HomeMy WebLinkAboutC-2539 - Agreement (for Removal of Floating Debris and Littler from Harbor Waters)Y �
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
A G R E E M E N T
Agreement No. D06 -040
THIS AGREEMENT, for purposes of identification hereby dated the Nrid day
of , 2006, is
BY AND BETWEEN The City of Newport Beach, a municipal
Corporation, hereinafter referred to
as "CITY ",
AND The County of Orange, a subdivision of the
State of California, hereinafter referred to
as "COUNTY ".
CITY and COUNTY are sometimes hereinafter referred to as the "parties"
and individually as the "party ".
R E C I T A L S
WHEREAS, much of the land and water area of Newport Harbor (the "Harbor ")
consists of public tidelands under administrative jurisdiction of both the
COUNTY and CITY; and
WHEREAS, COUNTY and CITY share an interest in the maintenance and
operations of said public tidelands area for public use and enjoyment pursuant
to the terms and conditions of their respective tidelands trust legislation;
hand
WHEREAS, one of the operational aspects of said Harbor is the removal of
floating debris and litter from Harbor waters, hereinafter referred to as the
"PROJECT ", which is more specifically described below; and
WHEREAS, CITY is capable of providing for the service for the PROEJCT,'a:
set forth herein; and
WHEREAS, CITY and COUNTY have since the 1970's entered into five -year
agreements for the purpose of providing cost - snaring of the debris removal and
refuse pickup services within the harbor and tidal zones of the Harbor; and
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement
for the PROJECT for another five -year period; and
WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to
$35,000 annually for the PROJECT.
NOW, THEREFORE, it is agreed by and between the parties hereto as
follows:
1. RECITALS
The Recitals set forth above are true and correct; are a material part of
this AGREEMENT, and are incorporated herein by this reference.
2. TIME
Time is of the essence in this AGREEMENT.
3. PROJECT _
The PROJECT shall consist of the CITY'S collection and disposal of debris
in Newport Harbor including the West Newport channels, Promontory Point, Grand
Canal, the Rhine, the navigable portions of the bay and those portions
adjacent to the shoreline, whether under CITY or COUNTY jurisdiction. In
addition, the Upper Bay log -boom, maintained for the purpose of collecting
litter, will be cleared of refuse and debris.
4. PERFORMANCE
a. CITY agrees to provide PROJECT services five (5) days a week on a year
round basis. During the summer months of June, July, August and September the
service will be available on weekends as needed, to be determined by CITY'S
Harbor Resources Manager.
b. CITY agrees to collect floating litter and debris, including, but not
limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals
and birds, kelp and other marine growth and construction debris.
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
Agreement No. D06 -040
c. CITY agrees to provide all equipment necessary to collect the
aforementioned debris and at a minimum shall have an 18 -foot vessel equipped
+with skimmers and containers sufficient to transport litter and debris to a
disposal site.
d. CITY agrees to maintain radio communication with the vessel and operator
so as to provide communication between the CITY'S Harbor Resources Division
land the Orange County Sheriff's Harbor Patrol to facilitate the speedy removal
lof debris when observed by citizens or jurisdictions responsible for Harbor
Imaintenance.
15. EXTRA WORK
a. CITY agrees to provide extra work service when hazards to navigation
occur due to debris resulting from storm conditions or other intermittent
lconditions; the CITY will provide manpower to perform extra work as directed
by the CITY'S Harbor Resources Manager, or upon request of COUNTY'S Director
of Harbors, Beaches and Parks, Resources and Development. Management
Department, hereinafter referred to as 'HBP Director ", or designee.
b. CITY agrees to employ only properly trained and qualified personnel and
supervisory personnel in the discharge of its obligations under this
JAgreement.
16. ADMINISTRATION
a. CITY shall have the sole responsibility for administering and obtaining
any necessary governmental agency approvals for said PROJECT, including, but
not limited to the selection of contractors, management of contractors' work,
administration of contracts for compliance with the requirements of all
lapplicable local zoning and building codes and other regulations.
b. CITY shall maintain payroll records of all personnel involved in the
collection and disposal of Harbor debris by name and /or employee number and
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
1 classification to verify actual direct salary costs. CITY shall make these
2 records available upon request of COUNTY'S HBP Director, or designee and the
3 same are subject to audit by the COUNTY'S Auditor- Controller. CITY will keep
4 the payroll records on file for three (3) fiscal years.
5 c. CITY agrees to submit a written report quarterly to the COUNTY'S HBP
6 Director on the approximate quantities of litter and debris collected. This
7 report will also include the number of man -hours worked during the quarterly
8 reporting period.
9 d. CITY shall submit quarterly to COUNTY a billing for one -half of the
10 cost of the work performance under this agreement during such quarter. The
11 amount shall not exceed six thousand two hundred fifty dollars ($6,250) per
12 quarter. CITY may also submit a billing for one -half the cost of work
13 performed, within the "Extra Work" provisions specified in Paragraph "5.a."
14 above of this AGREEMENT during such quarter. The amount for such extra work
15 shall not exceed ten thousand dollars ($10,000) annually. Such extra work
16 billing shall be accompanied by a separate report of the incident and
17 circumstances, including, but not limited to the quantities, types of debris
18 and locations where encountered during the extra work provisions.
19 7. MAXIMUM FINANCIAL OBLIGATION
20 a. COUNTY shall remit payment to CITY within sixty (60) days of receipt
21 of said billing and reports. In no event shall COUNTY'S quarterly liability
22 exceed six thousand two hundred fifty dollars ($6,250) under the terms of this
23 agreement, nor shall the COUNTY'S annual liability exceed ten thousand dollars
24 ($10,000) under the terms of the "Extra Work" provisions of this AGREEMENT.
25 b. COUNTY'S HBP Director, or designee, shall have the authority to.make
26 adjustments to this AGREEMENT, with the concurrence of the CITY, as deemed
necessary in order to advance the purpose of this AGREEMENT, provided that
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•
PROJECT: Harbor Debris Removal
(Job Number - EH21746)
Agreement No. D06 -040
such action does not in the aggregate exceed the total amount of financial
assistance specified in sub - paragraph 'a ", above, unless approved by the Board
lof Supervisors.
18. NOTICES
a. Notices or other communications which may be required or provided
under the terms of this AGREEMENT shall be given as follows:
COUNTY: Director, Harbors, Beaches and Parks
Resources & Development Management Department
County of Orange'
P.O. Box 4048 Santa Ana, CA 92702 -4048
CITY:
Harbor Resources Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Chief, Purchasing and Contracts
Resources and Development Management Department
County of Orange
P.O. Box 4048
Santa Ana, CA 92702 -4048
b. All notices shall be deemed effective when in writing and delivered
person or deposited in the United States of America mail, first class postage,
prepaid and addressed as above. Notwithstanding the above, the COUNTY and CITY
may also provide notices by facsimile transmittal, and any such notices,
correspondence, reports and /or statements authorized or required by this
AGREEMENT, addressed in any other fashion shall be deemed not given. The
parties
hereto
may
change the
addresses to
which notices
are to be sent by
giving
notices
of
such change
to the other
party
9. INDEMNIFICATION
Neither COUNTY nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority, or jurisdiction
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
delegated to CITY under this AGREEMENT. It is also understood and agreed that
pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend
and hold COUNTY harmless from any liability imposed for injury (as defined by
Government Code Section 810.8)by reason of anything done or omitted to be done
1by CITY under this AGREEMENT
110. TERMINATION
COUNTY and CITY both reserve the right to terminate this agreement without
cause effective June 30th of any year by giving sixty (60) days prior written
notice of intention to terminate. In the event of such termination, the total
consideration owing from COUNTY to CITY shall be for all services performed
during that quarter ending June 30th as provided for above.
11. TERM OF AGREEMENT
The term of this agreement shall be for five (5) years beginning July 1, 2006,
and extending through June 30, 2011.
12. EFFECT OF AGREEMENT
This AGREEMENT fully expresses all understanding of the parties and is the
total AGREEMENT between the parties as to the subject matter of this
AGREEMENT. with'the exception of the delegated authority specified in
Paragraph '7.b." above, no material addition to or alteration of the terms of
this AGREEMENT, whether written or verbal, by the parties, their officers,
agents or employees, shall be valid unless in the form of a written amendment
to this AGREEMENT, and is formally approved and executed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3
dates opposite their respective signatures:
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
AT T: D
By
LaVonne rkles , V
City Clerk
APPROVED AS TO FORM:
County Counsel
0
Agreement No. D06 -040
CITY OF NEWPORT BEACH,
By: (:x �-/z
Homer L. Bludau
City Manager
for the City of Newport Beach
COUNTY OF ORANGE
By: By:
Deputy County Counsel Chairman, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD..
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County, California
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
August 22, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division / City Manager's Office
Tom Rossmiller, Manager Harbor Resources, 949- 644 -3041
trossmiller(a)city. newport- beach.ca.us
Dave Kiff, Assistant City Manager, 949 - 644 -3002
d kiff(a. city. n ewport-beach . ca. us
SUBJECT: Approval of a Cooperative Agreement with the County of Orange for
Harbor Debris Removal
ISSUE:
Should the City of Newport Beach enter into a cooperative agreement with the County
of Orange to accept cooperative funding of the Harbor Debris Removal Program?
Authorize the City Manager to execute a cooperative agreement with the County of
Orange whereby the City provides debris removal and refuse pickup services within the
tidal zones of Newport Harbor and the County provides cost - sharing funds.
DISCUSSION:
The Newport Bay contains tidelands that are under the administrative jurisdiction of the
City of Newport Beach and the County of Orange. Both agencies have interest in the
maintenance and operation of their respective portions of the tidelands. However debris
floats around the jurisdictional boundaries due to storm flows, tidal currents, and winds.
Therefore it appears most efficient to have one agency perform the entire debris
cleanup and to have the other agency provide a proportionate share of the funding.
The City and the County have successfully participated in such a cooperative debris
cleanup program since the 1970's and the proposed agreement provides for another
five year continuation of that program.
• County of Orange Agreement
Harbor Debris Removal Program
August 22, 2006
Page 2.
Under the agreement the City submits a quarterly invoice to the County for one -half the
cost of the services provided. The City also may bill for one -half of the extra work
provided in cleaning up debris from storm and other intermittent conditions such as
extreme high tides. The maximum financial obligation of the County under this
agreement is $35,000.
Environmental Review: This project is categorically exempt per Section 15301 (Existing
Facilities), Class 1, which "consists of operation, repair and maintenance... of existing
public or private structures, facilities... involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination."
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: Acceptance of a transfer of funds from the County of Orange is
recommended.
Alternatives: Perform the necessary debris cleanup with City Tidelands funds.
Prepared by: Submitted by:
F--
Tom Rossmiller, Harbor Resources Manager D Kiff, Assistant City Manager
Attachments: Cooperative Agreement
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PROJECT: Harbor Deb* Removal • Agreement No. D06 -040
(Job Number - EH21746)
A G R E E M E N T
THIS AGREEMENT, for purposes of identification hereby dated the day
of , 2006, is
BY AND BETWEEN The City of Newport Beach, a municipal
Corporation, hereinafter referred to
as "CITY ",
AND The County of Orange, a subdivision of the
State of California, hereinafter referred to
as "COUNTY ".
CITY and COUNTY are sometimes hereinafter referred to as the "parties"
land individually as the "party ".
