Agenda - February 2, 2012
AGENDA OF THE REGULAR MEETING OF THE
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, FEBRUARY 2, 2012 AT 8:30 A.M.
PORT OF LOS ANGELES ADMINISTRATION BUILDING
425 S. PALOS VERDES STREET
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
President Cindy Miscikowski
Vice President David Arian
Commissioner Robin M. Kramer
Commissioner Douglas P. Krause
Commissioner Sung Won Sohn
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD.
AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL'S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. EXECUTIVE DIRECTOR REMARKS
D. REPORTS OF THE COMMISSIONERS
Trip to Hamburg, Germany - Vice President David Arian
E. BOARD COMMITTEE REPORTS
Port Efficiency Committee Meeting - Vice President David Arian
F. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
CONSENT ITEMS (1 - 9)
Construction and Maintenance
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The Construction and Maintenance Division (C&M) is responsible for the maintenance of the Gateway Fountains, Reflection Pool and Interactive Fountain along Harbor Boulevard in San Pedro. C&M requests the approval of a one-year agreement with two one-year renewal options with WET Enterprises, Inc. (WET) of Sun Valley, CA for regular maintenance of these water features. The amount of this agreement shall not exceed $382,080 per year, and the total amount for all three years (if both renewal options are exercised) shall not exceed $1,153,920. The agreement will replace the current month to month agreement with WET at no additional cost. It will ensure that these unique water features will continue to perform at optimal levels for visitors to the Port of Los Angeles (Port).
Recommendation: Board resolve to (1) find that in accordance with Los Angeles City Charter Section 1022, work under the subject agreement can be performed more feasibly by an independent contractor than by City employees; (2) approve an agreement with WET Enterprises, Inc. in the amount of $382,080 per year for a period of one-year with two one-year renewal options for a not-to-exceed three-year maximum of $1,153,920; (3) authorize the Executive Director to execute an agreement with WET Enterprises, Inc. and two one-year renewal options at the discretion of the Executive Director; and (4) adopt Resolution No. _____________.
Debt and Treasury
2. Re: RESOLUTION NO. ____________ - TO ESTABLISH A POOL OF INVESTMENT BANKING FIRMS TO PROVIDE UNDERWRITING
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) proposes to establish a pool of investment banking firms for a period of three years to provide underwriting services and access to capital markets in order to meet its funding needs.
Recommendation: Board resolve to (1) approve and appoint the following fifteen investment banking firms for a period of three years to provide the Harbor Department with investment banking services: Backstrom McCarley Berry & Co., LLC, Bank of America Merrill Lynch, Barclays Capital, Cabrera Capital Markets, Citigroup Global Markets, De La Rosa & Co., Inc., Estrada Hinojosa & Co., Inc., Goldman, Sachs & Co., J.P. Morgan, Loop Capital Markets, Morgan Stanley & Co., Inc., Ramirez & Co., RBC Capital Markets, Siebert Brandford Shank & Co., and Wells Fargo; and (2) adopt Resolution No. ____________.
Engineering
Transmittal 1
Transmittal 2
SUMMARY: Alternative Maritime Power (AMP) systems allow ships to be powered by shore-supplied electrical power while at berth. To transfer power from the vessel generators to the utility supplied source it is required to connect the ship in parallel to the utility lines. The City of Los Angeles Department of Water and Power (LADWP) considers this arrangement as a customer-owned generator connection, hence requiring the customer to enter a Standard Customer Generation Multi-Facility Interconnection Agreement. This agreement also allows the application of a special AMP rate and is valid for three (3) years from its execution date after which it is required to be renewed every subsequent three (3) years. The original agreement will expire March 6, 2012. The proposed agreement will provide another three-year term for LADWP to continue allowing AMP connections and applying the AMP rate.
