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Home My WebLink About11 - 04BA-059 - Harbor Resources Program & Project SupportCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 May 11, 2004 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 (cD. city. newport- beach.ca.us Dave Kiff, Assistant City Manager, 949 - 644 -3002 dkiff(a)city. newport- beach.ca.us SUBJECT: Budget Amendment and Approval of Amendment No. 1 to the Professional Services Agreement for Harbor Resources Program and Project Support with Tetra Tech, Inc. ISSUE: Should the City authorize a budget amendment and an amendment to an existing professional services agreement with Mr. Larry Paul of Tetra Tech Inc? RECOMMENDATION: 1. Approve Amendment No.1 to an existing sole- source Professional Services Agreement with Tetra Tech Inc. extending the Agreement's term to June 30, 2005. 2. Approve Budget Amendment No. 2004 - appropriating $50,750 from unencumbered reserves (Tidelands Fund) to the City Manager's 0310 -8080 account to fund the period of December 1, 2003 through June 30, 2004. DISCUSSION: Background: On May 28, 2003 the City of Newport Beach entered into a six -month sole- source professional services agreement with Larry Paul of Tetra Tech Inc. in order to provide program and project support to the Harbor Resources Division. The not -to- exceed contract price was $66,557.00. Budget Amendment & Amendment to Professional Services Agreement with Tetra Tech, Inc. May 11, 2004 Page 2 During that time period, Mr. Paul has been instrumental in assisting Harbor Resources to: • Obtain federal funding and implementation of Phase One dredging in Lower Newport Bay; • Serve as liaison to the US Army Corps of Engineers regarding the Upper Newport Bay Ecosystem Restoration Project; • Develop an Eelgrass Management Strategy to present to the Resources Agencies and Congress for support and funding; • Obtain federal funding for the removal of sand from the Lower Santa Ana River and placement of that sand in the West Newport groin field; • Prepare briefings and talking points for Council Members' trips to Washington, D.C. to discuss harbor- and Bay - related issues; and • Promote better coordination and cooperation with the Orange County Sheriffs Harbor Patrol on harbor enforcement and operations issues. Looking Ahead: It would be beneficial to continue Tetra Tech's services through June 30, 2005 to continue the progress that has been made to bring resolution to the problematic maintenance dredging issues in the federal channels of the Lower Bay. In addition, with the assistance ofTetra Tech we will have an enhanced o pportunity to get all of the Resources Agencies to participate in the preparation of a Harbor Area Management Plan ( "HAMP ") that will, among other things, set a baseline for the amount of eelgrass necessary to maintain essential fish habitat. Both of these issues are critical to sustaining safe navigation in the harbor. Terms of the Agreement Amendment The proposed extension of the professional services agreement provides for "as needed" staff assistance at an estimated rate of 52 hours per month. The term of the agreement expired on November 28, 2003. The proposed Amendment No. 1 would: • Extend the term to June 30, 2005, subject to cancellation by the City without cause with 30 days' written notice of cancellation from City to Tetra -Tech. • Provide for funding in the amount of $7,250 per month unless billable hours do not equal that amount — in this case, the hours would be billed at scheduled rates (roughly $163 /hour for Mr. Paul's services). Environmental Review: The City Council's discussion of this Agenda Item does not require environmental review. Budget Amendment & Amendment to Professional Services Agreement with Tetra Tech, Inc. May 11, 2004 Page 3 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). Fundinq Availability: T he period of J my 1 , 2 004 t hrough J une 30, 2 005 i s i ncluded within the proposed FY 2004 -05 Budget. But the Council will need to amend the FY 2003 -04 Budget (thus the need for the Budget Amendment) to cover the period from December 2003 through June 2004 (seven months at $7,250 per month = $50,750. Alternatives: Perform the necessary duties with existing in -house staff. Prepared by: Submitted by: Tom Rossmiller, Harbor Resources Manager _6a_v&_Kiiff, Assistant City Manager Attachments: Amendment No 1 to Professional Services Agreement Budget Amendment Budget Amendment & Amendment to Professional Services Agreement with Tetra Tech, Inc. May 11, 2004 Page 4 PROFESSIONAL SERVICES AGREEMENT FOR HARBOR RESOURCES SUPPORT SERVICES AMENDMENT NO. 1 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 11`h day of May, 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and TETRA TECH, INC., whose address is 1770 Cartwright Road, Suite 500, Irvine, California, 92614, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On May 28, 2003, CITY And CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for Harbor Resources Support. B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to June 30, 2005. C. CITY desires to compensate CONSULTANT for additional professional services needed. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1. Budget Amendment & Amendment to Professional Services Agreement with Tetra Tech, Inc. May 11, 2004 Page 5 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 2 shall not exceed seven thousand, two hundred and fifty dollars ($7,250.00) per month. 3. The term of the AGREEMENT shall be extended to June 30, 2005. 4. This AGREEMENT is cancelable by the City without cause with thirty (30) days written notice of cancellation by CITY to CONSULTANT. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: By: City Attorney ATTEST: By: LAVONNE HARKLESS, City Clerk CITY OF NEWPORT BEACH, A municipal corporation 0 TOD W. RIDGEWAY, Mayor City of Newport Beach TETRA TECH, INC. City of Newport Beach BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 04BA -059 AMOUNT: $so,TSO.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for extending Professional Services agreement with Tetra Tech Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit $50,750.00 Description Division Number 0310 General Fund Account Number 8080 Services- Prof & Tech, NOC $50,750.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed:] F ncia Approval: Administrative ices Director Date Signed: 5 O Administrative Approv : City Manager ate Signed: City Council Approval: City Clerk Date City of Newport Beach BUDGETAMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues rx I from unappropriated fund balance EXPLANATION: NO. BA- 04BA -053 AMOUNT: $so,75o.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for extending Professional Services agreement with Tetra Tech Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $50,750.00 Description Division Number 0310 General Fund Account Number 8080 Services- Prof & Tech, NOC $50,750.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financia Approval: //Administrative rvices Director Date Signed: dmin istr five Approvvy " City Ma gager ,�at Signed: r_ t '-'�' Av &','y ' City Council Approval: City Clerk Date