HomeMy WebLinkAbout03 - Harbor Debris RemovalCITY 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
dkiff(cD city. newport- 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?
RECOMMENDATION:
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:
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Tom Rossmiller, Harbor Resources Manager
Attachments: Cooperative Agreement
Submitted by:
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Da Kiff, Assistant City Manager
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
Agreement No. D06 -040
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"
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 - sharing of the debris removal and
refuse pickup services within the harbor and tidal zones of the Harbor; and
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
1 WHEREAS, CITY and COUNTY desire to continue the cost - sharing arrangement
2 for the PROJECT for another five -year period; and
3 WHEREAS, COUNTY will by this AGREEMENT provide matching funds up to
4 $35,000 annually for the PROJECT.
5 NOW, THEREFORE, it is agreed by and between the parties hereto as
6 follows:
7 1. RECITALS
8 The Recitals set forth above are true and correct; are a material part of
9 this AGREEMENT, and are incorporated herein by this reference.
10 2. TIME
11 Time is of the essence in this AGREEMENT.
12 3. PROJECT
13 The PROJECT shall consist of the CITY'S collection and disposal of debris
14 in Newport Harbor including the West Newport channels, Promontory Point, Grand
15 Canal, the Rhine, the navigable portions of the bay and those portions
16 adjacent to the shoreline, whether under CITY or COUNTY jurisdiction. In
17 addition, the Upper Bay log -boom, maintained for the purpose of collecting
18 litter, will be cleared of refuse and debris.
19 4. PERFORMANCE
20 a. CITY agrees to provide PROJECT services five (5) days a week on a year
21 round basis. During the summer months of June, July, August and September the
22 service will be available on weekends as needed, to be determined by CITY'S
23 Harbor Resources Manager.
24 b. CITY agrees to collect floating litter and debris, including, but not
25 limited to, cans, bottles, paper, plastic, timbers, poles, trees, dead animals
26 and birds, kelp and other marine growth and construction debris.
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
1 c. CITY agrees to provide all equipment necessary to collect the
2 aforementioned debris and at a minimum shall have an 18 -foot vessel equipped
3 with skimmers and containers sufficient to transport litter and debris to a
4 disposal site.
5 d. CITY agrees to maintain radio communication with the vessel and operator
6 so as to provide communication between the CITY'S Harbor Resources Division
7 and the Orange County Sheriff's Harbor Patrol to facilitate the speedy removal
8 of debris when observed by citizens or jurisdictions responsible for Harbor
9 maintenance.
10 5. EXTRA WORK
11 a. CITY agrees to provide extra work service when hazards to navigation
12 occur due to debris resulting from storm conditions or other intermittent
13 conditions; the CITY will provide manpower to perform extra work as directed
14 by the CITY'S Harbor Resources Manager, or upon request of COUNTY'S Director
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15 of Harbors, Beaches and Parks, Resources and Development Management
16 Department, hereinafter referred to as 'HBP Director ", or designee.
17 b. CITY agrees to employ only properly trained and qualified personnel and
18 supervisory personnel in the discharge of its obligations under this
19 Agreement.
20 6. ADMINISTRATION
21 a. CITY shall have the sole responsibility for administering and obtaining
22 any necessary governmental agency approvals for said PROJECT, including, but
23 not limited to the selection of contractors, management of contractors' work,
24 administration of contracts for compliance with the requirements of all
25 applicable local zoning and building codes and other regulations.
26 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
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PROJECT: Harbor Debris Removal Agreement No. D06 -040
(Job Number - EH21746)
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
Ithe 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
ladjustments to this AGREEMENT, with the concurrence of the CITY, as deemed
necessary in order to advance the purpose of this AGREEMENT, provided that
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PROJECT: Harbor Debris Removal
(Job Number - EH21746)
Agreement No. D06 -040
such action does not in the aggregate exceed the total amount of financial
lassistance 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
lunder 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
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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
land hold COUNTY harmless from any liability imposed for injury (as defined by
Government Code Section 810.8)by reason of anything done or o:!nitted to be done)
lby 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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3
dates opposite their respective signatures:
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
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PROJECT: Harbor Debris 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
IBy:
Deputy County Counsel
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
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