HomeMy WebLinkAbout12 - Amendment to the Cooperative Agreement for Mooring Management Services in Newport Harbor for Six Months - Amended ContractAMENDED
June 9, 2015
Agenda Item No. 12
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN
COUNTY OF ORANGE AND CITY OF NEWPORT BEACH
FOR MOORING MANAGEMENT SERVICES
IN NEWPORT HARBOR
THIS AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT ( "Amendment
No. 1 ") is made and entered into as of this first day of July, 2015 ( "Effective Date "), by
and between the County of Orange, a political subdivision of the State of California
(hereinafter "County ") and the City of Newport Beach, a California municipal corporation
and charter city (hereinafter "City "). The County and City may individually be referred to
herein as a "Party" or collectively as the 'Parties."
WITNESSETH:
WHEREAS, by Agreement No. OCP10 -010, dated June 29, 2010 ( "Agreement'),
County and City entered into a cooperative agreement for Mooring Management
Services in Newport Harbor and to work cooperatively to identify service enhancements
and efficiencies in the management of moorings in Newport Harbor ( "Services ");
WHEREAS, City desires to enter into this Amendment No. 1 to extend the term
of the Agreement to December 31, 2015 and to increase the total compensation as a
result;
WHEREAS, County and City agree to amend "Article 2: Term" to reflect the term
extension; and
WHEREAS, County and City agree to amend the "Article 6: Compensation" to
reflect an increase in compensation;
NOW, THEREFORE, it is mutually understood and agreed by County and City
that Agreement No. OCP10 -010 is hereby amended in the following particulars only:
1. ARTICLE 2. TERM of the Agreement, the first sentence is amended with the
following to extend the termination date, in accordance with the language set
forth therein: "This Agreement is hereby renewed in full force and effect for a
renewal term of six (6) months, from July 1, 2015 through and including
December 31, 2015."
2. ARTICLE 6: COMPENSATION of the Agreement is amended with the
following to reflect additional compensation as a result of the term extension:
"City shall pay to County One Hundred Fifty Eight Thousand Fifty Dollars
and 00 /100 ($158,050.00) for the Mooring Management Services provided
from July 1, 2015 through and including December 31, 2015. County shall
invoice City one -sixth of the applicable Mooring Management costs on a
monthly basis. Invoices shall be issued on or before the first day of each
service month. The payment due date shall be thirty (30) days after the
beginning of each service month. The compensation amount does not include
special analysis of mooring information that City may request of County.
Additional costs for such analysis of mooring information may be approved by
the Parties' Project managers (as defined in Section 7), and do not require an
amendment to this Agreement, up to Three Thousand Dollars and no /100
($3,000.00)."
3. INTEGRATED CONTRACT: Except as expressly modified herein, all other
provisions, terms, and covenants set forth in the Agreement shall remain
unchanged and shall be in full force and effect.
This Amendment No. 1 shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1
to Agreement No. OCP10 -010 to be executed on the dates written below.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Edward D. Selich
Mayor
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
COUNTY
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
By
Deputy County Counsel
Date
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CLERK OF
THE BOARD PER G.C. SEC. 25103,
RESOLUTION 79 -1535
Attest:
Robin Stieler, Interim Clerk of the
Board of Supervisors
Orange County, California
COUNTY
COUNTY OF ORANGE
Chair, Board of Supervisors