via
the Pre - Annexation Agreement with the Newport Coast for this purpose.
6. Water Quality Educational Material. For the past several weeks, I have planned
on developing an informational kiosk or wall display for the Building-Planning-
Public Works area that would help educate builders and homeowners about
water quality - friendly design. I have also sought to upgrade the useability of the
City's water quality web site (www.CleanWaterNewport.com). About $12,000 in
funds will accomplish both actions.
Each of these are one -time actions that are attainable using current year revenues.
Here is a summary of the items that make up the proposed Budget Amendment
included with this Agenda Item:
Harbor Resources assistance = $ 66,600
West SAH /Area 7 Pre - Zoning = 20,000
Seashore Drive WQ Improvement Plan = 12,000
Completing the NPDES LIP = 8,000
Newport Coast Community Center Needs Assessment: 10,000
Water Quality Educational Material = 12.000
Total added to 0310 -8080 = 128 00
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
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 This Item suggests funding using the current fiscal year's
unencumbered reserves.
Submitted by:
h_�UN -
Dave
Assistant City Manager
Attachments: Professional Services Agreement with Tetra -Tech
Budget Amendment #
0 0
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT, entered into this day of May 2003, by and between the City
of Newport Beach (City), a municipal corporation, and Tetra Tech, Inc., 17770 Cartwright Road,
Suite 500, Irvine, California ( "CONSULTANT "), is made with reference to the following:
follows:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
C. City desires to engage Consultant to provide project management, sub - consultant
contracting, and any other work relating to Harbor Resources project and programs.
D. The principal members of Consultant, are for purpose of this Project, Mr. Larry
Paul.
E. City has reviewed the previous experience and evaluated the expertise of
Consultant, and desires to contract with Consultant under the terms and conditions
provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
TERM
The term of this Agreement shall commence on the ! day of May 2003 and shall be fore
a term of 6 months upon execution by all parties of this Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services, attached
hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
The total estimated costs for services described in Exhibit A are not to exceed $66,557.
shall pay Consultant for the services in accordance with the provisions of this Section and the
budget, attached hereto as Exhibit "B" and incorporated herein by reference. No changes shall be
made during the term of this Agreement without prior written approval of City. City's obligation to
compensate Consultant for all work performed in accordance with this Agreement shall not exceed
the total contract price of sixty -six thousand five hundred and fifty seven dollars ($66,557.00).
Harbor Resources Consulting Agreement
April , 2003
Page 2
3.1 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed on an
hourly basis and all approved incidental expenses including reproductions, computer printing,
postage, airfare, travel expenses and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior written
authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "B"
and incorporated herein by reference. City shall reimburse Consultant only for those costs or
expenses, which have been specifically approved in this Agreement, or specifically approved in
advance by City.
4. STANDARD OF CARE
4.1 Except to the extent provided in paragraph 19 below, all of the services shall be
performed by Consultant or under Consultant's supervision. Consultant represents that it
possesses the professional and technical personnel required to perform the services required
by this Agreement, and that it will perform all services in a manner commensurate with the
community professional standards. Consultant shall use only qualified and experienced
personnel who are not employed by City to perform all services as set forth in Exhibit A (Scope
of Work). Consultant represents and warrants to City that it has or shall obtain all applicable
licenses and permits, if any, required of its profession, including registration, if applicable, as a
person or entity authorized to advocate before state and local officials or departments.
Consultant further represents and warrants that it shall keep in effect all such licenses and
permits during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible
for damages or be in default or deemed to be in default by reason of strikes, lockouts,
accidents, or acts of God, or the failure of City to furnish timely information or to approve or
disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control or without Consultant's
fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the expressed
terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or
any of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the details and means of performing the work
provided that Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement which may appear to give City the right to direct Consultant as to the details of the
performance of the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the services.
Harbor Resources Consulting Agreement
April , 2003
Page 3
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable times
during the Project term. Consultant has designated Larry Paul as its Project Manager.
Consultant may designate other personnel as necessary to fulfill project management
obligations.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants that it will continuously furnish the necessary personnel to complete the Project on a
timely basis as contemplated by this Agreement.
B. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
Consultant shall perform the services in accordance with the schedule specified in the Scope of
Work (Exhibit A). The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be
responsible for delays, which are due to causes beyond Consultant's reasonable control as set
forth further in paragraph 4.2 above. However, in the case of any such delay in the services to
be provided for the Project, each party hereby agrees to provide notice to the other party so that
all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of the
condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays, which are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances, by either telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction with
the Project Administrator in advance of all critical decision points in order to ensure that the
Project proceeds in a manner consistent with City goals and policies.
t,
0 0
Harbor Resources Consulting Agreement
April , 2003
Page 4
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
officers, and employees (collectively "Indemnitees") from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims arising from any and all negligent acts or omissions of Consultant,
its employees, agents or subcontractors in the performance of services conducted or performed
or products provided pursuant to this Agreement, excepting only the sole negligence, active
negligence, or willful misconduct of Indemnitees, and shall include attorneys' fees and all other
costs incurred in good faith and in the exercise of reasonable discretion in defending any such
claim. Nothing in this hold harmless agreement shall be construed as authorizing any award of
attorneys' fees or other costs in any action on or to enforce the terms of this Agreement.
