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HomeMy WebLinkAboutPeter's Landing Marina & Huntington Harbour Marina - 2017-06-19 Dept. ID PW 17-020 Page 1 of 3 Meeting Date:6/19/2017 zl�w��� CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/19/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Memorandum of Understandings (MOUs) between the City of Huntington Beach and grant partners Peter's Landing Marina and Huntington Harbour Marina for the installation and maintenance of seven Marina Trash Skimmer (MTS) units in Huntington Harbour Statement of Issue: In April of 2016, the City of Huntington Beach partnered with Westchester Bay HOA, Peter's Landing Marina, Huntington Harbour Marina, and OC Parks and applied for, and was awarded, a grant from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program (ECP), Tier 1 to purchase and install seven Marina Trash Skimmer (MTS) units. These MTS units will be purchased and installed in seven different locations within the waters of Huntington Harbour to remove floating and partially submerged trash and debris as well as hydro- carbons from the surface. The units will be purchased by the City and installed by an authorized vendor. The MOU between the City and the grant partners will formally authorize the installation and establish maintenance responsibilities of the MTS units at the various locations for the next ten years. Financial Impact: The total projected costs for the purchase, delivery, installation, and permit fees is $97,490. Funds are including the FY 16-17 CIP budget in the following accounts: OCTA grant account 87390009.82800 ($73,118) General Fund account 10040314.82800 ($12,186) and Park Development Impact account 22845001.82100 ($12,186). Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Memorandum of Understanding Between the City of Huntington Beach and Peter's Landing Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour;" and, B) Approve and authorize the Mayor and City Clerk to execute "Memorandum of Understanding Between the City of Huntington Beach and Huntington Harbour Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour." Alternative Action(s): Do not authorize the MOUs and direct staff with an alternate action. Item 16. - 1 HB -190- Dept. ID PW 17-020 Page 2 of 3 Meeting Date: 6/19/2017 Analysis: The OCTA Measure M2 ECP, Tier 1 grant funding program is designed to mitigate the more visible forms of pollution, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. The program enables eligible jurisdictions to purchase and install structural best management practices such as screens, filters, and other "street scale" low flow diversion devices to address these pollutants and mitigate the impact to local water bodies. In partnership with Westchester Bay HOA, Peter's Landing Marina, Huntington Harbour Marina, and OC Parks the City applied for and was awarded grant funding in the amount of $73,118. Total projected costs associated with the purchase, delivery, and installation of the MTS units is $97,490. As part of the grant application, the City and OC Parks have agreed to divide the matching portion of the grant (25%) and contribute $12,186 each to meet the grant requirements. The City will use Park Development Impact funds for its portion. In addition, the City has budgeted the OC Parks portion in the General Fund and will be reimbursed upon project completion. The grant funds as awarded by OCTA are required to be expended by June 30, 2017. To date, the City has received signed MOUs from Peter's Landing Marina and Huntington Harbour Marina and expects to receive signed MOUs as authorized by the governing bodies of Westchester Bay and Orange County Community Resources (OC Parks) by the end of July 2017. Upon approval and authorization to execute the signed MOUs by Mayor and City Council, City staff can expend the grant funds to comply with the grant deadline. City staff shall return to the Mayor and City Council with the outstanding MOUs from the other grant partners for approval and authorization to execute the MOUs. Once purchased, delivered and installed at the 7 pre-designated locations, the MTS units are designed to draw in floating and partially submerged debris, such as plastics, bottles, paper, oil sheens, and organic materials. The installation of MTS units in the Harbor will enable the City to reduce the amount of trash and debris reaching the open ocean. These units will be located in the following locations: Westchester Bay HOA (2 units) Peter's Landing Marina (2 units) .