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Home My WebLink AboutContracts & Agreements_88-1995_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA FCD, Gen' l. FCD ZN 3-500 January 23, 1996 Agree. No. 96-56 FROM: KEN A. MILLER, Director Transportation/Flood Control SUBJECT: AGREEMENT WITH THE CITY OF REDLANDS FOR THE MISSION ZANJA CREEK FEASIBILITY STUDY FILE: 3-500 RECOMMENDATION: Acting as the governing body of the Flood Control District, approve agreement with the City of Redlands to share funding of a feasibility study for Mission Zanja Creek. BACKGROUND: The Corps of Engineers has completed a Reconnaissance Study for the Mission Zanja Creek and has determined to initiate the Feasibility Study phase based upon cost-effective improvements identified in the Reconnaissance Study. REASON FOR RECOMMENDATION: Board approval is required to enact this agreement. REVIEW BY OTHERS: This agreement was reviewed by Deputy County Counsel Charles S. Scolastico on December 6, 1995 and Third District Supervisorial Staff on January 9, 1996. FINANCIAL DATA: The estimated cost of the Mission Zanja Creek Feasibility Study is $300,000 of which the Corps of Engineers will pay 50% ($150,000) and the Flood Control District, as the local sponsor, and the City of Redlands will share the remaining $150,000. The total cost to the District is $75,000 which has been budgeted accordingly. PRESENTER: Ken A. Miller Action of the Board of Supervisors cc: Flood Control Dist. w/agr. AGREEMENT NO. 96-56 APP ARD OF SUPERVISORS City of Redlands, w/acir. 1'11�A&Owv BERNARDINO C/o FM Auditor, w/agr. MOTION AYE mg—VE Contract Corypliance 5 4 4'1 Risk managment —ipwr- A.1------- EARLENE E BOARD PW-1 A File w/agr. BYAl ulblk W- 2 Deputy Vg DATED. 14-9507-OOC Rev, 10181 rcRnl FOR COUNTY USE ONLY �p�INTY rjpa E New Vendor Code Dept. Contract Number R 1838 c dam¢ M Change 4 t't o X Cancel County Department Dept. Orgn. Contractor's License No. FLOOD CONTROL DISTRICT 093 093 t4OFORKtA Flood Control District Contract Representative Ph. Ext. Amount of Contract VANA R. OLSON 387-25727 000 SAN BERNARDINO COUNTY Fund Dept. Organization Appr. ObjlRev Source Activity GRCIPROJlJOB Number FLOOD CONTROL DISTRICT RFM 093 093 12';FO1375 F A $ Commodity Code Estimated Payment Total by Fiscal Year FY Amount IlD FY Amount IID CONTRACT TRANSMITTAL Project Name Mission Zanja — Feasibility Study CONTRACTOR CITY OF REDLANDS Birth Date Federal ID No. or Social Security No. Contractor's Representative RONALD C. MUTTER CITY ENGINEER Address POST OFFICE BOX 3005, REDLANDS CA 92373-0629 Phone (909) 798-7655 Nature of Contract: (Briefly describe the general terms of the contract) This agreement is with the City of Redlands to share funding of the feasibility study for Mission Zanja. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Approved as to tectal Form Reviewed as to AM +ve Action Reviewed for Processing U, M► 7 # County Counsels v Agency Administrator/CAO Date Date Date 02-18489-687 Rev, 1191 BETWEEN THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND CITY OF REDLANDS FOR THE MISSION ZANJA CREEK, CA FEASIBILITY STUDY THIS AGREEMENT, entered into this d- V —day of vi U a r V 1995, by and between the SAN BERNARDINO COUNTY FLOOD CONTROL DIStRICT (hereinafter referred to as "FLOOD CONTROL"), acting as Local Sponsor and City of Redlands (hereinafter referred to as "REDLANDS") to provide funding of the Local Sponsor's 50% share for a "Feasibility Phase Study". WHEREAS, FLOOD CONTROL was agreed upon by Redlands to be the local sponsor for the Mission Zanja Creek, CA, Feasibility Study; and, WHEREAS, the Corps of Engineers has conducted a reconnaissance study of flooding in the vicinity of the Ninth Street inlet to the Mission Zanja Creek-Reservoir Canyon Drain confluence in the City of Redlands, County of San Bernardino, CA, under the authority provided by Section 205, Flood Control Act of 1948, as amended, and has determined that the further study in the nature of a "Feasibility Phase Study" (hereinafter called the "STUDY") is required to fulfill the intent of the study authority and to assess the extent of the Federal interest in participating in a solution to the identified problem; and, WHEREAS, FLOOD CONTROL, the local sponsor, and the "CORPS" will enter into an agreement, referred hereinafter as C/E's Agreement, to fund the study, where it was agreed that the authorized "Total Study Cost" shall be shared and funded 50% by the "CORPS" and 50% by the Local Sponsor; and, WHEREAS, REDLANDS will comply with C/E's Agreement; and, WHEREAS, study is currently estimated to be completed in approximately twelve (12) months and the total study costs are currently estimated to be $300,000.00 and thereby the Local Sponsor's 50% share is estimated to be $150,000,00; and, WHEREAS, Local Sponsor's share is to be totally funded by FLOOD CONTROL at 50% and REDLANDS at 50%. and FLOOD CONTROL desires to establish and guarantee in advance, funding of the Local Sponsor costs. NOW, THEREFORE, it is agreed by REDLANDS and FLOOD CONTROL as follows: 1. For purposes of this Agreement the following terms are defined, zu w ,a a) The term "STUDY" shall mean the Mission Zanja Creek, CA Feasibility Study that is being performed by the "CORPS". b) The term "Total Study Costs" shall refer to all costs incurred by the CORPS in the execution of the scope of work as has been outlined by the CORPS in the "Initial Project Management Plan" C) The term "LOCAL SPONSOR COSTS" shall mean all funds requested by the CORPS and collected from FLOOD CONTROL and REDLANDS and contributed towards the completion of the study whether they be forwarded as cash or in-kind services. 2. FLOOD CONTROL shall execute the C/E's Agreement after review and consent from REDLANDS. 3. FLOOD CONTROL shall request funds each government fiscal year from REDLANDS in an amount sufficient to satisfy 50% of the Local Sponsor Cost share as requested by the "CORPS" and make such funds available to the government within Ninety (90) days of said "CORPS" request. 4. REDLANDS shall pay its 50% share of Local Sponsor costs to FLOOD CONTROL within Forty-Five (45) days of receipt of request from FLOOD CONTROL. 5. REDLANDS funds forwarded to the Government by FLOOD CONTROL that are not dispersed or utilized by the "CORPS" for the STUDY within the Government fiscal year shall be carried over and applied as credit to the local sponsor cost of the succeeding fiscal year at the same pro-rata contribution rate. 6. REDLANDS failure to forward the requested yearly amounts to FLOOD CONTROL within Forty-Five (45) days specified time shall be cause for termination of the agreement as provided for under Section 8 herein. 7. FLOOD CONTROL shall keep books, records, documents and all other evidences pertaining to study costs and expenses incurred pursuant to this agreement to the extent and in such detail as will properly reflect total project costs. FLOOD CONTROL shall maintain said documents and make them available for review on demand by the parties of this agreement for a period of 3 years after completion of the study or termination of the agreement. 8. This Agreement shall be binding upon all parties hereto and upon their successors and assigns and shall terminate after completion of the "STUDY" as provided for under Section 9, provided that prior to such time and upon thirty (30) days written notice, any party to this agreement may terminate or suspend the agreement without penalty. 9. Within One Hundred Twenty (120) days after completion of study, FLOOD CONTROL shall provide a final accounting of Total Study Costs. Within Forty-Five (45) days thereafter FLOOD CONTROL will either request an additional funding amount from REDLANDS or subject to reimbursement by the "CORPS", return any contributions given by REDLANDS over the 50% local sponsor share of total project costs at the pro rata share of the Total Study Costs. 10. This agreement shall become effective when executed by FLOOD CONTROL and REDLANDS. 11. FLOOD CONTROL shall notify REDLANDS of any meetings and provide it with copies of communications, reports or other documents related to the STUDY and coordinate progress and obtain comments of preliminary reports prior to approval of final documents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written and they have the authority to sign on behalf of the respective parties. CITY OF REDLANDS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: �Mayor, City of�Redlands Chairman, Board of Supervisors Dated: December 19, 1995 Dated: 22 21 'Assfi SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN ATTEST: OF THE BOARD v rr By: By: Ivirvisors of Clerk C f ,lRediands argil _ li ornia Dated: December 19, 1995 Dated: APPROV FORM By: CothiCy toul4A k San Bernardino county Dated: