HomeMy WebLinkAboutC-8268-1 - Agreement for Periodic Nourishment of the Orange County Beach Erosion Control Project Stage 1310
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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.
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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
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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.
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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.
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/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
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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,
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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
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