12. INSURANCE
Without limiting Consultant's indemnification of Indemnitees, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement, the following policies of insurance:
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California; and
B. Commercial general liability insurance covering third party liability risks, including
without limitation, contractual liability, in a minimum amount of $1 million combined
single limit per occurrence for bodily injury, personal injury and property damage. If
commercial general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this Project or the general
aggregate limit shall be twice the occurrence limit.
City shall be added as an additional insured to Consultant's general liability insurance
policy. Certificates of Insurance for the above - required policies shall be signed by a person
authorized by the applicable insurer to bind coverage on its behalf and must be filed with City
prior to exercising any right or performing any work pursuant to this Agreement.
All insurance policies shall be issued by an insurance company currently authorized by
the Insurance Commissioner to transact the business of insurance in the State of California,
with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise
approved by the City Risk Manager.
Said policy or policies shall be endorsed to state that either party shall not cancel
coverage, except after thirty (30) days prior notice has been given in writing to City. Consultant
shall give City prompt and timely notice of a claim made or a suit instituted arising out of
K
Harbor Resources Consulting Agreement
April , 2003
Page 5
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its sole discretion may be necessary
for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general liability insurance, Consultant shall look solely to its
insurance for recovery excepting only perils arising out of the sole negligence, active
negligence, or willful misconduct of indemnities. Consultant hereby grants to City, on behalf of
any insurer providing comprehensive general liability insurance to Consultant with respect to the
services of Consultant herein, a waiver of any right of subrogation, which any such insurer of
said Consultant might acquire against City by virtue of the payment of any loss under such
insurance.
13. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for
the services to be performed under this Agreement, directly or indirectly, by operation of law or
otherwise without prior written consent of City. Any attempt to do so without consent of City
shall be null and void.
14. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
15. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to cooperate with Consultant in the development and production of display
materials, advocacy letters, background information, maps and related GIS data, and research
data, and to provide assistance in contacting and meeting with public agencies, elected officials
and other individuals or entities where requested by Consultant, and to install display and public
information materials on site if deemed appropriate. City agrees to provide all necessary review
of the project's legal requirements.
16. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Dave Kiff shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall represent City
in all matters pertaining to the services to be rendered pursuant to this Agreement.
17. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or copies
of such records during normal business hours. Consultant shall allow inspection of all work,
Harbor Resources Consulting Agreement
April , 2003
Page 6
data, documents, proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
18. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Agreement. Consultant shall not discontinue work as a result of
such withholding. Consultant shall have an immediate right to appeal to the City Manager or his
designee with respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
19. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project. City
expressly acknowledges and agrees that Consultant shall have no liability whatsoever for the
acts or omissions of any person or entity engaged directly by City.
20. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially affected
by the work performed under this Agreement, and (2) prohibits such persons
from making, or participating in making decisions that will foreseeably financially
affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
21. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior written
approval of City, except for design production of graphic or visual materials necessary to the
Project, which design and production by a subcontractor is hereby approved.
22. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
third business day after the deposit thereof in the United States mail, postage prepaid, first class
mail, addressed as hereinafter provided.
Harbor Resources Consulting Agreement
April , 2003
Page 7
All notices, demands, requests or approvals from Consultant to City shall be addressed
to City, attention Dave Kiff at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Phone — 949/644 -3002 and
Fax — 949/644 -3020
E -Mail — dkiff @city.newport- beach.ca.us
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant, attention Esther Feldman at:
Tetra Tech, Inc.
17770 Cartwright Road, Suite 500
Irvine, CA 92614
Phone - 949 - 250 -6788
Fax - 949 - 250 -6776
E -mail — larry.paul @ttisg.com
23. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of two (2) days, or if
more than two (2) days are reasonably required to cure the default and the defaulting party fails
to give adequate assurance of due performance within two (2) days after receipt of written
notice of def ?ult, specifying the nature of such default and the steps necessary to cure such
default, the nondefaulting party may terminate the Agreement forthwith by giving to the
defaulting party written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon
termination of this Agreement, City shall pay to the Consultant that portion of compensation
specified in this Agreement that is earned and unpaid prior to the effective date of termination.
24. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
25. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein, whether of the same or a different character.
a
Harbor Resources Consulting Agreement
April , 2003
Page 8
26. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the Parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall
be held to vary the provisions herein. Any modification of this Agreement will be effective only
by written execution signed by both City and Consultant.
27. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent, trademark,
or copyright infringement, including costs, contained in Consultant's drawings and specifications
provided under this Agreement.
28. WORK PRODUCTS
All materials and work products produced by Consultant as a result of this agreement
are the property of the City. Consultant shall receive copies of all such materials and work
products and shall have an irrevocable right to use all such materials and work products for any
lawful and appropriate use in the normal course and scope of its activities.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
0
Robert H. Burnham,
City Attorney
0
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT
By:
Patti Sexton, Irvine Office Leader
For Tetra Tech, Inc.
Harbor Resources Consulting Agreement
April , 2003
Page 9
Exhibit A
Scope of Work:
Harbor Resources Projects & Programs
1. Balboa Island Beach Replenishment - Review the economics and develop a
feasibility study and recommend implementation method.
2. Work with Harbor Patrol to expedite the abandoned and derelict vessel program and
utilize the $30k grant to fund this effort.
3. Work with the various Federal agencies to resolve the Eelgrass project mitigation
and management plan.
4. Work with State, Federal, and County agencies on the Santa Ana River Sand
replenishment for the West Newport Groin field.
5. Assist the COE in developing a Lower Bay Dredging plan and assist in obtaining full
federal funding,
6. Work with the Corps and EPA to finalize the permanent designation of LA3.
7. Assist Harbor Resources Manager in developing Harbor Commission and City
Council agenda items and the requisite staff reports.
8. Attend various Harbor Commission and City Council Meetings.
9. Provide monthly project updates to Harbor Resources Manager.
10. Meet Monthly with Corps Staff and Executives regarding the Newport Beach
Federal Program.
11. Accompany and provide briefing for City Elected officials for Sacramento and
Washington, D.C. visits if requested.
1>
• •
Harbor Resources Consulting Agreement
April , 2003
Page 10
Exhibit B
Budget
Consultant Services -
on an "as needed" basis not to exceed .................... ...............................
$
62,496
Administrative Support Services -
Contract, timekeeping, repro & invoicing
on an' as needed" basis not to exceed .................... ...............................
1,161
Travel
Mileage to Corps of Engineers -LA District
$•
400
Travel (If Requested - Optional)
To Sacramento and Washington, D.C.
$
2,500
(if requested - optional)
Total - including optional travel to Sacramento & Washington, D.C.
$
66,557
13
#ty of Newport Beach*
BUDGET AMENDMENT
2002 -03
E 'CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
rfl Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
PX
EXPLANATION:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
NO. BA- 069
AMOUNT: $128,600.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for a variety of projects to be overseen by the City Manager's Office.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
Account
Description
010
3605
General Fund Fund Balance
500
3605
Water Fund Fund Balance
298
3605
Newport Coast Annex Bldg Fund Balance
F VUE ESTIMATES (3601)
Number
7298
Fund /Division
Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
S
Administrative Services Director
Approval: City Manager
Debit Credit
$98,600.00 `
$20,000.00 .
$10,000.00
Autmna#c
$118,600.00
$10,000.00
S- e?o -o?
Date
Datb U
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
0310
City Manager's Office
Account
Number
8080
Services - Professional & Technical
Division
Number
7298
Newport Coast Annex Bldg Cap Project
Account
Number
C5100705
Newport Coast Community Center
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
S
Administrative Services Director
Approval: City Manager
Debit Credit
$98,600.00 `
$20,000.00 .
$10,000.00
Autmna#c
$118,600.00
$10,000.00
S- e?o -o?
Date
Datb U
Signed:
City Council Approval: City Clerk Date
qty of Newport Beach •
BUDGET AMENDMENT
2002 -03
E 'CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 069
AMOUNT: $�2s,soo.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
HIAlY 1-.3
To increase expenditure appropriations for a variety of projects to be overseen by the City Manager's Office.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
Account
Description
010
3605
General Fund Fund Balance
500
3605
Water Fund Fund Balance
298
3605
Newport Coast Annex Bldg Fund Balance
R VUE ESTIMATES (3601)
Number
7296
Fund /Division
Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
S-
Administrative Services Director
Approval: City
Signed: L/1 /'li'c`7LTi, tl V'I 17Zt
City Council Approval: City Clerk
Amount
Debit Credit
$98,600.00
$20,000.00
$10,000.00 `
$118,600.00
$10,000.00
Date
hU lo
Oak
Date
Description
Division
Number
0310
City Managers Office
Account
Number
8080
Services - Professional & Technical
Division
Number
7296
Newport Coast Annex Bldg Cap Project
Account
Number
C5100705
Newport Coast Community Center
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
S-
Administrative Services Director
Approval: City
Signed: L/1 /'li'c`7LTi, tl V'I 17Zt
City Council Approval: City Clerk
Amount
Debit Credit
$98,600.00
$20,000.00
$10,000.00 `
$118,600.00
$10,000.00
Date
hU lo
Oak
Date