R E C I T A L S
WHEREAS, much of the land and water area of Newport Harbor (the "Harbor ")
consists of public tidelands under administrative jurisdiction of both the
COUNTY and CITY; and
WHEREAS, COUNTY and CITY share an interest in the maintenance and
operations of said public tidelands area for public use and enjoyment pursuant
to the terms and conditions of their respective tidelands trust legislation;
and
WHEREAS, one of the operational aspects of said Harbor is the removal of
floating debris and litter from Harbor waters, hereinafter referred to as the
"PROJECT ", which is more specifically described below; and
WHEREAS, CITY is capable of providing for the service for the PROEJCT,
Iset forth herein; and
WHEREAS, CITY and COUNTY have since the 1970's entered into five -year
agreements for the purpose of providing cost - sharing of the debris removal and
refuse pickup services within the harbor and tidal zones of the Harbor; and
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PROJECT: Harbor Debts Removal
(Job Number - EH21746)
• Agreement No. D06 -040
WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement
for the PROJECT for another five -year period; and
WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to
1$35,000 annually for the PROJECT.
NOW, THEREFORE, it is agreed by and between the parties hereto as
Ifollows:
11. RECITALS
The Recitals set forth above are true and correct; are a material part of
Ithis AGREEMENT, and are incorporated herein by this reference.
12. TIME
Time is of the essence in this AGREEMENT.
13. PROJECT
The PROJECT shall consist of the CITY'S collection and disposal of debris
lin Newport Harbor including the West Newport channels, Promontory Point, Grand
Canal, the Rhine, the navigable portions of the bay and those portions
adjacent to the shoreline, whether under CITY or COUNTY jurisdiction. In
addition, the Upper Bay log -boom, maintained for the purpose of collecting
flitter, will be cleared of refuse and debris.
14. PERFORMANCE
a. CITY agrees to provide PROJECT services five (5) days a week on a year
round basis. During the summer months of June, July, August and September the
service will be available on weekends as needed, to be determined by CITY'S
Harbor Resources Manager.
b. CITY agrees to collect floating litter and debris, including, but not
limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals
and birds, kelp and other marine growth and construction debris.
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PROJECT: Harbor Debe Removal
(Job Number - EH21746)
• Agreement No. D06 -040
C. CITY agrees to provide all equipment necessary to collect the
aforementioned debris and at a minimum shall have an 18 -foot vessel equipped
with skimmers and containers sufficient to transport litter and debris to a
disposal site.
d. CITY agrees to maintain radio communication with the vessel and operator
so as to provide communication between the CITY'S Harbor Resources Division
land the Orange County Sheriff's Harbor Patrol to facilitate the speedy removal
of debris when observed by citizens or jurisdictions responsible for Harbor
Imaintenance.
15. EXTRA WORK
a. CITY agrees to provide extra work service when hazards to navigation
occur due to debris resulting from storm conditions or other intermittent
(conditions; the CITY will provide manpower to perform extra work as directed
by the CITY'S Harbor Resources Manager, or upon request of COUNTY'S Director
of Harbors, Beaches and Parks, Resources and Development Management
Department, hereinafter referred to as 'HBP Director ", or designee.
b. CITY agrees to employ only properly trained and qualified personnel and
supervisory personnel in the discharge of its obligations under this
Agreement. !
6. ADMINISTRATION
a. CITY shall have the sole responsibility for administering and obtaining)
any necessary governmental agency approvals for said PROJECT, including, but
not limited to the selection of contractors, management of contractors' work,
administration of contracts for compliance with the requirements of all
applicable local zoning and building codes and other regulations.
b. CITY shall maintain payroll records of all personnel involved in the
collection and disposal of Harbor debris by name and /or employee number and
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PROJECT: Harbor Debts Removal
(Job Number - EH21746)
• Agreement No. D06 -040
classification to verify actual direct salary costs. CITY shall make these
records available upon request of COUNTY'S HBP Director, or designee and the
same are subject to audit by the COUNTY'S Auditor - Controller. CITY will keep
the payroll records on file for three (3) fiscal years.
c. CITY agrees to submit a written report quarterly to the COUNTY'S HBP
Director on the approximate quantities of litter and debris collected. This
report will also include the number of man -hours worked during the quarterly
reporting period.
d. CITY shall submit quarterly to COUNTY a billing for.one -half of the
cost of the work performance under this agreement during such quarter. The
amount shall not exceed six thousand two hundred fifty dollars ($6,250) per
quarter. CITY may also submit a billing for one -half the cost of work
performed, within the "Extra Work" provisions specified in Paragraph "5.a."
above of this AGREEMENT during such quarter. The amount for such extra work
shall not exceed ten thousand dollars ($10,000) annually. Such extra work
billing shall be accompanied by a separate report of the incident and
circumstances, including, but not limited to the quantities, types of debris
and locations where encountered during the extra work provisions.
7. MAXIMUM FINANCIAL OBLIGATION
a. COUNTY shall remit payment to CITY within sixty (60) days of receipt
of said billing and reports. In no event shall COUNTY'S quarterly liability
exceed six thousand two hundred fifty dollars ($6,250) under the terms of this
agreement, nor shall the COUNTY'S annual liability exceed ten thousand dollars
($10,000) under the terms of the "Extra Work" provisions of this AGREEMENT.
b. COUNTY'S HBP Director, or designee, shall have the authority to make
adjustments to this AGREEMENT, with the concurrence of the CITY, as deemed
(necessary in order to advance the purpose of this AGREEMENT, provided that
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PROJECT: Harbor Deb* Removal • Agreement No. D06 -040
(Job Number - EH21746)
such action does not in the aggregate exceed the total amount of financial
assistance specified in sub- paragraph 'a ", above, unless approved by the Board
lof Supervisors.
18. NOTICES
a. Notices or other communications which may be required or provided
under the terms of this AGREEMENT shall be given as follows:
COUNTY: Director, Harbors, Beaches and Parks
Resources & Development Management Department
County of Orange
P.O. Box 4048 Santa Ana, CA 92702 -4048
CITY:
Harbor Resources Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Chief, Purchasing and Contracts
Resources and Development Management Department
County of Orange
P.O. Box 4048
Santa Ana, CA 92702 -4048
b. All notices shall be deemed effective when in writing and delivered
person or deposited in the United States of America mail, first class postage,
prepaid and addressed as above. Notwithstanding the above, the COUNTY and CITY
may also provide notices by facsimile transmittal, and any such notices,
correspondence, reports and /or statements authorized or required by this
AGREEMENT, addressed in any other fashion shall be deemed not given. The
(parties hereto may change the addresses to which notices are to be sent by
giving notices of such change to the other party
9. INDEMNIFICATION
Neither COUNTY nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority, or jurisdiction
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PROJECT: Harbor Debits Removal • Agreement No. 006 -040
(Job Number - EH21746)
delegated to CITY under this AGREEMENT. It is also understood and agreed that
pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend
and hold COUNTY harmless from any liability imposed for injury (as defined by
(Government Code Section 810.8)by reason of anything done or omitted to be done
1by CITY.under this AGREEMENT
110. TERMINATION
COUNTY and CITY both reserve the right to terminate this agreement without
cause effective June 30th of any year by giving sixty (60) days prior written
notice of intention to terminate. In the event of such termination, the total
consideration owing from COUNTY to CITY shall be for all services performed
during that quarter ending June 30th as provided for above.
11. TERM OF AGREEMENT
The term of this agreement shall be for five (5) years beginning July 1, 2006,1
and extending through June 30, 2011.
12. EFFECT OF AGREEMENT
This AGREEMENT fully expresses all understanding of the parties and is the
total AGREEMENT between the parties as to the subject matter of this
(AGREEMENT. With the exception of the delegated authority specified in
Paragraph 17.b." above, no material addition to or alteration of the terms of
this AGREEMENT, whether written or verbal, by the parties, their officers,
agents or employees, shall be valid unless in the form of a written amendment
to this AGREEMENT, and is formally approved and executed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3
dates opposite their respective signatures:
APPROVED AS TO FORM:
CCITY OF NEWPORT BEACH,
F1
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PROJECT: Harbor Deble Removal
(Job Number - EH21746)
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
APPROVED AS TO FORM:
County Counsel
By:
Deputy County Counse
• Agreement No. D06 -040
By:
Homer L. Bludau
City Manager
for the City of Newport Beach
COUNTY OF ORANGE
By:
Chairman, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County, California
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COUNTY OF ORANGE
PUBLIC FACILITIES & RESOURCES DEPARTMENT
February 21, 2002
Mr. Tony Mellum, Marine Director
Marine Environmental Division
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Agreement DO1 -072 - Newport Harbor Debris Removal
Dear Tony:
c -063q
Vicki L. Wilson, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
Santa Ana, CA 92702 -4048
Telephone: (114) 8346781
V Hire ¢an c<»
At its meeting of February 5, 2002, the Board of Supervisors approved the
subject agreement. Enclosed for your file is a copy of the approving minute
order and original executed copy of the agreement.
Thank you for your assistance in this matter
please give me a call at 714 - 834 -6781.
Sincerely yours,
Harbors Beaches and Parks Division
Kenne h W. Scattergood
Chief of Program Support
H:(Newport Beach - Harbor Debris -FAD01 -072 dated 02 -21 -02
Enclosures (2)
Cc: (w. encl.)
Grace Coalson, PFRD /MS- Purchasing & Contracts
Kathleen Gomez, PFRD /MS- Central Files
Should you have any questions,
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
February 05, 2002
Submitting Arency /Department: PUBLIC FACILITIES AND RESOURCES DEPARTMENT
Approve agreement DO 1 -072 with Newport Beach for debris removal, Newport Harbor - District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ® (1) SMITH: Y (2) SILVA: Y (3) SPITZER: Y (4) COAD: Y (5) WILSON: Y
Vote Key: Y =Yes; N =No; A= Abstain; X= Excused,• B.O. =Board Order
Documents accompanying this matter:
O Resolution(s)
O Ordinances(s)
O Contract(s)
Item No. 30
Special Notes:
Copies sent to:
Cco
P�P-0
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RF (' 1.:,tr
'Vice 1 .? '-0
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•� s,�a.
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of California.
DARLENE 1, BLOOM, Clerk of the Board
is iirl% IEIS_
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PROJECT: Harbor Debrioemoval Agreement No. DO1 -072
*' (Job Number - EH21746)
1
2 A G R E E M E N T
3 THIS AGREEMENT, for purposes of identification hereby dated the day
4 of 2001, is
5 BY AND BETWEEN The City of Newport Beach, a municipal
Corporation, hereinafter referred to as
6 "CITY",
7 AND The County of Orange, a subdivision of the
State of California, hereinafter referred to
8 as "COUNTY ".
9 CITY and COUNTY are sometimes hereinafter referred to as the "parties" and
10 individually as the "party ".
