Loading...
HomeMy WebLinkAboutC-7003-1 - Cooperative Agreement for Mooring Management Services in Newport HarborM GJ Agreement No. OCP i� Newport Harbor Mooring Management v COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF NEWPORT BEACH FOR MOORING MANAGEMENT SERVICES IN NEWPORT HARBOR THIS COOPERATIVE AGREEMENT ("Agreement"), is made and entered into as of this first day of January, 2016 ("Effective Date"), by and between the County of Orange, a political subdivision of the State of California ("County") and the City of Newport Beach, a California municipal corporation and charter city ("City'). The County and City may individually be referred to herein as a "Party' or collectively as the "Parties." RECITALS A. Since the early 1980's, City and County have entered into a series of agreements ("Joint Powers Agreements") for mooring administration in Newport Harbor. B. The purpose of the Joint Powers Agreements was to establish and define the obligations of City and County in conjunction with the anchorage and mooring of vessels on City and County tidelands in Newport Harbor ("Mooring Management Services"). C. City issued a Request for Proposals in October 2009 to seek the most cost effective and efficient Mooring Management Services, for which County responded with an offer to enter into a cooperative agreement. D. Through Agreement No. OCP10-010, dated June 29, 2010, 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"). E. Agreement No. OCP10-010 was amended in July 2015 to extend the term of the Agreement to December 31, 2015 and to reflect additional compensation as a result of the term extension. F. City issued a Request for Proposals in July of 2015 to seek proposals from qualified proposers interested in providing the City with Mooring Management Services, after the expiration of Agreement No. OCP10-010, for which County submitted a response. County of Orange Cooperative Agreement for Mooring Management Services Page 1 G. Following a qualifications -based selection process, the County was selected to provide services related to the management of moorings on City and County tidelands in Newport Harbor. H. City and County both desire to continue to work cooperatively to identify and allow County to provide Services in the management of moorings in Newport Harbor. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1. PRIOR AGREEMENTS City and County acknowledge that this Agreement replaces and supersedes earlier agreements between the Parties related to mooring administration, including that certain Joint Powers Agreement No. 089-035 dated February 21, 1989, as amended, and Cooperative Agreement No. 0CP10-010, dated June 29, 2010, as amended. 2. TERM This Agreement shall remain in force and effect for five (5) years, commencing January 1, 2016 and ending December 31, 2020. This Agreement may be renewed for up to twenty (20) years, for periods of no more than five (5) years each, by mutual written agreement of the Parties. When considering renewal, the Parties agree to evaluate the Scope of Services, cost of providing services and any changes in mooring management that may be desired. If both Parties desire to renew this Agreement, they agree to begin review of the Scope of Services (defined below) and compensation one (1) year prior to the expiration date. 3. MOORING MANAGEMENT SERVICES County, through its Sheriffs Department, shall perform Mooring Management Services as outlined in Exhibit A "Scope of Services" attached hereto and by reference made a part hereof. In addition to the Services identified in Exhibit A, City and County agree to work cooperatively to identify service enhancements and efficiencies in the management of moorings in Newport Harbor. The Parties acknowledge that City may revise its mooring transfer regulations, and the Parties agree to work together to develop a system to implement the new regulations. Any adjustment to compensation resulting from changes to mooring transfer regulations shall require an amendment to this Agreement. County of Orange Cooperative Agreement for Mooring Management Services Page 2 4. RENT FOR ANNUAL MOORING PERMITS A. Establishment of Mooring Permit Rent. City shall establish Mooring Permit Rent for moorings over City tidelands in Newport Harbor in accordance with Title 17 of the Newport Beach Municipal Code ("NBMC"). For moorings over County tidelands, the County may adopt City's Mooring Permit Rent schedule so as to provide consistency. B. Collection of Mooring Permit Rent. City shall collect all Mooring Permit Rent for moorings over City and County tidelands in Newport Harbor. Each Party shall be responsible for collecting delinquent annual Mooring Permit Rent over their respective jurisdiction of tidelands, which Rent is more than ninety (90) days in arrears. C. Disbursement of Mooring Permit Rent. City shall remit to County one hundred percent (100%) of the Mooring Permit Rent collected by City for moorings over County tidelands annually on or before March 31 of each year during the term hereof. 