HomeMy WebLinkAboutC-2272 - Cooperative Agreement, Control Siltation, Upper Newport Bay Watershed1
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Agreement No. D81 -064
A G R E E M E N T
THIS AGREEMENT, made and entered into this 259fL day of
1981.
The CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter designated as City,
The COUNTY OF ORANGE and The ORANGE COUNTY
FLOOD CONTROL DISTRICT, political
subdivisions of the State of California,
hereinafter designated as COUNTY.
W I T N E S S E T H
WHEREAS, COUNTY and the California Department of Fish and Game, hereinafter
referred to as DEPARTMENT, signatory agencies to the Upper Newport Bay settlement
agreement which provides for the establishment of the Upper Newport Bay Ecological
Reserve ( UNBER); and
WHEREAS, COUNTY and DEPARTMENT entered into a Memorandum of Understanding,
dated May 20, 1980, which in part required COUNTY to assist DEPARTMENT and other
jurisdictions in the control and removal of accumulated sediment from UNBER and the
San Diego Creek watershed; and
WHEREAS, CITY has developed the Upper Newport Bay Early Action Plan
which includes sediment removal and the construction of one or more debris basins
in the existing San Diego Creek Channel, hereinafter referred to as PROJECT; and
WHEREAS, COUNTY wishes to cooperate with CITY in project; and
WHEREAS, CITY and COUNTY wish to specify the terms for COUNTY's participa-
tion in PROJECT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
I. CITY SHALL:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
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Agreement No. D81 -064
prepare and process all necessary environmental documents required by the California
Environmental Quality Act of 1970 (CEQA) as amended.
B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order
to design and construct said COUNTY portions of PROJECT in accordance with the plans
and specifications as approved by the Director, EMA, or his designee, hereinafter
referred to as DIRECTOR, and to execute and deliver all documents required in con-
Inection with the construction and completion of said PROJECT including Certificate
Hof Cost and Certificate of Completion of PROJECT.
C. During the period of construction, have jurisdiction over the con-
struction area including those portions within COUNTY flood control right -of -way.
D. Not issue change orders of PROJECT work affecting COUNTY without
first having obtained the written concurrence of DIRECTOR.
E. Not accept improvements under the contract until DIRECTOR approves,
in writing, the construction as it affects the operations and maintenance of PROJECT
within COUNTY flood control right -of -way.
II. COUNTY SHALL:
A. Be and hereby is designated as a "Responsible Agency" for com-
pliance with CEQA.
B. Review for approval by DIRECTOR, the plans and specifications as
to design and construction features affecting the construction, operation, and main-
tenance of the portion of PROJECT within COUNTY flood control right -of -way.
C. At all times during the progress of construction within COUNTY flood
control right -of -way have access to the work thereon for the purpose of inspection
thereof; and should COUNTY deem any remedial measures to be necessary, COUNTY shall
notify CITY thereof.
D. Reimburse CITY for COUNTY's share of PROJECT. Said share shall be
Eighty -three Thousand Three Hundred Thirty -three Dollars ($83,333), and in no event
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Agreement No. 81 -064
shall the final cost to the COUNTY exceed Eighty -three Thousand Three Hundred Thirty -
three Dollars ($83,333) unless approved by COUNTY.
E. Within thirty (30) days after award of construction contract for
PROJECT by CITY, upon re,uest, transfer to CITY COUNTY's share of PROJECT costs.
III. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority, or jurisdiction
delegated to CITY under this agreement. It is also understood and agreed that, pur-
suant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY
harmless from any liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority, or jurisdiction delegated to CITY under this
agreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by COUNTY under or in connection with any work, authority of jurisdiction
not delegated to CITY under this agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold
CITY harmless from any liability by reason of anything done or omitted to be done by
COUNTY under of in connection with any work, authority, or jurisdiction not delegated
to CITY under this agreement.
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Agreement No. 81 -064
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its
Mayor and attested by its Clerk and COUNTY has caused this Agreement to be executed
by the Chairman of its Board of Supervisors, and attested by its Clerk, all thereunto
duly authorized by the City Council and the Board of Supervisors, respectively.
Dated: ,1981
ZZ � && �
Clerk of the Council
CITY OF NEWPORT BEACH
A Municipal Corporation
mayor
APP&ED AS TO FOkW.
Da e: 415/��
By.............................
.......
COUNTY OF ORANGE and ORANGE COUNTY FLOOD
CONTROL DISTRICT
A political subdivision of the
State of California
Dated: 25 _,1981 By x
The Chairm n of their Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By O w�
DW:br561(6) lO_/ —4—
-407
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE June 9 � 1981
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2272
Description of Contract Cooperative Agreement which_MWvides
Watershed. funding for Oranme County M,% Z=j= of Early Action and
Bay
Effective date of • ,- g, 19R1
Authorized by Resolution No. 10058 , adopted on June R, 19RI
Adress
Amount of Contract $ Re;mtn,rGa art Beach (City) for County's share of
project. $83, 333
WANDA E. ANDERSEN
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
5 -81
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June 8, 1981
CITY COUNCIL AGENDA
JUN 8 ?981 ITEM NO.-,,r-
1Y 1M 4AIT COUNCIL
CITY OF N50~ 16ACh
T0: CITY COUNCIL
FROM: Public Works Department
SUBJECT: COOPERATIVE AGREEMENT PROVIDING FUNDS FOR ORANGE COUNTY
EMA PORTION OF THE EARLY ACTION AND INTERIM CONTROL
FACILITIES, UPPER NEWPORT BAY WATERSHED
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and the City Clerk
to execute the subject agreement with Orange County EMA.
DISCUSSION:
The County of Orange Environmental Management Agency has
agreed to provide $83,333 to be used as a portion of the local match-
ing funds required to obtain State Water Resources Control Board funds
for the early action and interim plan facilities in the San Diego
Creek. Terms of the agreement provide for the following:
City shall:
(1) Act as lead agency for project, preparing and
processing all necessary environmental documents.
(2) Prepare plans and administer construction of
contract.
County shall:
(1) Review and approve plans for the project.
(2) Reimburse City for County's portion of project not
to exceed $83,333 unless approved by County.
Benjamin B. Nolan
Public Works Department
JW:jd
RESOLUTION NO.-1 .O 05,804
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
WHICH PROVIDES FUNDING FOR ORANGE COUNTY EMA
PORTION OF EARLY ACTION AND INTERIM CONTROL
FACILITIES TO CONTROL SILTATION IN UPPER
NEWPORT BAY WATERSHED
WHEREAS, the City of Newport Beach, County of Orange
and Department of Fish and Game are signatory agencies to the
Upper Newport Bay Settlement Agreement which provides for the
establishment of the Upper Newport Bay Ecological Reserve; and
WHEREAS, the County of Orange and Department of Fish
and Game entered into a Memorandum of Understanding dated May 20,
1981, which, in part, required the County of Orange to assist the
Department of Fish and Game and other agencies with jurisdiction
in the control and removal of accumulated settlement from the
Upper Newport Bay Ecological Reserve and the San Diego Creek
Water Shed; and
WHEREAS, the City of Newport Beach has developed the
Upper Newport Bay Early Action Plan which includes sediment
removal and the construction of one or more debris basins in the
existing San Diego Creek Channel; and
WHEREAS, the County of Orange desires to cooperate with
the City of Newport Beach in regard to said project; and
WHEREAS, an Agreement has been presented to the City of
Newport Beach specifying the terms for the County of Orange's
participation in said project; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and found them to be fair and
equitable;
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be 0
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said Agreement between the City of
Newport Beach and the County of Orange be and it is hereby
approved. The Mayor and City Clerk are hereby authorized and
directed to execute said Agreement by and on behalf of the City
of Newport Beach.
ATTEST:
City Clerk
ADOPTED this day of " ' 8 , 1981.
Mayor
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6/8/81