HomeMy WebLinkAboutORANGE COUNTY HARBOR DISTRICT - 2006-07-03 Council/Agency Meeting Held: .i& 2006 JUN 2 1 PH 31
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Council Meeting Date: 7/3/2006 Department ID Number: CS 06-001
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENVA_�EL!36R_ETH�-GRA�, D�, ITY ADMINISTRATOR
PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI
SUBJECT: APPROVE HUNTINGTON HARBOUR MAINTEN C SERVICES
CONTRACT AND FIRST AMENDMENT TO CITY'tSISN�TENANCE
AGREEMENT WITH THE COUNTY OF ORANGE
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The firm of Naut-A-Care Marine Services is being recommended as the
new contractor to maintain the public waterways within Huntington Harbour. Due to an
increase in maintenance costs since the original agreement was approved by the city and the
County of Orange in 1985, it is also necessary to approve an amendment to the cost sharing
section of the original agreement.
Funding Source: General Fund, Beach Maintenance Account, 10045206.69450. Total
annual costs are $77,100 of which $37,500 would be reimbursed by the County of Orange.
Recommended Actions: Motions to:
1. Approve and authorize the Mayor and City Clerk to execute the maintenance services
contract between the City of Huntington Beach and Aqualube, Inc. dba. Naut-A-Care
Marine Services for one harbor cleaning/sweep per week in an amount not to exceed
$77,100 as follows: $62,500 for Category I services, $12,500 for up to 10 days of
emergency maintenance services, and $2,100 for pump-out stations inspections,
(Attachment 1 - Exhibit A, Alternative 1); and
2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to
Huntington Harbour Waterway Maintenance Agreement between the City of Huntington
Beach and the County of Orange specifying the county annual contribution of $37,500.
(Attachment 2).
Alternative Action(s):
1. Approve and authorize the Mayor and City Clerk to execute the maintenance services
contract between the City of Huntington Beach and Aqualube, Inc. dba. Naut-A-Care
Marine Services for two harbor cleanings/sweeps per week in an amount not to exceed
$101,960, as follows: $87,360 for Category I services, $12,500 for up to 10 days of
emergency maintenance services, and $2,100 for pump-out station inspections
(Attachment 1 - Exhibit A, Alternative 2); and
REQUEST FOR ACTION
MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001
2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to
Huntington Harbour Waterway Maintenance Agreement between the City of Huntington
Beach and the County of Orange specifying the county annual contribution of $37,500.
(Attachment 2). NOTE. Orange County agrees to pay 50 percent of one cleaning (not
two cleanings) per month plus emergency maintenance; and
3. Authorize an appropriation of $24,840 for the balance of FY05/06 to Beach Maintenance,
Other Contract Services, Account 10045206.69450 of which $9,300 will be reimbursed by
County of Orange funds; or
4. Do not approve contracts with Aqualube, Inc. dba. Naut-A-Care Marine Services, and/or
the County of Orange, and direct staff accordingly.
Analysis:
Background
The existing vendor has been maintaining the Huntington Harbour public waterways since
the original operating agreement with the County of Orange approved in 1985 (Attachment
3). In accordance with city purchasing procedures, staff solicited new bids. Bidders were
asked to provide estimates in three categories:
Category I Services - locating, collecting, and removing all trash, debris, and other
waterborne materials from all publicly accessible areas (including channels, finger channels,
unoccupied slips, and flood control channel booms) once a week on a regularly scheduled
basis along the route shown in Attachment 4; disposing of all trash, debris, and other
waterborne materials in accordance with all applicable local, state and federal rules, laws and
regulations.
Category II Services— removal of trash, debris, and other waterborne materials that collect at
the Edinger Street flood control channel boom, the Warner Street flood control channel boom
and/or other areas following significant storms within 24 hours written notice by the Beach
Operations Supervisor.
Additional Services - performing an inspection of each marine sewage pump-out station and
proposed dump station per possible new state water quality requirements.
Selection Process
On June 2, 2003, City Council directed that the process for the selection of a maintenance
contractor for Huntington Harbour waterways be forwarded to the Huntington Harbour
Waterways Committee for further review of the request for proposal (RFP). On June 24,
2003, a subcommittee was formed. Following that time, the RFP was reviewed by the
Huntington Harbour Waterways Subcommittee, as well as staff from Community Services,
Administrative Services, and the City Attorney's Office. Letters were also sent to all
Huntington Harbour Homeowners' Associations. In June 2004, Community Services and
Administrative Services staff reconvened with the City Attorney's Office to confirm that all
recommended changes were incorporated into the final RFP (Attachment 5).
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REQUEST FOR ACTION
MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001
On July 9, 2004, the RFP was distributed and posted on the city's web site (Attachment 5). A
bidders conference was held on July 15, 2004. Five bids were received by August 5, 2004
from: Sunset Harbor Maintenance, Busco Constructors, Los Cerritos Wetland Stewards, Inc,
Naut-A-Care Marine Services, and GM Boston. As recommended by Administrative
Services, the proposals would be evaluated based on the following criteria: reasonableness
of cost (35%), knowledge and experience with similar projects (30%), plan & approach
(15%), references (15%), and responsiveness to proposal (5%).
An evaluation team of representatives from Administrative Services, Public Works, and the
County of Orange ranked the proposals based on the above criteria and developed a short
list of three bidders, including Naut-A-Care Marine Services, G.M. Boston, Los Cerritos
Wetland, who were invited to interviews on September 23, 2004. The interview evaluation
criteria consisted of the following categories: grasp of the project (15%), approach and work
plan (25%), qualifications and experience (30%), communication skills (15%), and quality of
presentation (15%). As shown in Attachment 6, Naut-A-Care Marine Services scored
significantly higher on the interview evaluation component of the selection process and is,
therefore, recommended to City Council for approval. Administrative Services also checked
references. A copy of Naut-A-Care's proposal is included as Attachment 7.
Naut-A-Care Marine Services has been in business for over 15 years and worked closely
with the Cities of Newport Beach and Long Beach in helping to maintain their harbors and
marinas. Daniel West, President of Naut-A-Care Marine Services, will be the project
manager and key contact. The term of the contract is three years with a renewal option
available to the city at its discretion.
Level of Services
As described earlier, all bidders were asked to submit their proposals based on three
categories of service. The annual cost of $77,100 included in the recommended action is
based on one harbor cleaning/sweep per week for Category i routine maintenance ($62,500),
$12,500 for up to 10 days of emergency Category II maintenance, plus up to seven pump-out
inspections at$300/pump-out for a total of$2,100.
Should Council desire increased routine Category I waterway maintenance, the alternative
recommendation would total $101,960 and be based on two harbor cleanings/sweeps per
week for Category I routine maintenance ($87,360), $12,500 for 10 days of emergency
Category 11 maintenance, plus seven pump-outs at $2,100. The harbor currently receives
one cleaning per week. NOTE: The Huntington Harbour Waterways Committee asked that
cleanings take place during outgoing tides. The contractor has indicated that he can
schedule the cleanings within the window of time between 7:00 a.m. — 4:00 p.m. to
accommodate this request.
County Participation
As shown in Attachment 2, the County of Orange is agreeing to fund fifty percent (50%) of
the waterway Category i and Category 11 maintenance for only one harbor cleaning/sweep
per week. Should City Council approve Alternative 2 (two sweeps), the additional annual
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6114/2006 9:16 AM
REQUEST FOR ACTION
MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:CS 06-001
cost to the city (over and above the 50/50 cost sharing arrangement) would total $26,960 as
listed below on an ongoing annual basis. There is an additional cost to the city of $2,100 for
performing additional checks of potential future sewage pump stations. A requirement to
check pump-outs to insure that they are in operation has been proposed by the Santa Ana
Regional Water Quality Control Board; therefore, that provision has been included in the
contract. The $2,100 is specifically for this purpose and would not be expended until it
becomes a state requirement.
Costs by Category and City/County Share
#x Additional
Costs
--------------
-$2,100
8f� � � •• • • **$26,960
* 50/50% split between county and city with the exception of pump-out stations inspections.
**County will not pay 50% of additional cost for two sweeps; therefore, city would assume
that extra cost if Council chooses Alternative Action 1.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. • Number No. Description
1. Naut-A-Care Marine Services Contract
2 First Amendment to HH Waterway Maintenance Agreement
3. Original Sunset Harbor Operational Agreement dated Dec. 1985
4. HH Waterways Map F
5_ Request for Proposal dated July 9, 2004
6. Final Interview Rankings
7. Naut-A-Care Marine Services Proposal
8. Fiscal Impact Statement
IV4-tom -/? -d
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6/14/2006 9:16 AM
ATTACHMENT #2
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
January 23, 2007
Submitting gency/Department.• RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT
Approve amended agreement with Huntington Beach for debris removal in Huntington Harbor-District 2
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ❑ (1)VACANT: (2)MOORLACH: Y(3)CAMPBELL: Y(4)NORBY: Y(5)BATES: Y
Vote Key: Y=Yes;N=No;A=Abstain;X=Excused,• B.O.=Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Item No. 29
Special Notes:
Copies sent to:
CEO
RDMD: Rich Adler
RDMD/Accounting: Linda Schorer
1 - 0-7
I certify that the foregoing is a true and correct copy ofthe Minute Order
adopted by the Board of Supervisors,Orange County,State of California.
