Loading...
HomeMy WebLinkAboutWest Orange County Water Board (WOCWB) - 1999-06-21• CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: e- A 7, I` l 9 TO: YVCsL Oreme C droll b).gfeoe--) &ya.rk ATTENTION: Byardaa ,j)l►'e�-�o,rS Name c>?000 ri]G ; rI 6 Z� - DEPARTMENT: rStre t RR vn H/t C. 7a J 16ea e-% . , t- 92-(0 REGARDING: ro i fro �Fae W %'7^r ex-s City, State, Zip See Attached Action Agenda Item Date of Approval `J Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement V/ Bonds RCA Deed CC: cNV 6 e Department RCA le /0 // /3 Nam Dep t t �� RCA , Na/me Department RCA Yi9r )I&L Insurance Other Agreement es Insurance Other Agreement / Insurance Other Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr (Telephone: 714-536-5227 ) A l I 2�EA"si.ey— Pk14 �19199 ,Diu.s - W aree� �t8or✓- GJ�rre� Council/Agency Meeting Held: tred/Continued to: proved ❑ Conditionally Approved ❑ Denied 4e'ovrClerk's Si( Council Meeting Date: June 21, 1999 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORAd boo. F6 W-98/99-9 PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVAL OF AGREEMENT FOR GENERAL MANAGEMENT, ENGINEERING, SECRETARIAL AND FISCAL AGENT SERVICES BETWEEN THE WEST ORANGE COUNTY WATER BOARD AND THE CITY OF HUNTINGTON BEACH Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In January of 1997, after soliciting proposals for the services of General Manager/Engineer and Secretary to the Board, the West Orange County Water Board of Directors (WOCWB) selected the City of Huntington Beach as the contractual General Manager/Engineer/Secretary. WOCWB subsequently renewed this contract for the last fiscal year. At its December 15, 1998, regular meeting, the Board elected to again extend its contract with the City for these services. The new contract agreement must now be approved by the City Council before the Board may take a similar action at its next regular meeting. Funding Source: Labor, materials and supplies will be initially funded from the Water Division Expense Budget for the General Manager/Engineer/Secretary portion of the contract and from the Administrative Services expense budget for the Fiscal Agent duties. All expenses plus overhead will be billed to the WOCWB and when paid, returned to the City as revenue. Recommended Action: Motion to: Authorize the Mayor and City Clerk to execute the attached Agreement for General Management, Engineering, Secretarial and Fiscal Agent Services. Alternative Action(s): Do not approve the contract agreement and advise staff on how to proceed. �,b REQUEST FOR ACTION MEETING DATE: June 21, 1999 DEPARTMENT ID NUMBER: W-98/99-9 Analysis: The West Orange County Water Board (WOCWB) Joint Powers Agency was formed between the Cities of Huntington Beach, Garden Grove, Westminster and Seal Beach in the 1950's. The Board owns and operates two large diameter transmission mains, each of which is approximately seven miles in length. Water is purchased from the Municipal Water District of Orange County through two connections to the West Orange County Feeder of the Metropolitan Water District of Southern California. Water purchased is sold to WOCWB member agencies at cost. The member agencies provide the necessary funding for their respective share of operations and maintenance costs to the Board through annual budgeting procedures. The City of Huntington Beach owns 56.1 % of the WOCWB facilities and is currently Fiscal Agent and Contractor of Operations and Maintenance. The two City Council Members who represent the City of Huntington Beach on the Board of Directors are Mayor Peter Green and Mayor Pro Tempore David Garofalo. In 1996, the previous General Manager/Engineer of WOCWB went out of business in Orange County. Until a successor could be found, the Board appointed the City of Huntington Beach as the Acting General Manager/Engineer and requested proposals from its member agencies as well as outside engineering firms for General Management, Engineering and Secretarial Services. The City's Public Works Department, Water Operations Division, submitted a proposal on May 10, 1996, and was selected as the new contractual General Manager/Engineer/Secretary. This contract was renewed and the duties of Fiscal Agent formalized in April of 1998. The new agreement presented to the City Council adds the duties of quarterly investment reporting and annual investment policy development by the City Treasurer and the applicable hourly rates for the Treasurer and staffs. In addition, the term and the hourly rates quoted have been updated. If approved by the City Council, the agreement will be presented to WOCWB at the next regular meeting. Environmental Status: The proposed professional service contract to perform this work for the West Orange County Water Board has been determined to be categorically exempt pursuant to Class I. Section 15301 of the California Environmental Quality Act. Aftachmen jUs City Clerk's Page Number RCA Author: Ken Dills Agreement for General Management, Engineering, Secretarial and Fiscal Agent Services. , phone extension 5055 RCA for WOCWB Contract -2- 06/08/99 1:03 PM ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE WEST ORANGE COUNTY WATER BOARD FOR CONTRACT MANAGER SERVICES THIS AGREEMENT is made and entered into this oZ 1 S 6 day of March, 1999, by and between