Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works
FOR: City Council Meeting of August 28, 2023
SUBJECT: Public Works Mutual Aid Agreement with San Bernardino County Flood Control District
RECOMMENDATION:
That the City Council:
1. Approve and authorize the Mayor to execute a Public Works Mutual Aid Agreement with the San Bernardino County Flood Control District; and
2. Designate the City Manager the Public Works Mutual Aid Coordinator on all matters relative to Public Works Mutual Aid for the City; and
3. Designate the Director of Development Services/City Engineer the Alternate Public Works Mutual Aid Coordinator on all matters relative to Public Works Mutual Aid for the City; and
4. Authorize the City Manager or his designee to administer the terms of the agreement.
BACKGROUND/DISCUSSION:
In October 1989, the Public Works Mutual Aid Agreement was established to provide a means for public works agencies to receive mutual aid quickly following a catastrophic disaster. The Agreement directs the sharing of resources and reimbursement procedures when emergency personnel, equipment and facility assistance are provided between agencies during a disaster. It is entirely voluntary and participating agencies are under no obligation to provide resources.
On March 26, 2018, City Council approved a Public Works Mutual Aid Agreement (Agreement) and designated the City Manager the Public Works Mutual Aid Coordinator (Coordinator) on all matters relative to Public Works Mutual Aid for the City. City Council also designated the Public Works Director/City Engineer the Alternate Public Works Mutual Aid Coordinator (Alternate Coordinator). The Agreement executed in 2018 has since expired and both parties have continued to work together under the terms and conditions of the Agreement.
Continuing to be a party to the Agreement establishes a clear avenue to receive and/or provide reimbursable assistance during a declared emergency. Typically, a proclamation of a local emergency by the City Manager is necessary to initiate the actions identified in the Agreement.
If the Governor or the President declares a disaster, agencies that have received assistance through the Agreement can request reimbursement from the State and Federal government. In turn, agencies providing aid will be reimbursed by the requesting jurisdiction.
The Agreement requires the designation of a Coordinator (typically the City Manager or Public Works Director) on all matters relative to public works mutual aid for the City. The Coordinator may designate an Alternate Coordinator in the event the person assigned as the Coordinator is unavailable during the disaster.
During a disaster, the Coordinator and/or Alternate Coordinator is authorized to request public works resources and bind the agency for the cost of these resources. The Coordinator also has the authority to provide agency resources of personnel and equipment to the agency impacted by the disaster. Staff is recommending the City Manager be designated the Coordinator and the Director of Development Services/City Engineer be designated the Alternate Coordinator.
Under the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment and materials provided as required by the guidelines within the Federal Emergency Management Agency (FEMA) administered Stafford Act and the California Disaster Assistance Act (CDAA). The requesting party is also responsible for the safekeeping of the resources provided by the assisting party, which includes housing, food and equipment/vehicle fuel and services.
The proposed Agreement allows the City and San Bernardino County Flood Control District (SBCFCD) to provide mutual aid for low value Public Works tasks valued under $75,000 for flood control facilities within the City of Yucaipa not accepted by SBCFCD for maintenance. The Agreement includes a cap of $150,000 per year for each agency. The scope of services includes repairs, providing heavy equipment, repair of fencing, minor basin excavation, culvert repairs and miscellaneous repairs of drainage facilities. Under the proposed Agreement, SBCFCD forces and equipment could also be utilized to supplement City staff resources in addressing repairs to City drainage facilities, if necessary, during emergency situations.
The Agreement could also be used for routine maintenance where it is determined by either parry that more efficient maintenance, clean up, or repair of public drainage/transportation facilities and related appurtenances can be achieved by the other agency's work force.
Previous events necessitating the need for mutual aid agreements include wildfires and significant storm events following those wildfires in the Yucaipa area. On September 6, 2020, the Yucaipa City Manager proclaimed a Local Emergency due to the El Dorado Fire in Yucaipa. The fire burned approximately 23,000 acres and watersheds affected by the fire include Wilson Creek, Spoor Creek, and Oak Glen Creek along with various local drainage tributaries.
On December 14, 2021, the Yucaipa City Manager proclaimed a Local Emergency due to the December 2021 Storm Event. Heavy rainfall and severe flooding caused significant damage to the Spoor Canyon area and Wilson Creek crossing at Jefferson Street, and multiple flood control facilities were impacted by debris flows from the El Dorado Fire Areas.
FISCAL IMPACT
None.