DARLENE J.BLOOM,Clerk of the Board
By: /lam
Deputy
1
Agenda Item 29
AGENDA STAFF REPORT
ahros-
ASR Con
trol 06-002793
I
MEETING DATE: 01/23/07 I r
LEGAL ENTITY TAKING ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICT(S): 2 o
SUBNIITTING AGENCY/DEPARTMENT: Resources and Development Management bepa�tnent.
(Approved)
DEPARTMENT CONTACT PERSON(S): Andrea Richard 834-4677 ='
Rich Adler 834-6792 F
SUBJECT: First Amendment- Sunset Harbor Operational Agreement c
CEO CONCUR COUNTY COUNSEL REviEw CLERK OF THE BOARD
Concur Approved Agreement to Form Consent Calendar
3 Votes Board Majority
Budgeted: Yes Current Year Cost: $37,500 Annual Cost: $37,500
Staffing Impact: No #of Positions: Sole Source: N/A
Current Fiscal Year Revenue: N/A
Funding Source: HBP Fund 405: 100%
Prior Board Action: N/A
RECOMMENDED ACTION(S)
Approve the First Amendment to the Sunset Harbor Operational Agreement with the City of Huntington
Beach to increase the cost basis for Huntington Harbour debris removal.
SUMMARY:
The Resources and Development Management Department (RDMD) requests approval of the First
Amendment to the Sunset Harbor Operational Agreement with the City of Huntington Beach to increase
the cost basis for Huntington Harbour debris removal.
BACKGROUND INFORMATION:
In 1985 your Board approved the Sunset Harbor Operational Agreement with the City of Huntington
Beach for the administration, maintenance and operation of Huntington Harbour waterways
(Attachment A). The agreement involves the costs of public safety, aids to navigation, harbor lines,
lifeguard services, dredging and debris removal.
The proposed First Amendment to the agreement (Exhibit A) is limited to resetting the cost basis for the
County's fifty percent share of the City's annual costs to remove debris from the waterways. It does not
change any of the other ongoing County or City responsibilities for Huntington Harbour in the agreement.
Page 1
29
The debris removal cost basis was set at$42,000 in the original 1985 agreement. This was the amount the
City was paying a private contractor at that time to do the work. The agreement allows the City to request
annual increases of up to five percent however the City did not request any increase until 26. In 2006,
the City requested an increase in the cost basis rate to $75,000.
The proposed increase to $75,000 exceeds the five percent limit allowed by the agreement. Therefore,the
City requests this amendment to reset the cost basis to $75,000 per year. If approved, the County's
fifty percent share will increase to $37,500. The proposed amendment would not change the maximum
five percent limit on annual increases.
Resources and Development Management Department concluded that the new cost basis is reasonable in
light of the fact that no increases were requested for the past twenty years. Therefore, RDMD
recommends Board approval of the First Amendment to the Sunset Harbor Operational Agreement with
the City of Huntington Beach.
Comnliance with the California Environmental Ouality Act(CEOA)
The recommended action is not a project per Section 15378 (b) (5) of the CEQA Guidelines
(Organizational or administrative activities of governments that will not result in direct or indirect
physical changes in the environment).
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
County Counsel
EXHIBIT(S):
Exhibit A-First Amendment to Sunset Harbor Operational Agreement
ATTACHMENT(S):
Attachment A- Sunset Harbor Operational Agreement
Page 2
First Amendment to Agreement No. D85-144
Sunset Harbor Improvement Area
(Huntington Harbour Waterways)
FIRST AMENDMENT
TO SUNSET HARBOR
OPERATIONAL AGREEMENT
This First Amendment to the Sunset Harbor Operational Agreement ("First Amendment") is
made this r4 day of , 2007 by and between the City of
Huntington Beach, ("CITY") and the County of Orang ("COUNTY").
