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HomeMy WebLinkAboutSANDAG; 2009-06-15; 5001253MEMORANDUM OF UNDERSTANDING #5001253 BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND SAN DIEGO REGION'S PARTICIPATING COASTAL JURISDICTIONS REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II This memorandum of understanding ("MOU") is made and entered into effective as of this 15th day of June 2009, by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, City of Encinitas, City of Imperial Beach, City of Oceanside, and City of Solana Beach ("Coastal Cities"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation Strategy (Strategy) that outlines an extensive beach-building and maintenance program for the critical shoreline erosion areas in the region, containing a comprehensive set of recommendations on the beach-building program and on financing and implementation; and WHEREAS, in 2001, SANDAG successfully implemented a Regional Beach Sand Project (RBSP) that placed 2.1 million cubic yards of sand on 12 beaches in the San Diego region; and WHEREAS, in 2004, SANDAG adopted the Regional Comprehensive Plan (RCP), which is a strategic land use planning framework for the San Diego region through 2030 that supports the continued implementation of the Strategy, outlining the preservation and enhancement of the region's beaches and nearshore areas as environmental and recreational resources that must be protected; and WHEREAS, the San Diego region is committed to implementing the Strategy and RCP; and WHEREAS, the region's Coastal Cities, as well as the City of Coronado, City of Del Mar, and City of San Diego, have expressed an interest and desire to implement another such project, the Regional Beach Sand Project II (the "Project") on a regional basis, as economies of scale and efficiencies would likely result in a more productive and successful project; and WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat would occur as the result of beach nourishment; and WHEREAS, in September 2008, SANDAG received a grant for Project funding from the California Department of Boating and Waterways (DBW) for $6.5 million for the first year of Project implementation in the San Diego region; and WHEREAS, SANDAG expects to receive additional funds for fiscal years 2010 and 2011 in the amount of $6.5 million for each fiscal year for Project implementation; and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region for all DBW funds expended on the Project; and WHEREAS, the Coastal Cities intend to enter into an MOD reflecting their commitment to provide the 15 percent match; and WHEREAS, the SANDAG Board of Directors approved the allocation of funds among the Coastal Cities for the planning and construction of the Project, which is based upon a methodology that includes weights for three factors; and WHEREAS, the Project methodology to allocate the 15 percent match required by DBW among the Coastal Cities will be based on the formula of 60 percent amount of sand received, 10 percent miles of coastline restored, and 30 percent population; and WHEREAS, SANDAG requires a funding commitment from each Coastal City prior to work commencing on each of the Project tasks; and WHEREAS, the total estimated Project cost of approximately $22.9 million included $500,000 in preliminary planning activities, which has been paid by the Coastal Cities and the City of Coronado, City of Del Mar, and City of San Diego; and WHEREAS, the preliminary planning activities, which began in September 2008, included an investigation of offshore sand sources and preliminary project design for the preparation of the Project; and WHEREAS, this MOD is intended to commit the parties to working on the Project beyond the stage of preliminary planning activities; and WHEREAS, the Coastal Cities agree to pay their proportional share of the Project for the first three project tasks: environmental review, permitting, and final engineering plans and specifications; and WHEREAS, the Project will be implemented based upon the following guiding principles, which are supported by the Shoreline Preservation Working Group: • commitment to unified approach for local decisions on sand replenishment, • address local needs and maximize positive regional impacts, • encourage cooperation and coordination, and • promote opportunities for beach sand replenishment; 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: 1. To manage the Project in coordination with the Coastal Cities through the Shoreline Preservation Working Group and involve the Coastal Cities in the implementation of all phases of the Project. 2. The SANDAG project manager will invoice the Coastal Cities a minimum of 30 days prior to the start date of each phase of the Project to ensure prompt payment by all parties. 3. The proportional share provided by each Coastal City shall be expended by SANDAG solely for the Project. Any funds not used will be kept by SANDAG in an interest-bearing account with interest credited to each Coastal City prorated to reflect its contribution to the Project as compared to other Coastal Cities' contributions until the completion of the Project. Unused funds will be returned to each City on a similarly pro-rated basis. 4. Neither the Coastal Cities, and each of them, 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 MOD. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless the Coastal Cities, 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 SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOD. COASTAL CITIES AGREE: 1. Each has approved their appropriation outlined in the chart below, being its proportional share of the required DBW 15 percent match for the environmental, permitting, and final engineering plans and specifications, which funds will be paid to SANDAG prior to the start date of this phase of the Project. Jurisdictions Oceanside Carlsbad Encinitas Solana Beach Imperial Beach Total Environmental Review Match $13,058 $11,335 $12,699 $4,159 $3,767 $45,018 Permitting Match $9,141 $7,934 $8,890 $2,911 $2,637 531,513 Final Engineering Plans and Specifications Match $26,118 $22,668 $25,399 $8,319 $7,533 $90,037 Total $48,317 $41,936 $46,988 $15,390 $13,937 $166,568 2. The Coastal Cities understand that SANDAG would not proceed with the Project without the assurances set forth in this MOU, reflecting the Coastal Cities' approvals of their respective appropriations, the aggregate of which will fund the Project. 3. 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 one or more of the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the applicable Coastal City(ies) shall fully defend, indemnify, and save harmless SANDAG, 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 one or more of the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. 4. It is understood that the Coastal Cities are not responsible for any damage or liability occurring by reason of anything done or omitted to be done by one or more of the other Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. Each Coastal City is responsible for their own city's actions alone. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the Coastal Cities and by the approval of the SANDAG Board of Directors. 2. 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 For City of Carlsbad 401 B Street, Suite 800 1635 Faraday Ave. San Diego, CA 92101 Carlsbad, CA 92008 Attn: Shelby Tucker Attn: Steve Jantz For City of Encinitas For City of Imperial Beach 505 S. Vulcan Ave. 825 Imperial Beach Blvd. Encinitas, CA 92024 Imperial Beach, CA 91932 Attn: Katherine Weldon Attn: Greg Wade For City of Oceanside For City of Solana Beach 1540 Harbor Drive North 635 S. Highway 101 Oceanside, CA 92054 Solana Beach, CA 92075 Attn: Frank Quan Attn: Leslea Meyerhoff 3. That unless it is amended by the parties in writing, this MOD shall terminate on December 31, 2011, or on such earlier or later date as the parties may agree to in writing. Any party wishing to withdraw from this MOU shall provide 60 (sixty) days' written notice of its desire to withdraw. If such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn, and the withdrawing party shall be responsible for its portion of the costs that SANDAG incurred prior to receiving the notice. 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. If 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. 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. 8. 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. IN WITNESS WHEREOF, the Parties hereto have executed this MOD effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS L. GAU.EGOS utive Dyector City of Carlsbad APPROVED AS TO FORM: < Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director Office of General Counsel Mayor APPROVED AS TO FORM: Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager CityofOceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas PHILLIP COTTON City Manager APPROVECWS TO) HORM Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solaria Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager City of Imperial Beach GARY BROWN City Manager City of Oceanside Glenn Sabine City Attorney APPROVED AS TO FORM 'PROVED AS TO FORM JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside v , -X JIM WOOD Mayor City of Solanj^ Beach Jim Lough City Attorney APPROVED AS TO FORM. in Mullen CitjtXttorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOD effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach) DAVID dTT City Manager John Mullen City Attorney APPROVED AS TO FORM: