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HomeMy WebLinkAboutFresno Irrigation District, Clovis, and Fresno County - Big Dry Creek Consultant - 2021 COST SHARE AGREEMENT FOR CONSULTANT SERVICES RELATED TO LEGISLATIVE SUPPORT FOR BIG DRY CREEK RESERVOIR OPERATIONAL CHANGES 4) This Agreement is entered into on this day of 2021 (Effective Date), by and between the Fresno Irrigation District (FP.`the City of CI is (Clovis), the City of Fresno (Fresno), and the County of Fresno (County) (herein each individually called a Party and Oz o collectively the Parties). w a) U U_ ,t 0 N WITNESSETH: WHEREAS, the Fresno Metropolitan Flood Control District (FMFCD) operates the Big Dry Creek Dam and Reservoir for flood protection in accordance with the 1994 Water Control Manual under a Local Cooperation Agreement with the US Army Corps of Engineers; and WHEREAS, the Parties and FMFCD are signatories to an agreement that allows for the disposal of waters from Big Dry Creek Reservoir into FID's canal system for flood protection and distribution to basin and recharge facilities to benefit the region; and WHEREAS, the Parties and FMFCD desire to reevaluate the operational requirements of Big Dry Creek Dam and Reservoir to allow for increased conservation storage; and WHEREAS, the Parties desire to support FMFCD's initial efforts to add language to the United States Congress 2020 Water Resources Development Act to allow for the study of the reoperation of Big Dry Creek Reservoir and to work with the United States Army Corp of Engineers to complete initial studies regarding the reoperation of Big Dry Creek Reservoir; and WHEREAS, the Parties and FMFCD have met with Austin Ewell (Consultant) and the Parties desire to hire Consultant to assist with gaining legislative support for the reoperation of Big Dry Creek Reservoir; and WHEREAS, FID previously hired the Consultant to assist with getting the required language added to the 2020 Water Resources Development Act (Previous Project), for a total cost of $50,000, and Clovis, Fresno, and County desire, in connection with the engagement of the Consultant for gaining legislative support for the reoperation of Big Dry Creek Reservoir, to contribute a share of FID's costs to hire the Consultant for that work. The Parties and FMFCD therefore agree as follows: 1. Retention of Consultant by FID. FID shall retain the services of Consultant to assist with making key legislative contacts to gain legislative support for the reoperation of Big Dry Creek Reservoir (Current Project). 2. Period of Consultant's Retention. Within 15 days of the Effective Date of this Agreement, FID shall retain Consultant on the Current Project for a period of up to 12 months, in any case not extending beyond December 31, 2021, at a total cost not to exceed $3,000 per month. 2021 Cost Share Agreement- Legislative Support Services Big Dry Creek Operational Changes Austin Ewell The Parties agree that Consultant's costs shall include his travel, phone, mileage, postage, copying and other charges, all of which are included in the $3,000 per month cap. 3. Cost Sharing. FID, Clovis, Fresno, and the County shall equally share in the cost of the Consultant for the Current Project, with each Party paying 25% of the cost of the Consultant for the Current Project. As additional consideration for FID's engagement of the Consultant for the Current Project, each of Clovis, Fresno, and the County shall pay $12,500 to FID, which amount is 25% of the cost that FID paid to the Consultant for the Previous Project. 4. Invoices and Payment. FID shall invoice Clovis, Fresno, and the County monthly at the addresses specified in Section 6 below, for their respective portions of the cost. FID shall submit each invoice within 60 days after the month in which the Consultant performs services on the Current Project. The first invoice shall include the additional consideration ($12,500) that Clovis, Fresno, and the County have each agreed to pay to FID under the second sentence of Section 3 above. Clovis, Fresno, and the County shall pay each correctly completed and timely submitted invoice within 45 days after receipt at the address for FID specified in Section 6 below. Payments under this Agreement are not contingent upon Consultant obtaining the desired result. Alternately, each of Clovis, Fresno, and the County, at the respective sole discretion of each, may pay its portion of the invoices in one lump sum of nine thousand dollars and zero cents ($9,000.00) covering Consultant expenses for the length of the agreement (12 months), plus the additional consideration ($12,500) that Clovis, Fresno, and the County have each agreed to pay to FID under the second sentence of Section 3 above. 5. Further Agreements. The Parties acknowledge that additional agreements will be necessary to provide for the actual evaluation and study of the reoperation of Big Dry Creek Dam and Reservoir, as well as any potential construction improvements. The Parties commit to negotiate such agreements in a timely fashion and in good faith. 6. Notices. The persons and their addresses having authority to give and receive notices, invoices, and payments provided for or permitted under this Agreement include the following: For FID: For Fresno: Bill Stretch Michael Carbajal General Manager Director of Public Utilities Fresno Irrigation District City of Fresno, Public Utilities Dept. 2907 S. Maple Ave. 2600 Fresno Street, Room 4019 Fresno, CA 93725 Fresno, CA 93721 Page 2 of 7 2021 Cost Share Agreement- Legislative Support Services Big Dry Creek Operational Changes Austin Ewell For Clovis: For County: Scott Redelfs Steve White Director of Public Utilities Director of Public Works and Planning City of Clovis County of Fresno 155 Sunnyside Avenue 2220 Tulare Street, 6th Floor Clovis, CA 93611 Fresno CA 93721 Any Party may change the information above by giving notice as provided in this Section 6. All notices and invoices provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by Portable Document Format (PDF) document attached to an email. A. A notice delivered by personal service is effective upon service to the recipient. B. A notice delivered by first-class United States mail is effective three business days after deposit in the United States mail, postage prepaid, addressed to the recipient. C. A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. D. A notice delivered by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising from or related to this agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 7. Termination for Non-Allocation of Funds. The terms of this Agreement are contingent upon the approval of funds by the appropriating government agencies. If sufficient funds are not allocated, then any Party, upon at least 30 days' advance written notice to the other parties may terminate this Agreement. 