RECITALS
WHEREAS, CITY and the Orange County Harbor District previously entered into an
agreement D85-144 dated December 3, 1985 ("Operational Agreement"), which defined
respective responsibilities for administration, maintenance and operation of Huntington Harbour
waterways within the COUNTY's Sunset Harbor Improvement Area; and
WHEREAS, by resolution of the Orange County Board of Supervisors dated January 25,
1988, COUNTY has subsumed and is the successor in interest to the Orange County Harbor
District including all right, title and interest in the above mentioned Operational Agreement.
WHEREAS, the CITY and the COUNTY now desire to amend the Operational
Agreement to revise certain definitions therein and amend provisions of the Operational
Agreement related to the COUNTY's contribution for debris removal within the harbor.
NOW, THEREFORE, BE IT RESOLVED, that the CITY and COUNTY hereby agree as
follows:
I. All references in the Operational Agreement to the Environmental Management Agency
("EMA") are hereby replaced and supplanted with the Resources and Development
Management Department ("RDMD").
II. All references in the Operational Agreement to the Director of EMA are hereby replaced
and supplanted by the Director of Harbors, Beaches and Parks of the Resources and
Development Management Department ("Director of HBP").
III. Delete Paragraph VII.C.3 and replace it with the following:
3. The agreement by COUNTY to participate in CITY's debris removal effort shall be
limited to providing assistance funding in accordance with the following schedule and
terms and conditions:
COUNTY Contribution
50% of cost estimate submitted by CITY in accordance with Paragraph VII.C.1
For Fiscal Year 2006-2007, the cost estimate submitted by the CITY is $75,000;
CITY and COUNTY's contribution shall be $37,500 each. Future Fiscal Year
contributions will be limited by the provisions of Paragraph VII.C.2 and contingent
upon the availability of COUNTY funds, which must be appropriated or allocated by
the COUNTY's Board of Supervisors each year.
IV. Except as set forth herein, all other terms and conditions of the Operational Agreement
remain unchanged and are in full force and effect.
IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its
duly authorized representatives as of the date set forth above.
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
BY:
(TITLE) Mayor
ATTEST: INITIATED AND APPROVED:
Y: BY:
(TITLE City Clerk (TITLE Community Services
Director
APPROVED AS TO FORM:
BY:
(TITL City Attorney
APPROVED AS TO FORM
COUNTY COUNSEL
By ::9;� A CGtr-
Dated
SIGNED AND CERTIFIED THAT A COPY OF COUNTY
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD COUNTY OF ORANGE
ATTEST:
f
(bkd
By
Darlene J. Bloom Chairman, Board of Supe rs
Clerk of the Board of Supervisors Dated
Orange County, California
ATTACHMENT #3
,
' a
Ij Agreement No. D85-144
1 SUNSET HARBOR OPERATIONAL AGREEMENT
2 ( WITH CITY OF HUNTINGTON BEACH
3 i THIS AGREEMENT is made and entered into as- of the day of
1985, by and between the City of Huntington Beach, hereinafter referred to as
_4_�
I:
" " L
61
Orange, hereinafter collectively referred to as "DISTRICT."
7I WHEREAS, CITY and DISTRICT have previously entered into agreement dated
g , December 17, 1974, and as amended from time to time, provides for defining of
1 9 � respective responsibilities as regards administration, maintenance and operation of
l;
I.
10Ij Huntington Harbour waterways within DISTRICT's Sunset Harbor Improvement Area; and
11 I a y previously, y ,upon
I WHEREAS, CITY any DISTRICT desire to update and clarify Pt.iousl agreed
121j guidelines for long range administration, maintenance and operation of Huntington
1" Harbour waterways.
o )i
14
I NOW, THEREFORE, CITY and DISTRICT agree as follows:
15I; I. DECEMBER 17, 1974 AGREEMENT TERMINATION
I
16j{ Agreement dated December 17, 1974, as amended (Amendment Nos. 1 through 6) ,
17 11 between CITY and DISTRICT providing for joint administration, maintenance and
1
18 ' operation of Huntington Harbour waterways is hereby terminated.
Ij.
