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HomeMy WebLinkAboutC-2539 - Agreement (for Removal of Floating Debris and Littler from Harbor Waters)Y � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal (Job Number - EH21746) 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal Agreement No. D06 -040 (Job Number - EH21746) 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. 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor Debris Removal (Job Number - EH21746) Agreement No. D06 -040 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 0 0 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • PROJECT: Harbor Debris Removal (Job Number - EH21746) Agreement No. D06 -040 such action does not in the aggregate exceed the total amount of financial 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 0 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: 2 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9 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 7 n,u:; ` 2 2906 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 1 2 3 4I1 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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. 2 y 2:II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 3 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 9 0 1i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 7 7 . 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 ?r -1 `E5 RF (' 1.:,tr 'Vice 1 .? '-0 200! �� na s •� 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_ 1 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROJECT: Harbor 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 1 2 3 4 5 6, 7 8 9 10 11 12 13 14 15 16 17 18 19 26 21 22 23 24 25 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 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 e 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 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 20 21 22 23 24 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 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 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- 1 XV 2 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 5 DISTRICT to CITY for all services performed during that quarter ending Jame 30 as 6 provided for in Clause X. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 11 21 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 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. 0 1 2 3 4 5 6 7 S ..9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 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.