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HomeMy WebLinkAbout03 - Vessel Pumpout Operation & MaintenanceWIN � • i .I r ..� •, Agenda Item No. 3 July 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Shannon Levin, Harbor Resources Supervisor APPROVED:.0 TITLE: Resolution supporting a grant application to the Department of Boating and Waterways for Vessel Pumpout Operation and Maintenance ABSTRACT: Staff is planning to submit a grant application to the Department of Boating and Waterways (DBAW) for reimbursement of operation and maintenance costs associated with pumpout facilities maintenance. The application requires the City Council to adopt a Resolution endorsing the grant application. RECOMMENDATION: Adopt the attached Resolution authorizing and supporting submittal of an application to the Department of Boating and Waterways for grant funds for the Operation and Maintenance of the Vessel Pumpouts. FUNDING REQUIREMENTS: If approved, the DBAW grant will provide $7,000 for the installation and maintenance of vessel pumpout facilities in the City Newport Beach in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85). The grant requires that grant monies shall not exceed seventy -five percent (75 %) of the allowable project costs and the City shall contribute the remaining twenty -five percent (25 %). The Public Works Department allocated $12,000 in the FY11 -12 budget, account 5060- 8080, for pumpout maintenance. DISCUSSION: Staff is planning to apply for grant funding under the Department of Boating and Waterways Clean Vessel Act. The grant will provide for the reimbursement of up to $7,000 of costs associated with the maintenance and operation of a publicly accessible vessel pumpout facility. Resolution supporting a grant application to the Department of Boating and Waterways for Vessel Pumpout Operation and Maintenance July 26, 2011 Page 2 The City of Newport Beach operates and maintains five publicly available vessel pumpout facilities throughout the Harbor. The pumpouts are available free of charge to the boating public 24 hours a day, every day. The accessibility of the public pumpouts encourages clean boating and improved water quality in Newport Harbor. The frequent use of these public pumpouts increases maintenance and subsequent costs for the City. If awarded these grant monies, the City may have enough funding to replace an existing pumpout with a new unit, or provide increased maintenance to insure continued proper operation of existing pumpouts. A Resolution adopted by City Council must be submitted with the grant agreement. The Resolution must state that: 1. The City desires to operate and maintain the pumpouts in Newport Harbor to meet the needs of boaters and to provide public access to the facilities; and 2. The City is willing to enter into an agreement to provide for the operation and maintenance of the pumpout facilities; ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, any undergrounding project funded by the acquired Rule 20A funds will be subject to environmental review. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Stephen G. Badum Public Works Director Attachments: A. Resolution for the Vessel Pumpout Operation and Maintenance Grant B. Department of Boating and Waterways Vessel Pumpout Facility Agreement C. Photo — Pumpout Station D. Map — Pumpout Stations and Public Piers Attachment A RESOLUTION NO. 2011-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING A GRANT FOR THE OPERATION AND MAINTENANCE OF THE PUBLIC PUMPOUT FACILITIES FROM THE DEPARTMENT OF BOATING AND WATERWAYS WHEREAS, the City of Newport Beach is desirous of operating and maintaining the public vessel pumpout facilities in Newport Harbor to meet the needs of the boaters and to provide public access to these facilities; and WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the operation and maintenance of public pumpout facilities; and WHEREAS, the City of Newport Beach is willing to enter into an agreement to provide for the operation and maintenance of the proposed facilities; NOW, THEREFORE, the City Council of the City of Newport Beach by adoption of this resolution hereby requests that the Department of Boating and Waterways provide a Clean Vessel Act Grant for the operation and maintenance of public pumpout facilities in Newport Harbor; and BE IT FURTHER RESOLVED that the City of Newport Beach agrees to accept the grant and hereby authorizes the signature of the grant agreement and accept the grant for the purposes stated above. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted at a Regular Meeting of the City Council of the City of Newport Beach on this 26th of July, 2011. 3-TAM City Clerk Attachment B STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06!03) 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENM KMS DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT) CONTRACTORS NA.IaE /D /,& 7 ;7/ REGISTRATION NUMBER City of Newport Beach (GRANTEE) 2 The term of this Agreement is: Shall begin on the Effective Date and continue for Seven (7) year's from the effective date of this agreement. 