19l; II. PUBLIC SAFETY
20 A. CITY shall have the responsibility and authority for law enforcement
I
21 activity in that portion of Huntington Harbour which lies within the city limit,
22 1 with the following exceptions:
23 1. DISTRICT agrees to, and CITY may, upon notification to DISTRICT,
24 I enforce boating laws, ordinances and regulations of the State, City and County.
25 2. CITY specifically authorizes DISTRICT and DISTRICT through
26 Sheriff's Harbor Patrol Bureau, hereinafter referred to as SHPB, agrees to enforce
27 all those ordinances contained in Title 2, Division 2, Articles 4, 5, 6, 8, and 11
28 of the Codified Ordinances of the County of Orange, California.
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I Agreement No. D85-144
i
l
1 3. In the event CITY's Police Department requests assistance in its
2 1III enforcement operations within Huntington
on Harbourr, SHPB personnel shall render
3 fd to the extent of its authority, and provided such aid does not interfere with
4 c her SHPB responsibilities. In the event that SHPB personnel request aid in its
_-Y shall render aid to imi-e
g ,! extent that such aid does not interfere with other CITY responsibilities.
7 � L 4. SHPB shall promptly notify CITY's Police Department of all observed
8 'reported violation of laws other than boating laws and shall stand by to assist
i I
V the department in its response to such notifications in accordance with Section II,
I
10 11�ragraph A.3 of this Agreement.
11 5. CITY's Police Department shall furnish SHPB with copies of all
i
12 ieportts dealing with property loss and vandalism occurring on harbor waters.
13 � 6. CITY's Police Department shall notify SHPB immediately of any
,I
14 'i uSpected or actual criminal activity, police surveillance, or similar activity
15 cCurring on or adjacent to harbor waters which may affect the safety of SHPB
16 I tsonnel.
I
17 7. CITY's Police Department shall provide SHPB with copies of reports
11 rtaining to property lost or found within Huntington Harbour. SHPB may retain and
19I felease lost property to the owner or as authorized by CITY.
20 8. Where criminal activity is suspected to have occurred within CITY
I
21 ' undaries, the primary responsibility for investigative efforts shall be by the
22 p9lice Department of CITY.
23 1 B. CITY shall have the responsibility and authority for fire protection
24 d medical emergencies in Huntington Harbour, with the following exceptions:
25 1. DISTRICT shall be responsible for provision of fire fighting and
26 iedical aid services on navigable waters within the harbor.
27 2. SHPB shall respond to and attempt to suppress all fires, off-shore
28 Ilong bulkheads, and along the shore in those cases where its equipment can be
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Agreement No. D85-144
1 I utilized. _In the event of fires in boats off-shore, SHPB shall have the
2 responsibility for firefighting operations. CITY shall notify the SHPB of reports
3 I of fires along shores or off-shore.
4 3. CITY shall establish and shall enforce regulations for fire
1
facilities. off-shore
6 boats, enforce those fire prevention regulations which have been established by the
7 ; U.S. Coast Guard, State of California and by DISTRICT. Whenever a water-oriented or
s ) waterfront emergency is reported to the CITY or the SHPB, such as a drowning; heart
9i attack, or other emergency medical situation, that agency shall iir��,ediately notify
10 �i the other agency and both agencies shall respond to and provide aid as necessary in
(; accordance with Section II, Paragraph A.3 of this Agreement.
11 i,
12 ii 4. CITY shall advise SHPB of necessary format and procedures for
13I; making reports.
14H C. Marine Safety is a mutual responsibility of CITY and DISTRICT. Whale
5 � SHPB's primary function includes boating safety within the harbor and CITY's primary
1
I�
16
function includes safety of beach and waterfront use within the CITY limits, both
17ii jurisdictions shall observe the rule of response by the closest and most available
181i personnel and equipment and shall reinforce each other's rescue or prevention
19 �I actions.
20 III. AIDS TO NAVIGATION
21 I A. DISTRICT shall be responsible for the maintenance of all navigational
22 aids in the Huntington Harbour, with the exception of CITY"s bridge lighting, and
23 I Aids to Navigation under the control and responsibility of the U.S. Army Corps of
24 i Engineers or U.S. Coast Guard.
25 IV. HARBOR LINES
26 No modification in harbor lines or navigable channel project limits will be
27 made or recommended to the U.S. Army Corps of Engineers except by joint
28 recommendation of CITY and DISTRICT.
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Agreement No. D85-144 ?
1
1 v. ANCHORAGES, MOORINGS, PIERS, DOCKS, BULKHEADS AND GROINS j
1 -
I A. CITY shall be responsible for administration and issuance of permits
2
3 f Ithe construction of all shore-connected structures (slips and piers) and sea '
j
wa
i
I� is, with the exception of those structures on County or DISTRICT fee property.
4 „
'I
6 'ian�
,for solid fill structures proposed to extend bayward of bulkhead lines shall not
7I permitted without express written approval of DISTRICT.
8 I B. Anchorage and/or mooring areas shall not be established or permitted
90 ';khout express written approval of CITY and DISTRICT.
1011 VI. LIFEGUARD SERVICES
Illy CITY shall have sole responsibility for providing of lifeguard services in
accordance with its standard practices. Above shall not preclude DISTRICT from
12 � '
13 i� r Inclering assistance as provided for in Section II.0 above.
i
14 �i . VII. DEBRIS
15
I! A. CITY shall be responsible for the regulation and control of all. debris
16 l
d icharges originating from land sources within CITY's boundaries and shall respond
17 I t lall complaints.
18
B. CITY shall be responsible for the collection and removal of debris and
19
r fdse, including removal of floating hazards to navigation from all waterways and
20 a ' scent shore areas within CITY's boundaries.
21 C. DISTRICT shall annually participate in CITY's accomplishing Section "B"
22 hlreinabove subject to the following:
23 1. CITY shall annually, prior to January 31, submit to DISTRICT's
D ,� ector, Environmental Management Agency hereinafter referred to as EMA a proposed
241
25 c st estimate detailing CITY's contract, administration and overhead costs, a sample
26 contract(s) and an overall program description required.
27 2. Upon review and approval of submitted items by EMA, or designee,
28 Ilshall request in DISTRICT'S following Fiscal Year budget pro rata share of total
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liAgreement No. D85-144
1 costs as determined pursuant to Clause VII.C.3 hereinbelow, estimated to be incurred
2 I by CITY, subject to DISTRICT'S share of costs annually, not exceeding one hundred
3 I and five percent of the approved budget item for-the previous fiscal year.
4 3. DISTRICT's agreeing to participate in CITY's debris removal effort
shall be limited to providing of assistance funding, and terms and conditions
6 hereinafter, in accordance with the following schedule:
7 FISCAL YEAR % CONTRIBUTION NOT TO EXCEED
1985-86 100€ $42;000
8 � 1986-87 and after 50% (See Clause VII,C./.)
i
9 i VIII. DREDGING
10 A. DISTRICT shall have responsibility for maintenance dredging within
11i� Huntington Harbour main channel for purposes of maintaining channel depths. CITY
I; .
12 shall be responsible for maintenance dredging of all other waterways within
13 i; Huntington Harbour. DISTRICT and CITY in discharging its respective
I�
14 I responsibilities, shall so do at times and locations, and subject to funding
15 �i
; limitation as determined solely by respective CITY and DISTRICT.
16 B. When requested by CITY, DISTRICT may, when so authorized by its Board,
17 act as agent for CITY in dredging of waterways not within DISTRICT's responsibility
I
18 area subject to the following:
19 I 1. Work to be performed by DISTRICT and requested by CITY shall be
20 performed in conjunction with DISTRICT performing its obligation as requested in
21 Section III.A hereinabove.
22 2. EMA shall design and prepare plans, specifications and cost
23I estimate for PROJECT and submit same to CITY for approval.
24 3. EMA shall obtain all necessary permits. CITY agrees to waive fees
25 I for CITY permits.
26 4. COUNTY shall solicit bids and shall award contract only after
27 obtaining written authorization from CITY's Director of Public Works.
28
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Agreement No. D85-144
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II
5. CITY shall reimburse DISTRICT for all costs attributable to
2
�i D STRICT acting as CITY's agent including all reasonable and verified costs, survey,
3 �1 d sAgn, permit, contract, inspection, administration, overhead, and legal costs.
6. DISTRICT shall obtain from CITY's Director of Public Works approval
4 !?
ninq to cons_t.ruct_ion items_-f9r_which.-CITY_is__financiaily-
rsponsible; approval shall not be unreasonably withheld.
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7. CITY shall make monthly progress payments to DISTRICT based upon
7 4bmittal
8j; of invoices.
I
9
8. DISTRICT shall provide a final accounting to Clary on PROJECT within
�i 10 1 0 days of final payment to contractor.
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11 I� IX. TERM
12
This Agreement shall become effective immediately upon execution.
