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Home My WebLink AboutC-5018(AA) - Memorandum of Agreement for Maintenance Dredging of Newport Harbor, CaliforniaMEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF NEWPORT BEACH FOR MAINTENANCE DREDGING OF NEWPORT HARBOR, CALIFORNIA This MEMORANDUM OF AGREEMENT (hereinafter the "MOA") is entered into this 944'' day of Novc,vv% beer , as a 4 , by and between the Department of the Army (hereinafter the "Government"), represented by the U.S. Army Engineer, Los Angeles District (hereinafter the "District Engineer"), and the City of Newport Beach (hereinafter the "Contributor"), represented by its Mayor. WITNESSETH, THAT: WHEREAS, the Newport Harbor, California maintenance project (hereinafter the "Project") was authorized by the River and Harbor Act of 1937, Pub. L. 75-392, 50 Stat. 844, 849, as amended by the Rivers and Harbors Act of 1945, Pub. L. No. 79-14, § 2, 59 Stat. 10, 21; WHEREAS, the amount of Federal funds available for maintenance dredging of the Project is sufficient to proceed with dredging contracts but insufficient to perform all scheduled work; WHEREAS, the Contributor considers it to be in its own interest to contribute funds voluntarily to be used by the Government to perform additional maintenance dredging of the Project (hereinafter the "Maintenance Work"); and WHEREAS, the Government is authorized pursuant to 33 U.S.C. 701h to receive and expend funds to be used for the Maintenance Work. NOW, THEREFORE, the Government and Contributor agree as follows: 1. The Contributor shall provide to the Government up to $10,000,000 to pay costs associated with the Maintenance Work, including the costs of environmental compliance, supervision and administration, and engineering and design. 2. Within sixty (60) calendar days of execution of this MOA, the Contributor shall provide the funds to the Government by delivering a check payable to "FAO, USAED Los Angeles" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. 1 3. The Government shall not commence any Maintenance Work until all applicable environmental laws and regulations have been complied with, including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and Section 401 of the Clean Water Act (33 U.S.C. 1341). 4. The Government shall provide the Contributor with quarterly reports of obligations for the Maintenance Work. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Maintenance Work. 5. Upon conclusion of the Maintenance Work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the Contributor with written notice of the results of such final accounting. If the costs of the Maintenance Work are less than the sum of the Federal funds and the amount of funds provided by the Contributor, the Government shall refund the excess to the Contributor within thirty (30) calendar days of such written notice. 6. No credit or repayment is authorized, nor shall be provided, for any funds provided by the Contributor and obligated by the Government for the Maintenance Work. 7. Nothing herein shall constitute, represent, or imply any commitment to budget or appropriate funds for the Project in the future; and nothing herein shall represent, or give rise to, obligations of the United States. 8. The Contributor shall hold and save the Government free from all damages arising from the Maintenance Work, except for damages due to the fault or negligence of the Government or its contractors. 9. In the exercise of their respective rights and obligations under this MOA, the Government and the Contributor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. 2 10. Notices. a. Any notice, request, demand, or other communication required or permitted to be given under this MOA shall be deemed to have been duly given if in writing and either delivered personally or mailed by first-class, registered, or certified mail, as follows: If to the Contributor: City Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 If to the Government: Chief, Navigation Branch U.S. Army Corps of Engineers 915 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90017 b. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. Any notice, request, demand, or other communication made pursuant to this paragraph shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven (7) calendar days after it is mailed. 11. This MOA may be modified or amended only by written, mutual agreement of the parties. (Signatures on next page) 3 IN WITNESS WHEREOF, the parties have executed this MOA as of the day, month, and year first above written. THE DEPARTMENT OF THE ARMY THE CITY 0 BY: A. Balten Colonel, U.S. Army District Engineer DATE: 0/9/a04 Q. BY: Kevin ► e oon Ma DATE: 7 /z 7/2? APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ATTEST: Leilani Bro City Clerk 1o.la. A2.9, 4 CERTIFICATE OF AUTHORITY I, Aaron C. Harp, do hereby certify that I am the principal legal officer of the City of Newport Beach, that the City of Newport Beach is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Newport Beach, and that the persons who have executed this Agreement on behalf of the City of Newport Beach have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of o c 4- 0 y y' 2021. Aaron C. Harp City Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 an• - of more than $100,000 for e. _.:..yii* ailure. evin Muldoon Mayor DATE: