HomeMy WebLinkAbout24 - Cooperative Agreement with the County of Orange for Mooring Management Services in Newport HarborPO CITY OF
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City Council Staff Report
November 24, 2015
Agenda Item No. 24
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Shannon Levin, Harbor Analyst
PHONE: 949-644-3041
TITLE: Cooperative Agreement with the County of Orange for Mooring
Management Services in Newport Harbor
ABSTRACT:
On June 9, 2015, the City of Newport Beach and the County of Orange (County)
entered into a short term, six-month cooperative agreement for the Orange County
Sheriff's Department, Harbor Patrol (Harbor Patrol) to manage the moorings on City
Tidelands. In July 2015, a Request for Proposals was issued to both private and public
entities for a longer term mooring management contract. As a result, staff recommends
the City enter into a new long-term agreement with the County of Orange for mooring
management.
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement
with the County of Orange for Mooring Management in Newport Harbor for five (5)
years.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this agreement. It will be
expensed to the Professional Technical account in the Harbor Resources Division of the
Public Works Department, 10080802-811029 for $152,495.82 for the six-month period
from January to June. Future budgets will be adjusted to provide necessary
compensation.
DISCUSSION:
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Cooperative Agreement with the County of Orange for
Mooring Management Services in Newport Harbor
November 24, 2015
Page 2
The purpose of the mooring management services agreement is to establish and define
the responsibilities of the City and a mooring management services provider for the
mooring of vessels over City Tidelands. Currently, the City permits approximately 1,229
public moorings (consisting of 439 onshore moorings and 790 offshore moorings) with
the County permitting approximately twenty-five (25) offshore moorings over County
Tidelands. On February 21, 1989, the City and County entered into a Joint Powers
Agreement for mooring management services to be performed by the County Harbor
Patrol. This agreement was amended several times until it expired on December 31,
2008, when the rate was approximately $110,000 per year. In 2009, the agreement was
extended through that calendar year for $110,000 per year. However, in mid -2009, the
County submitted a proposal for a new five-year contract for $264,000 per year,
representing an increase of $154,000 per year. Because of this significant increase in
cost, the City determined it should explore the market for mooring management
services and solicited proposals from both private and public entities. Ultimately, the
City Council decided to enter into a new cooperative agreement with the County again,
although their rates were higher than other entities.
The 2010 Cooperative Agreement (5 -year term) expired in June 2015. This agreement
is renewable for up to twenty (20) years for terms of no more than five (5) years each by
mutual agreement. The County's charges to the City for the previous five (5) years have
been:
FY 2010-11 $180,000
FY 2011-12 $207,500
FY 2012-13 $235,000
FY 2013-14 $262,500
FY 2014-15 $290,000
On April 17, 2015, the County submitted a proposal for the next 5 -year amendment.
After reviewing the proposal and costs, staff requested the County review their proposal
and associated cost and resubmit with an emphasis on price reduction. On May 15,
2015, the County submitted a revised proposed fee schedule.
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April 17, 2015
Proposal No. 1
May 15, 2015
Proposal 2
FY 2015-16
$375,330
$316,100
FY 2016-17
$387,100
$336,647
FY 2017-18
$398,507
$358,529
FY 2018-19
$409,414
$381,833
FY 2019-20
$419,414
$404,622
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Cooperative Agreement with the County of Orange for
Mooring Management Services in Newport Harbor
November 24, 2015
Page 3
Due to this proposed significant increase in cost, staff recommended the City enter into
a 6 -month amendment with the County for mooring management services, and at the
same time, solicit proposals from both private and public entities for the same services.
In July 2015, the City issued a Request for Proposals for mooring management. On July
30, 2015, staff held a pre -proposal meeting, and four (4) interested parties attended.
Proposals were due to the City on August 14, 2015. Proposals from two (2) entities
were received including Open Ocean and the Harbor Patrol.
A panel of five (5) persons (three (3) City staff, a Harbor Commissioner, and a Newport
Mooring Association Board Member) independently reviewed the two (2) proposals. The
panel determined that Open Ocean did not submit a complete proposal and did not
have sufficient experience or understanding of the Scope of Services. The County
Harbor Patrol submitted a thorough and detailed proposal addressing each condition,
and provided an extensive list of references.
In September 2015, staff met with Harbor Patrol to review the contents of their proposal.