3. The maxhnutll amount $ 7,000.00 of this Agreement is: SEVEN 7'FIOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference, made a part of the Agreement. Location: Newport Beach Pumpout Dock —CVA Exhibit A — Vessel Pumpout Facility Installation Contract 4 pages Exhibit B — Vessel Pumpout Facility Installation Contract Standard Terns and Conditions 4 pages Exhibit C * — General Terms and Conditions GfC 610 Exhibit D —Clean Vessel Act Grant Application 9 pages Contractor Certification Clauses CCC 307 Items shown with an Asterisk(). are hereby incorporated by reference and made part of this agreement as if attached herein. These documents can be viewed at u'm•w.ols.des.ca.eovt Standard e.62OLm!euaeddefault.htm IN WITNESS WHLREOF, this A, ment has been executed by the CONTRACTOR CONTRACTOR'S NAME ;,fother 0. m, individual. emrc W vha a rorporxim. patio,,, :tp, em; CITY OF NEWPORT BIsACH S PRATED NAAni AND 11-ME 01: PERSON SIGNING 329 Harbor Island Drive Newport Beach, CA 92660 hereto. STATE OF CALIFORNIA 11 DEPARTMENT OF BOA'T'ING AND WATERWAYS BY tann,ort- edslenanrcet I DATE PRINTED NANIE AND TITLE OF PIiRSU� S!(!N!NG LUCIA C. BECERRA, Acting Director ADDRESS 2000 EVERGREEN STREET, SUITE 100 California Deparmmnt of General .Services Use Only ❑ Exempt per: EXHIBIT A VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT REIMBURSEMENT CITY OF NEWPORT BEACH 1. PARTIES The parties to this Agreement are as follows: (a) DEPARTMENT: The Department of Boating and Waterways (b) GRANTEE: City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 2. GRANT (a) The DEPARTMENT hereby grants up to SEVEN THOUSAND DOLLARS ($7,000.00), to the GRANTEE, for installation of vessel pumpout facilities at the City of Newport Beach in compliance with the regulations of the Clean Vessel Act (50 CFR Pate 85). (b) The grant shall not exceed SEVENTY FIVE PERCENT (75 %) of the allowable project costs. The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25 %). (c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616]. (d) The project work shall be in accordance with the approved Clean Vessel Act Grant Application, attached as Exhibit D. which is made part of this Agreement. (e) This GRANT is subject to the terms and conditions in Appendix A of Exhibit D, as well as those in Exhibits B and C of this Agreement. 3. PROJECT COMPLETION DATE The GRANTEE- shall complete the installation of the vessel pumpout facility (such installation as described in the Clean Vessel Act Grant Application dated March 8, 2011, and hereinafter referred to as PROJECT) no later than March 8, 2012. 4. TERtM OF CONTRACT (a) The term of this CONTRACT, subject to the provisions for In termination, shall begin on the effective date of the CONTRACT and shall continue for SEVEN (7) years from acceptance of the PROJECI' by the DEPARTMENT. (b) This CONTRACT may be extended, amended or canceled upon agreement of both the Revision 3!1!10 1 CVA — Exhibit A DEPARTMENT and the GRANTEE. 5. USER FEES EXHIBIT A The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT; however, such fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel pumpout facility. The GRANTEE may not charge a total fee in excess of $5.00 for the use of the pumpout facilities constructed without prior written approval of the Department. The $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993 (436.8) as the base for any such adjustment. 6. SPECIAL PROVISIONS (a) 1. The pumpout facilities constructed under this grant shall be operated, maintained, and be open and available to the public for the full term of this CONTRACT. 2. Operation of the pumpout facilities shall be available during normal business hours per day and shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems or other means. 3. The pumpout facilities constructed under this grant shall be equipped with an hour meter to record its usage. 4. All pump out systems shall be provided with a wireless, real time monitoring, data collection and reporting system. The monitoring system shall be factory installed by the pumpout manufacturer. The monitoring system shall be a (1) NlarineSync [(888) 988 -SYNC (7962)], Model MS I - Plug & Play Package w /2- Year Data Plan (p /n MSO101.002); (2) PumpWatcher Co. [(727) 641 -1936] Monitoring System #PW -RS I w/2 -Year Data Plan or approved equal. 5. The Grantee shall maintain the monitoring system and data plan for full term of this contract. The Department shall also be provided troll access to the data collected by the monitoring system. (b) The grant recipient shall construct and install signage that shall: Indicate the presence of a vessel puntpout facility (State supplied sign); 2. Acknowledge that the facility was constructed or improved with hinds from the Clean Vessel Act. The suggested language shall be "This facility was funded under the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels" (State supplied sign). Revision MAO 2 CVA- 6xhihilA EXHIBIT A 3. Provide appropriate information at the pumpout station that indicates fees, restrictions, operation instructions, and a contact name and number if the facility is inoperable. 4. Provide notice on the punrpout facility that identifies the local city, county, local public health officer, or boating law enforcement officer responsible for enforcing the pumpout regulations in the local area. (c) Operation and Maintenance of Project 1. Because the Department has invested public funds in your marina for the pumpout facilities, the Department has a vested interest in their success. As a condition of the grant funds the Grantee is therefore responsible to ensure that the pumpout facilities are operated and maintained in a manner that will prevent discharge of any sewage to the waters of the State, shall be mabitained in good working order, and shall be regularly cleaned for the term of this contract. 