Recommendation: Board resolve to (1) approve the proposed LADWP Standard Customer Generation Multi-Facility Interconnection Agreement allowing LADWP to service AMP connections and to apply the published AMP rate for a second three-year term; (2) authorize the Executive Director to execute and the Board Secretary to attest to said agreement for and or behalf of the Board; (3) authorize the Executive Director or designee to act as the authorized representative for the purpose of adding or removing generation facilities from the Standard Customer Generation Multi-Facility Interconnection Agreement as required; and (4) adopt Resolution No. ____________.
Environmental Management
Transmittal 1
SUMMARY: On February 21, 2008, the Board of Harbor Commissioners (Board) approved the Banning Museum Transportation Exhibit project and allocated $900,000 of the Community Aesthetic Mitigation fund to the Friends of Banning Park Corporation (Friends of Banning) to assist funding the project. Of the $900,000, $700,000 has already been paid to the Friends of Banning under Agreement No. 08-2709 which expired on September 16, 2010. A new agreement has been prepared in order to release the remaining $200,000 to the Friends of Banning. The exhibit, called "Improbable Gateway: The Los Angeles Transportation Legacy" (Improbable Gateway Exhibit) was completed and is open to the public.
Recommendation: Board resolve to (1) approve the Agreement with the Friends of Banning Park Corporation for a term of one year in an amount not-to-exceed $200,000; (2) authorize Executive Director and the Board Secretary to execute and attest to said Agreement, for and on behalf of the Board; and (3) adopt Resolution No. ____________.
Information Technology
5. Re: RESOLUTION NO. ____________ - GRANT OBLIGATION REQUEST TO AWARD AGREEMENT WITH CYRUN AND CONTRACT WITH DAILEY-WELLS COMMUNICATIONS, INC. FOR A COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
SUMMARY: The Information Technology (IT) Division is requesting approval to enter into two separate procurements for a Computer Aided Dispatch and Records Management System (CAD/RMS) and related equipment and services for the City of Los Angeles Harbor Department (Harbor Department) Port Police Division (Port Police). The proposed CAD/RMS will be an integrated solution that will automate the capture, processing, logging, retrieval, export and delivery of dispatch information. Two procurements are proposed for the CAD/RMS project as each provides essential and dependent components of a complete CAD/RMS. The proposed agreement with Cyrun, headquartered in Santa Cruz, California, is for the purchase and installation of the core CAD/RMS, and related equipment and services, and is for an amount not-to-exceed $2,537,979 and a term of one year from acceptance of the completed system. The proposed contract with Dailey-Wells Communications, Inc. (Dailey-Wells), headquartered in Houston, Texas, is for the purchase and installation of the wireless communications backbone for the CAD/RMS system, and related equipment and services, and is for an amount not-to-exceed $1,100,000 and a term of up to one year. The estimated total cost of the CAD/RMS project is $3,828,705, which includes the proposed procurements and capitalized internal labor costs. Approximately seventy percent, or $2,666,667, of the total project cost is reimbursable from federal and state grants. Cyrun and Dailey-Wells are both certified Small Business Enterprises (SBE). Therefore, one hundred percent of these two procurements will apply towards the Harbor Department's SBE objective.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the work can be performed more feasibly by independent contractors than by City employees; (2)approve the agreement with Cyrun to develop the CAD/RMS for a term of one year from acceptance of completed system and authorize expenditures for an amount not-to-exceed $2,537,979; (3) approve the contract with Dailey-Wells to develop the mobile data communications infrastructure for a term of up to one year and authorize expenditures for an amount not-to-exceed $1,100,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to said agreements; and (5) adopt Resolution No. ____________.
Port Police
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: Staff requests approval of Contract Nos. 39625 and 39624 to Gravois Aluminum Boats LLC, DBA Metal Shark Aluminum Boats of Jeanerette, Louisiana, for the purchase of six vessels to train students at the Regional Maritime Law Enforcement Training Center (MLETC). These vessels will be used to provide standardized training to public safety personnel engaged in waterborne law enforcement operations. The MLETC will offer State of California, Commission on Peace Officer Standards and Training (POST) and Federal Law Enforcement Training Center (FLETC) approved coursework to public safety personnel who operate in a port or maritime environment. The vessels are being purchased through the Federal government's General Services Administration (GSA) program at their guaranteed lowest price. The contract total for six vessels is $1,401,475. Funds have been authorized in the Capital Improvement Program (CIP) budget, and the equipment will be fully reimbursed under the Department of Homeland Security (DHS), Port Security Grant Program (PSGP), Round 8 and State of California Proposition 1B. Vessel operation and maintenance costs are estimated at $15,000 per vessel or $90,000 annually. As indicated in the Board of Harbor Commissioners' Information Memo of November 11, 2011 (Transmittal 1), the procurement of these vessels will allow the training facility to become fully operational, at which time vessel maintenance and other operating costs will be funded by student tuition to meet the Harbor Department's strategic goal of full cost recovery for the facility.
Recommendation: Board resolve to (1) award Contract No. 39624 for the purchase of one fully-equipped Relentless training vessels in the amount of $233,579, including tax and delivery; (2) award Contract No. 39625 for the purchase of five fully-equipped Relentless training vessels in the amount of $1,167,896, including tax and delivery; (3) authorize the Executive Director to execute the Contracts for and on behalf of the Board; and (4) adopt Resolution No. ---- ____________.
Real Estate
Transmittal 1
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) leases 12,803 square feet (s.f.) of office space from Pacific Place Associates, LP (Pacific Place) under Agreement No. 2513 (Agreement) for a five-year period ending February 29, 2012, with an option to extend for an additional two years. It is proposed that the Option to Extend the Term of Office Lease (Option) be exercised for the additional two years at the new negotiated base rent during which time a long-term solution for office space needs of the Environmental Management Division (EMD) will be established. Approval by the Board of Harbor Commissioners (Board) is required to exercise the Option.
Recommendation: Board resolve to (1) approve the Option to Extend the Term of Office Lease for Agreement No. 2513 with Pacific Place Associates, LP; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Option to Extend the Term of Office Lease; and (3) adopt Resolution No. ____________.
Transmittal 1
SUMMARY: Permit No. 718 is a 20-year permit which grants Crowley Marine Services, Inc. (Crowley) approximately 2.79 acres of land, wharf, and water space at Berth 86 for an office building, shop facility, warehouse, and parking lot to be used in connection with tugboat and barge services.
Compensation for the fourth and final five-year period of November 24, 2011 through November 23, 2016 is proposed to remain unchanged from the previous five-year compensation period.
Recommendation: Board resolve to (1) approve the Order to reset compensation under Permit No. 718 with Crowley Marine Services, Inc. for the five-year period of November 24, 2011 through November 23, 2016; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation to be paid by Crowley pursuant to Section 4(i) of Permit No. 718; and (3) adopt Order No. ____________.
Risk Management
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Transmittal 5
SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into Agreements with Global Environmental Network, Inc. (GENI), located in Fountain Valley, California and URS Corporation (URS), located in El Segundo, California to provide on-site supplementary health and safety services and training to Harbor Department employees as part of the adherence to the policy of the City of Los Angeles (City) to maintain a safe and healthy work environment. Staff is recommending the Board of Harbor Commissioners (Board) approve the Agreements. The recommendation is based on a competitive Request for Proposal (RFP) process performed by the Harbor Department. The term of each proposed Agreement is three years at an amount not-to-exceed $150,000 per Agreement, or $50,000 per year for both Agreements for a total of $300,000 over three years in total. This is GENI's first Agreement with the Harbor Department and URS' second.
Recommendation: Board resolve to (1) find that in accordance with the Los Angeles City Charter Section 1022, the services required can be performed more feasibly by an outside contractor than by City employees; (2) approve the Agreement with GENI for a term of three years at an amount not-to-exceed $150,000; (3) approve the Agreement with URS for a term of three years at an amount not-to-exceed $150,000; (4) authorize the Executive Director to execute and the Board Secretary to attest to both Agreements; and (5) adopt Resolution No. ____________.