5. RENT FOR GUEST MOORINGS A. Establishment of Guest Mooring Rent. County shall establish rent for transient guest use of moorings over County tidelands in Newport Harbor as part of the Orange County Parks Fee Schedule. County shall recommend rent for transient guest use of moorings over City Tidelands in Newport Harbor as part of the Orange County Parks Fes Schedule. City shall adopt rent for transient guest use of moorings over City Tidelands. B. Collection of Guest Mooring Rent. County shall collect all Guest Mooring Rent for moorings over City and County tidelands in Newport Harbor in accordance with County payment policies as identified in the County of Orange Accounting Manual. C. Disbursement of Guest Mooring Rent. County shall remit to City one hundred percent (100%) of the Guest Mooring Rent collected by County for moorings over City Tidelands quarterly in arrears, on or before the end of the month following each quarter during the term hereof. However, County may deduct actual fees charged to County for payment via credit cards from card issuers. Actual credit card fees deducted from Guest Mooring Rent will be separately stated on the invoice submitted to the City. County of Orange Cooperative Agreement for Mooring Management Services Page 3 6. FEES FOR MOORING TRANSFERS A. Collection of Mooring Transfer Fees. County shall collect all Mooring Transfer Fees for moorings over City Tidelands. B. Disbursement of Mooring Transfer Fees. County shall remit to City one hundred percent (100%) of Mooring Transfer Fees collected by County for moorings over City Tidelands quarterly in arrears, on or before the end of the month following each quarter during the term hereof. 7. AUDIT RIGHTS The right is reserved to the City of audit and recomputation of any and all amounts due under this Agreement, and no acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further additional sums due under this Agreement or for the performance of any obligation hereunder. 8. RECORDS County shall maintain accurate records on services provided in sufficient detail to permit an evaluation of service and income received therefrom. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible to the City upon demand. County shall provide free access to the Harbor Resources Manager (as defined herein) or his or her designees to such books and records during regular business hours, and give the City the right to examine and audit same, and to make copies as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. County shall reimburse City for City's costs in performance of an audit if, as a result of the audit, it is determined that a discrepancy of ten percent (10%) or more of the contract service fees paid during the period reviewed is due. County shall reimburse the City for such costs within thirty (30) days of the date the City notifies County in writing of the amount of City's cost. 9. COMPENSATION City shall pay County annually, January through December, in accordance with the following cost schedule and as further detailed in Exhibit B attached hereto and incorporated herein. County shall invoice the City one -twelfth (1/12) of the applicable County of Orange Cooperative Agreement for Mooring Management Services Page 4 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 approval of the invoice by City. Calendar Year Cost 2016 $304,992.00 2017 $313,818.00 2018 $321,931.00 2019 $329,591.00 2020 $333,449.00 The compensation amounts above do not include special analysis of mooring information that City may request of County. Additional costs for such analysis may be approved by the Parties' Project Managers (as defined in Section 10), and do not require an amendment to this Agreement, up to Three Thousand Dollars and 00/100 ($3,000.00) per analysis. 10. PROJECT MANAGERS City and County shall designate Project Managers, who shall coordinate all services provided under this Agreement and shall have the authority to act for City and County under this Agreement. City designates its Harbor Resources Manager as its Project Manager ("City Project Manager"), and County designates its Sheriffs Department Marine Operations Bureau Commander as its Project Manager ("County Project Manager"). 11. INDEMNIFICATION Coun . Neither City 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 County under or in connection with any work, activity, or Services under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, County shall fully indemnify and hold City harmless from any liability arising out of the performance of this Agreement or injury of such nature that it would be actionable if inflicted by a private person, (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by County under or in connection with any work, activity, or Services under this Agreement. Com. 