> Huntington Harbour Marina (2 units) ➢ County of Orange Sherriff's boat dock/OC Parks (1 unit) The MTS devices once installed will require weekly and quarterly maintenance. The weekly maintenance will be conducted by the staff or approved contractor working on behalf of the grant partners. Weekly maintenance includes removing the accumulated trash and verifying that the unit(s) are operating properly. Quarterly maintenance which is more extensive and includes replacing filters and routine maintenance of the intake pump system will be conducted by an authorized vendor as contracted by Community Services Department. The MOUs between the City and the grant partners establishes the responsibilities for the MTS units once purchased and installed for the next ten years. The MOU will require the partners to provide and pay for the electrical power to run the MTS units and conduct weekly routine maintenance. The City will conduct the quarterly maintenance and perform other maintenance such as replacing parts. Environmental Status: Not applicable. HB -191- Item 16. - 2 Dept. ID PW 17-020 Page 3 of 3 Meeting Date:6/19/2017 Strategic Plan Goal: Improve quality of life Enhance and maintain infrastructure Strengthen economic and financial sustainability Attachment(s): 1. MOU between the City and Peter's Landing Marina 2. MOU between the City and Huntington Harbour Marina 3. Final Grant Agreement Letter from OCTA 4. Commitment Letter from Orange County Community Resources Item 16. - 3 HB -192- ATTACHMENT # 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND PETER'S LANDING MARINA FOR THE INSTALLATION AND MAINTENANCE OF MARINA TRASH SKIMMER(S) IN HUNTINGTON HARBOUR THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on �L A)67 /9 , 2017, by and between the CITY OF HUNTINGTON, a municipal corporation of the State of California(hereinafter referred to as "CITY"), and PETER'S LANDING MARINA, a California business organization. WHEREAS, the CITY is committed to the protection of water quality of Huntington Harbour and enhancing the aesthetic and ecological quality and benefits of the waters, beaches, and marinas within Huntington Harbour which is a significant coastal resource providing the CITY's residents and visitors with economic and social benefits such as boating, swimming, and kayaking, and In addition to the social and economic benefits, the waters of Huntington Harbour are directly connected to the Bolsa Chica Wetlands which is one of the last undisturbed coastal wetlands in California providing important nesting and breeding grounds for migratory and native bird species, breeding and spawn habitat for fish, and a safe haven for many endangered and rare species, and The CITY has received a grant from the Orange County Transportation Authority 2016 Measure M2 Tier 1 funding to purchase and install Marina Trash Skimmers to remove floating and partially submerged trash and debris as well as hydrocarbons from the surface waters of Huntington Harbour, and The Marina Trash Skimmers will be installed in areas where trash and debris tend to accumulate to maximize the amount of trash and debris collected and removed from the waters within Huntington Harbour. The City has partnered with private and public partners to identify appropriate locations to install the Marina Trash Skimmers including PETER'S LANDING MARINA (hereinafter referred to as "PARTNER"). NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intended to be legally bound, the parties covenant and agree as follows: 17-5705/155433/RLS 3/24/17/DO 1 SECTION 1. TERM This MOU will become effective on the date it is approved by CITY COUNCIL and shall terminate ten (10) years thereafter, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this Agreement may be extended for an additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this Agreement shall be as follows: l. CITY shall purchase and install the Marina Trash Skimmer(s) at the pre- designated location(s) as agreed by the City and PARTNER in accordance with the manufacturer's specification. 2. CITY shall contract with the manufacturer for the delivery and installation of the Marina Trash Skimmer(s) and appurtenances. 3. CITY shall acquire the required permits and/or approvals for the installation of the Marina Trash Skimmer(s) and appurtenances. 4. CITY and/or the CITY's agent shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be conducted on a monthly and quarterly basis. 5. CITY and/or the CITY's agent shall repair or replace any parts of other auxiliary components required for the proper function of the Marina Trash Skimmer(s) throughout the duration of the MOU. SECTION 3. OBLIGATIONS OF PARTNER The obligations of the PARTNER pursuant to this Agreement shall be as follow: 1. PARTNER shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be performed on a weekly basis. 2. PARTNER shall provide access to CITY personnel or agent to the CITY for maintenance purposes. 