I X. HOLD HARMLESS
13 11,
14 ' CITY agrees to indemnify and hold DISTRICT harmless from anv loss
resulting from work or acts done or omitted. b
I, lability, claim, suit or judgmentg y
15 II
tY in carrying out this Agreement. DISTRICT agrees to indemnify and hold CITY
1611 r,mless from an loss liability, claim, suit or judgment resulting from work or
17 y , Y
18 Its done or omitted by DISTRICT in carrying oat this Agreement. These provisions
19a Iei, included in accordance with Government Code Section 895.4 and are applicable to
20 'I Parties hereto,
21 XI. MODIFICATION
22H This Agreement may be modified, altered, amended, or revoked provided that
23i1 Written instrument containing such modifications, alterations, amendments, or
24 rlivocations be executed by the parties hereto.
25 XII. NOTICES
I
26 Notices or other communications which may be required or provided under the
27 �
ims of this agreement shall be given as follows:
28
Agreement No. D85-144
1 NOTICES TO DISTRICT AND EMA
2 ; DIRECTOR, Orange County Environmental Management Agency, P.O. Box 4048, Santa
I
3 Ana, California, 92702-4048 (Attention: Parks and Recreation) .
4 ; NOTICES TO SUNSET HARBOR PATROL BUREAU
Harbor__Mas_ter,__Sheriff-Coroner_ Harbor Patrol _Bureau, 1901- Bayside Drive,
6 Newport Beach, California, 92662.
i
7 I� NOTICES TO CITY
8 + Director of Community Services, City of Huntington Beach, 2000 Main Street,
9i Huntington Beach, California, 92648.
1oll XIII. GENERAL ADMINISTRATION, OPERATIONS, STANDARDS, AND PROCEDURES
11j! A. As general operating procedures must be constantly updated for maximum.
efficiency, such operating procedures are shown in the attached Appendix "A. " By
12 I
13
mutual consent, the administrators of the affected operating agencies hereby j
141 designated as COUh'TY's Harbor Patrol Bureau Harbor Master and CITY's Chief of i
15fi Police, may modify specific operating procedures and standards outlined in the
16 i' attached Ap
pendix. The affected administrators have the authorization to carry out
1
17 ? this Agreement so long as they are in accordance with the intent of the Agreement.
18 ) B. The Appendix shall not be considered a part of this Agreement, as it is !
1 I
19 subject to administrative modifications.
20
21 `s
22 !
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23 1
24
25
26
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-7- — j
Agreement No. D85-144
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day
--I nd Year first he reinabove written.2
3 Dated: DEC 3 t 1985 DISTRICT
5 By ✓ ',r r
514GNED AND-CERTIFIED THAT A COPY OF DIST
6 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
7
48 LINDA D. ROBERTS 0 E C �98�
9 Clerk of the Board of Supervisors,
actin9 as Governing Board of the
10 Harbors, Beaches and Parks District
ill
11 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
12
13i 7 John R. Griset, Deputy
14
15 Dated: `� / n 1985 CITY OF HUNTINGTON BEACH
a Municipal Corporation
1
1?
By
MAYOR
18
1
ATTEST:
2 " ITY CLERK
21 ✓//
2
2 ✓//
2
2
2
2
RW:khPRO02-6 -8-
8/22/85
APPENDIX "A"
I. LAW ENFORCEMENT - OBJECTIVES
SHPB
o respon u �y sworn an a ne ar or a ro epu ies y at to arrive
at all water-originated (boat or land) law enforcement incidences in Huntington
Harbour within five (5) minutes of notification in 80% of all cases and within ten
(10) minutes of all others.
SHPB, CITY
2. To continuously provide and operate communications receiving and
transmitting equipment as follows:
a: two lines of telephone
b. one channel of radio frequency (45.92)
SHPB, CITY
3. To enforce all laws as prescribed in the Agreement.
4. To perform and report all incidents and activities as prescribed in
Agreement.
SHPB
5. General administration, operations, standards and procedures
A. SHPB will hold all found and unclaimed items for twenty (20) calendar
days. At the end of this period, CITY police department will remove such
property to CITY facilities, where it will be held for identification or
auction. When items are picked up from SHPB by CITY, CITY shall provide an
itemized receipt. Upon the disposal of unclaimed vessels, CITY will pay
Attachment to Agreement
Page 1 of 4
DISTRICT a towing fee as established by the Board of Supervisors of County. In
II addition, CITY will pay DISTRICT the rate established by the County Auditor-
Controller for vessel storage when SHPB stores such vessels after notifying CITY
of availability of vessel for pickup by CITY.
