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HomeMy WebLinkAboutC-2409 - San Diego Creek Sediment Monitoring ProgramCITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: Sept. 1, 1983 SUBJECT: Contract No. C -2409 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract San Diego Creek Sediment Monitoring Program Funding Agreements Effective date of Contract 1 Authorized by Minute Action, approved on August 8, 1983 Contract with United States Department of the Interior Address Geological Survey, District Office Water Resources Division Room W -2235, Federal Building, 2800 Cottage Way Sacramento, CA 95825 Amount of Contract See Aereement W e Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach 5 � 0- J United States Department of the Interior GEOLOGICAL SURVEY District Office Water Resources Division Room W -2235, Federal Building 2800 Cottage Way Sacramento, California 95825 August 16, 1983 Mr. John Wolter Senior Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Wolter: Attached, for your records, is one fully executed copy of a Joint Funding Agreement between the U.S. Geological Survey and the City of Newport Beach covering the period October 1, 1982 to September 30, 1983. Attachment Sincerely, Timothy J. Durbin District Chief �") `` Form 9.1366 Department of the Interior ( Sept. 1979) Geological Survey Joint Fundinq Aqreement FOR Water Resources Investigation THIS AGREEMENT is entered into as of the 1St day of October 19 82 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Newport Beach, party of the second part. 1. The puties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shallbemaintainedincooperation a sediment study in the San Diego Creek basin, hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party (a) s 41,300.00 by the pany of the fast part durin the rind October 1, 1982 to September 30, wrl (b) S 41 , 300.00 by the party of the second part during the period October 1, 1982 to September 30, 1983; (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the fast part with appropriate reimbursement thereafter by the party of the second part. Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. S. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized repmsentatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in -a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become pan of the records of that office. Copies shall be furnished to the party of the second part upon request. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR Timothy J. Durbin, District Chief By (SIGNATURE k TITLE) City of Newport Beach <<- ('L .. c . � By City Manager By By (USE REVERSE SIDE IF ADDITIONAL. SIGNATURES ARE REQUIRED) COOPERATIVE AGREEMENT SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM THIS AGREEMENT is made and entered into this If a*- day of , 1983, by and between the CITY OF IRVINE, the CITY OF NEWPORT NJ BEACH and THE IRVINE COMPANY. W I T N E S S E T H WHEREAS, the Cities of Newport Beach and Irvine have entered into a cooperative agreement with the Southern California Association of Governments for the development of a Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek basin; and, WHEREAS, an element of the Plan is to perform sediment monitoring within the San Diego Creek watershed and Newport Bay; and, WHEREAS, the U.S. Department of the Interior, Geological Survey, has approved a five -year sediment monitoring program in San Diego Creek to be funded 50% U.S. Geological Survey and 50% local; and, WHEREAS, it is anticipated that sediment monitoring within the San Diego Creek watershed and Newport Bay will be included in agreements to implement the Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek Basin now being negotiated between the Orange County Environ- mental Management Agency, the State of California Department of Fish and Game, the City of Irvine, the City of Newport Beach, and The Irvine Company; and, WHEREAS, it is desirable to begin the sediment monitoring program as soon as possible; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. SCOPE This Agreement is intended to provide local funding for prelimi- nary data collection; for the first year of the sediment monitoring program, September 1982 to September 1983; and for compilation of data. 2. CONTACT AGENCY The City of Newport Beach is to be contact agency with the U.S. Geological Survey. 3. TERM The term of this Agreement shall extend from the date of execu- tion of this Agreement to compilation of the first year's data, or June 30, 1984, whichever occurs first. 1 of 3 0 4. PROGRAM COST a. City of Irvine: Preliminary S 3,000 First Year 12,390 Total $15,390 b. City of Newport Beach Preliminary $ 3,000 First Year 12,390 $15,390 c. The Irvine Co. Preliminary $ 4,000 First Year 16,520 Total $20,520 d. U.S. Geological Survey Preliminary $10,000 First Year 41,300 Total $51,300 5. PAYMENT The City of Irvine and The Irvine Company shall make payment of their portions of the program cost to the City of Newport Beach by September 1, 1983. parties. 6. AMENDMENT This Agreement may be amended with unanimous approval of all 7. LIABILITY It is mutually understood and agreed that merely by virtue of entering this Agreement, each party neither relinquishes liability for its own actions nor assumes liability for the actions of other parties. It is the in- tent of the parties that liability of each party shall remain the same while this Agreement is in force as it was before this Agreement was made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF IRVINE Dated: 1983 ATTEST: C ty CzP6rk 2of3 By Mayo .. ,L CT ITY OF NEWPORT BEACH Dated: 1983 By Mayor ATT ST: AP OVED AS TO FORM: • City Clerk Cvitj Attorney of Newport Beach THE IRVINE COMPANY Dated: August 10 1983 By sident APPROVED AS TO FORM: Attorney f6rfhe Ir ine Comp 3 of 3 By enior ice President ^6 • BY THE CITY COUNCIL CITY Of NEWPORT BEACH AUG 0 81983 TO: CITY COUNCIL FROM: Public Works Department • c oi August 8, 1983 CITY COUNC ;AGEDA ITEM N0. -3(4 ) SUBJECT SAM .UI!EGD GREIrKcSEDl*K. WtTf}&MG FR4ltW,:P0ND1NG AGREEMENTS RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute a cooperative agreement with the City of Irvine and The Irvine Company to fund the local portion of the subject program. 