Attachment:
1. Public Works Mutual Aid Agreement
Approved by:. =��� c
ATTACHMENT 1
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAP Number
San Bernardino County
Flood Control District
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Sameh Basta
909-387-8040
City of Yucaipa
Scott Washburn
909-787-2489
5 years
$75,000 per project; $150,000
annually
1930002526
WITNESSETH
WHEREAS, flood control facilities, access roads, and related appurtenances within the jurisdiction of the City of Yucaipa (CITY) need occasional maintenance and repair; and WHEREAS, Section 54981 of the California Government Code authorizes the legislative body of any local agency to contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former; and
WHEREAS, the San Bernardino County Flood Control District Act authorizes the San Bernardino County Flood Control District (DISTRICT) to contract with CITY for the maintenance, construction, or repair of CITY flood control facilities, access roads, and related appurtenances within CITY's jurisdiction if the CITY'S legislative body determines that it is necessary for the more efficient maintenance and repair of said facilities, access roads, and appurtenances; and
Standard Contract Page 1 of 8
WHEREAS, the CITY's legislative body finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with DISTRICT for DISTRICT to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined in the Agreement below), on CITY's flood control facilities, access roads, and related appurtenances (DISTRICT CONTRACT WORK); and
WHEREAS, DISTRICT CONTRACT WORK will be performed by DISTRICT staff; and/or DISTRICT contractors; and
WHEREAS, DISTRICT CONTRACT WORK will not exceed $75,000 per project and CITY will reimburse DISTRICT for all costs incurred by DISTRICT in performing such DISTRICT CONTRACT WORK requested by CITY and completed by DISTRICT; and
WHEREAS, the San Bernardino County Flood Control District Act also authorizes DISTRICT to contract with CITY for CITY to perform maintenance, construction, or repair of DISTRICT flood control facilities, access road, and related appurtenances within CITY's sphere of influence as defined by the San Bernardino County Local Agency Formation Commission (CITY's SPHERE); and
WHEREAS, DISTRICT finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with CITY for CITY to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined in the Agreement below), on DISTRICT's flood control facilities, access roads, and related appurtenances located within CITY'S SPHERE (CITY CONTRACT WORK); and
WHEREAS, CITY CONTRACT WORK will be performed by CITY staff; and WHEREAS, CITY CONTRACT WORK will not exceed $75,000 per project and DISTRICT will reimburse CITY for all costs incurred by CITY in performing CITY CONTRACT WORK as requested by DISTRICT and, completed by CITY; and
WHEREAS, DISTRICT and CITY desire to set forth their respective responsibilities and obligations as they pertain to the work described in this Agreement.
NOW, THEREFORE, DISTRICT AND CITY MUTUALLY AGREE AS FOLLOWS:
1.0 For DISTRICT CONTRACT WORK provided to CITY:
DISTRICT AGREES TO:
1.1 Schedule requested DISTRICT CONTRACT WORK upon receipt of a written "Notice to Proceed" from CITY and to provide to CITY a schedule of work days anticipated for the DISTRICT CONTRACT WORK for CITY's concurrence. DISTRICT, through its designated, authorized representative identified in Paragraph 3.5.2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to CITY.
1.2 Utilize DISTRICT's labor force or contractors in providing services under this Agreement.
1.3 Obtain a no -cost permit from CITY for any DISTRICT CONTRACT WORK to be performed within CITY's right-of-way.
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1.4 Upon completion of each individual DISTRICT CONTRACT WORK assignment, submit to CITY an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT and an invoice for any related costs.
1.5 DISTRICT shall require all contractors and vendors providing DISTRICT CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the CITY and DISTRICT. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, DISTRICT shall require and ensure that all DISTRICT contractors performing DISTRICT CONTRACT WORK shall have insurance policies that contain endorsement naming the CITY and its officers, employees, agents, and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement from ISO, CG 2010.11 85.
1.6 Require DISTRICT's contractors to comply with all applicable laws and regulations, including Labor Code section 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
CITY AGREES TO:
7 Provide DISTRICT a written Notice to Proceed for any authorized work requested by CITY. 8 Provide a no -cost permit to DISTRICT for its work within CITY's right-of-way. 9 After DISTRICT completes each individual DISTRICT CONTRACT WORK assignment and submits an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT along with an invoice, to reimburse DISTRICT for DISTRICT CONTRACT WORK costs within sixty (60) days after receipt of invoice. Any disputes concerning invoices must be resolved within sixty (60) days after receipt of invoice. The invoiced amount shall be paid by the CITY if disputes are not resolved within this period. Following resolution of invoicing disputes, any determined overpayment shall be refunded to CITY.
1.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the DISTRICT CONTRACT WORK with the DISTRICT.
1.11 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing any required CEQA documents.
2.0 FOR CITY CONTRACT WORK PROVIDED TO DISTRICT:
CITY AGREES TO:
2.1 Schedule the requested CITY CONTRACT WORK upon receipt of a written "Notice to Proceed" from the DISTRICT and provide to DISTRICT a schedule of work days anticipated for the CITY CONTRACT WORK for DISTRICT's concurrence. CITY, through its designated, authorized representative identified in Paragraph 3.5.2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to DISTRICT.