11 R E C I T A L S
12 WHEREAS, much of the land and water area of Newport Harbor consists of public
13 tidelands under administrative jurisdiction of both the COUNTY and CITY; and
14 WHEREAS, COUNTY and CITY share'an interest in the maintenance and operations of
15 said public tidelands area for public use and enjoyment pursuant to the terms and
16 conditions of their respective tidelands trust legislation; and
17 WHEREAS, one of the operational aspects of said harbor is the removal of
18 floating debris and litter from harbor waters, hereinafter referred to as the
19 "PROJECT ", which is more specifically described below; and
20 WHEREAS, CITY is capable of providing for the service of debris removal and
21 pickup from said harbor water areas; and
22 WHEREAS, CITY and COUNTY have since the 1970's entered into five -year agreements
23 for the purpose of providing cost - sharing of the debris removal and refuse pickup
24 services within the harbor and tidal zones of Newport Harbor; and
25 WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement for
26 debris removal services in Newport Harbor for another five -year period; and
1
w-
' PROJECT: Harbor Debri %emoval • Agreement No. D01 -072
(Job Number - EH21746)
1 WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to $35,000
2 annually for removal of debris and refuses from the harbor and the tidal zones.
3 NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
4 1. RECITALS
5 The Recitals set forth above are true and correct; are a material part of this
6 AGREEMENT, and are incorporated herein by this reference.
7 2. TIME
6 Time is of the essence in this AGREEMENT.
9 3. PROJECT
10 The PROJECT shall consist of the CITY'S collection and disposal of debris in
11 Newport Harbor including the West Newport channels, Promontory Point, Grand Canal, the
12 Rhine, the navigable portions of the bay and those portions adjacent to the shoreline,
13 whether under CITY or COUNTY jurisdiction. In addition, the Upper Bay log -boom,
14 maintained for the purpose of collecting litter, will be cleared of refuse and debris.
15 4. PERFORMANCE
16 a. CITY agrees to provide PROJECT services five (5) days a week on a year round
17 basis. During the summer months of June, July, August and September the service will
18 be available on weekends as needed, to be determined by CITY'S Marine Director.
19 b. CITY agrees to collect floating litter and debris, including, but not limited
20 to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals and birds, kelp
21 and other marine growth and construction debris.
22 c. CITY agrees to provide all equipment necessary to collect the aforementioned
23 debris and at a minimum shall have an 18 -foot vessel equipped with skimmers and
24 containers sufficient to transport litter and debris to a disposal site.
25 d. CITY agrees to maintain radio communication with the vessel and operator so as
26 to provide communication between the CITY'S Marine Department and the Orange County
2
PROJECT: Harbor DebrAemoval Agreement No. DO1 -072
(Job Number - EH21746)
1 Sheriff's Harbor Patrol to facilitate the speedy removal of debris when observed by
2 citizens or jurisdictions responsible for harbor maintenance.
3 S. EXTRA WORK
4 a. CITY agrees to provide extra work service when hazards to navigation occur due
5 to debris resulting from storm conditions or other intermittent conditions; the CITY
6 will provide manpower to perform extra work as directed by the CITY'S Marine Director,
7 or upon request of COUNTY'S Director of Harbors, Beaches and Parks, Public Facilities
8 and Resources Department, hereinafter referred to as "HBP Director ", or designee.
g b. CITY agrees to employ only properly trained and qualified personnel and
10 supervisory personnel in the discharge of its obligations under this Agreement.
11 6. ADMINISTRATION
12 a. CITY shall have the sole responsibility for administering and obtaining any
13 necessary governmental agency approvals for said PROJECT, including, but not limited
14 to the selection of contractors, management of contractors' work, administration of
15 contracts for compliance with the requirements of all applicable local zoning and
16 building codes and other regulations.
17 b. CITY shall maintain payroll records of all personnel involved in the collection
16 and disposal of harbor debris by name and /or employee number and classification to
19 verify actual direct salary costs. CITY shall make these records available upon
20 request of COUNTY'S HBP Director, or designee and the same are subject to audit by the
21 COUNTY'S Auditor - Controller. CITY will keep the payroll records on file for three (3)
22 fiscal years.
23 c. CITY agrees to submit a written report quarterly to the COUNTY'S Director, PFRD
24 on the approximate quantities of litter and debris collected. This report will also
25 include the number of man -hours worked during the quarterly reporting period.
26 d. CITY shall submit quarterly to COUNTY a billing for one -half of the cost of the
3
PROJECT: Harbor DebrAemoval • Agreement No. D01 -072
(Job Number - EH21746)
1 performance under this agreement. The amount shall not exceed six thousand two
2 hundred fifty dollars ($6,250) per quarter. CITY may also submit a billing for one -
3 half the cost of work performed, within the "Extra Work" provisions specified in
4 Paragraph 115.a." above of this AGREEMENT. The amount for such extra work shall not
5 exceed ten thousand dollars ($10,000) annually. Such extra work billing shall be
6 accompanied by a separate report of the incident and circumstances, including, but not
7 limited to the quantities, types of debris and locations where encountered during the
8 extra work provisions.
9 7. MAXIMUM FINANCIAL OBLIGATION
10 a. COUNTY shall remit payment to CITY within sixty (60) days of receipt of said
11 billing and reports. In no event shall COUNTY'S quarterly liability exceed six
12 thousand two hundred fifty dollars ($6,250) under the terms of this agreement, nor
13 shall the COUNTY'S annual liability exceed ten thousand dollars ($10,000) under the
14 terms of the extra work provisions.
15 b. COUNTY'S HBP Director, or his /her assigned designee, shall have the authority to
16 make adjustments to this AGREEMENT, with the concurrence of the CITY, as deemed
17 necessary in order to advance the purpose of this AGREEMENT, provided that such action
18 does not in the aggregate exceed the total amount of financial assistance specified in
19 subparagraph "a ", above, unless approved by the Board of Supervisors.
20 8. NOTICES
21 a. Notices or other communications which may be required or provided under the terms
22 of this AGREEMENT shall be given as follows:
23 COUNTY: Director, Harbors, Beaches and Parks
Public Facilities and Resources Department
24 County of Orange
P. O. Box 4048
25 Santa Ana, CA 92702 -4048
FAX No. 714 - 834 -4744
26
4
PROJECT: Harbor Debrioemoval • Agreement No. D01 -072
(Job Number - EH21746)
1 CITY: Marine Director
City of Newport Beach
2 P. 0. Box 1768
Newport Beach, CA 92658 -8915
3 FAX No. 949- 644 -3339
4 INVOICES: Chief, Purchasing and Contracts
Public Facilities and Resources Department
5 County of Orange
P. O. Box 4048
6 Santa Ana, CA 92702 -4048
7 b. All notices shall be deemed effective when in writing and delivered in person or
g deposited in the United States of America mail, first class postage, prepaid and
9 addressed as above. Notwithstanding the above, the COUNTY and CITY may also
10 provide notices by facsimile transmittal, and any such notices, correspondence,
11 reports and /or statements authorized or required by this AGREEMENT, addressed in
12 any other fashion shall be deemed not given. The parties hereto may change the
13 addresses to which notices are to be sent by giving notices of such change to the
14 other party.
15 9. INDEMNIFICATION
16 Neither COUNTY nor any officer or employee thereof shall be responsible for any
17 damage or liability occurring by reason of anything done or omitted to be done by CITY
16 under or in connection with any work, authority, or jurisdiction delegated to CITY
19 under this AGREEMENT. It is also understood and agreed that pursuant to Government
20 Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from
21 any liability imposed for injury (as defined by Government Code Section 810.8) by
22 reason of anything done or omitted to be done by CITY under this AGREEMENT.
23 10. TERMINATION
24 COUNTY reserves the right to terminate this agreement without cause effective June
25 30 of any year by giving sixty (60) days prior written notice of intention to
26 terminate. In the event of such termination, the total consideration owing from
COUNTY to CITY
5
PROJECT: Harbor Debrioemoval is Agreement No. DO1 -072
(Job Number - EH21746)
1 for all services performed during that quarter ending June 30 as provided for above.
2 11. TERN OF AGREEMENT
3 The term of this agreement shall be for five (5) years beginning July 1, 2001, and
4 extending through June 30, 2006.
5 12. EFFECT OF AGREEMENT
6 This AGREEMENT fully expresses all understanding of the parties and is the total
7 AGREEMENT between the parties as to the subject matter of this AGREEMENT. With the
8 exception of the delegated authority specified in Paragraph "7.b." above, no material
9 addition to or alteration of the terms of this AGREEMENT, whether written or verbal,
10 by the parties, their officers, agents or employees, shall be valid unless in the form
11 of a written amendment to this AGREEMENT, and is formally approved and executed by all
12 parties.
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PROJECT: Harbor DebrAemoval
(Job Number - EH21746)
Agreement No. DO1 -072
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates opposite their respective signatures:
DATE: � `S• U )R
DATE:
ATTEST:
1 —(0 —Q
By���.�,.9c/�,.
City Clerk
COUNTY OF ORANGE, a subdivision of
The State of California
By:�
CVairman of the Board of
Supervisors of Orange County
California
CITY OF Newport Beach, a municipal
corporation
By: C� L,.4-
Gary Adams, Ma
APPROVED AS TO FORM:
By:
City Attorney
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED TO LAURENCE M. WATSON, COUNTY COUNSEL
THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA
s By:
Darlene J. B om Depu
Clerk of the Board of Supervisors
Of Orange County, California
H: \NwptBch- Harbor Debris- 06 -04 -02
7
e
0
TO: Members of the Newport Beach City Council
FROM: Tony Melum, Division of Harbor Resources
SUBJECT: Renewal of City /County Cost Sharing Agreement:
Harbor Debris Removal
RECOMMENDED
ACTION:
C38)
ITEM $
C -a539
CITY
�l4Jt 2 3 S
APPROVED
Authorize the Mayor's execution of an agreement with the County of Orange to share
expenses for debris removal in Newport Harbor.
BACKGROUND:
The City of Newport Beach has responsibility for the removal of floating debris (organic
or synthetic) from the navigational channels in Newport Harbor. This removal is done
by using a debris removal vessel staffed 32 hours per week, construction and
maintenance of a floating debris boom in the Upper Bay and working with General
Services to remove floating debris trapped on the City's public bay beaches.
Since the early 1970s, the City has entered into 5 -year cost sharing agreements with
the County of Orange to fund the staffing, maintenance, and operation costs of
removing floating debris from Newport Bay.
Attached is the new agreement whereby the County has agreed to provide matching
funds up to $35,000 per year for the removal of debris and refuse from Newport Bay
and the intertidal zones.
The agreement provides that the County will match City funds up to $25,000 annually
($6,250 per quarter). The City may also submit billings for one -half the cost of extra
work, as a result of storm conditions or other intermittent conditions not to exceed
$10,000 annually. This new agreement will expire on June 30, 2006.
The agreement has been reviewed by the City Attorney's Office and approved as to
form.
Attachments: A - Agreement
1
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26
PROJECT: Harbor Debri Removal
,(Job Number - EH21746)
1M
is Agreement No. DO1 -072
A G R E E M E N T
THIS AGREEMENT, for purposes of identification hereby dated the
2001, is
dal
BY AND BETWEEN The City of Newport Beach, a municipal
Corporation, hereinafter referred to as
"CITY ",
AND The County of Orange, a subdivision of the
State of California, hereinafter referred to
as "COUNTY ".
CITY and COUNTY are sometimes hereinafter referred to as the "parties" and
individually as the "party ".