2. Authorize the City Manager to execute a Joint Funding Agreement with the United States Department of Interior Geological Survey for the subject program. DISCUSSION: On January 11, 1982, the City Council approved the City's participation in the subject sediment monitoring program, to be jointly funded by The Irvine Company, the City of Irvine, the City of Newport Beach and the U.S. Department of the Interior Geological Survey (USGS). The USGS operates under the federal fiscal year (October to October) and proposed that the first full year of the program be October 1982 to October 1983. In order to begin collecting data during the last rainy season, the City entered into an agreement with the USGS to complete initial work last summer. That agreement provided $10,000 from City of Newport Beach and $10,000 from USGS last summer. The subject agreements provide for reimbursement of a portion of the preliminary cost to the City of Newport Beach and funding for the first year of the program. It is anticipated that continuation of the sediment monitoring program will be included in future agreements to implement the Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek basin now being discussed among the Orange County EMA, State Department of Fish and Game, the City of Newport Beach, the City of Irvine, and The Irvine Company. The cooperative agreement to fund the local portion of the sediment monitoring program has been executed by The Irvine Company, and is scheduled for approval at the City of Irvine council meeting on August 9. Terms of the agree- ment provide for funding as follows: City of Irvine City of Newport Beach The Irvine Company Total Local Share USGS Total Cost Preliminary Cost $ 3,000 3,000 4,000 $10,000 10,000 $20,000 First Year Proqram Cost $12,390 12,390 16,520 $41,300 41,300 $82,600 • 0 I. August 8, 1983 Subject: San Diego Creek Sediment Monitoring Program Funding Agreements Page 2 The Joint Funding Agreement with the USGS provides for the first year of the program. Terms of the agreement are as follows: 1. USGS - -Data collection and report 2. City of Newport Beach- -Local contact agency 3. Funding: USGS $41,300 Local 41,300 Total Cost $82,600 The current budget contains a $20,000 appropriation for the City's share of this project. Benjamin B. Nolan Public Works Director JW:jd E 0 ' Fero 9.1366 Department of the Interior (Sept. 1975) Geological Survey Joint Fundinq Aqreement FOR Water Resources Investigation THIS AGREEMENT is entered into as of the 1St day of October 19 82 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Newport Beach, party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shallbennintainedincooperation a sediment study in the San Diego Creek basin, hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party (a) s 41, 300.00 by the party of the first part durin the riod October 1, 1982 to September 30, �98 (b) $ 41 ,300.00 by the party of the second part during the period October 1, 1982 to September 30, 1983; (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second part. Each party shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the fast part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office. Copies shall be furnished to the party of the second part upon request. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The naps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR By Timothy J. Durbin, District Chief (SIGNATURE B TITLE) City of Newport Beach By City Itanager BY By (USE RLVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) 1?9 ; Iasi C - 32-7i t a I • UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY District Office Water Resources Division 855 Oak Grove Avenue Menlo Park, California 94025 July 29, 1982 Mr. John Walter Cooperative Projects Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Walter: Attached for your records is one fully executed copy of a joint funding agreement between the U.S. Geological Survey and the City of Newport Beach covering the period May 20, 1982, to Septenber 30, 1982. Attachment Very truly yours, Alan P. Rankin Budget Analyst Fom 9.1366 Department of the Interior (Sayc. 1919) , Geological Survey Joint Funding Agreement FOR Water Resources Investigations THIS AGREEMENT is entered into as of the 20th day of May, 1982 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the frrt part, sod the City of Newport Beach, Perry of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shallbe maintained incooperation a sediment study in the San Diego Creek basin, hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any general administrative or accounting work in the office of either party and excluding the cost of publication by either.party of the results of the program. (a) f 10,000 by the party of the rust part during the period May 20, 1982, to September 30, 1982; (b) $10,000 by the party of the second part during the period May 20, 1982, to September 30, 1982; (c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and regulations respectively governing each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the party of the rust part with appropriate reimbursement thereafter by the party of the second part. Each parry shall furnish to the other party such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4. The field and office work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. S. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the progress of the work all operations of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office. Copies shall be furnished to the party of the second part upon request. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The raps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE / INTERIOR B Timothy J. Dttt{ >n, istrict Chief Y (SIGNATURE a TITLE) City f Newport Beach By ) ' 1 By By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) GPO : 1980 0 - 324 -781