B. Special event permits for water-oriented activity will be administered
- --
y e eri , wi a un a �g-tfiat any such �ivi y tha a a ect
land area adjacent to the navigable waters of Huntington Harbour may require a
permit administered by CITY. Both parties to this agreement agree to
immediately provide copies of said permit to the other party.
CITY
6. To respond by land vehicle, one and preferably two, sworn police officers
nd arrive at the closest land boarding point to all water-oriented (boat and land)
law enforcement incidents within five (5) minutes of 80% of all cases and ten (10)
inutes of all others.
I FIRE PROTECTION AND MEDICAL AID - OBJECTIVES
SHPB
1. To respond with one, and preferably two, fully trained firefighting and
� eirgency first aid personnel (preferably EMT-1) by boat and arrive at all water-
riented boat or structure fires or medical aid incidents within five (5) minutes of
tification in 80% of all incidents and within ten (10) minutes of all others.
iI I
CITY
2. To respond a standard fire department assignment by land arrive at the
psest and boarding point to all water-oriented (boat or structure) firefighting
rlmedical aid incidents within five (5) minutes of notification in 90% of all
ncidents and ten (10) minutes in all others.
I
Attachment to Agreement
Page 2 of 4
SHPB
3. To continuously provide and operate boat communications receiving and
transmitting equipment as follows:
a. one channel of radio (frequency 45.06)
- b one channel of radio (46.42-future)
c. one channel of radio (46.2A)
SHPB
4. To monitor land-base communications equipment as follows:
a. one fire vocal alarm
b. one fire radio (quick call)
c. one fire telephone
CITY
5. To provide for the following communications equipment at the DISTRICT
facility in Sunset Aquatic Park:
a. on vocal alarm
b. one quick call fire radio
c. one fire telephone
d..- one fire alarm/police call box
SHPB
6. To maintain and operate a fire boat with standard equipment as provided by
DISTRICT.
Attachment to Agreement
Page 3 of 4
DISTRICT, CITY
7. To follow standard firefighting and medical aid procedures.
� I CITY
8. CITY shall provide firefighting training for all assigned fire boat
etsonnel.
9. To report all incidents and perform all activities as included in the
g,reement.
II,I
Rw:rmPRO02-7 Attachment to Agreement
7I1/12/85 Page 4 of 4
mi, >� CITY OF HUNTINGTON BEACH
o 2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
(714)536-5486
July 12, 2006
Mr. Kevin Thomas, Manager
Orange County Harbors, Beaches & Parks
Public Facilities & Resources Department
300 N. Flower Street, 41h Floor
Santa Ana, CA 92703-5000
Dear Mr. Thomas:
Re: First Amendment to Huntington Harbour Waterway
Maintenance Agreement
Attached is the First Amendment to Huntington Harbour Waterway
Maintenance Agreement, which was approved by the Huntington Beach
City Council at its July 3, 2006 meeting. The agreement is being
submitted for action by the County Board of Supervisors. Once
executed, please return a copy of the agreement to this office, along
with the County's contribution of $37,500 for FY06/07.
Your support and continued relationship with the City of Huntington
Beach are sincerely appreciated.
Sincerely,
J B. ENOLE
i rector
Community Services
J BE:cr
Attachment
cc: City Clerk; City Treasurer
A Quality Life Through Educadon, Recreation and Culture
Esparza, Patty
From: Robinson, Cheryl
Sent: Tuesday, July 11, 2006 2:34 PM
To: Esparza, Patty
Subject: RE: Huntington Harbour Waterway Maintenance Agreement with County
We'd be happy to send that one off as well if you'd like. It goes to Kevin Thomas,
Director, County of Orange, Harbors, Beaches & Parks, 300 North Flower, Santa Ana, CA
92702.
�inal Message
From: Espa`r2a;Pan- _ . . . ..,
Sent: Tuesday,3uly 11,2006 1:34 PM
To: Robinson,Cheryl
Subject: Huntington Harbour Waterway Maintenance Agreement with County
Hi Cheryl- I have the above agreement executed by Joan and Mayor Sullivan. It appears it should be sent to the
Orange County Harbor District @ the County of Orange. Do you have the correct address, and is there anyone's
attention it should be sent to? I just hate to send it without a specific contact-these things tend to float around for
awhile before they land on the right desk. Thanks!
Sincerely,
Patty Esparza
Acting Senior Deputy City Clerk
(714) 536-5260
1