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HomeMy WebLinkAboutC-8268-1 - Agreement for Periodic Nourishment of the Orange County Beach Erosion Control Project Stage 1310 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -08-017010660 AGREEMENT FOR PERIODIC NOURISHMENT OF THE ORANGE COUNTY BEACH EROSION CONTROL PROJECT STAGE 13 This AGREEMENT is made and entered into the V3� day of DEc.*t4e 2016. by and between COUNTY OF ORANGE, a political Subdivision of the State of California, hereinafter called "COUNTY'. CITY OF NEWPORT BEACH, a municipal Corporation hereinafter called "CITY'. WHEREAS, Congress has, by the enactment of Public Law 874, 87`" Congress, specifically adopted and authorized a beach erosion control project from Anaheim Bay Harbor to Newport Bay in Orange County, California, providing for Federal participation amounting to 67 percent of the first and periodic nourishment and maintenance costs, in accordance with the plans and subject to the conditions recommended by Chief of Engineers in House Document No.602, 87`" Congress. Non -Federal Sponsors, consisting of State of California Department of Parks and Recreation Division of Boating and Waterways (hereafter called "STATE") and Local Sponsors, including Surfside Colony Storm Water Protection District, Huntington Beach, CITY, and COUNTY, shall provide for remaining 33 percent of total costs. WHEREAS, STATE is authorized under Harbors and Navigation Code Section 67.2 to expend STATE funds appropriated for the Orange County Beach Erosion Control Project (hereafter called "PROJECT"). WHEREAS, under Harbors and Navigation Code Section 69.6, STATE administers the California Public Beach Restoration Program funding of Non -Federal project cost; 100 percent funding of coastal state parks and state beaches, and 85 percent funding of non -state public beaches, with a 15 percent match from Local Sponsors provided as funds or in-kind services, for restoration, nourishment, or enhancement with placement of sand on the beach or nearshore. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -08-017010660 WHEREAS, the implementation of PROJECT is of direct benefit to the beaches owned or leased and operated by Local Sponsors in providing a source of beach sand for replenishment of natural erosion of said beaches. WHEREAS, the United States Army Corps of Engineers will undertake PROJECT Stage 13 at a total estimated cost of $18,125,000 and design phase to be financed on the following basis: Federal Government $1,499,460 STATE $ 672,880 Local Sponsors 65,660 � 2 8 000 WHEREAS, the Non -Federal Sponsor's PROJECT Stage 13 design cost of $738,540, and total cost of $5,981,250 is based upon the proportionate percentage of beneficial beach frontage owned or leased by each entity, approximately 67,000 linear feet from Anaheim Bay to Newport Pier within the Federal PROJECT area. WHEREAS, the COUNTY, on behalf of the Local Sponsors identified herein below, shall pay the STATE $65,660 for Stage 13 design. The CITY's total cost share and PROJECT design cost breakdown for Local Sponsors are as follows: Local Sponsors Total Cost Design Construction CITY $158,601 $19,583 $139,018 Surfside Colony Storm Water Protection District $ 5,043 City of Huntington Beach $39,721 COUNTY 1,313 TSL 5 0 H H - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -08-017010660 NOW THEREFORE, the parties hereto do mutually agree as follows: I. COUNTY agrees to coordinate said PROJECT with CITY, other Local Sponsors, and STATE to the mutual benefit of all parties concerned. II. CITY agrees to pay COUNTY immediately after approval of this agreement by all parties hereto, CITY's portion of the total cost of PROJECT Stage 13 in the amount of $158,601. COUNTY shall, on or before immediately after approval of this agreement and similar agreements by all of the aforementioned Local Sponsors and receipt of billing from STATE, pay the Local Sponsors' portion of the PROJECT design in the amount of $65,660 to STATE to facilitate implementation of said PROJECT Stage 13 design , and upon completion pay to STATE the Local Sponsors cost share for PROJECT construction. IV. COUNTY will obtain from STATE, the agency coordinating PROJECT Stage 13 with the United States Army Corps of Engineers, an accounting of all expenditures of funds received for PROJECT Stage 13 within 120 days following the completion of design and final accounting within 120 days following completed PROJECT Stage 13 construction. V. CITY agrees any funds remaining upon the completion and acceptance of PROJECT Stage 13 design phase, STATE shall apply the amount towards the Non -Federal Sponsor's share of PROJECT Stage 13 construction phase, to be credited proportionately between the STATE and each of Local Sponsors, in a ratio equal to their respective contributions. // - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -08-017010660 VI. CITY shall be reimbursed the remaining balance of their contribution proportional to the project cost share ratio, deducting the cost incurred for preconstruction, engineering, and design within 120 days after determination that Federal or STATE funds are not available for PROJECT construction. VII. CITY agrees any funds remaining from final accounting of completed PROJECT Stage 13 shall be applied towards PROJECT Stage 14. VIII. To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers, agents, and employees from and against all claims, demands, loss or liability of any kind or nature which CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of the negligence or wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the terms of this agreement or exercising the rights herein granted. // // - 4 - 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MA -080-017010660 /IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signature: COUNTY OF ORANGE, a political subdivision of the State of California Date: 17.—IS-16 By: Chairman of the Board of Supervisors // // SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Deputy County Counsel ORANGE COUNTY, CALIFORNIA i/ By: 1/ JPS 0, - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -080-17010660 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signatures: Date: I \4 1 REVIEWED AND APPROVE <'u .2 '� , I David A. Webb City Administrator CITY OF NEWPORT BEACH, a municipal Corporation By: Diane B. Di�(on Mayor r ATTEST: U ' "V%1oY 10 Leilani I. Brown City Clerk APPROVED �ASMTO FORM:`q< o Aaron C. Harp City Attorney - 6 -