R E C I T A L S
WHEREAS, much of the land and water area of Newport Harbor consists of public
tidelands under administrative jurisdiction of both the COUNTY and CITY; and
WHEREAS, COUNTY and CITY share "an interest in the maintenance and operations of
said public tidelands area for public use and enjoyment pursuant to the terms and
conditions of their respective tidelands trust legislation; and
WHEREAS, one of the operational aspects of said harbor is the removal of
floating debris and litter from harbor waters, hereinafter referred to as the
"PROJECT ", which is more specifically described below; and
WHEREAS, CITY is capable of providing for the service of debris removal and
pickup from said harbor water areas; and
WHEREAS, CITY and COUNTY have since the 1970'6 entered into five -year agreements
for the purpose of providing cost - sharing of the debris removal and refuse pickup
services within the harbor and tidal zones of Newport Harbor; and
WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement for
debris removal services in Newport Harbor for another five -year period; and
1
PROJECT: Harbor DebrivRemoval -Agreement No. DDl -D72
(Job Number - 3821746)
1 WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to $35,000
2 annually for removal of debris and refuses from the harbor and the tidal zones.
3 NON, THEREFORE, it is agreed by and between the parties hereto as follows:
4 1. RECITALS .
5 The Recitals set forth above are true and correct; are a material part of this
g AGREEMENT, and are incorporated herein by this reference.
7 2. TIM
8 Time is of the essence in this AGREEMENT.
9 3. PROJECT
10 The PROJECT shall consist of the CITY'S collection and disposal of debris in
11 Newport Harbor including the West Newport channels; Promontory Point, Grand Canal ;-the
12 Rhine, the navigable portions of the bay and those portions adjacent to the shoreline,
13 whether under CITY or COUNTY jurisdiction. In addition, the Upper Bay log -boom,
14 maintained for the purpose of collecting litter, will be cleared of refuse and debris.
15 4. PERFORMANCE
16 a. CITY agrees to provide PROJECT services five (5) days a week on a year round
17 basis. During the summer months of June, July, August and September the service will
18 be available on weekends as needed, to be determined by CITY'S Marine Director.
19 b. CITY agrees to collect floating litter and debris, including, but not limited
20 to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals and birds, kelp
21 and other marine growth and construction debris.
22 C. CITY agrees to provide all equipment necessary to collect the aforementioned
23 debris and at a minimum shall have an is -foot vessel equipped with skimmers and
24 containers sufficient to transport litter and debris to a disposal site.
25 d. CITY agrees to maintain radio communication wibh the.vessel and operator so as
26 to provide communication between the CITY'S Marine Department and the Orange County
2
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26
PROJECT: Harbor Debri•Removal • Agreement No. DO1 -072
(Job Number - EH21746)
Sheriff's Harbor Patrol to facilitate the speedy removal of debris when observed by
citizens or jurisdictions responsible for harbor maintenance.
15. EXTRA WORK
a. CITY agrees to provide extra work service when hazards to navigation occur due
Ito debris resulting from storm conditions or other intermittent conditions; the CITY
(will provide manpower to perform extra work as directed by the CITY'S Marine Director,
for upon request of COUNTY'S Director of Harbors, Beaches and Parks, Public Facilities
and Resources Department, hereinafter referred to as "HBP Director", or designee.
b. CITY agrees to employ only properly trained and qualified personnel and
supervisory personnel in the discharge of its obligations under this Agreement.
16. ADMINISTRATION
a. CITY shall have the sole responsibility for administering and obtaining any
(necessary governmental agency approvals for said PROJECT, including, but not limited
Ito the selection of contractors, management of contractors' work, administration of
contracts for compliance with the requirements of all applicable local zoning and
building codes and other regulations.
b. CITY shall maintain payroll records of all personnel involved in the collection
and disposal of harbor debris by name and /or employee number and classification to
verify actual direct salary costs. CITY shall make these records available upon
request of COUNTY'S HBP Director, or designee and the same are subject to audit by the
COUNTY'S Auditor- Controller. CITY will keep the payroll records on file for three (3).
fiscal years.
c. CITY agrees to submit a written report quarterly to the COUNTY'S Director, PFRD
on the approximate quantities of litter and debris collected. This report will also
include the number of man -hours worked during the quarterly reporting period.
d. CITY shall submit quarterly to COUNTY a billing for one -half of the cost of the
3
' PROJECT: Harbor Debri *emoval Agreement No. DO1 -072
(Job Number - :821746)
1 performance under this agreement. The amount shall not exceed six thousand two
2 hundred fifty dollars ($6,250) per quarter. CITY may also submit a billing for one -
3 half the cost of work performed, within the "Extra Work" provisions specified in
4 Paragraph "5.a." above of this AGREEMENT. The amount for such extra work shall not
5 exceed ten thousand dollars ($10,000) annually. Such extra work billing shall be
6 accompanied by a separate report of the incident and circumstances, including, but not
7 limited to the quantities, types of debris and locations where encountered during the
6 extra work provisions.
9 7. MAXIMUM FINANCIAL OBLIGATION "
10 a. COUNTY shall remit payment to CITY within sixty (60) days of receipt of said
11 billing and reports. In no event shall COUNTY'S quarterly liability exceed Aix
12 thousand two hundred fifty dollars ($6,250) under the terms of this agreement, nor
13 shall the COUNTY'S annual liability exceed ten thousand dollars ($10.,000) under the
14 terms of the extra work provisions.
15 - b. COUNTY'S, HBP Director, or his /her assigned designee, shall have the authority to
16 make adjustments.to this AGREEMENT, with.the concurrence,of"the CITY,. as deemed
17 necessary in order to advance the purpose of this AGREEMENT, provided that such action
16 does not in the aggregate exceed the total amount of financial assistance specified in
19 sub - paragraph "a", above, unless approved by the Board of Supervisors.
20 8. NOTICES
21 a. Notices or other communications which may be required or provided under the terms
22 of this AGREEMENT shall be given as follows:
23 COUNTY: Director, Harbors, Beaches and Parks -
Public Facilities and Resources Department
24 County of Orange
P. O. Box 4048
25 Santa Ana, CA 92702 -4048
FAX No. 714 - 834 -4744
26
4
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1
PROJECT: Harbor DebrivRemoval
(Job Number - EH21746)
CITY: Marine Director
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658 -8915
FAX No. 949 - 644 -3339
• Agreement No. DO1 -072
INVOICES: Chief, Purchasing and Contracts
Public Facilities and Resources Department
County of Orange
P. O. Box 4048
Santa Ana, CA 92702 -4048
1b. All notices shall be deemed effective when in writing and delivered in person or
deposited in the United States of America mail, first class postage, prepaid and
addressed as above. Notwithstanding the above, the COUNTY and CITY may also
provide notices by facsimile transmittal, and any such notices, correspondence,
reports and /or statements authorized or required by this AGREEMENT, addressed in
any other fashion shall be deemed not given. The parties hereto may change the
addresses to which notices are to be sent by giving notices of such change to the
other party.
19.
Neither COUNTY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
under or in connection with any work, authority, or jurisdiction delegated to CITY
under this AGREEMENT. It is also understood and agreed that pursuant to Government
Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from
any liability imposed for injury (as defined by Government Code Section 810.8) by
reason of anything done or omitted to be done by CITY under this AGREEMENT.
10.
COUNTY reserves the right to terminate this agreement without cause effective June
30 of any year by giving sixty (60) days prior written notice of intention to
terminate. In the event of such termination, the total consideration owing from.
COUNTY to CITY
A
r
PROJECT: Harbor Debris Removal • Agreement No. DO1 -072
(Job Number - EH21746)
1 for all services performed during that quarter ending June 30 as provided for above.
2 11. TERM OF AGREEMENT
3 The term of this agreement shall be for five (5) years beginning July 1, 2001, and
4 extending through June 30, 2006.
5 12. EFFECT OF AGREEMENT
6 This AGREEMENT fully expresses all understanding of the parties and is the total
7 AGREEMENT between the parties as to the subject matter of this AGREEMENT. With the
6 exception of the delegated authority specified in Paragraph "7.b.° above, no material
9 addition to or alteration of the terms of this AGREEMENT, whether written or verbal,
10 by the parties, their officers, agents or employees, shall be valid unless in the form
11 of a written amendment to this AGREEMENT, and is formally approved and executed by all
12 parties.
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PROJECT: Harbor Debri•Removal • Agreement No. D01 -072
(Job Number - :821746)
IN WITNESS WHEREOF, the parties hereto have exeouted this Agreement on the
dates opposite their respective signatures:
DATE:
DATE:
ATTEST:
By:
City Clerk
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Darlene J. Bloom
Clerk of the Board of Supervisors
Of Orange County, California
H:�HwptBCh- Harbor Debri5- 06 -04 -01
COUNTY OF ORANGE, a subdivision of
The State of California
By:
Chairman of the Board of
Supervisors of Orange County
California
CITY OF Newport Beach, a municipal
corporation
By:
Gary Adams, Mayor
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By.
s
Depu
7
CJ
0
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
OCT 2 8 , October 28, 1996
Council Agenda
APPROVED Item 9
To: Mayor and Members of the City Council
From: Tim Riley, Fire and Marine Chief
Subject: Amendment to City Council Cost Sharing Agreement: Newport
Harbor Debris Removal
RECOMMENDATION: C -�53q
Authorize the Mayor and City Clerk to execute an amendment extending the
agreement with the County of Orange to share expenses for debris removal in
Newport Harbor.
In November 1985, the City Council entered into a cost sharing agreement with
the County of Orange to provide one -half the funds for the staffing,
maintenance, and operation costs of removing floating debris from Newport
Bay.
The original agreement expired in 1990 and at that time was renewed for an
additional five years. That agreement expired in 1995 and City staff began
conversations with the County to negotiate another extension to the original
agreement.
Attached is the new amendment whereby the County has agreed to provide
matching funds in the total amount of $20,000 per year for the removal of debris
and refuse from Newport Bay and the intertidal zones. The agreement provides
that the County will match City funds in the amount of $3,750 per quarter, plus
an additional $5,000 annually for storm related problems or for extra work
provisions. It extends the term of the agreement from November 12, 1995, to
September 30, 2001.
The agreement has been reviewed by the City Attorney's Office and approved as
to form.
PROJECT: City of Newport Beach Agreement No. D96 -107
Amendment No. 1
•
1
Newport Harbor Debris Removal
2
3
AMENDMENT TO AGREEMENT
4
This "Agreement" is made and entered into this day of
5
1996,
6
BY AND BETWEEN '
i
7
'he City of Newport Beach, a
Aaunicipal corporation, hereinafter
8
referred to as "CITY ",
9
AND
10
The County of Orange, a subdivision
of the State of California,
11
hereinafter referred to as "COUNTY."
12
13
ECITALS
•
14
WHEREAS, on September 1 , 1991, the CITY and COUNTY entered into
15
a five year agreement, hereinafte referred to as the "ORIGINAL AGREEMENT,"
16
for the provision of cost sharing for debris removal within Newport Harbor;
17
and
18
WHEREAS, the ORIGINAL AGREEMENT specified both CITY and COUNTY
19
'responsibilities which included nnual funding amount, service level,
20
minimum equipment and communica 'on required to perform debris removal
21
service, harbor locations, extr work provisions, staffing requirements,
22
insurance and indemnification lauses, billing and other administrative
23
requirements; and /
24.