REGULAR ITEMS (10-12)
Real Estate
Transmittal 1
SUMMARY: Permit No. 692 between the City of Los Angeles Harbor Department (Harbor Department) and Yusen Terminals, Inc. (YTI) grants nonexclusive use of 224.83 acres at Berths 212-224 for container terminal operations. Permit No. 692 is a 25-year permit expiring on September 30, 2016, with one ten-year option, and a provision for the renegotiation of compensation for each five-year period. The proposed Order resetting compensation is for the final five-year period of October 1, 2011 through September 30, 2016. Compensation for this period is proposed to remain unchanged from the previous five-year compensation period, as the rates for YTI continue to be in a competitive range in comparison to other container terminals in the Port of Los Angeles.
Recommendation: Board resolve to (1) approve the Order to reset compensation under Permit No. 692 with Yusen Terminals, Inc. for the five-year period of October 1, 2011 through September 30, 2016; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order resetting compensation to be paid by Yusen Terminals, Inc., pursuant to Section 4(i) of Permit No. 692; and (3) adopt Order No. ____________.
Executive Offices
11. Re: RESOLUTION NO. ____________ -ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY ADDITIONAL FUNDING REQUEST FOR DOMINGUEZ CHANNEL OIL SPILL RESPONSE U.S. EPA ORDER NO. OPA CWA 311-09-2011-001
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: The Alameda Corridor Transportation Authority (ACTA) has requested an additional $250,000 from the City of Los Angeles Harbor Department (Harbor Department) to support efforts to respond to the Dominguez Channel Oil Spill. On June 16, 2011, the Board of Harbor Commissioners (Board) authorized execution of a Funding Agreement (Resolution No. 11-7149, Agreement No. 11-2993) which provides the terms under which such funds are advanced and provides for reimbursement should ACTA recover any response costs from a third party and/or the Oil Spill Liability Trust Fund.
Recommendation: Board resolve to adopt Resolution No. ____________ authorizing an additional advance of $250,000 to ACTA for oil spill response costs.
Office of the City Attorney
Transmittal 1
Transmittal 2
SUMMARY: The Office of the City Attorney recommends approval of Agreements for Legal Services (Agreements) between the City of Los Angeles Harbor Department (Harbor Department) and two law firms to provide legal services to assist the Office of the City Attorney in environmental matters. The proposed Agreements are with two law firms selected through a competitive selection process: (a) Meyers Nave Riback Silver & Wilson, and (b) The Sohagi Law Group. Each of the two (2) proposed Agreements is in the amount of $330,000 and is for a term of three (3) years.
Recommendation: Board resolve to (1) authorize the selection and retention of two law firms pursuant to Los Angeles City Charter Section 275, to assist the Office of the City Attorney in providing legal services to the Harbor Department: (a) Meyers Nave Riback Silver & Wilson, and (b) The Sohagi Law Group; (2) approve the two (2) Agreements for Legal Services, each in the amount of $330,000 and each for a term of three (3) years, with (a) Meyers Nave Riback Silver & Wilson, and (b) The Sohagi Law Group (Transmittal 1); and (3) authorize the Executive Director to execute and the Board Secretary to attest to said Agreements, for and on behalf of the Board; and (4) adopt the foregoing as Resolution No. ____________.
G. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
American Trucking Associations, Inc. v. City of Los Angeles, et al., United States
District Court Case No. 08-04920-CAS, and United States Court of Appeals for the Ninth Circuit Case No. 10-56465, and U.S. Supreme Court Case No. 11-798
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one case).
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of EPA order on ACTA property.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of claim of Crimson Pipeline L.P. against the City of Los Angeles.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: three cases.
H. ADJOURNMENT
In Memory of Longshoreman Steven Nicholas Saggiani