MEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND The City of san clemente
REGARDING preliminary planning activitIes for a
regional beach sand project
SANDAG Contract No. S1279214
This Memorandum of Understanding (MOU) is made and entered into effective as of the last signature date below, by and between the San Diego Association of Governments (“SANDAG”) and the City of San Clemente.
RECITALS
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 2012, SANDAG successfully implemented a second Regional Beach Sand Project (RBSP II) that placed 1.5 million cubic yards of sand on 8 beaches in the San Diego region; and WHEREAS, in 2021, SANDAG adopted the 2021 Regional Plan, which includes a Sustainable Communities Strategy that promotes nature-based climate solutions as a climate adaption strategy; and WHEREAS, the State of California has identified beach nourishment as a type of nature-based climate solutions; and WHEREAS, the San Diego region is committed to implementing the Strategy; and WHEREAS, the region’s coastal cities representatives on the SANDAG Shoreline Preservation Working Group have expressed an interest and desire to initiate a Regional Beach Sand Project III (RBSP III); and WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat, would occur as a result of beach nourishment; and WHEREAS, the first Phase of a RBSP III would consist of preliminary planning activities that include updating the Feasibility and Economic Analysis completed in 2007, Phase I is funded by local jurisdictions and managed by SANDAG.; and WHEREAS, the preliminary planning activities as identified in attachments to this MOU include updating the feasibility study and economic analysis done in 2007, determining lessons learned, identifying streamlining and cost saving options, and estimating the total cost for engineering, environmental and construction for a RBSP III (Preliminary Planning Activities); and WHEREAS, on September 6, 2023, the City of San Clemente submitted a Letter of Interest in participating in Phase I: Preliminary Planning Activities; and WHEREAS, the Oceanside Littoral Cell extends from Dana Point Harbor to Scripps Canyon offshore of La Jolla. The Cities located in the Oceanside Littoral Cell are Dana Point, San Clemente, Oceanside, Carlsbad, Solana Beach, Encinitas, Del Mar, portions of Orange County Parks, and portions of the City of San Diego; and WHEREAS, the City of San Clemente is located in the Oceanside Littoral Cell and shares similar shoreline erosion and coastal sediment deficit problems experienced by Oceanside Littoral Cell cities; and WHEREAS, the City of San Clemente believes approaching regional beach nourishment as a super-regional collaboration will reduce costs and enhance benefits to all cities located in the littoral cells; and WHEREAS, SANDAG led a Request for Proposals through its Environmental On-Call to solicit Phase I - Preliminary Planning Activities that included an Optional Task to include the City of San Clemente to the Scope of Work. A consultant was awarded in November 2023; and WHEREAS, activities identified within the Scope of Work include determining a lump sum cost for participating cities located outside the San Diego region (City of San Clemente) in order to participate in Phase I - Preliminary Planning Activities; and WHEREAS, SANDAG requires a written funding commitment for each participating Coastal City prior to work beginning on the Preliminary Planning Activities; and WHEREAS, this MOU does not and is not intended to commit any of the parties to working on any portion of the RBSP III beyond the stage of Preliminary Planning Activities; and WHEREAS, the total contribution for the City of San Clemente to participate is $109,511.85 (lump sum) for Preliminary Planning Activities necessary for the development of RBSP III; 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 use the City of San Clemente’s contribution solely to pay for Preliminary Planning Activities to evaluate the potential for RBSP III, which includes an investigation of offshore sand sources and preliminary project design for the preparation of a regional beach sand project. Funds will be kept by SANDAG in an interest-bearing account with interest credited to the City of San Clemente prorated to reflect its contribution to the Preliminary Planning Activities as compared to each participating City’s contributions, until the completion of the Preliminary Planning Activities. Unused funds will be returned to each participating City on a similarly pro-rated basis.
To retain the original records for at least 5 years from the date of the Preliminary Planning Activities completion and make them available to the City of San Clemente upon request.
To not proceed beyond the first phase of Preliminary Planning Activities without assurances that each participating City has entered into a subsequent memorandum of understanding reflecting the jurisdiction’s desire and commitment to participate in the RBSP III, reflecting approvals of appropriations for the phases of the RBSP III after Preliminary Planning Activities, the aggregate of which will fund the RBSP III.
Neither City of San Clemente, 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. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless City of San Clemente, 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 MOU. city of San CLemente Agrees:
The City of San Clemente will approve an appropriation of $109,511.85, such amount being its total contribution to SANDAG for the Preliminary Planning Activities, which funds will be paid to SANDAG prior to the start date of the Preliminary Planning Activities.
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 City of San Clemente under or in connection with any work, authority, or jurisdiction delegated to City of San Clemente under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4 as well as the terms of this MOU, City of San Clemente shall fully defend, indemnify, and save harmless SANDAG, its Board of Directors, all its officers, and all its 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 the City of San Clemente under or in connection with any work, authority, or jurisdiction delegated to City of San Clemente under this MOU.
The Parties Mutually Agree:
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.
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 [Insert Name Of Other Party]
401 B Street, Suite 800
[Insert Address1]
San Diego, CA 92101
[Insert Address2]
Attn: Courtney Becker
Attn: [Insert Name]
This MOU shall continue in effect unless and until a party to the MOU gives 60 (sixty) days written notice of its desire to withdraw from the MOU.
In accordance with Public Utilities Code section 132354.1(b)(4), all parties shall maintain and make available for inspection all books, documents, papers, accounting records, emails and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the MOU to the SANDAG Independent Performance Auditor. All parties shall make such materials available at their respective offices at all reasonable times during the MOU period and for three years from the date of final payment under the MOU.
The indemnification and defense provisions of this MOU shall survive termination of the MOU.
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.
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.
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 ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations.
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.
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.
Nothing in the provisions of this MOU commits either of the parties to working on and/or providing additional funding for any portion of the beach sand replenishment project beyond the stage of preliminary planning activities.
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.
This MOU may be executed and delivered by electronic signature.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective as of the last date a party provides an electronic signature below.
SAN DIEGO ASSOCIATION OF GOVERNMENTS
[INSERT FULLNAME OF OTHER PARTY]
Coleen clementson
Chief Deputy Executive Director
[INSERT NAME]
[Insert Title]
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Office of General Counsel
Legal Counsel
Exhibits:
Project Scope of Work
Project Budget
Project Schedule
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