WHEREAS, both CITY AND COUNTY desire to continue cost sharing
25
arrangement as described in the ORIGINAL AGREEMENT from the date of
26
expiration on November 12, 1995; and
27
-1-
28
c -arsf
i i
t PRO�'ECT: City of Newport Beach Agreement No. D96 -107
Amendment No. 1
1 Newport Harbor Debris Removal
2
3 AMENDMENT TO AGREEMENT
4f�This "Agreement" is made and entered into this day of
5 R�RI�, 1997,
6 BY AND BETWEEN
7 The City of Newport Beach, a
municipal corporation, hereinafter
8 referred to as "CITY ",
9 AND
10 The County of Orange, a subdivision
of the State of California,
11 hereinafter referred to as "COUNTY."
12
13 RECITALS
14 WHEREAS, on September 17, 1991, the CITY and COUNTY entered into
15 a five year agreement, hereinafter referred to as the "ORIGINAL AGREEMENT,"
16 for the provision of cost sharing for debris removal within Newport Harbor;
17 and
18 WHEREAS, the ORIGINAL AGREEMENT specified both CITY and COUNTY
19 responsibilities which included annual funding amount, service level,
20 minimum equipment and communication required to perform debris removal
21 service, harbor locations, extra work provisions, staffing requirements,
22 insurance and indemnification clauses, billing and other administrative
23 requirements; and
24 WHEREAS, both CITY AND COUNTY desire to continue cost sharing
25 arrangement as described in the ORIGINAL AGREEMENT from the date of
26 expiration on November 12, 1995; and
27 -1
211
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Agreement No. D96 -107
WHEREAS, County will by this agreement amendment provide matching
funds up to $20,000 annually for debris removal within Newport Harbor.
NOW, THEREFORE, CITY AND COUNTY hereby mutually agree as follows:
1. EFFECT OF AGREEMENT AMENDMENT
This amendment to agreement is to extend the term of the
ORIGINAL AGREEMENT as described in Clause 2 below and provide cost share
funding from the date of expiration of the ORIGINAL AGREEMENT until end of
term. The ORIGINAL AGREEMENT remains in full force and effect except as
modified herein.
2. TERM OF AGREEMENT
Paragraph XIII of the ORIGINAL AGREEMENT is amended to extend
the term of this agreement from November 12, 1995 to September 30, 2001.
3. OTHER PROVISIONS. TERMS AND CONDITIONS
All other provisions, terms and conditions of the ORIGINAL
AGREEMENT shall remain unchanged and in full force.
-2-
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Agreement No. D96 -107
IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly
authorized representative as of the date set forth above.
DATE: Y - SK-1 7
DATE: `f- 8`9 7
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
ATTEST
Darlene ON. Bloom
Clerk of the Board of Supervisors
of Orange County, California
ATTESTi
40&7Urj- M- ljcl" Q�-3
LaVonne M. Harkl 'Sss, City Clerk
City of Newport Beach
PMS:pt 6071707071344.1
COUNTY OF ORANGE
BY: (kXL UM...J G
Chairman of the Board of
Supervisors of Orange County,
California
CITY OF NEWPORT BEACH
BY: 3; t �L')
MAYOR
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: AlliAre
Deputy
City Attorney
City of Newport Beach
-3-
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR , U 2- do - q1
FROM: CITY CLERK
DATE: October 28, 1991
SUBJECT: Contract No. C -2539
Description of Contract City - County Cost Sharing Agreement
for harbor Debris Removal
Effective date of Contract September 17, 1991
Authorized by Minute Action, approved on August 12, 1991
Contract with County of Orange
Address Environmental Management Agency /Harbors, Beaches and Parks
MKIIN-MALme
Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
4�-q '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
P1
August 12, 1991
CITY OF NEWPORT BEACH
Marine Department
TO: MAYOR AND CITY COUNCIL
FROM: Marine Director
AGENDA No. F -3(d)
AUG I ? IQ01
SUBJECT: CITY- COUNTY COST SHARING AGREEMENT: HARBOR
DEBRIS REMOVAL
Recommendation: If desired, authorize the Mayor and City Clerk to
execute Agreement No. D91 -095.
Discussion:
The City Council, in November 1985, entered into a cost sharing
agreement with the County of Orange to provide one -half the funds
for the staffing and maintenance and operation costs of the
floating harbor debris removal function in Newport Bay.
The existing agreement has now lapsed and the City and County
staffs have completed negotations for a new agreement to again
provide matching funds to continue the harbor debris removal
function. Attached is the new agreement, whereby the County has
agreed to provide matching funds in the total amount of $20,000 per
year for the removal of debris and refuse from Newport Bay and the
intertidal zones. The agreement provides that the County will
match City funds in the amount of $3750 per quarter, plus an
additional $5000 annually for storm related problems or for extra -
work provisions. The agreement is for a five year period from the
date of execution.
David Harshbarger
Marine Director
Attachment
2
11
21
31
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement No. D91 -095
Harbor Debris Removal G�
Within Newport Harbor
Cost - Sharing Agreement between
City of Newport Beach and
County of Orange
THIS AGREEMENT is made and entered into this %
day of S ey" 1991.
BY AND BETWEEN
Imo:
CITY OF NEWPORT BEACH, a
municipal corporation,
hereinafter referred to as
"CITY"
COUNTY OF ORANGE, a
subdivision.of the State of
California, hereinafter
referred to as "COUNTY"
RECITALS
WHEREAS, Newport Harbor is an authorized navigational project of County's
Harbors, Beaches and Park's County Service Area No. 26; and
WHEREAS, much of the land and water area of Newport Harbor consists of
Public Tidelands under administrative jurisdiction of both the COUNTY and CITY; and
WHEREAS, COUNTY and CITY share an interest in the maintenance and operations
of said Public Tidelands area for public use and enjoyment pursuant to the terms and
conditions of 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, CITY is capable of providing for the service of debris removal and
pickup from said harbor water areas; and
WHEREAS, CITY and COUNTY entered into a five year agreement dated November,
1985 for the purpose of providing cost - sharing of the debris removal and refuse
pickup services within the harbor and tidal zones of Newport Harbor; and
WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement for
debris removal services from the date of expiration, November, 1990; and
WHEREAS, COUNTY will by this agreement provide matching funds up to $20,000
annually for removal of debris and refuse from the harbor and the tidal zones.
1
2
3
4
5
6
r
10
11
12
13
14
15
16
17
18
19
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21
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25
26
27
28
9
0
Agreement No. D91 -095
NOW, THEREFORE, it is agreed by and between the parties hereto as follows;
I
CITY agrees to provide harbor debris pickup in Newport Harbor including the
West Newport channels, Promontory Bay, Grand Canal, the Rhine, the navigable portions
of the bay and those.portions adjacent to the shoreline, whether under City or
COUNTY jurisdiction. In addition, the Upper Bay log -boom, maintained for the purpose
of collecting litter, will be cleared of refuse and debris.
II
CITY agrees to provide this service five days a week on a year round basis.
During the summer months of June, July, August and September the service will be
available on weekends as needed, to be determined by City's Marine Director.
III
CITY agrees to collect floating litter and debris, including, but not
limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals and
birds, kelp and other marine growth and construction debris,
IV
CITY agrees to provide all equipment necessary to collect the aforementioned
debris and at a minimum shall have an 18 foot vessel equipped with skimmers and
containers sufficient to transport litter and debris to a disposal site.
V
CITY agrees to maintain radio communication with the vessel and operator so
as to provide communication between the City's Marine Department and the Orange
County Sheriff's Harbor Patrol to facilitate the speedy removal of debris when
observed by citizens or jurisdictions responsible for harbor maintenance.
VI
CITY agrees to provide extra work service when hazards to navigation occur
due to debris resulting from storm conditions or other intermittent conditions; the
-2-
Agreement No. D91 -095
1 CITY will provide manpower to perform extra work as directed by the CITY's Marine
2 Director, or upon request of Director, RNA, or his designee,
3 VII
4 CITY agrees to employ only properly trained and qualified personnel and
5 supervisory personnel in the discharge of its obligations under this Agreement.
6 VIII
7 CITY shall maintain payroll records of all debris personnel by name and /or
8 employee number and classification to verify actual direct salary costs. CITY shall
9 make these records available upon request of the Director, RNA, County of Orange or
10 his designee, hereinafter referred to as "Director ENA" and said are subject to audit
11 by the Orange County Auditor - Controller. The payroll records will be kept on file by
12 CITY for three fiscal years.
13 Ix
14 CITY agrees to submit a written report quarterly to the "Director, BHA" on
15 the approximate quantities of litter and debris collected. This report will also
16 include the number of man hours worked during quarterly reporting period.
17 CITY shall submit quarterly, to COUNTY, a billing for one -half of the cost
18 of performance of this Agreement, not to exceed $3750.00 per quarter. CITY may also
19 submit a billing for one -half the cost of work performed, within "extra work"
20 provisions of said Agreement, not to exceed $5000.00 annually, accompanied by a
21 report of debris quantities, types and locations where encountered during the extra
22 work provision.
23 x
24 COUNTY shall remit payment to CITY within sixty days of receipt of said
25 billing and reports. In no event shall COUNTY's quarterly liability exceed $3750.00
26 under the terms of this Agreement, nor shall annual liability exceed $5000.00 under
27 terms of the "extra work" provisions.
28 _3_
•
Agreement No. D91 -095
1 XI
2 CITY shall indemnify and hold harmless the County of Orange from all claims
3 for damages arising from the negligent acts or omissions of CITY, its officers,
4 agents or employees in CITY'S conducting of trash and debris collecting services
5 under this agreement.
6 %II
7 CITY hereby agrees to comply with Title VI of the Civil Rights Act of 1964
8 (P•L• 88 -352) and all requirements therein.
9 %III
10 THE term of this agreement shall be for five (5) years, beginning the date
11 of expiration of the original Agreement, November 12, 1990, through November 12,
12 1995.
13 %IV
14 COUNTY reserves the right to terminate this agreement without cause
15 effective June 30 of any year by giving sixty (60) days prior written notice of
16 intention to terminate. In the event of such termination, the total consideration
17 owing from COUNTY to CITY for all services performed during that quarter ending June
18 30 as provided for in Clause X.
19
20
21
22
23
24
25
26
27
28 -4-
1.
1
2
3
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27
28
0
Agreement No. D91 -095
IN VITNESS VHSREOF, COUNTY has caused this agreement to be executed by the
Chairman of the Board of Supervisors, acting as the governing board of COUNTY, and
attested by its Clerk, and CITY has caused this agreement to be executed by its
Mayor, and attested by its Clerk, all thereunto duly authorized on the dates set
forth opposite their respective signatures.
ATTEST: CITY OF NEVPORT BEACH
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
Linda D. Rntti-
Clerk of the Board of Supervisors of
Orange County, California
DATE:
DATE:
MB:ct 1052410251709(1161)
U
COUNTY OF ORANGE-
BY
'
-Chairman of the Board of ervisor
Approved as to form:
Terry C. Andrus, County Counsel
Orange fount , Cali ornia J
By: 7 N q/
oDiputy
Approv to form:
By:
City Attorney
-5-
j� A
.]
October 23, 1991
',0?
G E
. MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES & PARKS
LOCATION:
401 CIVIC CENTER DRIVE WEST
10TH FLOOR
SANTA ANA, CALIFORNIA
NVIRONMENTAL MANAGEM CY
HARBORS, BEACHES AN
10� 4 FILE
Ms. Wanda E. Raggio, City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 568 -5100
FAX # 568 -5111
Subject: City /County Newport Harbor Debris Removal Agreement No.