2. The Department shall not be liable for any costs of maintenance, management, control of operation of the Project Area. 3. The Department and its agents may, at any and all reasonable times during the term of this contract, enter the Project Area for purposes of inspecting the pumpout facilities to determine if the facility is being maintained according to the terns of this contract and the Recommended Minimum Maintenance Guidelines listed below. 4. Failure to maintain the facility accordin, to this section is a breech of this contract and may subject the Grantee to Termination of this contract. 5. The Department and its agents may, at any and all reasonable times during the tern of this contract, enter the Project Area and install upon the pumpout equipment a monitoring device to record the operation and reliability of the pumpout equipment installed under this grant. 6. The Grantee shall at a minimum maintain the pumpout facility in accordance with the guidelines below. Recommended Minimum Maintenance Guidelines: Revision S11!10 3 Cb'A 1:xNbitA EXHIBIT A 1. On a daily basis inspect the pumpout facility for cleanliness, suction hose and nozzle conditions, discharge pipe condition, and general pump operating condition. Perform cleanup /maintenance as required. 2. As recommended by the equipment manufacturer perform preventative maintenance per recommended schedule. 3. Grantee should complete all repairs within 72 hrs of identifying a pumpout facility need. (d) Upon expiration of the CONTRACT, all improvements made by the GRANT shall become property of the GRANTEE. (e) GRANTEE shall each year provide information about the use and reliability of the vessel pumpout facility in the form of a post - implementation evaluation report (PIER) provided by the Department and shall transmit the results of the PIER to the DEPARTMENT no more than 30 days after receipt of the PIER. (f) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses herein, first -class postage fully prepaid thereon. 7. PROJECT CONTACTS DEPARTMENT Contact: Kevin Atkinson California Department of Boating & Waterways 2000 Evergreen Street, Suite 100 Sacramento, California 95815 phone:916- 263 -8149 fax: 916-263-0648 email: katkinsonQdbw.ca.eov GRANTEE Contact: Shannon Levin City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 phone: (949) 644-3041 fax: (949)723 -0589 Either party may make changes to the information above by giving ten (10) days written notice to the other party. Said changes shall not require att amendment to this agreement. End Revision VIM 4 CVA — Exhibit A EXHIBIT B VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE I- A. ALLOWABLE PROJECT COSTS means those permitting, planning, management, signage, labor, design, material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT as eligible grant activities; such PROJECT COSTS shall not include any expenses incurred prior to the effective date of this CONTRACT nor any expenses incurred for ineligible activities. B. CONTRACT means the contract to which these standard terns and conditions are appended. C. DEPARTMENT means the Department of Boating and Waterways. D. EFFECTIVE DATE means either the start date or the approval date by the Department of General Services, whichever is later. No work shall commence until the effective date. E. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75 and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part of the PROJECT COSTS. F. GRANTEE means the person or entity identified in Exhibit A as the GRANTEE. G. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have full and reasonable access to the pumpouUdump station for the purpose of sewage disposal. Fees shall be equal for all pumpout users at a facility open and available to the public. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. H. PROJECT means the Clean Vessel Act Grant proposal submitted by the GRANTEE to the DEPARTMENT and attached and made part of the CONTRACT" as Exhibit D. PROJECT AREA means the area delineated in Exhibit D within which the PROJECT will be undertaken. ARTICLE 11— CONSTRUCTION OF PROJECT A. All contracts for construction of the PROJECT shall: 1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding. 2. Contain the following clause: 'Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." 3. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. Revision 2W110 1 CVA 6xhibnn EXHIBIT B 4. Contain a clause that requires the contractors to ensure the structural integrity and safety of the PROJECT. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. ARTICLE 111 - DISBURSEMENT OF GRANT A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover construction costs unless and until the GRANTEE demonstrates that it has acquired permits necessary to construct and operate the PROJECT. GRANTEE shall acquire advance written acceptance of the completed project from the DEPARTMENT prior to any disbursement of funds. C. The GRANTEE shall request final payment in writing under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. D. Grantee shall account for all project costs expended under this grant as required by the DEPARTMENT. Prior to disbursement of funds, GRANTEE shall provide DEPARTMENT with a final summary of the project costs. E. The DEPARTMENT may withhold any payment of GRANT fonds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. ARTICLE IV- LIABILITY A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT. B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arishtg out of the acquisition, design, construction, operation, maintenance, existence or failure of the PROJECT. C. If the DEPARTMENT is named as a co- defendant, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. . ARTICLE V - WAIVER OF RIGI ITS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a Revision 219110 7 C VA — Exhibit t3 EXHIBIT B default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE VI - REMEDIES NOT EXCLUSIVE The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE VII - OPINIIONS AND DETERMINATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terns are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE VIII — ASSIGNIMENT. SALE, OR TRANSFER A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as the DEPARTMENT may impose. B. GRANTEE shall require, as a condition of assignment, sale or transfer of the property on which the PROTECT is constructed, the assignee, purchaser or transferee of the property to assume, in writing, in such manner as shall be satisfactory to the DEPARTMENT, the obligations of this CONTRACT. Failure to comply with this provision shall constitute a default pursuant to ARTICLE XII B of Exhibit B of this CONTRACT ARTICLE LX - SUCCESSORS AND ASSIGNS OBLIGATED This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE X - PRIOR TERMINATION The CONTRACT shall terminate on the date specified in EXHIBIT A; Paragraph 3 of this CONTRACT' if (1) the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by such date, or (2) if no disbursement by the DEPARTMENT of GRANT funds occurs by such date. ARTICLE XI - AUDIT In addition to the audit requirements specified in Exhibit C -4, GRANTEE understands and agrees that, as a recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal law, regulations or policy, such as the Single Audit Act and the reporting requirements set forth in OMB Circular A -135. ARTICLE X11 — TERMINATION A. TERMINATION FORCONVENIENCF The DEPARTMENT may terminate this CONTRACT at any time for the convenience of the State upon TIIIRT)' (30) days prior written notice, delivered by Revision 214/10 3 C V A— Gsbibk B EXHIBIT B certified mail or in person to GRANTEE. Upon notice of such termination, GRANTEE shall, within 30 days, return by check payable to the DEPARTMENT all Unexpended grant funds not previously approved for expenditure by the DEPARTMENT. 2. GRANTEE may terminate this CONTRACT at any time upon THIRTY (30) days prior written notice, delivered by certified mail or in person to the DEPARTMENT, provided, however, that upon any such termination of the CONTRACT, GRANTEE shall, within thirty (30) days of such termination, reimburse by check payable to the DEPARTMENT all funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as detennined by the DEPARTMENT. B. TERMINATION FOR DEFAULT The DEPARTMENT may at any time upon NINETY (90) days prior written notice of default, and, when applicable, after having afforded GRANTEE an opportunity to cure any breach pursuant to ARTICLE VII, terminate this CONTRACT if the GRANTEE has failed to abide by any applicable provision of this CONTRACT. In such case, GRANTEE shall, within NNETY (90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as determined by the DEPARTMENT. ARTICLE XIIf WAIVERS No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any written waiver on the part of any party of any right, power or privilege hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. A written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of the same kind ARTICLE XIV DISPUTE RESOLUTION Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable period of time by the GRANTEE and DEPARTMENT representatives normally responsible for the administration of this CONTRACT shall be brought to the attention of the Director of the DEPARTMENT or his designee. At the request of either pity, the DEPARTMENT shall provide a forum for the discussion of the disputed matter(s). If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this CONTRACT in a court of competent jurisdiction ARTICLE XV WAIVER OF THL S'T'ATUTE OF LIMITATIONS GRANTEE waives the benefit of any limitations affected its liability hereunder or the enforcement thereof to the extent permitted by law. ARTICLE XVl NO'T'ICES Notices required between the parties shall be deemed to have been given when trailed to the respective addresses herein, first -class postage fully prepaid thereon, unless otherwise required by law. ARTICLE XVII — COMPLIANCE WITH FEDERAL REQUIREMENTS Revision 2 /4/10 4 CVA Ezliibiln EXHIBIT B GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth. Revision 2/4/10 S CVA — Bxhibi1. 11 Attachment C Photo — Pumpout Station Attachment D Map — Pumpout Stations and Public Piers Public Pump Out stations k Public Piers in Newport Harbor Y r �a9owarws 11YaaY11M 5.88 3.�811881Y SWU�Yas• 111r.1W aub ar�Ya .n.rwarler9q 4198 S.BY9/C9 a198 • 11ab1bY tOrw 1.118VMYM8 r.(¢I/w awas aFrir. �;t� as.rra amlpa.wa w: 5 0 035 0.5 NYe1