17-5705/155433/RLS 3/24/17/DO 2 3. PARTNER shall notify the CITY prior to disconnecting electrical power to the Marina Trash Skimmer(s) or conducting any actions that would restrict or impair the functionality or efficiency of the Marina Trash Skimmer(s). 4. PARTNER shall request prior approval from the CITY prior to relocating the Marina Trash Skimmers. 5. PARTNER shall provide electrical power to the Marina Trash Skimmer(s) and incur the financial obligations required to provide electrical power. 6. PARTNER shall provide access in a timely manner to CITY staff or contracted staff to perform inspections and maintenance of the Marina Trash Skimmer(s) as necessary. 7. PARTNER shall notify the CITY to report damages or loss of function of the Marina Trash Skimmer(s) within forty-eight (48) hours. SECTION 4. HOLD HARMLESS PARTNER shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents (CITY) from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with the installation, maintenance, and performance of the Marina Trash Skimmer(s) or its failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of CITY or contractors working at the behest of the CITY. SECTION 5. WORKER'S COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, PARTNER acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for worker's compensation; PARTNER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. PARTNER shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 17-5705/155433/RLS 3/24/17/DO 3 PARTNER shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. PARTNER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and PARTNER shall similarly require all subcontractors to waive subrogation. SECTION 6. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and PARTNER's covenant to indemnify CITY and its agent, PARTNER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that PARTNER's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a"deductible", or any other similar form of limitation on the required coverage. SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, PARTNER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: (1) Provide the name and policy number of each carrier and policy; (2) State that the policy is currently in force; and (3) Promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten(10) days' prior written notice in the event of cancellation for nonpayment of premium. 17-5705/155433/RLS 3/24/17/DO 4 PARTNER shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from PARTNER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all of the policies of insurance. PARTNER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 8. ASSIGNING AS BREACH PARTNER shall not encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the CITY. Any encumbrance, assignment or transfer, without the prior written consent of the CITY, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the CITY, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST PARTNER shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 11. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. 17-5705/155433/RLS 3/24/17/DO 5 SECTION 12. WAIVER OF BREACH The waiver by CITY of any breach by PARTNER of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by PARTNER, either of the same or another provision of this MOU. SECTION 13. FORCE MAJEURE—UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be perfonned by either CITY or PARTNER be prevented or delayed by reason of an act of God, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY PARTNER City of Huntington Beach Peter's Landing Marina Attn: Jim Merid, Environmental Specialist Attn: Scott Seaton Public Works Department Street Address: 16400 Pacific Coast Highway, 2000 Main Street, P. O. Box 190 Suite 108 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Phone: (714) 536-5431 Phone (562) 592-4441 Email: TMerid(aisurfcity-hb.or Email: peterslandingmarina@gmail.com SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 17-5705/155433/RLS 3/24/17/DO 6 SECTION 16. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 17. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 18. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 19. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by PARTNER under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 20. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, employee or agent of CITY shall be personally liable to PARTNER, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to PARTNER, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. 17-5705/155433/RLS 3/24/17/DO 7 SECTION 21. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. Removal of the Marina Trash Skimmer(s) to occur within one hundred twenty (120) days of notice of termination. SECTION 22. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by CITY and PARTNER, or their successors in interest. SECTION 23. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 24. NO TITLE INTEREST No title interest of any kind is hereby given and PARTNER shall never assert any claim or title to the Marina Trash Skimmer(s) or any other public property. SECTION 25. ENTIRETY The foregoing sets for the entire agreement between the parties. 17-5667/153175/RLS 2/27/17/DO 8 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. PETER'S LANDING MARINA, CITY OF HUNTINGTON BEACH, a California business organization a municipal corporation of the State of California By: G yor Print Name ATTEST: MAUMA IMAAA Title rity Clerk INITIATED AND APPROVED: - /C//o -Z-- Director of Public Works REVIE D APPROVED: rty anager APPROVED AS City Attorney Ott 17-5667/153175/RLS 2/27/17/DO 9 OP ID:JW ,4`co�szo. CERTIFICATE OF LIABILITY INSURANCE DATE 06/13120173/2017 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME Jeanne Winter Pleasanton Valley Insurance PHONE FAX Lic #0Bo7o66 Arc No Ext:925-462-2111 Arc,No): 925-462-2113 6602 Owens Drive, suite 200 ADORE jeanne@pvigroup.com Pleasanton, CA 94588 Wayne Rudick CUSTOMER ID a:CENTR-9 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Central Self Storage/Pegasus INSURERA:Zenith Insurance Company 13269 Group, Dasch, Inc. INSURERB: 1148 Alpine Rd. Walnut Creek, CA 94596 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR E XP TYPE OF INSURANCE INSR WVD POLICY NUMBER MM1DD MM1DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE1-1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ JECT POLICY PRO- LOC $ AUTOMOBILE LIABILITY —7) F�) COMBINED SINGLE LIMIT A (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS By 1 MICHAEL E.GATES � ZU("� BODILY INJURY(Per aoclaenq $ SCHEDULED AUTOS CITY ATTORNEY PROPERTY DAMAGE HIRED AUTOS CM OF HUNTINGTO BEACH (PER ACCIDENT) $ NON-OWNED AUTOS $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTI OIV $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER _ A ANY PROPRIETORIPARTNERIEXECUTIVE Y1N M1047107 07/01/2016 07/01/2017 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIIv1EMBER EXCLUDED? N!A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Peters Landing Marina CERTIFICATE HOLDER CANCELLATION CITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City g ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov I7 17 Office of the City Clerk FB. 1909�p� ♦ Robin Estanislau, City Clerk June 21, 2017 Peter's Landing Marina Attn: Scott Seaton 16400 Pacific Coast Hwy., Ste. 108 Huntington Beach, CA 92649 Dear Mr. Seaton: Enclosed is a copy of the fully executed "Memorandum of Understanding Between the City of Huntington Beach and Peter's Landing Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour." Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand 1 P i ATTAC H M E N T #2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON HARBOUR MARINA FOR THE INSTALLATION AND MAINTENANCE OF MARINA TRASH SKIMMERS)IN HUNTINGTON HARBOUR THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on 2017, by and between the CITY OF HUNTINGTON,a municipal corporation of the State of California(hereinafter referred to as "CITY"), and HUNTINGTON HARBOUR MARINA, a California business organization. WHEREAS,the CITY is committed to the protection of water quality of Huntington Harbour and enhancing the aesthetic and ecological quality and benefits of the waters, beaches, and marinas within Huntington Harbour which is a significant coastal resource providing the C:ITY's residents and visitors with economic and social benefits such as boating, swimming, and kayaking, and In addition to the social and economic benefits, the waters of Huntington Harbour are directly connected to the Bolsa Chica Wetlands which is one of the last undisturbed coastal wetlands in California.providing important nesting and breeding grounds for migratory and native bird species, breeding and spawn habitat for fish, and a safe haven for many endangered and rare species, and The CITY has received a grant from the Orange County Transportation Authority 2016 Measure M2 Tier I funding to purchase and install Marina Trash Skimmers to remove floating and partially submerged trash and debris as well as hydrocarbons from the surface waters of Huntington Harbour, and The Marina Trash Skimmers will be installed in areas where trash and debris tend to accumulate to maximize the amount of trash and debris collected and removed from the waters within Huntington Harbour. The City has partnered with private and public partners to identify appropriate locations to install the Marina Trash Skimmers including HUNTINGTON I IARBOUR MARINA (hereinafter referred to as "PARTNER"). NOW, THEREFORE,for and in consideration of the promises and covenants hereinafter contained and intended to be legally bound,the parties covenant and agree as follows: 17-5705/155431/RLS 3/24/17/DO 1 SECTION 1. TERM This MOU will become effective on the date it is approved by CITY COUNCIL and shall terminate ten (10) ,years thereafter, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this Agreement may be extended for an additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this Agreement shall be as follows: 1. CITY shall purchase and install the Marina Trash Skirnmer(s)at the pre- designated location(s) as agreed by the City and PARTNER in accordance with the manufacturer's specification. 