D91 -095
Dear Ms. Raggio:
On Tuesday, September 17, 1991, the Orange County Board of
Supervisors approved Cost - Sharing Agreement No. D91 -095 for
Newport Harbor Debris Removal. A copy of the Board Minute Order
and an original executed Agreement are attached for your file.
Please contact Molly Brenner at (714) 568 -4967 if you have any
questions.
Very truly yours,
Kenneth W. Scatterga, Chief
EMA /HBP Program Support and Special
Projects
MB:
cc:
D. Harshbarger, City of Newport Beach
R. G. Fisher, Director, Harbors, Beaches and Parks
HBP Managers
P. Schooley
Attachments
BOARD OF SUPERVISOR
ORANGE COUNTY, CALIFORNIA
MINUTES September 17, 1991
COST- SHARING AGREEMENT NO. D91 -095 WITH THE CITY OF NEWPORT BEACH FOR
REMOVAL OF NEWPORT HARBOR DEBRIS: Environmental Management Agency
requests approval of an agreement to share costs for harbor debris
removal within Newport Harbor.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Stanton,
the Board authorized execution of Agreement No. D91 -095 with the City of
Newport Beach. MOTION UNANIMOUSLY CARRIED.
RECEIVED
0CTIa1991
EMA
2 ) I
4
5
• MICHAEL M. RUANE
DIRECTOR, EMA
NTY OF ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES .PARKS
LOCATION:
401 CIVIC CENTER DRIVE
3 RAN CA E 10TH FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
ENVIRONMENTAL MANAGEMENT AGENCY P.O. BOX 4048
HARBORS, BEACHES AND PARKS SANTA ANA, CA 92702 -4048
JUL$$ 0
FILE
Mr. Robert L Wynn, City Manager
Attention: David Harshbarger, Marine Director
City of Newport Beach
P. 0. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: City /County Newport Harbor Debris Removal
Agreement No. D91 -095
Dear Bob:
TELEPHONE:
(714) 568 -5100
FAX # 568 -5111
The previous Newport Harbor Debris Removal Agreement has expired. Discussions
between EMA Harbors, Beaches and Parks staff and your Marine Director
indicated that your City was interested in renewing our cooperative agreement
for another five -year period through 1995.
Attached then for your consideration is a new Newport Harbor Debris Removal
Agreement for the period of November 12, 1990, when the previous agreement
expired, through November 12, 1995. Under the terms of this agreement, the
County will provide matching funds up to $20,000 annually for removal of
debris and refuse from the harbor and the tidal zones.
If you agree with the terms of this new agreement, please submit to your City
Council for approval and execution.
Mr. Kenneth W. Scattergood, Chief
Program Support and Special Projects
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
Upon receipt of the signed copies, we will submit the same to the Board of
Supervisors for their approval. Should your staff have any questions, please
have them contact the assigned staff analyst, Ms. Molly Brenner at 568 -4967.
RE a`,D
JULI 1 1991s_
C1 "y Manager
1Y Of Newport Beach i
Very truly yours,
Rober G. Fisher, Director
Harbors, Beaches and Parks
CITYOF NEWPORT AACH
August 20, 1991
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
Mr. Kenneth W. Scattergood, Chief
Program Support and Special Projects
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
Subject: City /County Newport Harbor Debris Removal Agreement
Dear Mr. Scattergood:
At August 12, 1991, City Council of Newport Beach approved
City /County, Newport Harbor Debris Removal Agreement. Enclosed
please find the four original signed agreements.
Following execution by the Board of Supervisors, please return one
copy to this office for our files.
Sincerely,
zo
Wanda E. Raggio
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
Memorandum
August 13, 1991
TO: DAVE HARSHBARGER
FROM City Manager
SUBJECT: DEBRIS REMOVAL AGREEMENT
Please notice
on the
subject agreement that Paragraph X
is missing yet in Paragraph
XV it
refers in the final line
to Clause X. I
believe, therefore, there
is a
typo someplace in
the agreement.
Please correct and give
the corrected agreement
to Wanda for
signatures. Also, bill the
County
for their share of the
cost for debris
removal.
RLW:kf
Attachment
ROBERT L. WYNN
P}2
i
August 12, 1991
CITY OF NEWPORT BEACH
Marine Department
E
AGENDA No. F -3(d)
TO: MAYOR AND CITY COUNCIL
FROM: Marine Director
SUBJECT: CITY- COUNTY COST SHARING AGREEMENT: HARBOR
DEBRIS REMOVAL
Recommendation: If desired, authorize the Mayor and City,Clerk to
execute Agreement No. D91 -095.
Discussion:
The City Council, in November 1985, entered into a cost sharing
agreement with the County of Orange to provide one -half the funds
for the staffing and maintenance and operation costs of the
floating harbor debris removal function in Newport Bay.
The existing agreement has now lapsed and the City and County
staffs have completed negotations for a new agreement to again
provide matching funds to continue the harbor debris removal
function. Attached is the new agreement, whereby the County has
.agreed to provide matching funds in, the total amount of $20,000 per
year for the removal of debris and refuse from Newport Bay and the
intertidal zones. The agreement provides that the County will
match City funds in the amount of $3750 per quarter, plus an
additional $5000 annually for storm related problems or for extra -
work provisions. The agreement is for a five year period from the
date of execution.
David Harshbarger
Marine Director
Attachment
• s Removal
Harbor Debri •
Within Newport Harbor
Cost - Sharing Agreement between
City of Newport Beach and
County of Orange
1 THIS AGREEMENT is made and entered into this
j 2 day of _ _ _ 1991.
3 BY AND BETWEEN
CITY OF NEWPORT BEACH, a
4 municipal corporation,
hereinafter referred to as
5 "CITY"
AND
6 COUNTY OF ORANGE, a
subdivision of the State of
7 California, hereinafter
referred to as "COUNTY"
8
RECITALS
9
10 WHEREAS, Newport Harbor is an authorized navigational project of County's
11 Harbors, Beaches and Park's County Service Area No. 26; and
12 WHEREAS, much of the land and water area of Newport Harbor consists of
C Public Tidelands under administrative jurisdiction of both the COUNTY and CITY; and
13
14 WHEREAS, COUNTY and CITY share an interest in the maintenance and operations
15 of said Public Tidelands area for public use and enjoyment pursuant to the terms and
16 conditions of appropriate Tidelands Trust legislation; and
17 WHEREAS, one of the operational aspects of said harbor is the removal of
floating debris and litter from harbor waters; and
18
i9 WHEREAS, CITY is capable of providing for the service of debris removal and
20j pickup from said harbor water areas; and
II
21 WHEREAS, CITY and COUNTY entered into a five year agreement dated November,
1
22 1985 for the purpose of providing cost - sharing of the debris removal and refuse
23 pickup services within the harbor and tidal zones of Newport Harbor; and
24 WHEREAS, CITY and COUNTY desire to continue the cost- sharing arrangement for
debris removal services from the date of expiration, November, 1990; and
25
26 WHEREAS, COUNTY will by this agreement provide matching funds up to $20,000
27 annually for removal of debris and refuse from the harbor and the tidal zones.
I
28
u
P 3 • .
Agreement No. D91 -095
1 NOW, THEREFORE, it is agreed by and between the parties hereto as follows;
3 CITY agrees to provide harbor debris pickup in Newport Harbor including the
4 West Newport channels, Promontory Bay, Grand Canal, the Rhine, the navigable portions
5 of the bay and those portions adjacent to the shoreline, whether under City or
6 COUNTY jurisdiction. In addition, the Upper Bay log -boom, maintained for the purpose
7 of collecting litter, will be cleared of refuse and debris.
8 II
9 CITY agrees to provide this service five days a week on a year round basis.
10 During the summer months of June, July, August and September the service will be
11 available on weekends as needed, to be determined by City's Marine Director.
C ,2 III
13 CITY agrees to collect floating litter and debris, including, but not
14 limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals and
15 birds, kelp and other marine growth and construction debris,
16
IV
171 CITY agrees to provide all equipment necessary to collect the aforementioned
debris and at a minimum shall have an 18 foot vessel equipped with skimmers and
18
19I containers sufficient to transport litter and debris to a disposal site.
20 I V
j
21 CITY agrees to maintain radio communication with the vessel and operator so
�
22 as to provide communication between the City's Marine Department and the Orange
23 County Sheriff's Harbor Patrol to facilitate the speedy removal of debris when
24 observed by citizens or jurisdictions responsible for harbor maintenance. .
VI
25
CITY agrees to provide extra work service when hazards to navigation occur
26
due to-debris resulting from storm conditions or other intermittent conditions; the
271
1
28 _2_
P 4
/ 1
2
3
4
5
6
7
8
9
10
11
C 12
13
14
15
16
17
18
19
20
21
22
t
23
24
2!
2(
21
2E
Agreement No. D91 -095
CITY Will provide manpower to perform extra work as directed by the CITY's Marine
Director, or upon request of Director, EMA, or his designee,
VII
CITY agrees to employ only properly trained and qualified personnel and
supervisory personnel in the discharge of its obligations under this Agreement.
VIII
CITY shall maintain payroll records of all debris personnel by name and /or
i
employee number and classification to verify actual direct salary costs. CITY shall j
make these records available upon request of the Director, BMA, County of Orange or
his designee, hereinafter referred to as "Director EMA" and said are subject to audit
by the Orange County Auditor - Controller. The payroll records will be kept on file by
CITY for three fiscal years.
Ix
CITY agrees to submit a written report quarterly to the "Director, EMA" on
the approximate quantities of litter and debris collected. This report will also
include the number of man hours worked during quarterly.reporting period.
CITY shall submit quarterly, to COUNTY, a billing for one -half of the cost
of performance of this Agreement, not to exceed $3750.00 per quarter. CITY may also
submit a billing for one -half the cost of work performed, within "extra work"
provisions of said Agreement, not to exceed $5000.00 annually, accompanied by a
report of debris quantities, types and locations where encountered during the extra
work provision.
iii
COUNTY shall remit payment to CITY within sixty days of receipt of said
billing and reports. In no event shall COUNTY's quarterly liability exceed $3750.00
under the terms of this Agreement, nor shall annual liability exceed $5000.00 under
terms'of the "extra vork" provisions.
-3-
Agreement No. D91 -095
1I
X11
( 2 CITY shall indemnify and hold harmless the County of Orange from all claims
3 for damages arising from the negligent acts or omissions of CITY, its officers,
4 agents or employees in CITY'S conducting of trash and debris collecting services
5 under this agreement.
6 N %III
7III CITY hereby agrees to comply with Title VI of the Civil Rights Act of 1964
8I (P.L. 88 -352) and all requirements therein.
9! xIV
101' THE term of this agreement shall be for five (5) years, beginning the date
i
11� of expiration of the original Agreement, November 12, 1990, through November 12,
12ji
1995.
13 i xv
�i COUNTY reserves the right to terminate this agreement without cause
14Ij
1511 effective June 30 of any year by giving sixty (60) days prior written notice of
16I! intention to terminate. In the event of such termination, the total consideration
1711
owing from COUNTY to CITY for all services performed during that quarter ending June
'!
18 30 as provided for in Clausgj x-
i; � �,"
19;
20;;
2111
22
23"
241:
25i
261!
271
28, -4-
I'
P 6
1P
i
2
3
4,
5�
6'.