the WEST ORANGE COUNTY WATER BOARD (hereinafter called "BOARD'), a joint powers agency established pursuant to that certain Joint Powers Agreement executed on October 25, 1967, known as the "West Orange County Water Board Joint Powers Agreement" (the "Joint Powers Agreement") by and among the City of Garden Grove, the City of Huntington Beach, the City of Seal Beach and the City of Westminster; and the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter called "CONTRACT MANAGER." RECITALS: WHEREAS, BOARD desires to retain the services of CONTRACT MANAGER as General Manager, Engineer, Fiscal Agent and Secretary of BOARD, and CONTRACT MANAGER is qualified to perform such duties; and CONTRACT MANAGER has designated Jeffrey R. Renna ("CONTRACT MANAGER'S DESIGNEE") to perform the duties of General Manager, Engineer, Fiscal Agent and Secretary of BOARD, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. CONDITIONS OF AGREEMENT: a. CONTRACT MANAGER is hereby retained by BOARD to provide the services of General Manager, Engineer, Fiscal Agent and Secretary of BOARD and to perform the duties and discharge the functions of those offices. b. The tern of this agreement shall be for the period beginning on March 18, 1999„ and ending on March 17, 2000, which term may be renewable at the pleasure of BOARD's governing board ("Governing Board"). C. Any changes relative to the terms of this Agreement shall be reduced to written form as amendments to this Agreement. In the absence of such written mutually agreeable changes, the provisions of this Agreement shall continue in full force and effect for the term of the Agreement. 2. COMPENSATION OF CONTRACT MANAGER CONTRACT MANAGER shall be on a time -and -materials basis, in accordance with the following hourly rates: A. (Engineering) Management Services $68.03 per hour B. Engineering Services 1. Associate Civil Engineer $55.49 per hour 2. Engineering Aide $31.59 per hour jmp/g/agree/wtrboard/5/ 17/99 ••1 Contract Administrator $40.11 per hour C. Fiscal Agent Services 1. Treasurer $81.35 per hour 2. Deputy Treasurer $77.77 per hour 3. Senior Accountant $56.37 per hour D. Secretarial Services $26.30 per hour GENERAL PROVISIONS a. CONTRACT MANAGER is authorized to incur reasonable incidental and outside services expenses in the discharge of the functions hereunder and as authorized by BOARD. Upon submittal of such documentary evidence as may be required by BOARD, CONTRACT MANGER will be reimbursed by BOARD. b. The respective duties of General Manager, Engineer, Fiscal Agent and Secretary to be performed by CONTRACT MANAGER on behalf of BOARD are generally described as follows, and which duties may be amended or revised from time to time by BOARD: For the General Manager: • Attend all regular and special meetings of the Governing Board and other such meetings as requested by the BOARD. • Attend all other meetings as necessary for the proper management of the BOARD, as directed by the Governing Board. • Manage and oversee the fiscal, budgetary and administrative responsibilities of the BOARD. • Direct the activities of the BOARD's engineering requirements and those of any other consultants which the BOARD may designate. • Review all, and direct the preparation of, meeting agendas, minutes and staff reports as prepared by the BOARD's various consultants and staff. • Prepare and/or direct the preparation of necessary backup materials and engineering staff reports for Governing Board meetings and BOARD agenda packages. • Work with the Secretary of the BOARD regarding activities to be brought before the BOARD. • Represent the BOARD in communications with the Municipal Water District of Orange County, the water departments of each of the member agencies, and with other governmental and water agencies, as necessary. • Review and approve the BOARD's bills and warrants, except management and engineering, before being submitted to the Governing Board for approval. In months for which BOARD meetings are not scheduled, approve all non -engineering bills and warrants for payment. • Direct the preparation of the annual budget for the Governing Board's review and approval and directs the activities of the BOARD's accountant. • Coordinate the efforts of the maintenance staff of the City of Huntington Beach Water Department for operation and maintenance of the BOARD's facilities. • Direct the providing of contract administration and monitoring of BOARD construction activities and assist in the preparation of construction progress payments and warrants. • Provide information to member agencies regarding water deliveries, shutdowns and maintain and improve communications between the member agencies. 