2. CITY shall contract with the manufacturer for the delivery and installation of the Marina Trash Skirnmer(s)and appurtenances. 3. CITY shall acquire the required permits and/or approvals for the installation of the Marina Trash Skirruner(s) and appurtenances. 4. CITY and/or the CITY's agent shall maintain the Marina Trash Skimmer(s) in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be conducted on a monthly and quarterly basis. 5. CITY and/or the CITY's agent shall repair or replace any parts of other auxiliary components required for the proper function of the Marina Trash Skinimer(s) throughout the duration of the MOU. SECTION 3. OBLIGATIONS OF PARTNER The obligations of the PARTNER pursuant to this Agreement shall be as follow: 1. PARTNER shall maintain the Marina T rash Skimmer(s)in a manner consistent with the manufacturer's Operation and Maintenance Manual Sections 6 and 7. Maintenance shall be performed on a weekly basis. 2. PARTNER shall provide access to CITY personnel or agent to the CITY for maintenance purposes. 1 7-5705/1 5543 1/KLS 3/24/17/DO 2 3. PARTNER shall notify the CITY prior to disconnecting electrical power to the Marina Trash Skimrner(s) or conducting any actions that would restrict or impair the functionality or efficiency of the Marina'Trash Skimmer(s), 4. PARTNER shall request prior approval from the CITY prior to relocating the Marina Trash Skimmers. 5. PARTNER shall provide electrical power to the Marina Trash Skimmers) and incur the financial obligations required to provide electrical power. 6. PARTNER shall provide access in a timely manner to CITY staff or contracted staff to perform inspections and maintenance of the Marina Trash Skinimer(s) as necessary. 7. PARTNER shall notify the CITY to report damages or loss of function of the Marina Trash Skimmer(s) within forty-eight(48) hours. SECTION 4. HOLD HARMLESS PARTNER shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents (CITY) from and against any and all liability, loss, damage, expenses, costs(including without limitation, costs and fees of litigation of every nature) arising out of or in connection with the installation, maintenance, and performance of the Marina Trash Skinimer(s) or its failure to comply with any of its obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of CITY or contractors working at the behest of the CITY. SECTION 5. WORKER'S COMPENSATION INSURANCE Pursuant to Caliroi-nla Labor Code Section 1861, PARTNER acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for worker's compensation; PARTNER covenants that it will comply with such provisions prior to commencing perfonnance of the worl< hereunder. PARTNER shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily iniury by accident, each occurrence, One Hundred Thousand Dollars($100,000) bodily injury by disease, each ernployee, 'Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,policy limit. 17-5705/155431/RLS 3/24/17/DO 3 PARTNER shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. PARTNER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation insurance and PARTNER shall similarly require all subcontractors to waive subrogation. SECTION 6. GENERAL LIABILITY.INSURANCE In addition to the workers' compensation insurance and PARTNER's covenant to indemnify CITY and its agent, PARTNER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage, Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in coiuiection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including, products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that PARTNER's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a"deductible", or any other similar form of limitation on the required coverage. SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, PARTNER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall- (1) Provide the name and policy number of each carrier and policy; (2) State that the policy is currently in force; and (3) Promise to provide that such policies shall not be canceled or modified without thirty(30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. 