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.
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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
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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.
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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:
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DATE I o; �� :, C— �(
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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
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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.