RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

ACTING AS THE GOVERNING BOARD OF THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT

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RESOLUTION AUTHORIZING THE COUNTY MANAGER TO EXECUTE AMENDMENT ONE TO THE AGREEMENT BETWEEN THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY AND ITS MEMBER AGENCIES, WHICH SPECIFIED THE ROLES AND RESPONSIBILITIES OF THE JOINT POWERS AUTHORITY AND ITS MEMBER AGENCIES IN CONJUNCTION WITH THE ARMY CORPS OF ENGINEERS’ SAN FRANCISQUITO CREEK FEASIBILITY AND COST SHARE AGREEMENT

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, acting as the governing body of the San Mateo County Flood Control District (District), that

 

WHEREAS, the District is a member of the San Francisquito Creek Joint Powers Authority (SFCJPA); and

 

WHEREAS, San Francisquito Creek (Creek) has a history of flooding the communities in and around East Palo Alto, Menlo Park and Palo Alto; and

 

WHEREAS, the Army Corps of Engineers (Corps), working with the SFCJPA, completed a Reconnaissance Study for San Francisquito Creek which indicated a federal interest in developing a flood control project for San Francisquito Creek thereby allowing the Corps to progress to the Feasibility Study (the “Feasibility Study”) phase provided a Feasibility Cost Sharing Agreement (FCSA) with a local sponsor was executed; and

 

WHEREAS, the SFCJPA was authorized to be the “Local Sponsor” for the Study and entered into a FCSA with the Corps; and

 

WHEREAS, the FCSA required the SFCJPA to contribute to the Corps, in cash or in-kind services, fifty percent (50%) of the cost of the Corps’ Study as defined in the FCSA; and

 

WHEREAS, the District and the Santa Clara Valley Water District, on behalf of themselves and the other members of the SFCJPA within their respective jurisdictions, entered into a Three Party Funding Agreement with the SFCJPA to provide up to $1,500,000 each to fund the local share of Study costs prior to the execution of the FCSA; and

 

WHEREAS, the District’s funding contribution of a not-to-exceed amount of $1,500,000 is being financed from the San Francisquito Creek Flood Control Zone; and

 

WHEREAS, the SFCJPA and its member agencies have executed an Agreement (the “R & R Agreement”) which specified the roles and responsibilities of the SFCJPA and its member agencies in conjunction with Feasibility Study as they relate to: funding sources to finance the additional cost of the Feasibility Study with the inclusion of the tidal areas, mutual objectives, cooperation during implementation of the FCSA, management of the FCSA and the Feasibility Study, approval of work products, local outreach, and additional funding/advance funding/in-kind contributions by the member agencies; and

 

WHEREAS, the R & R Agreement provides for addendums that can be executed by the member agency’s chief executive officer and may be used for additional funding/advanced funding/in-kind contributions for tasks that are of a technical or planning nature and have a cost estimate less than or equal to $100,000; and

 

WHERAS, given the inconsistent appropriations from the federal government for the Study and associated affect on the Study timeline, it is appropriate to Amend the R & R Agreement to allow for additional funding/advance funding/in-kind contributions for the Feasibility Study, the grouping of proposed tasks, and remove the cost limitations for said contribution; and

 

WHEREAS, execution of Amendment One to the R & R Agreement (“Amendment One”) will assist the SFCJPA and its member agencies in completing the Study in a more cost effective and timely manner; and

 

WHEREAS, the Director of Public Works has recommended that this Board authorize the County Manager to execute said Amendment One on behalf of the District and this Board concurs in the recommendation of the Director of Public Works.

 

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that:

 

The County Manager is hereby authorized and directed to execute on behalf of the San Mateo County Flood Control District, said Amendment One to the Agreement between the San Francisquito Creek Joint Powers Authority and its Member Agencies, which specified the roles and responsibilities of the Joint Powers Authority and its member agencies in conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility and Cost Share Agreement.

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