2 jmp/g/agree/wtrboard/5/17/99 For the BOARD's Engineer: • Provide consultation and advice in regard to engineering matters concerning BOARD facilities and operations. • Perform investigation and studies and present recommendations for BOARD action on projects of major impact to the BOARD's operations and service of water. • Prepare engineering staff reports, as directed by the Governing Board. • Prepare the designs and computation for project plans and technical specifications for projects directed and authorized by the Governing Board. • Perform the preparation of record drawings and surveys. • Assist in the securing of competitive bids for construction and in the award of construction contracts. Review the work of contractors with respect to the intent of the plans and specifications. Process Change Order Requests for submittal to the Governing Board. • Prepare engineering staff reports as directed by the Governing Board. • Perform other services of an engineering nature as directed by the Governing Board. For the BOARD's Fiscal Agent: • Monitor, maintain and assist in the preparation of the Board's budget. • Prepare and remit all payments on a monthly basis. • Control and track all expenditures, revenues, payables and receivables and keep thorough and accurate records thereof. • Maintain at the direction of the Governing Board the required reserve balance and advise to any necessary adjustments to the reserve policy. • Assist in the annual audit of the Board's finances. • Prepare other financial reports as directed. • Manage the investment of Board funds in accordance with applicable laws and accepted practices. • Provide quarterly reports on the investment of Board funds. • Develop and present an annual investment policy. For the BOARD's Secretary: • Prepare on a monthly basis, the agenda, the agenda packet and mailing. • Type demands. • Calculate billing of expenses to each member agency of the Board. • Prepare packets for mailing. • Attend meetings - Quarterly +. • Prepare minutes and mailing - Monthly. • Process bills for payment - Monthly. • Prepare maintenance and operations billing - Semi -Annually. • Prepare water billing and mail - Monthly. • Coordinate with Water Operations Manager - As needed. • Prepare Special Meeting Notices - As needed. • Post all agendas, adjournment notices and special meeting notices - As needed. • Notify directors of special meetings - As needed. • Schedule meeting room and verify quorum - Quarterly +. • Annually distribute and collect F.P.P.C. Statement of Economic Interest forms. • Distribute, collect and execute all Joint Powers Agreement Amendments - As needed. j mp/g/agree/wtrboard/5/ 17/99 :Y C. If any actions at law or in equity challenging the validity of any provision of this Agreement are undertaken by any party other than CONTRACT MANAGER, BOARD shall provide adequate legal counsel for CONTRACT MANAGER at no cost to CONTRACT MANAGER, and shall make CONTRACT MANAGER whole for any costs, losses or damages suffered by CONTRACT MANAGER as a result of such actions. 4. TERMINATION a. Notwithstanding anything herein contained to the contrary, this Agreement may be terminated at any time by mutual written consent of the parties hereto. b. This Agreement shall be deemed terminated automatically effective immediately upon the occurrence of any of the following events: (1) The death of CONTRACT MANAGER's DESIGNEE. (2) The willful or habitual breach of the duties to be undertaken by CONTRACT MANAGER under this Agreement unless waived by BOARD. (3) The commission by CONTRACT MANGERS's DESIGNEE of any act of malfeasance in office. C. Termination hereunder shall not prejudice any remedy which either party may have either at law, in equity, or under this Agreement. 5. NOTICES Unless waived by the other party, any notices to be provided by either party hereto to the other shall be in writing, sent by U.S. mail, postage prepaid, registered, addressed as follows: Notice to BOARD: Board of Directors West Orange County Water Board 2000 Main Street Huntington Beach, CA 92648 Notice to CONTRACT MANAGER: City of Huntington Beach Water Operations P.O. Box 190 Huntington Beach, CA 92648 Changes in the address of either party hereto shall be notified by the latter to the other party in writing sent by U.S. mail, postage prepaid, registered, addressed to such parry's address as last notified to the notifying party. j mp/g/agree/wtrboard/5/ 17/99 4 6. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the duties of CONTRACT MANAGER for BOARD and contains all the covenants and agreements between the parties with respect to such employment. Any changes to this Agreement shall be effective only if such changes are in writing signed by both parties hereto. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provision shall nonetheless continue in full force, without impairment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. West Orange County Water Board, a joint ers agency By: -Y-rtside t,1+1Gi�tMArr APPROVED AS TO FORM: & WtF' AwEsam' WI- S b 6A/W &V*: By i&leAe/ Legal Counsel to West Orange County Water Board REVIEWED AND APPROVED: UffAdministrator CONTRACT MANAGER City of Huntington Beach, a California municipal corporation Mayor ATTEST: � -- City Clerk APPROVED AS TO FORM: -`ity Attorney /799 6-11 -) 1r, I INIL�AND APPRO5>--4� "I / ' <:��) Director of Public Works j mp/g/agree/wtrboard/5 / 17/99 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works - Water SUBJECT: Approval of Agreement for General Management, Engineering, Secretarial and Fiscal Agent Services between the West Orange County Water Board and the City of Huntington Beach COUNCIL MEETING DATE: June 21, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance Approved by the City Attorney Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial rCity Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Ken Dills, phone extension 5055