17-5705/155431/KLS 3/24/17,m0 4 PARTNER shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from PARTNER's defense, hold harmless and indetrinification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all of the policies of insurance. PARTNER shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. SECTION 8. ASSIGNING AS BREACH PARTNER shall not encumber, assign,or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the CITY. Any encumbrance, assignment or transfer, without the prior written consent of the CITY, whether it is voluntary or involuntary. by operation of law or otherwise,is void and shall, at the option of the CITY, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST PARTNER shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Cock. SECTION 11. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. 17-5705/155431/RL,S 3/24/17/DO 5 SECTION 12. WAIVER OF BREACH The waiver by CITY of any breach by PARTNER of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by PARTNER, either of the same or another provision of this MOU. SECTION 13. FORCE NIA.SURE—UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or PARTNER be prevented or delayed by reason of an act of God, inability to secure materials. restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY PARTNER City of Huntington Beach Huntington harbour Marina Attn: Jim Merid, Envirorunental Specialist Attn: Ryan M. Prager, Esq. Public Works Department 'Leal Palace, LP 2000 Main Strect, P. O. Box 1.90 4281 Warner Avenue Huntington Beach, CA 92648 Huntington Beach, CA 92649 Phone: (714) 536-5431 Phone: (949) 851-7256 Email: JN4erid!i�surl'c,ity.-hb.ors Email: z ra er` �t ,� '.com SECTION 15. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performanee hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 17-5705/155431/RLS 3/24/17`DO 6 SECTION 16. CONTROLLING LAW ANI3 VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 17. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 18. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including,but not limited to, the expiration of this MOU. SECTION 19. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by PARTNER under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 20. NONLIABILITY OF CITY OFFICIAL EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board,commission or member thereof, or officer, employee or agent of CITY shall be personally liable to PARTNER, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to PARTNT-R. its successors and assigns, under this MOU or for any obligation of CITY tinder this MOU. 17-5705115543I/RI.,S 3/24/17/BO 7 i SECTION 21. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. Removal of the Marina Trash Skinirner(s)to occur within one hundred twenty (120) days of notice of termination. SECTION 22. MODIFICATIONS IN WRITING This MOU contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered,modified, limited or extended orally or by any other agreement between the parties unless such agreement be expressed in writing, signed L, and acknowledged by CITY and PARTNER, or their successors in interest. SECTION 23. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 24. NO TITLE INTEREST No title interest of any kind is hereby given and PARTNER shall never assert any claim or title to the Marina Trash Skinuner(s) or any other public property. SECTION 25. ENTIRETY The foregoing sets for the entire agreement between the parties. 17-5667,1153175/RLS 2/27/17/DO ........................­.­._.._'_______ 11.......... I............." rN WITNESS WHEREOF,the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. ,.amp HUNTINGTON HARBOR MARINA, CITY OF HUNTINGTON BEACH, a California business organization a municipal corporation of the State of /2 Calif -lia • By: - --- // yor Ryan M. Prager 4/ 1-1 Print Name ATTEST: VP of Fiendlord's Keep, Inc.; GP of Zeal Palace, LP dba Huntington Harbour Marina Title _ rio Clerk INITIATED AND APPROV D: Director of Public Works REVIE D APPROVED: pity anager APPROVED.z VI: City Attorney � t t 1 7-5667/153175/RLS 2/27/17/DO 9 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sunghee Lee First Foundation Insurance Services HONE 18101 Von Karman Ave., Ste.750 (A/C.No.Exl (949) 202-4100 AIC No: (949) 535-5387 E-MAIL slee@ff-inc.com Irvine CA 92612 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Atlantic Specialty Insurance C 27154 INSURED INSURER B:Great American Insurance Com a 22136 Zeal Palace, LP dba Huntington Harbour Marina INSURERC:Navigators Insurance Company 42307 11111 Santa Monica Blvd. INSURER D: Los Angeles CA 90025 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 552 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MMIDD/YYPOLICYEYY MM LTRIDD/YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Y B5JH73278 05/25/2017 05/25/2018 PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 APPROVED AS TO FORM PERSONAL&ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: `71 GENERAL AGGREGATE $ 2,000,000 X POLICY ]PEA 7I LOC ./� t 1-7 PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: By. Marina Operators $ 1,000,000 AUTOMOBILE LIABILITY CITY ATTORN Y INGLE LIMIT I ccdentS $ Ea acciden ANY AUTO CITY OF HUNTINGT N BEACH BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLA LIAB X OCCUR OMH 5335666 05/25/2017 05/25/2018 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑tNI (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Liability (5Mx5M) SF17LIA1558401 05/25/2017 05/25/2018Each Occurence $ 5,000,000 C Excess Liability (5Mx10M) SFLIA1558402 05/25/2017 05/21/2018Each Occurrence $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Huntington Beach, its agents, its officers, employees and volunteers are included as additional insured as respects to the general liability policy as required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 ATTACHMENT #3 i OCTA October 21, 2016 BOARD OF DIRECTORS Lori Donchak Mr, Travis Hopkins Chair Director of Public Works Michael Hennessey City of Huntington Beach Vice Chair 2000 Main Street Lisa A.Bartlett Huntington Beach, CA 92648 Director Andrew Do Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Master Director Funding Agreement" —Letter Agreement No. 9 Steve Jones Director Dear Mr. Hopkins: Jim Katapodis Director This Letter Agreement serves as the Orange County Transportation Authority's(OCTA) approval to amend Agreement No. C-1-2765,Attachment A-8"Projects List". OCTA is deleting Attachment Director Jeffrey- A-8, in its entirety, as identified in Article 4 "Responsibilities of Agency", paragraph A, and in lieu Director thereof is inserting the revised "Project List", attached hereto as Attachment A-9, which is Gary Hitter Director incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2765 apply. Al Murray Director If you have any questions, please feel free to contact Alison Army at(714) 560-5537. Shawn Nelson Director Please execute this Letter Agreement and return the signed original to the attention of: Miguel Pulido Director Debra Nash, Intern Tim Shaw Contracts Administration and Materials Management Department Director 600 South Main Street, 4th Floor Todd Spitzer Orange, CA 92863-1584 Director Phone: (714) 560-5687, Email: dnash@octa.net. Michelle Steel Director Upon full execution of the Letter Agreement, the effective date will be September 12, 2016. Tom Tait Director Frank Ury Accepted and Ag ed Director Gregory T.tNinterbotto ^ - Director Kia Mortazavi Travis Hopkins Ryan CioMember Executive Director, Planning Director of Public Works Ex-Officio Member Orange County Transpprtation Authority City of Huntington Beach CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Virginia Aba ssa Director, Contracts Administration and Materials Management Orange County Transportation Authority Date .0 v 1 ,1 HB -2 1 3-ty Transportation Authority Item 1 6. - 24 1 �• 550 South Main Street/P.O.box 74 i b4/Orange/California 92863-1584/(714)560-OCTA(62tsz) %GREEMENT NO. C-1-2765 ATTACHMENT A-9 LETTER AGREEMENT NO. 9 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List Programmed Letter Project Description CTFP Amount Fiscal Year Board Date Agreement No. Project O "Regional Capracity Program" Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $ 105,225 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $ 274,508 2012-13 6/27/2011 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Engineering) $ 130,575 2012-13 4/23/2012 2 Beach Boulevard (State Route 39) 4th Northbound Thru Lane (Construction) $ 136,331 2013-14 4/23/2012 2 Atlanta Avenue Widening $ 1,200,000 2015-16 4/13/2015 8 Cumulative Program Total $ 1,846,639 Project X"Environmental Clean J' McFadden/Edwards and Heil/Algonquin Catch Basin Project $ 33,000 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $ 63,000 2012-13 8/13/2012 3 Northwest Catch Basin Retrofit Project- Phase 1 $ 199,588 2013-14 9/23/2013 5 Adams Ave. and Bushard St.Bioswale Project $ 635,955 2014-15 4/14/2014 6 Hii intinnton Beach Catch Basin Retrofit Proiect '-Z, 193,827 2014-4 9/22/2 i i 7 Huntington Harbour Marina Trash Skimmers (MTS) Trash Removal Project $ 73,118 2016-17 9/12/20,16 9 Cumulative Program Total $ 1,198,488 P,,roject:P"Regional Traffic:Signal-Synchronization Program" Cumulative Program Total $ - Total(AII Projects) $ 3,045,127 Item 16. - 25 HB -214- Page 1 of 1 ---------------------------------------------------_----_----_-_----_-------_---------_-__- _-_-_-------------- ---------------- Req.By: DEBRA NASH OCTA PROD Pa e: 2 Run on: 10111/16 at: 08:2.4:1g Re�ort: MSR23CA ***** PURCHASE REQUISITION REPRINT ***** Version: 6.2.37.A* qq yDate gqDate Material Bela ed ----- --Authorised -- --- D U96 S IAEeCLIFTON' ODD40U4&9fi Priority: (Entered6 ,,%,re6 Group ire H eq. ODODBUQ1413 