HomeMy WebLinkAboutSan Diego Association of Governments - SANDAG MOU; 2018-06-28; 5005322ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN DIEGO A5SOCIATION OF GOVERNMENTS
AND THE CITY OF CARLSBAD
REGARDING REGIONAL SHORELINE MONITORING PROGRAM
CoNTRACT sOO5322
^r\ This Mqmorandum of Understanding ("MOU") is made and entered into effective as of this'& aay ot Jld@.--nflfi by and between the San Diego Association of Governments
("SANDAG") and the City of Carlsbad,
RECITALS
The following recitals are a substantive part of this Agreement:
WHEREAS, SANDAG's Regional Shoreline Monitoring Program ("Program") began in 1996 to
measure the changes in beach width over time, document the benefits of sand replenishment
projects, and help to improve the design and effectiveness of beach fills; and
WHEREAS, this comprehensive approach to monitoring the shoreline provides data that can
document changes to the shoreline over time and provides important information to decision-
makers when beach replenishment efforts are contemplated; and
WHEREAS, the Program has historically been paid for on a yearly basis by coastal cities based
on miles of sandy shoreline; and
WHEREAS, the coastal cities are notified regarding their contribution for the subsequent
year's monitoring efforts during the spring of each year; and
WHEREAS, on November 18, 2016, the SANDAG Board of Directors approved continuation
of the Program for an additional five-year period and authorized the Executive Director to execute
all documents necessary to implement the Program; and
WHEREAT SANDAG entered into an agreement with BRG Consulting, lnc on
September 30,2017, to carry out beach monitoring activities for the Program from fall 2017 to
spring 2022 based on the costs shown in Attachment 1; and
WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the
purposes set forth above;
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
agree as follows:
SANDAG AGREES:
To bill the City of Carlsbad for its proportionate share of the Program in July of each year
through July 2021 as shown in Attachment 1.
1
2. Neither the City of Carlsbad nor any officer thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by SANDAG under or in
connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. lt
is understood and agreed that, pursuant to Government Code Section 895.4 SANDAG shall
fully defend, indemnify and save harmless City of Carlsbad, all officers, and employees from
all ctaims, suits or actions of every name, kind. and description brought for or on account of
injury (as defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by SANDAG under or in connection with any work, authority, or
jurisdiction delegated to SANDAG under this MOU'
THE CITY OF CARLSBAD AGREES:
1. To pay its proportionate share of the Program through July 2021 as shown in Attachment 1.
Z, Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by the City of Carlsbad under or in connection
with any work, authority, or jurisdiction delegated to the City of Carlsbad under this MOU. lt
is understood and agreed that, pursuant to Government Code Section 895.4 the City of
Carlsbad shall fully defend, indemnify, and save harmless SANDA6, all officers, and employees
from all claims, suits, or actions of every name, kind. and description brought for or on
account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by City of Carlsbad under or in connection with any
work, authority. or jurisdiction delegated to City of Carlsbad under this MOU.
THE PARflES MUTUALLY AGREE:
l. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation
of the required resources by SANDAG and the approval of the SANDAG Board of Directors.
Z. Any notice required or permitted under this MOU may be personally served on the other party,
by the party giving notice, or may be served by certified mail, return receipt requested, to the
following addresses:
For SANDAG:
San Diego Association of Governments
Attention: Sarah Pierce
401 B Street, Suite 800
San Diego, CA 92101
For the City of Carlsbad:
City of Carlsbad
Attention: Kasia Tronjanowska
1200 Carlsbad Village Drive
Carlsbad, CA 92008
3. That unless it is amended by the parties in writing, this MOU shall terminate on lune 30,2022,
or on such earller or later date as the parties may agree to in writing. Or this MOU shall
continue in effect unless and until a party to the MOU gives 50 days written notice of its
desire to withdraw from the MOU, lf such notice is given, the MOU shall continue to be
binding on those parties who have not formally withdrawn.
4. The indemnification provisions of this MOU shall survive termination of the MOU.
5. This MOU shall be interpreted in accordance with the laws of the State of California. lf any
action is brought to interpret or enforce any term of this MOU, the action shall be brought in
a state or federal court situated in the County of San Diego, State of California.
2
6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
7. For purposes of this MOU, the relationship of the parties is that of independent entities and
not as agents of each other or as joint venturers or partners. The parties shall maintain sole and
exclusive control over their personnel, agents, consultants, and operations.
B. No alteration or variation of the terms of this MOU shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein
shall be binding on any of the parties hereto.
9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in
third parties to this MOU or affect the legal liability of the parties to this MOU to third parties.
10. This MOU may be executed in any number of identical counterparts, each of which shall be
deemed to be an original, and all of which together shall be deemed to be one and the same
instrument when each party has signed one such counterpart.
lN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and
year first above written.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CARLSBAD
k Chief Deputy Executive Director Mayor
KIM
APPROVED AS TO FORM APPROVED A5 TO FORM:
u
Counsel
*0,b
ce of Legal Counsel
3
ATTACHMENT 1Regional Shoreline Monitoring Program Costs1 Regional Shoreline Monitoring Program costs for FY 2018 were billed to each jurisdiction listed above in the summer or 2O1T2 One-half of the City of lmperial Beach payment will be paid for by the Port of San Diego.4Ftt 2022Cost$23,060$'to,g88s1O,67g$20,584$9,595i1z,us$61,590$s,417s1il,7UF\t 2021Costi22,4as$10,676$'lo,3z5$1g,eee$9,323$"t2,480$59,845$5,263$150,367Flr 2020Cost{21,759$10,373$10,081$19,431$9,058]lz,tz6t59,147$s,t 13$146,098FY 2019Cost$21,726$10,353$10,06t$19,393$e,040ftz.toz$sg,ogz$5,1 03$145'810Fy 2018Costr$19,989$9,szs$9,257$tl,u2$8,3t8$t t,t3s$sE,gg:$4ogs$134,154olo otTotal14.94o/o7.10o/o6.90o/o13.3oo/o6.2Oo/o8.30o/o39.8Oo/o3.50o/olO0o/oShoreline(miles)6.53.135.82.73.617.31.5It3.5JurisdictionCarlsbadCoronadoDel MarEncinitaslmperial Beach2OceansideSan DiegoSolana BeachTotal