8. State Audit Requirements. If the compensation to be paid by any public entity under this Agreement exceeds $10,000, each Party subject to Government Code section 8546.7, shall be subject to the examination and audit of the California State Auditor for a Page 3 of 7 2021 Cost Share Agreement - Legislative Support Services Big Dry Creek Operational Changes Austin Ewell period of three years after final payment under this Agreement. This section survives the termination of this Agreement. 9. General Provisions. A. This Agreement is binding upon and shall inure to the benefit of any successors or assigns of the Parties. B. No Party to this Agreement may assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other Parties. C. Any dispute not resolvable by informal arbitration between the Parties to this Agreement shall be adjudicated in a court of law under the laws of the State of California. D. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall only be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought and maintained in the Fresno County Superior Court. E. This Agreement represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. F. This Agreement may not be modified or altered except by writing signed by all Parties. G. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in full force and effect, and the Parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the Parties' original intent. H. In the event any Party commences any action, arbitration or legal proceeding for the enforcement of this Agreement, the prevailing Party, as determined by the court or arbitrator, shall be entitled to recover its attorney's fees and court costs included in the action brought thereon. I. Each Party represents and warrants that the individual signing this Agreement is duly authorized to do so and their signature on this Agreement legally binds that Party to the terms of this Agreement. J. Section headings are provided for convenience only and are not part of this Agreement. Page 4 of 7 2021 Cost Share Agreement- Legislative Support Services Big Dry Creek Operational Changes Austin Ewell K. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the Parties. L. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 5 of 7 2021 Cost Share Agreement - Legislative Support Services Big Dry Creek Operational Changes Austin Ewell In witness whereof, is executed on this day and year first above written. FRESNO IRRIGATION DISTRICT (FID) CITY OF CLOVIS (CLOVIS) By: By: Name: Name: Title: Title: Date: Date: CITY OF FRESNO, COUNTY OF FRESNO A California municipal corporation By: Thomas sq , City Manager Steve Brandau, Chairman of the Board Date: of Supervisors of the County of Fresno APPROVED AS TO FORM: Date: DOUGLAS T. SLOAN City Aft rn y ATTEST: By: SI I Bernice E. Seidel enni.ter M Quintanilla Date Clerk of the Board of Supervisors Senior Deputy City Attorney County of Fresno, State of California ATTEST: YVONNE SPENCE, MMC By City Cler Date Deputy By. d� ,1 Date Deputy JJ Page 6 of 7 2021 Cost Share Agreement- Legislative Support Services Big Dry Creek Operational Changes Austin Ewell In witness whereof, is executed on this day and year first above written. FRESNO IRRIGATION DISTRICT (FID) CITY OF CLOVIS (CLOVIS) By: Ot Name: Bill Stretch Name: Title: General Manager Title: Date: 5-18-2021 Date: CITY OF FRESNO, COUNTY OF FRE NO A California municipal corporation By: Thomas C. Esqueda, City Manager Steve Bra dau, Chairman of the Board Date: of Supervisors of the County of Fresno APPROVED AS TO FORM: Date: :Yul" ti3 a.zal _ DOUGLAS T. SLOAN �7 City Attorney ATTEST: Bernice E. Seidel By. Clerk of the Board of Supervisors Date Senior Deputy City Attorney County of Fresno, State of California ATTEST: YVONNE SPENCE, MMC By 13 � City Clerk Date Deputy By: Date Deputy Page 6 of 7 2021 Cost Share Agreement-Legislative Support Services Big Dry Creek Operational Changes Austin Ewell In witness whereof, is executed on this day and year first above written. FRESNO IRRIGATION DISTRICT (FID) CITY OF CLOVIS (CLO IS) By: By:', 2nLL� Name; Name: Scott Redelfs Title: Title: public Utilities Director Date: Date: .S// Z�.� CITY OF FRESNO, COUNTY OF FRESNO A California municipal corporation By: Thomas C. Esqueda, City Manager Steve Brandau, Chairman of the Board Date: of Supervisors of the County of Fresno APPROVED AS TO FORM: Date: DOUGLAS T. SLOAN City Attorney ATTEST: By. Bernice E. Seidel Date Clerk of the Board of Supervisors Senior Deputy City Attorney County of Fresno, State of California ATTEST: 8 YVONNE SPENCE, MMC y City Clerk Date Deputy By- Date Deputy Page 6 of 7 2021 Cost Share Agreement- Legislative Support Services Big Dry Creek Operational Changes Austin Ewell Acknowledgment of Agreement The Fresno Metropolitan Flood Control District recognizes that it is not a party to, and has no rights or obligations under, the "COST SHARE AGREEMENT FOR CONSULTANT SERVICES RELATED TO LEGISLATIVE SUPPORT FOR BIG DRY CREEK RESERVOIR OPERATIONAL CHANGES" above, but acknowledges that agreement by its signature below. FRESN METROPOLITAN FLOOD CONTROL DISTRICT By: � �� l Name: Peter Sanchez Title: Interim General Manager-Secretary Date: 05/19/2021 Page 7 of 7