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 or activity under this Agreement. It is County of Orange Cooperative Agreement for Mooring Management Services Page 5 understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold County harmless from any liability arising out of the performance of this Agreement or injury of such nature that it would be actionable if inflicted by a private person (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work or activity under this Agreement. 12. STANDARD OF CARE Both County and City shall obtain, and shall keep in full force and effect during the term hereof, at their own sole cost and expense, all licenses, permits, qualifications, insurances, and approvals of whatsoever nature that Is legally required to carry out the terms of this Agreement to their fullest extent. 13. AMENDMENTS This Agreement is the sole and only agreement between the Parties regarding the subject matter hereof, and other agreements on this subject matter either oral or written are void. Any amendments to this Agreement shall be in writing and shall be properly executed by both Parties and approved as to form by County's County Counsel and City's City Attorney. 14. TERMINATION Either Party may terminate this Agreement, with or without cause, by notifying the other Party in writing not less than ninety (90) days prior to the desired date of termination. City shall pay County for Services satisfactorily performed and costs incurred up to the effective date of termination for which County has not been previously paid. On the effective date of termination, County shall remit to City all fees and payments as provided in Sections 4, 5 and 6, prorated for that portion of the year in which the Agreement remained in effect. Further, County shall deliver to City all reports, documents, and other information developed or accumulated in the performance of this Agreement, whether in draft or final form, on the effective date of termination. 15. NOTICES Notices and correspondence in connection with this Agreement shall be addressed as set forth below or as either Party may hereinafter designate by written County of Orange Cooperative Agreement for Mooring Management Services Page 6 notice to the other. All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. To County: County of Orange OC Parks 13042 Old Myford Road Irvine, CA 92602-2304 Attn: Director OC Parks With a copy to: Orange County Sheriff's Department Marine Operations Bureau Attn: Lieutenant 1901 Bayside Drive Corona Del Mar, CA 92625 To City: City of Newport Beach Attn: City Manager 100 Civic Center Drive Newport Beach, CA 92660 With a copy to: City of Newport Beach Attn: Harbor Resources Manager 100 Civic Center Drive Newport Beach, CA 92660 16. RECITALS County and City acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. County of Orange Cooperative Agreement for Mooring Management Services Page 7 18. SEVERABILITY If any portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20. NO ATTORNEY'S FEES If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the Parties agree that attorney's fees shall not be recoverable by the prevailing party. 21. COUNTERPARTS This Agreement may be signed in counterparts, each of which shall constitute an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON FOLLOWING PAGES] County of Orange Cooperative Agreement for Mooring Management Services Page 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: lLk-2 <-gAJXti1 Edward D. Selich Mayor ATTEST: Date: By: f' Leilani I. T3rbwn City Clerk APPROVED AS TO FORM CITY ATTORNEY'S OFFICE Date: l I Z-/ 15' By: Aaron C. Harp City Attorney County of Orange Cooperative Agreement for Mooring Management Services Page 9 COUNTY C::ounty of Orange By: Chair ofe B rd of lup rvisors County of Orige, Califjbrnia APPROVED AS TO FORM Office of the County Counsel County of Orange, Orange, California By: z&4&- Deputy Dated: 11// 71/ �— Signed and certified that a copy of this document has been delivered to the Clerk of the Board per G.C. Sec. 25103, Reso 79-1535 t op 0 Attest � q By:Qzfr Robin Stieler Clerk of the Board of Supervisors County of Orange, California Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 21 EXHIBIT A SCOPE OF SERVICES County of Orange Cooperative Agreement for Mooring Management Services Page A-1 Scope of Services Mooring Management A. Facilities and Equipment 1. Utilize Orange County Sheriff's Department Harbor Patrol (Harbor Patrol) office located at 1901 Bayside Drive, Newport Beach, 92625. 2. Provide sufficient signage at Harbor Patrol dock identifying it as a temporary public side tie for mooring rental check in. 3. Provide at least one Patrol Boat for mooring management duties. Other vessel(s) may be utilized for inspections, relocations, vessel assistance, etc.; however, vessel cost recovery is calculated at the Patrol Boat rate. 4. Equip the mooring office, vessel(s), and other similar equipment. 5. Provide auction location at Harbor Patrol facility. 6. Maintain an impound area for abandoned, found, and impounded vessels including, but not limited to, Harbor Patrol facility and available City of Newport Beach (City) and County of Orange (County) moorings. 7. Operate and maintain telephone (949-723-1002), facsimile (949-673-6285), and email (harborpat()ocsd.org) communication according to the services needed and desired by mooring permittees. B. Staffing 1. Employ Office Technicians, Dispatchers, and Deputy Sheriffs for mooring management services. 2. Office Technician staff shall be available during regular business hours. 3. Deputies and Dispatchers shall be on duty 24 hours a day, seven days per week. 4. Furnish sufficient, qualified staff for waterside services such as mooring and vessel inspections, vessel relocation, etc.; and sufficient staff for mooring - rental check-in and other duties. Services may vary seasonally and with inclement weather. 5. Observe, enforce, and keep up-to-date with City policy, rules and regulations pertaining to moorings. C. Administration Submit weekly reports to City summarizing mooring -related tasks including, but not limited to enforcement, quantity of mooring rentals, mooring rental live-aboards, holding tank and dye -tablet log, etc. Schedule monthly meetings between Harbor Patrol and City staff to discuss mooring matters. Document current mooring location and coordinate with City staff to record locations. Maintain and update visual mooring field map. Maintain mooring permittee information in a City -provided management database to maximize access to moorings available for transient guest rental, mailings, inspections, and auctions. County of Orange Cooperative Agreement for Mooring Management Services Page A-2 4. Train all mooring related staff and maintain communication with City personnel. 5. Ensure all mooring information is available to the City electronically. City may request provider to furnish data that is in a format usable by the City. 6. Process mooring transfers, overhaul notices and documentation, and update billing information. 7. Develop, update, and/or maintain records, files, forms, and procedures as necessary to increase efficiency and improve methods. Examples include mooring transfers, letters of permission, and lien notices. 8. Maintain up-to-date insurance records for all mooring permits and renters. 9. Provide City with updated customer billing and contact information. 10. Maximize transient rental revenue and use by providing public access to available vacant moorings for guest use according to the Newport Beach Municipal Code ("NBMC"). Assist transient renters with safe vessel mooring as needed. 11.Assist City in the location of current owners of abandoned or found vessels on moorings over City Tidelands. 12. Process vessel lien sales. 13.Assist in auctions in coordination with Harbor Patrol and City. 14.Coordinate with contractors and City to dispose of vessels. City is responsible for disposal costs of City vessels. 15. Bear the cost of mailings, postage, etc. 16. Pay quarterly remittance to the City of transfer fees for City moorings. 17. Pay quarterly remittance to the City for rental fees for moorings over City tidelands. D. Enforcement of Codes. Rules and Procedures 1. Enforce applicable provisions of the NBMC Title 17 as it pertains to moorings over City tidelands. Provisions may be amended and it is Harbor Patrol's responsibility to stay up to date on policies and regulations. 2. Conduct investigation of code violations and recommend mooring permit revocation to the Harbor Resources Manager when code compliance cannot be achieved. 3. Assist City in processing of permit revocations by assisting in lien sales, participating in appeal hearings, and vessel impounds as necessary. 4. Implement mooring transfers per NBMC. 5. Manage the mooring permits issued to the yacht clubs per the requirements of the NBMC. 6. Identify live -aboard violations and nuisance conditions. 7. Coordinate with City to permit legitimate live-aboards. 8. Report water quality violations to City and/or appropriate agency. Continue to utilize HazMat expertise to identify and manage violations. County of Orange Cooperative Agreement for Mooring Management Services Page A-3 E. Inspections 1. Perform dye -tablet testing and holding tank inspections to ensure that vessel holding tanks are secure and y -valves are closed. Dye -tests shall be performed on 100% of mooring rentals and vessels anchoring in designated anchorage(s). Perform two dye -tests per week on annual mooring permittees. 2. Establish routine field investigations and surveys to monitor mooring equipment, mooring availability and mooring conditions. Harbor Patrol will schedule no fewer than three designated field surveys per week. Additional inspections may be required based on code compliance, etc. 3. Conduct inspections of vessels assigned to moorings for seaworthiness, operability, nuisance requirements, and compliance with other NBMC mooring regulations. Take action to correct identified issues. 4. Provide inspections of shore moorings throughout Newport Harbor. 5. Identify grounded, nuisance, and/or derelict vessels and enforce NBMC. 6. Maintain mailing list and schedule for mooring inspection and overhauls. Ensure inspections and overhauls are completed and recorded accordingly. Provide written notification to permittee for compliance according to the NBMC. 7. Spot check or field -verify mooring contractors' records for mooring maintenance records, assigned mooring weights, etc., no less than four times per year. 8. Contact mooring permittees to prevent and react to sea lions on or near vessels in accordance with the NBMC. 9. Review, evaluate, and may approve permittee requests for adjustments to mooring sizes. F. Services to Mooring Permittees 1. Provide vessel towing or relocation services associated with storage, nuisance mitigation, etc. 2. Provide information related to safe and proper mooring position to the local mooring service contractors. 3. Provide emergency response to the mooring fields to mitigate dangerous situations in inclement weather. G. City shall: 1. Conduct an audit of terms of this agreement including weekly reports, patrols, holding tank inspections, rentals, transfers, etc. Audits are scheduled six (6) months after commencement of agreement, and yearly on the anniversary of the commencement. 2. Prepare necessary billing and bill each mooring permit holder an annual mooring fee. City shall retain rents for permits held over City tidelands and City shall remit rents to County for the moorings over County tidelands. County of Orange Cooperative Agreement for Mooring Management Services Page A-4 3. Allow the Harbor Patrol to rent vacant moorings over City tidelands. County shall submit to City all rents collected for moorings over City tidelands. 4. Conduct twice annual, or as necessary, auctions of abandoned vessels and coordinate with County for proper notification and form processing with California Department of Motor Vehicles. 5. Acquire or develop a software program to facilitate mooring management. City will assist Harbor Patrol staff with implementation and training. Software program is expected within approximately two years 6. Approve/disapprove plans and specifications of proposed non-standard moorings or buoys. 7. Approve and process or disapprove the transfer of a mooring permit per NBMC requirements. 8. Revoke a mooring permit per NBMC requirements. County of Orange Cooperative Agreement for Mooring Management Services Page A-5 EXHIBIT B SCHEDULE OF BILLING RATES County of Orange Cooperative Agreement for Mooring Management Services Page B-1 COUNTY OF ORANGE SHERIFF -CORONER DEPARTMENT RFP -NO. 16-03 MOORING ADMINISTRATION SERVICES AGREEMENT COST RECOVERY SUMMARY FOR PERIOD 111/16 THRU 12/31/20 CALENDAR YEAR ANNUAL COST MONTHLY COST 2016 $304,992 $25,415.97 2017 $313,818 $26,151.51 2018 $321,931 $26,827.62 2019 $329,591 $27,465.95 2020 $333,449 $27,787.40 13A 8/13/2015 SERVICE PROVIDED BY COUNTY OF ORANGE SHERIFF'S DEPARTMENT RFP -NO 16-03 MOORING ADMINISTRATION SERVICES AGREEMENT COST DETAIL FOR PERIOD 111/16 THRU 12/31/20 ANNUAL RECOVERY CY 2016 RECOVERY CY 2017 HOURS RATE TOTAL COST RATE TOTAL COST RECOVER CY 2016 Y RATE TOTAL COST Office Technician 2,036.91 > $42.05 $ 85,652.07 $43.67 88,951.86 f $45.24 $ 92,149.81 Radio Dispatcher 244.00. $64.11 15,642.84: $66.20 16,152.80: $68.22 16,645.68 Deputy Sheriff II 1,382.02 ` $134.61 186,033.71 $138.24 191,050.44 $141.44 195,472.91 Patrol Boat 674.42 $26.19 17,663.06 $26.19 17,663.06 $26.19 17,663.06 Actual Cost $ 304,991.68 $ 313,816.16 $ 321,931.46 SERVICE ANNUAL RECOVERY CY 2019 RECOVERY CY 2020 PROVIDED BY HOURS RATE TOTAL COST RATE TOTAL COST Office Technician 2,036.91 $46.69 $ 95,103.33 dry $47.37 $ 96,488.43 Radio Dispatcher 244.001' $70.12 $ 17,109.28 $71.02 $ 17,328.88 Deputy Sheriff 11 1,382.025 $144.51 $ 199,715.71. $146.14 $ 201,968.40 Patrol Boat 674.42 $26.19 $ 17,663.06 $26.19 $ 17,663.06 Actual Cost _L329,691.38 $ 333,446.77 13B 8/13/2015 Summary of Billing Rates Fiscal Year Breakdown — Mooring Management Services January 1, 2016 thru December 31, 2020 FISCAL YEAR PERIOD PERIOD COST FISCAL YEAR COST FY 2015-2016 $152,495.82 1/1/2016 thru 6/30/2016 $152,495.82 FY 2D16-2017 7/1/2016 thru 12/31/2016 $152,495.82 $309,404.88 1/1/2017 thru 6/30/2017 $156,909.06 FY2017-2018 7/1/2017 thru 12/31/2017 $156,909.06 $317,874.78 1/1/2018 thru 6/30/2018 $160,965.72 FY2018-2019 7/1/2018 thru 12/31/2018 $160,965.72 $325,761.42 1/1/2019 thru 06/30/2019 $164,795.70 FY2019-2020 7/1/2019 thru 12/31/2019 $164,795.70 $331,520.10 1/1/2020 thru 6/30/2020 $166,724.40 FY2020-2021 7/1/2020 thru 12/31/2020 $166,724.40 $166,724.40 TOTAL COST $1,603,781.40