Staff overemphasized the requirement to fulfill all tasks within the Scope of Services
with specific attention to dye testing vessels to verify a closed marine sanitation system,
insurance verification for renters and permittees, and enforcement of derelict and
nuisance provisions. The County agreed to the refined Scope of Services. Additionally,
regular audit inspections/submittals were inserted to allow the City to investigate and
verify the contract provisions.
Included in the County's proposal was the following five (5) year fee schedule:
Summary of Billing Rates January 2016 -December 2020
FY 2015-16
$152,495.82 (January -June)
FY 2016-17
$309,404.88
FY 2017-18
$317,874.78
FY 2018-19
$325,761.42
FY 2019-20
$331,520.10
FY 2020-21
$166,724.40 (July -December)
Over the next five (5) years, the revised rates from the competitive RFP process yield
savings of nearly $400,000 and $200,000 from the previous April and May County
proposals.
With an emphasis on performance, new audit requirements, and the cost for services,
staff recommends City Council approve a new Cooperative Agreement with the County
of Orange Harbor Patrol for Mooring Management Services in Newport Harbor in
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Cooperative Agreement with the County of Orange for
Mooring Management Services in Newport Harbor
November 24, 2015
Page 4
substantially the same form as provided (Attachment A). Should the City Council
approve this Cooperative Agreement, the County Board of Supervisors will consider the
Agreement's approval at either their December 8, 2015 or December 15, 2015
meetings.
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.
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).
ATTACHMENT:
Attachment A — Cooperative Agreement with the County for Mooring Management
Services in Newport Harbor
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ATTACHMENT A
Agreement No. OCP
Newport Harbor Mooring Management
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, 2010 ("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."
RFrITAI S
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
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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. OCP10-010, 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
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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
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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°/x) 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 (1112) of the applicable
County of Orange Cooperative Agreement for Mooring Management Services Page 4
ME
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 001100
($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 Manage"), and County designates its Sheriff's
Department Marine Operations Bureau Commander as its Project Manager ("County
Project Manager").
11. INDEMNIFICATION
County. 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
24-9
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
24-10
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
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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
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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:
Edward D. Selich
Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
Date: l i I Z I S
By: )
Aaron C. Harp
City Attorney
County of Orange Cooperative Agreement for Mooring Management Services Page 9
24-13
APPROVED AS TO FORM
Office of the County Counsel
County of Orange, California
By:
Deputy
Dated:
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
Attest:
0
Robin Stieler
Clerk of the Board of Supervisors
County of Orange, California
COUNTY
County of Orange
0
Chair of the Board of Supervisors
County of Orange, California
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
21
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EXHIBIT A
SCOPE OF SERVICES
County of Orange Cooperative Agreement for Mooring Management Services Page A-1
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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
1. 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.
2. Document current mooring location and coordinate with City staff to record
locations. Maintain and update visual mooring field map.
3. 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
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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
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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
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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
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EXHIBIT B
SCHEDULE OF BILLING RATES
County of Orange Cooperative Agreement for Mooring Management Services Page B-9
24-20
COUNTY OF ORANGE
SHERIFF -CORONER DEPARTMENT
RFP -NO. 16-03
MOORING ADMINISTRATION SERVICES AGREEMENT
COST RECOVERY SUMMARY
FOR PERIOD 1/1/16 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
24-21
24-22
COUNTY OF ORANGE SHERIFF'S DEPARTMENT
RFP -NO 16-03
MOORING ADMINISTRATION
SERVICES AGREEMENT
COST DETAIL
FOR PERIOD
111/16 THRU 12/31/20
SERVICE
ANNUAL
RECOVERY
CY 2016
RECOVERY
CY 2017
RECOVER CY 2018
PROVIDED BY
HOURS
RATE
TOTAL COST
RATE
TOTAL COST
Y RATE TOTAL COST
Office Technician
2,036.91
$42.05
$ 85,652.07
$43.67
88,951.86
$45.24 $ 92,149.81
Radio Dispatcher
244.00
$64.11
15,642.84
$66.20
16,152.60
$68.22 16,645.68
Deputy Sheriff 11
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
$ 313,818.16
$ 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
$47.37
$ 96,488.43
Radio Dispatcher
244.00
$70.12
$ 17,109.28
$71.02
$ 17,328.88
Deputy Sheriff II
1,382.02
$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
$ 329,591.38
$ 333,448.77
13B
8/13/2015
24-22
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 2016-203.7
7/1/2016 thru 12/31/2016
$152,495.82
$349,404.88
1/1/2017 thru 6/30/2017
$156,909.06
FY2017-2018
7/1/2017 thru 12/31/2017 $1.56,909.06
$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
24-23