0
Agreement No. D91 -095
IN WITNESS WHEREOF, COUNTY has caused this agreement to be executed by the
Chairman of the Board of Supervisors, acting as the governing board of COUNTY, and
attested by its Clerk, and CITY has caused this agreement to be executed by its
Mayor, and attested by its Clerk, all thereunto duly authorized on the dates set
forth opposite their respective signatures.
ATTEST: CITY OF NEWPORT BEACH
7' Date:
8 Date:
9
10
111
121
13j
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Date:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
Linda D. Roberts
Clerk of the Board of Supervisors of
Orange County, California
DATE:
MB:ct 1052410251709(1161)
By:
Mayor
BY:
City Clerk
COUNTY OF ORANGE
By:
Chairman of the Board of Supervisors
Approved as to form:
Terry C. Andrus, County Counsel
Orange Cpunt , California
By:
puty
Approved as to form:
By:
City Attorney
-5-
f/
• 'e `-.000mmolb- 9
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714(640 -2251
TO: FINANCE DIRECTOR ?/
Marine Director /Z /1z, /JP,j
FROM: CITY CLERK
DATE•, December 16, 1985
SUBJECT: Contract No. C -2539
Description of Contract Agreement for Newport Harbor Debris Removal
Effective date of Contract November 12, 1985
Authorized by Minute Action, approved on September 23, 1985
Contract with County of Orange
Address Environmental Management Agency /Parks and Recreation
P.D. Box 4048
Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
0
CITY OF NEWPORT BEACH
Marine Department
September 23, 1985
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
0
SUBJECT: CITY - COUNTY AGREEMENT: HARBOR DEBRIS REMOVAL
Recommendation:
AGENDA ITEM: F -3 -d
BY THE CITY COUNCIL.
CITY OF NEWPORT BEACH
SEP 23 1985
APPROWD
If desired, authorize the Mayor and City Clerk to execute Agreement kD -& 12Z.
Discussion:
The City Council, beginning with the 1985 -86 year, provided funds for the
Marine Department to purchase a City -owned vessel and to provide staffing
for the vessel, in order to remove floating debris from Newport Bay.
Prior to September of 1985 the City has contracted with a private business
for this function. In the past the County has provided matching funds
in the amount of $2800 per quarter and a maximum of $5000 in addition for
extra -work provisions.
The City and County staff have been negotiating a new agreement to provide
matching funds for the M &O and salary portions of the new Harbor Debris
program. Attached is an agreement whereby the County has agreed to provide
matching funds in the total amount of $17,000 for the removal of debris
and refuse from the harbor and its tidal zones. The agreement provides
that the County will match City funds in the amount of $3000 per quarter
plus an additional $5000 annually for storm or extra -work provisions.
The agreement is for a period of five years from the date of execution.
The City's Harbor Debris Removal Program went into operation on Monday,
September 16. Between the first of July and the middle of September the
City purchased and equipped an 18.6 foot Gregor skiff and has interviewed
and hired a seasonal part time individual to operate this boat on a 40 hour
week basis.
David Harshbarger
Marine Director
DH:db
t
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
NOVEMBER 12, 1985
AGREEMENT NO. D85 -127 WITH CITY OF NEWPORT BEACH FOR NEWPORT HARBOR DEBRIS REMOVAL
(HARBORS, BEACHES motion y Supervisor Clark, seconded y
Supervisor Riley, the er o t e oard, on behalf of the Board of Supervisors, was
authorized to execute Agreement No. D85 -127 with the City of Newport Beach for Newport
Harbor Debris Removal, in the annual sum of $17,000. MOTION UNANIMOUSLY CARRIED.
J
f&�F1013.2.3 (12176)
C,- 2333 y
y" • • Agrees rit no. D85 -127
1 This Agreement is made and entered into this i2 to day of Al ay�JL , ,
2 1985 by and between the City of Newport Beach, a municipal corporation, hereinafter
3 referred to as CITY and the Orange County Harbor, Beaches and Parks District,
4 hereinafter referred to as DISTRICT for the mutual benefits and praises contained
5 herein:
6 gEMALg
7 WHMMS, Newport Harbor is an authorized navigational project of County's
8 Harbors, Beaches and Parks District; and
9 WFEWM, much of the land and water area of Newport Harbor consists of Public
10 Tidelands under administrative jurisdiction of the DISTRICT and QTY; and
11 WHEREAS, 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 terms and
13 conditions of appropriate Tidelands Trust legislation; and
14 WHEREAS, one of the operational aspects of said harbor is the.raooval of
15 floating debris and litter from harbor waters; and
16 W ERFAS, CITY is capable of providing for the service of debris removal and
17 pickup from said harbor water areas; and
18 MUMS, DISTRICT will by this agreement provide matching funds up to $17,DOO.00
19 for removal of debris and refuse from the harbor and the tidal zones, and
20 NOW, 7E, it is agreed by and between the parties hereto as follows;
21 I
22 CITY agrees to provide harbor debris pickup in Newport Harbor including the West
23 Newport channels, Promontory Bay, Grand Canal, the Rhine, the navigable portions of
24 the bay and those portions adjacent to the shoreline, whether under City or DISNdr-T
25 jurisdiction. In addition, the Upper Bay log -boom, maintained for the purpose of
26 collecting litterr will be cleared of refuse and debris.
27 II
28 QTY agrees to provide this service five days a week an a year round] basis.'
1 During the summer months of June, July, August and September the service will be
2 available on weekends as needed, to be determined
by City's Marine Director.
3 III
4 CITY agrees to collect floating litter and debris, including, but riot liaited
5 to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals and birds,
6 kelp and other marine growth and construction debris,
7 IV
8 CITY agrees to provide all equipment necessary to collect the aforementioned
9 debris and at a minimum shall have an 18 foot vessel equipped with skiaaers and
10 containers sufficient to transport litter and debris to a disposal site.
11 V
12 CITY agrees to maintain radio communication with the vessel and operator so as
13 to provide communication between the City's Marine Department and the Orange County
14 Sheriff's Harbor Patrol to facilitate the speedy removal of debris when observed by
15 citizens or jurisdictions responsible for harbor maintenance.
16 VI
17 CITY agrees to provide extra work service when hazards to navigation occur due
18 to debris resulting from storm conditions or other intermittent oonditicns; the CITY
19 will provide manpower to perform extra work as directed by the City's Marine
20 Director, or upon request of Director, Em, or his designee,
21 VII
22 CITY agrees to employ only properly trained and qualified personnel and
23 supervisory personnel in the discharge of its obligations under this Agreement.
24 VIII
CITY shall maintain payroll records of all debris personnel by name and/or
26 employee number and classification to verify actual direct salary costs. C1W shall
27 make these records available upon request of the Director, IMF Comfy cf Orange cc
28 his designee, hereinafter referred to as 'Director 3W and said are subject to anmdit
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by the Orange County Auditor - Controller. The payroll records will be kept on file by
CITY for three fiscal years.
IX
CITY agrees to submit a written report quarterly to the "Director, M" on the
approximate quantities of litter and debris collected. This report will also include
the number of man hours worked during quarterly reporting peri6d. "
CITY shall submit quarterly, to DISTRICT, a billing for one -half of the cost of
A
performance of this Agreement, not to exceed $3000.00 per quarter. CITY may also
submit a billing for one -half the cost of work performed, within "extra work"
provisions of said Agreement, not to exceed $5000.00 annually, accompanied by a
report of debris quantities, types and locations where encountered during the extra
work provision.
XI
DISTRICT shall remit payment to CITY within sixty days of receipt of said
billing and reports. In no event shall DISTRICT'S quarterly liability exceed
$3000.00 under the terms of this Agreement, nor shall annual liability exceed
$5000.00 under terms of the "extra work" provisions.
XII
CITY shall indemnify and hold harmless the County of Orange and Orange County
Harbors, Beaches and Parks District from all claims for damages arising from the
negligent acts or omissions of CITY, its officers, agents or employees in CITY'S
conducting of trash and debris collecting services under this agreement.
XIII
CITY hereby agrees to comply with Title vi of the Civil Rights Act of 1964 (P.L.
88 -352) and all requirements therein.
XIV
THE term of this agreement shall be for five (5) years from the date of
execution.
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XV
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DISTRICT' reserves the right to terminate this
agreement without ®rise effective
3
June 30 of any year by giving sixty (60) days prior written notice of intentim to
4
terminate. In the event of such termination, the
total consideration awing fton
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DISTRICT to CITY for all services performed during
that quarter ending Jame 30 as
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provided for in Clause X.
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FMJr-L7-rrrMK;iT L:2
Chairman of the Board of Supervisors, acting as the governing board of DISIMM, and
attested by its Clerk, and CITY has caused this agreement to be executed by its
Mayor, and attested by its Clerk, all thereunto duly authorized on the dates set
forth opposite their respective signatures.
AT'PffiS'T:
Date:
.�
I- - ,ice � � ►,
Date: NOV 1 2 1985
r ia1 �
u a:�•� r Ia1 , a� • 1
1 Iaa Iv I' :1.11 17i 91 •��1
Linda D. Robdrft
Clerk of the Board of Supervisors of
Orange County, California
Approved as to form:
Adrian Kuyper, County Counsel
Orange Co ty - California
By: 25
Deputy
Approved as to form:
By:
City Attorney
PS•Awaraa^ 1A-26
O MM CWNrY HAFMS, HEMCM AND MRM
DI9IRICJ':.
By:
Chairman of the Board of
of Orange County acting as the
Governing Hoard of the Orange Oounty
Harbors, Beaches and Parks District.
—5-
A N G E
•
P.O. Roe 4048
MURRAYSTORM
ENVIRONMENTAL MANAGEMENT AGENCY
Director. EMA
TY O F
H. J. KRIZAN
PARKS AND RECREATION
Santa Ana. 9
. CA 92702 -4040
Dowtol of
Telephone'.
Parks 6 Recreall(Ern
A N G E
Location
12 Civic Center Plaza
P.O. Roe 4048
Santa Ana, CA 927024048
ENVIRONMENTAL MANAGEMENT AGENCY
Mailing Address
Roe 4048
PARKS AND RECREATION
Santa Ana. 9
. CA 92702 -4040
Telephone'.
(714) B34 -8834
FILE NI271.420
David Harshbarger, Marine Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Dear Mr. Harshbarger:
Enclosed you will find the original and two copies of the agreement
between the City of Newport Beach and the HBP District for debris
removal within Newport Harbor. Please review the agreement as to
consistency with your proposal as outlined in your July 14, 1985
letter to me.
If agreement is satisfactory, please forward to Mayor and City Council
for execution. Return City executed agreement to the Recreation
Facilities Division, 10852 Douglass Road, Anaheim, CA 92806, attention
Patti Schooley. Upon receipt, agreement shall be forwarded to the
Board of Supervisors for final execution.
If you have any questions regarding the terms of this agreement,
please contact Patti Schooley at 634 -7065. Thank you for your assis-
tance in this matter.
Very
Y
J. rizan, Directo
k and Recreation
PS: ce
Attachments ,.�)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
September 27, 1985
(714) 6443005
Patti Schooley
Recreation Facilities Division
10852 Douglass Road
Anaheim, CA 92806
Dear Ms. Schooley:
As requested by.Mr. H. J. Krizan, Director of Parks and Recreation,
enclosed are the original and one copy of the Agreement between
the City of Newport Beach and the HBP District for debris removal
within Newport Harbor, which was approved by the City Council of
Newport Beach on September 23, 1985.
