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HomeMy WebLinkAbout11/16/1999, C9 - ZONE 9 AGREEMENT FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK Dab Council X11 16-99 j ac En as Report c9 CITY O F SAN LUIS O B I S P O FROM: Michael McCluskey,Pubh'c�Director Prepared By: Wayne Peterson, City Engin SUBJECT: Zone 9 Agreement for Reimbursement for Creek Management Work CAO RECOMMENDATION Approve an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 and authorize the Mayor to sign. DISCUSSION The San Luis Obispo County Flood Control and Water Conservation District Zone 9, (Zone 9), is a special taxing entity established in the mid 1970's for the purpose of addressing the causes of flooding within the San Luis Creek water shed. A portion of the property tax is assigned to Zone 9. The County Board of Supervisors acts as the governing board for Zone 9. The County Board has a committee that advises them regarding the programs and budgets of Zone 9. The City has two representatives on the Zone 9 Advisory Committee. They are Councilman David Romero and City Engineer Wayne Peterson. This agreement between the County Board of Supervisors and the City provides funding for: 1. The hiring of a consultant to prepare a Stream Corridor Management Plan for San Luis Obispo Creek Phase Il Study Area $380,000. 2. The preparation of an environmental document to accompany the Stream Corridor Management Plan for San Luis Obispo Creek Phase 11 Study Area.$170,000. The City may bill the County upon award of contracts to fulfill the described work. CONCURRENCES This agreement is consistent with the adopted 1997-99 and 1999-00 budget documents which includes funding from Zone 9 as a revenue source. This agreement has been reviewed by both Finance and Attorney offices and they concur with the recommended action. C9-1 FISCAL SACT Without approval of this agreement the City will not.be able to recover costs for the Flood Management Plan and would therefore have to reallocate money from.other programs,projects or reserves to balance the budget. This agreement and $50,000 from last year's agreement provides a total of$600,000 which funds the Phase 2 Study. The proposed Phase 2 Flood Management Plan Contract with Questa Engineering; which includes environmental documents, will cost $545,529.00. The Council has already authorized an agreement:for surveying. The Zone 9 share of that contract:is $53,821.00. Attachments Agreement- 0 C9-2 AND WATER CONSERVATION DISTRICT ZONE 9 AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND THE CITY OF SAN LUIS OBISPO FOR WATERWAY MANAGEMENT PLAN FOR SAN LUIS OBISPO CREEK This Agreement entered into the day of , 199_, between the San Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9")and the City of San Luis Obispo (hereinafter referred to as "City"); WITNESSETH WHEREAS, Flood Control Zone 9 includes the San Luis Obispo Creek(hereinafter sometimes referred to as "SLO Creek")watershed; and WHEREAS, The City of San Luis Obispo is wholly contained within this watershed and the Zone 9 boundaries; and WHEREAS, by coordinating activities the City and Zone 9 can more economically address issues within the watershed; and WHEREAS, such a cooperative program has been successfully completed in the past several fiscal years; and WHEREAS, The City and Zone 9 worked together to define the scope of work and select a consultant for the Waterway Management Plan for San Luis Obispo Creek, Phase II Study Area; and WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within Zone 9 and makes recommendations to the Board of Supervisors; and WHEREAS, the 1999/00 budget appropriates $380,000 for long-term creek drainage plan, $170,000 for creek plan environmental compliance, NOW,THEREFORE,in consideration of the mutual covenants;conditions,promises and agreements herein set forth, Zone 9 and the City mutually covenant and agree as follows: C9-3 1. Consultant Selection The City and Zone 9 shall jointly define the scope of work and select a consultant to provide professional engineering design services for the Waterway Management Plan for San Luis Obispo Creek Phase II Study Area. 2. Scope of Work The consultant doing the Phase II study .will inventory and analyze the creek system, identify and prioritize management problems and management needs, develop Design Standards and Construction Guidelines, develop a Flood Management Plan, identify maintenance needs,write a Storm-water Quality Plan,write an Environmental Review and Permitting Plan,develop an Implementation Plan and a Public Involvement Program. The Phase 11 creek study is intended to develop information necessary to comply with state and federal permitting requirements 3. Environmental Compliance The Phase II study will include preparation of an EIR/EIS to ensure environmental compliance of the plans developed in item 2, above. 4. Contract Administration The City shall hire the consultant(s) and administer the consultant contract(s). 5. Budget Zone 9 will contribute not more than$380,000 for Phase II program and plan development and not more than $170,000 for environmental compliance work. 6. Terra This agreement will terminate on June 30, 2004, or at the completion of the Waterway Management Plan for San Luis Obispo Creek study, whichever first occurs. 7. Indemnification and Sole Conduct Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims,demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. C9-4 8. Indemnification for Joint Conduct between Zone 9 and the City The City shall defend, indemnify and save harmless Zone 9, and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions and to act provided howeverthat County shall be solely responsible for the amount of judgment rendered solely against Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 9. Cooperation Zone 9 agrees to cooperate with City in the defense of any such claims or litigations. C9-5 IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first hereinabove set forth. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Zone 9 By Chairperson of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Cou I By AJOy 9? CITY OF SAN LUIS OBISPO By: Mayor, ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors tVrA—p1amsuwn% O)study.aly.agnind APPROVED AS TO FORM: Cky AWff" C9-6 MEETINu 4q :J; DATE I o; �� :, C— �( i AGREEMENT BETWEEN SAN LUIS.OBISPO COUNTY FLOOD CONTROL AND M -h4lp, WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO OUNCIL ❑CDD DIR WATERWAY MANAGEMENT PLAN FOR SAN LUISBPO CREEK ❑FIN DIR CAO ❑FIRE CHIEF E ATTORNEY Qf*DIR CICLERKIORIG ❑POLICE CHF ❑%TEAM ❑REC DIR Q'�i IG ❑UTIL DIR ❑FERs DIR This Agreement entered into the day of .the San Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9") and the City of San Luis Obispo (hereinafter referred to as "City"); WITNESSETH WHEREAS, Flood Control Zone 9 includes the San Luis Obispo Creek(hereinafter sometimes referred to as "SLO Creek") watershed; and WHEREAS, The City of San Luis Obispo is wholly contained within this watershed and the Zone 9 boundaries; and WHEREAS, by coordinating activities the City and Zone 9 can more economically address issues within the watershed; and WHEREAS, such a cooperative program has been successfully completed in the past several fiscal years; and WHEREAS, The City and Zone 9 worked together to define the scope of work and select a consultant forthe Waterway Management Plan for San Luis Obispo Creek, Phase II Study Area; and WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within Zone 9 and makes recommendations to the Board of Supervisors; and WHEREAS, the 1999100 budget appropriates $380,000 for long-term creek drainage plan, $170,000 for creek plan environmental compliance, NOW,THEREFORE,in consideration of the mutual covenants,conditions,promises and agreements herein set forth, Zone 9 and the City mutually covenant and agree as follows: RECEIVED NOV 1 6 1999 SLO CITY CLERK CPr6 Consultant Selection in ` e City and Zone 9 have jointly defined the scope of work and selected a consultant to ovide professional engineering design services for the Waterway Management Plan for n Luis Obispo Creek Phase II Study Area. 2. Scope of Work The consultant doing the Phase. II study will inventory and analyze the creek system, identify and prioritize management problems and management needs, develop Design Standards and Construction Guidelines, develop a Flood Management Plan, identify maintenance needs,write a Storm-water Quality Plan,write an Environmental Review and Permitting Plan, develop an Implementation Plan and a Public Involvement Program. The Phase 11 creek study is intended to develop information necessaryto comply with state and federal permitting requirements 3. Environmental Compliance The Phase II study includes preparation of an EIR/EIS to ensure environmental compliance of the plans developed in item 2, above. 4. Contract Administration • The City shall hire the consultant(s) and administer the consultant contract(s). 5. Budget Zone 9 will contribute not more than$380,000 for Phase II program and plan development and not more than $170,000 for environmental compliance work. 6. Tenn This agreement will terminate on June 30, 2004, or at the completion of the Waterway Management Plan for San Luis Obispo Creek study, whichever first occurs. 7. Indemnification and Sole Conduct Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act.