Reso 1997-011 to 015 - Laserfiche WebLink

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MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE U.S. ARMY CORPS OF ENGINEERS SAN FRANCISCO DISTRICT ARTICLE I - PURPOSE AND AUTHORITY This Memorandum of Agreement ("MOA") is entered into by and between the U.S. Department of the Army ("DA"), represented by the Assistant Secretary of the Army (Civil Works) and the City of San Leandro ("City") for the purpose of establishing a mutual framework governing the respective responsibilities of the parties for the provision of DA construction management and design assistance to the City. This MOA is entered into pursuant to the Intergovernmental Cooperation Act, (31 U.S.C. § 6505). ARTICLE II - SCOPE The Jack D. Maltester Channel (formerly called San Leandro Marina) Maintenance Dredging Project was authorized by Section 201 of the Flood Control Act of 1965, approved October 27, 1965, Public Law 298, Eighty -Ninth Congress (42 U.S.C. 1962d-5), and were approved by House Document 91-428, December 15, 1970, and by Senate Resolution of June 22, 1971. The City manages and has completed the shorebird habitat enhancement in the San Leandro Dredged Material Management Site ("DMMS") pursuant to Regional Water Quality Control Board Order No. 90-013. Disposal of maintenance material in the DMMS site during the Fiscal Year 1997 ("FY") maintenance cycle would negatively impact the City's ability to provide the desired habitat during this dredging cycle. As an alternative to disposing of the FY 1997 cycle maintenance material in the DMMS, the City has agreed to furnish the incremental funds necessary for the DA to utilize Alcatraz (SF-11) disposal site. In addition, the City has agreed to furnish the funds necessary for the DA to dredge and dispose of dredged material from the non- federal berthing areas in connection with the maintenance dredging of the Jack D. Maltester Channel (hereinafter referred to as Additive Dredging). Finally, the City has requested the option of disposal of all or part of the dredged material at the DMMS be considered, in the event the Alcatraz (SF-11) site becomes infeasible due to regulatory, financial, or other reasons. Nothing in this MOA shall be construed to require the City to use the DA to provide any goods or services to the City, except as may be set forth in the Word Order(s).