Following signature by the Board of Supervisors,, please return one
fully executed copy to.this office for our files.
If you have any questions regarding above subject, please contact
David Harshbarger, Marine Director at 644 -3044, or.this office.
Sincerely,
Wanda E. Raggio ,Aa
City Clerk
WER:pm
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
Marine Department
September 28, 1987
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
Agenda Item # F -15
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
S E P 2 8 1987
APPROVED
SUBJECT: BUDGET AMENDMENT FOR THE RENEWAL OF THE MAINTENANCE
DREDGING PERMIT FOR NEWPORT HARBOR
Recommendation
If desired, (1) approve a
$40,000 to fund renewal of the
Permit, and (2) direct staff t
marine consultant leading to
bioassay testing work to a
Army Corps of Engineers and
(EPA) and (3) approve in
bioassay cost be borne jointly
dredging applicants.
Discussion
Budget Amendment in the amount of
City's Blanket Maintenance Dredging
o solicit proposals from a qualified
a contract to do the necessary
cquire a maintenance permit from the
the Environmental Protection Agency
concept staff's proposal that the
by the City, County of Orange and
In 1983 the City acquired a maintenance dredging permit from the
Army Corps of Engineers to do maintenance dredging for a three
year period in Newport Harbor. At the time the permit was
acquired it was necessary, under the Federal regulations, for the
City to do a bioassay of the dredge material. The approximate
cost of the bioassay at that time was $35,000. It was the City's
understanding, in discussion with the Army Corps of Engineers,
that the bioassay results would be good for five years, even
though the permit was good for only three years. Given that
situation it would be possible for the City to get two three year
permits out of one bioassay. Over the period of our first three
year permit, these requirements were changed by the Army Corps of
Engineers and the EPA and now they are requiring a bioassay on a
permit by permit basis.
Since our permit expired in January of 1986, we have instituted a
dialog with the Army Corps of Engineers and the EPA to see if
these requirements could be waived because of the unique situation
in Newport Beach. We have been unsuccessful in this attempt and
must now go forward with the bioassay process to acquire the
necessary maintenance dredging permit. In that regard, we have
contacted Marine Biological Consultants in Costa Mesa and ToxSan,
Inc. in Watsonville, for preliminary proposals on acquisition of
the maintenance dredging permit and the necessary bioassay work.
Based on the consultants' preliminary conversations with the Army
Corps of Engineers it appears the permit cost cost will be between
$35,000 and $40,000. It will be necessary over the next several
weeks for the City staff to meet with the ACOE and the marine
consulant and decide what is exactly necessary from the Corps
standpoint to acquire this maintenance dredging permit. This will
have a direct influence on any final cost of the permit, and will
also be a factor as to the preliminary results of the testing of
the harbor.
As in the past, the cost of the bioassay would be borne as
follows: (1) The City will pay one -half of the cost initially,
equalling approximately $20,000 to be recovered over the life of
the permit by user fees, and (2) the County of Orange would assume
258 of the cost, not to exceed $10,000, to accomodate maintenance
dredging on county tidelands within the City of Newport Beach, and
(3) the Irvine Company would assume 258 of the cost, not to exceed
$10,000, because they are the largest single user of tidelands
within the city and they have several large marinas that could use
maintenance dredging over the period of the permit. In
recognition of this initial contribution they would not be
required to pay additional dredging permit fees during the period
of the permit.
Both the County of Orange and the Irvine Company have agreed in
concept to participate as outlined above in the permit
acquisition.
These recommendations have been reviewed by the City Council
Tideland Affairs Committee and have received its approval.
David Harshbarger
Marine Director
Tony Mul
Tidelands Administrator
Agreement No. D87 -323
j
AGPIM11E NT
1: pThis Agreement is Wade and entered into this ,�6J day of
2i 19h by and between the City of Newport Beach, a municipal corporation, hereinafter
3i referred to as CITY and the Orange County Harbor, Beaches and Parks District;
4i hereinafter referred to as DISTRICT for the mutual benefits and premises contained
1
51 herein:
6 PIMIT_ALS
7i WHEREAS, Newport Harbor is an authorized navigational project of County's
8 Harbors, Beaches and Parks District; and
9 WHEREAS, much of the land and water area of Newport Harbor consists of Public
10 Tidelands under administrative jurisdiction of the DISTRICT and CITY; and
11 WHEREAS, 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 terms
13 and conditions of appropriate Tidelands Trust legislation; and
14 WHEREAS, one of the operational aspects of said harbor is the maintenance
15 dredging of navigational areas within Public Tidelands under the administrative
16 jurisdiction of DISTRICT and CITY; and
17 WHEREAS, the U. S. Army Corps of Engineers requires the performance of
18 bioassay/bioaccumulation studies and report preparation prior to the issuance of
I
19 maintenance dredging permits; and
20 WHEREAS, the most cost- effective moans of performing the required bioassay/
21 bioaccumulation study is by selecting sampling sites which are representative of
22 similar hydrographic and beneficial use areas within said Public Tidelands; and
23 WHEREAS, CITY is capable of employment of special consultants to accomplish
24 said study; and
25 WHEREAS, DISTRICT will by this agreement provide funding of 258 of the cost of
26 said study not to exceed $10,000; and
27 NOW, THEREFORE, it is agreed by and between the parties hereto as follows;
28 ///
I.
Agreement No. D87 -323
CITY agrees to employ a special consultant that is capable of performing a
bioassay/bioaccumulation study acceptable to the U.S. Army Corps of Engineers for
all Public Tidelands in Upper and Lower Newport Bay under the administrative
jurisdiction of CITY AND DISTRICT.
II.
CITY agrees to provide DISTRICT a copy of the consultants proposal for review
and comment prior to acceptance of the work plan.
III.
CITY agrees to submit the completed bioassay/b ioaccumulat ion report to the U.S.
Army Corp of Engineers for approval and issuance of a three year maintenance
dredging permit valid for said Public Tidelands under the jurisdiction of CITY and
DISTRICT.
IV.
CITY shall submit billing to DISTRICT for 258 of the cost of said study
provided the total cost does not exceed $10,000.
V.
DISTRICT shall remit payment to CITY within 60 days of receipt of said billing
and report. In no event shall the DISTRICT'S liabilty exceed $10,000.
VI.
CITY shall indemnify and hold harmless the County of Orange and Orange County
Harbors, Beaches and Parks District from all claims for damages arising from the
negligent acts or omissions of CITY, its officers, agents or employees while
conducting said studies.
VII.
THE terms provided for in this agreement shall be completed within three years
of the date herewith set forth.
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Agreement No. D87 -323
IN WITNESS WHEREW, DISTRICT has caused this agreement to be executed by the
Chairman of the Board of Supervisors, acting as the governing board of DISTRICT,
and attested by its Clerk, and CITY has caused this agreement to be executed by its
Mayor, and attested by its Clerk, all thereunto duly authorized an the dates set
forth opposite their respective signatures.
ATTEST: CITY
Date: A e� - By:
i
Date: / —d -d b By:
Date: /- ;? G- 8 8
MIN
Linda D. rcberts
Clerk of the Board of Supervisors of
Orange County, California
Approved as to form:
Adrian Kuyper, County Counsel
Orange ty lif is
By: 1
Approas to form:
By:
City Attorney Attorney
pglil E CGUNTyi HARBORS, BEAMW AND PARKS
DISTRICT
Chairman of the Board of Supervisors
of orange County acting as the
Governing Board of the orange County
Harbors, Beaches and Parks District.
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
JANUARY 26, 1988
COOPERATIVE AGREEMENT NO. D87 -323 WITH THE CITY OF NEWPORT BEACH FOR NEWPORT
HARBOR BI IOACCUMULATION U Environmental Management Agency
requests approval of ooperative greement No. D87 -323 for a cooperative
bioassay /bioaccumulation study in preparation for maintenance dredging of
navigational areas of Newport Harbor within public tidelands under the
administrative jurisdiction of the County and City.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez, the
Board authorized execution of Agreement No. D87 -323 in an amount not to exceed
$10,000. MOTION UNANIMOUSLY CARRIED.
RECEIVED
FEB 5 1938
�,n a
®F1013 -2.3 (12/76)
4
2 &3
•
UNTY OF
GE
5 I ENVIRONMENTAL MANAGEMENT AGENCY
r HARBORS, BEACHES AND PARKS
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: Wanda E. Raggio, City Clerk
Subject: Cooperative Bioassay Study for Maintenance Dredging in Newport Harbor
Dear Ms. Reggio:
Enclosed is a fully executed copy of the subject agreement for your files. Thank
you for your assistance on this project. if you have any questions, please contact
Tom Rossmiller at 937 -4912.
TLR:dasMC -21 -12
8047
Attachment
Yours truly,
4 =� er
Comm ty Facilities a Support Operations
S
FEB SiT,
ERNIE SCHNEIDER
DIRECTOR, EMA
ROBERT F. WINGARD
DIRECTOR OF HARBORS, BEACHES & PARKS
LOCATION:
12 CIVIC CENTER PLAZA
P.O. BOX 4048
SANTA ANA, CA 927024048
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024M
FlLE -D
TELEPHONE:
(714) SUM34
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: Wanda E. Raggio, City Clerk
Subject: Cooperative Bioassay Study for Maintenance Dredging in Newport Harbor
Dear Ms. Reggio:
Enclosed is a fully executed copy of the subject agreement for your files. Thank
you for your assistance on this project. if you have any questions, please contact
Tom Rossmiller at 937 -4912.
TLR:dasMC -21 -12
8047
Attachment
Yours truly,
4 =� er
Comm ty Facilities a Support Operations
S
FEB SiT,
CITE' OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
January 8, 1988
(714) 644 -3005
Mr. Larry Paul, Manager
Community Fac. & Support Ops.
Harbors, Beaches and Parks
Environmernal Management Agency.
P.O. Box 4048
Santa Ana, CA 92702 -4048
Subject: Cooperative Bioassay Study for Maintenance Dredging in Newport
Harbor
s
3300 Newport Boulevard, Newport Beach
4
2 3
UNTY OF
G E
5 I ENVIRONMENTAL MANAGEMENT AGENCY
r/ HARBORS, BEACHES AND PARKS
ERNIE SCHNEIDER
DIRECTOR, EMA
ROBERT F. WINGARD
DIRECTOR OF HARBORS, BEACHES & PARKS
FILE NH -DX
LOCATION:
12 CIVIC CENTER PLAZA
P.O. BOX 4048
SANTA ANA, CA 92702-4048
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702-4045
TELEPHONE:
(114) 834MM
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: Tony Melum, Tidelands Administrator
Subject: Cooperative Bioassay Study for Maintenance Dredging in Newport Harbor
Dear Tony:
Attached are three copies of the cooperative agreement for the preparation of a
bioassay/bioaccumulation report required prior to maintenance dredging in Newport
Harbor.
County Counsel has made some minor changes to the agreement; thus, you may want to
resubmit the agreement to the City Attorney for approval as to form.
In addition, please submit the three copies of the agreement to the City Council
for approval and execution. Since the Board of Supervisors has authorized
negotiation of this agreement and adequate funds have been budgeted, we do not
anticipate any problems with approval from the Board.
If you have any questions, please contact Tom Rossmiller at 937 -4912.
TLR:dasREC -21 -2
7342
Attachments
Very truly yours,
ry Pa , Manager
Community Fac. & Support Cps.