a9D13 e16 ValSe18,[}4 Delivery Instr ction: Suggested Supplier: Purchasing Question Purchasing Answer Enduu rear No 16117 Grant Funded No Amendment Verified in IFAS Not Applicable (not an Amendme P...Trn si ng Instructions: f F(T MANAGCR: ALISON ARMY TIEUCITYNHF HUp�TTIMGA(O}MEBME CF TO PRO7VIDE FUNDINGTH FOR THE ENVIRONMENTAL CLEANUP ALLOCATION PROGRAM FY 16-17 TIER 1 CALL FOR PROJECTS. THE HUNTINGTON HARBOUR MARINA TRASH SKIMMERS TRASH REMOVAL PRO ECT WILL INSTAL SEVEN MARINA TRASH SKIMMERS THROUGHOUT HUNTINGTOIV HARBOUR. , ingg Details-- --------------------------- 7 uipment Reference F'rojec./Work Order A count Cade 0817MX001T6S7831 A 00 Proforma/ Lead em Quantity UOM Est. Price Description/Mnemonic and Part Number Order No. Supplier Time Frt Dlv Act. Price 1 1.00 EA 73118.00 NEW TF GT N HARBOURNTjSHH REMOVAL PRBJECT !-_________-_ 0.00 Status: Not Ordered PM: ALIS N ARMY I -- hJ --_-______....-------------------------------------------------------------------------------------------------------------------- I ,_, By: DEBRA NTSH OCTA PROD Page: 2 on: 01/1811 at: 16:16:29 Report: MSR23CA ***** PURCHASE REQUISITION REPRINT * ** VNsion: 5.2.37.AA9 o ---__-------------------------------------------------------------------------------_____---_----__-_____----------------------- Date gDate Material Related ----yy_-___Auth riled -----1------- 2662 SHAVeCLIFTQN: 40U((]04696 Priority: 09/23/1I6 1111007/16 Group W!H Req. 0000U01413 12D/8$,/16 "M19.00 Delivery Inst ration: Suggested Supp ler: Purchasing Question Purchasing Answer Budget Year FY 17l18 Encumbered No Grant Fun ed No Amendment Verified in IFAS Not Applicable (not an Amendme P, -has!n��g Instructi s: P. .ECT MANAGER: ALI N ARMY TN UEITYNDF TINGT NE CH AQ TO PROX7 DE UNDINGTH FOR ,H ENVI MENTAL L NUR AL OC ION PROGRAM ryFY 1 _I8 T ER 1 CA L F R PROJECTS HUNTINGTON PARR,g�E R W I NT TALL JEyII �fERppSRT�$TFA MOVAL SKIMMERS THROUGHOUT H_N INGTON HARBOUR. _ ----------------Default Cost in Details----_________w_________ µ__-_- uipment Reference roDect/Work Order Ac aunt Code 0017MX001T6S7831 iO P 00 roforma! Lead em Quantity UOM Est. Price Description/Mnemonic and Part Number Order No. Supplier Time Frt I]lv Act. Price I 0.00 EA 73119.00 TERAASS�RREMDV LEPROJ CTINGTON HARBOUR C12765l4- 017100 18838 1 06 1 00 1 73119.00 -_ � Status: Ordered, Not Received ---------- ------ ---- -- -------------- ATTAC H M E N T #4 O R A N G E C O U N T Y (Ccuommunity Resources Our Community. Our Commitment. STEVE FRANKS DIRECTOR March 16, 2016 OC COMMUNITY RESOURCES JENNIFER HAWKINS, DVM DIRECTOR OC ANIMAL CARE Mr. Jim Merid City of Huntington Beach — Public Works Department KAREN ROPER ! Environmental Specialist, CESSWI DIRECTOR 2000 Main Street OC COMMUNITY SERVICES Huntington Beach, CA 92648 STACY BLACKWOOD Re: Letter of Support and Commitment for OCTA Measure M2 DIRECTOR OC PARKS Environmental Cleanup Program —Tier 1 (FY 2016-2017) Dear Jim: HELEN FRIED COUNTY LIBRARIAN This letter is to document and confirm OC Parks' support for the City of OC PUBLIC LIBRARIES pp Y Huntington Beach's application to the OCTA Measure M2 Environmental Cleanup Program for the purchase of marina trash skimmers at Huntington Harbor. E 3 The equipment has successfully been used in both Newport and Dana Point Harbors and has proved to be a valuable resource in helping to keep the harbors clean. OC Parks manages and maintains regional, wilderness and historical facilities, as well as coastal areas throughout the County of Orange in California. This project will greatly enhance the harbor by removing debris and trash, and providing safe and clean water for boaters in addition to the residents and visitors who enjoy the myriad of recreational opportunities in I this area. I For this funding opportunity, OC Parks would partner with the City to provide a fifty percent share of the 25% grant match for this project, subject to Board of Supervisors' approval of a cooperative agreement. The City of Huntington Beach has served as a great partner with us and we are committed to maintain our long-term relationship with the City. i Sincer ly, I E Stacy Blackwood �,.. Director, OC Parks parks 13042 OLD MYFORD ROAD IRVINE,CA 92602 PHONE: 866.00PARKS FAX: 714-667-6511 HH -21 f- Item 16. - 28 r,y City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov g09 Office of the City Clerk Robin Estanislau, City Clerk June 21, 2017 Huntington Harbour Marina Attn: Ryan M. Prager, Esq., Zeal Palace, LP 4281 Warner Ave. Huntington Beach, CA 92649 Dear Mr. Prager: Enclosed is a copy of the fully executed "Memorandum of Understanding Between the City of Huntington Beach and Huntington Harbour Marina for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour." Sincerely, 9,4�"4jltu) Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand