HomeMy WebLinkAbout08 - Harbor Debris RemovalITEM $
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:
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
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PROJECT: Harbor Debris Repoval
(Job Number - EH21746)
A G R E E M E N!
Agreement No. DO1 -072
THIS AGREEMENT, for purposes of identification hereby dated the day
of , 2001, 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 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'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 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
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PROJECT: Harbor Debris Removal Agreement No. DO1 -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
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 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
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
Agreement No. DO1 -072
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,
lor 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
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 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
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PROJECT: Harbor Debris Removal Agreement No. DO1 -072
(Job Number - EH21746)
performance under this agreement. 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. 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.
b. COUNTY'S HBP Director, or his /her assigned 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 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 of Supervisors.
8. 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
Public Facilities and Resources Department
County of Orange
P. 0. Box 4048
Santa Ana, CA 92702 -4048
FAX No. 714 - 834 -4744
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PROJECT: Harbor Debris Removal 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. 0. Box 4048
6 Santa Ana, CA 92702 -4048
7 b. All notices shall be deemed effective when in writing and delivered in person or
8 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
18 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
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PROJECT: Harbor Debris Removal Agreement No. D01 -072
(Job Number - EH21746)
for all services performed during that quarter ending June 30 as provided for above.
11. TERM OF AGREEMENT
The term of this agreement shall be for five (5) years beginning July 1, 2001, anc
extending through June 30, 2006.
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.
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PROJECT: Harbor Debris Removal
(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:
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
X: \NwptBCh- Harbor Debris- 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: i
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