2.2 Utilize CITY's labor force or contractors in providing services under this Agreement.
2.3 Obtain a no -cost permit from DISTRICT for any CITY CONTRACT WORK within DISTRICT's right- of -way.
Revised 1 /10/23 Page 3 of 8
2A Upon completion of each CITY CONTRACT WORK assignment, submit to DISTRICT an itemized accounting of CITY CONTRACT WORK costs incurred by CITY and an invoice for any related costs.
2.5 CITY shall require all contractors and vendors providing CITY CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the CITY and DISTRICT. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, CITY shall require and ensure that all CITY contractors performing CITY CONTRACT WORK shall have insurance policies that contain endorsement naming the COUNTY and its officers, employees, agents, and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement from ISO, CG 2010.11 85.
2.6 Require CITY's contractors to comply with all applicable laws and regulations, including Labor Code section 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
DISTRICT AGREES TO:
2.7 Provide CITY a written Notice to Proceed for any authorized work requested by DISTRICT.
2.8 Provide a no -cost permit to CITY for its work within DISTRICT's right-of-way.
2.9 After CITY completes each individual CITY CONTRACT WORK assignment and submits an itemized accounting of actual CITY CONTRACT WORK costs incurred by CITY, along with an invoice, to reimburse CITY for CITY CONTRACT WORK costs within sixty (60) days after receipt of invoice. Any disputes concerning invoices must be resolved within sixty (60) days after receipt of invoice. The invoiced amount shall be paid by the DISTRICT if disputes are not resolved within this period. Following resolution of invoicing disputes, any determined overpayment shall be refunded to DISTRICT.
2.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CITY CONTRACT WORK with the CITY.
2.11 Comply with any applicable CEQA requirements as well as completing any required CEQA documents.
3.0 IT IS MUTUALLY AGREED:
3.1 DISTRICT CONTRACT WORK and CITY CONTRACT WORK may include but shall not be limited to: maintenance or emergency repair of flood control facilities, access road, and related appurtenances, as well as providing heavy equipment for storm debris cleanup, repair of fencing, minor basin excavation and facility repair, culvert repair, miscellaneous drainage repairs, and any other CONTRACT WORK mutually agreed upon by the PARTIES (CITY and DISTRICT).
3.2 The cost of any individual project performed as DISTRICT CONTRACT WORK or CITY CONTRACT WORK shall not exceed seventy-five thousand dollars ($75,000).
3.3 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred and fifty thousand dollars ($150,000) per fiscal year, absent a prior written amendment to this Agreement. The Total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred and fifty thousand dollars ($150,000) per fiscal year, absent a prior written amendment to this Agreement.
3.4 CITY or DISTRICT is only responsible to provide the CONTRACT WORK of facilities Revised 1/10/23 Page 4 of 8
identified in the Notice to Proceed from the requesting PARTY (CITY or DISTRICT) and agreed to by the PARTY performing the work (CITY or DISTRICT). After completion of CONTRACT WORK on any particular facility, the requesting PARTY (CITY or DISTRICT) shall be responsible for all future maintenance and repair work, unless the party performing the work (CITY or DISTRICT) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written Notice to Proceed.
3.5 The requesting PARTY (CITY or DISTRICT) shall prepare and submit to the PARTY performing the work (CITY or DISTRICT) a Notice to Proceed that outlines the work requested within the scope and budget limitations of this Agreement.
3.5.1 The Notice to Proceed shall include the location of such work (i.e., the flood control facility or facilities and/or or access road(s)), the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement.
3.5.2 The DISTRICT Chief Flood Control Engineer and the CITY Director of Public Works/City Engineer shall each have the authority to provide estimates and approve CONTRACT WORK projects up to $75,000 per project, subject to the overall annual maximum amount of $150,000 per PARTY specified in Section 3.3, above.
3.5.3 The party performing the work shall provide cost estimates and project schedules for review by the requesting PARTY using Board of Supervisors (BOARD)/ City Council (COUNCIL) approved labor and equipment rates that include fringe and overhead for actual employee classifications, Department equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs.
If requested, the estimate of cost will be provided to the requesting PARTY prior to the commencement of work.
3.5.4 Neither PARTY is required to perform work tasks under this Agreement and each PARTY's representative identified in Paragraph 3.5.2 may decline to perform the requested work in his or her sole discretion.
4.0 IT IS FURTHER UNDERSTOOD AND AGREED:
4.1 The Effective Date of this Agreement shall be the first date on which all of the following has occurred: (1) the CITY's Council and DISTRICT's governing board (the San Bernardino County Flood Control District Board of Supervisors) have approved the Agreement; (2) the authorized representative of each has signed the Agreement; and (3) a fully executed copy of the Agreement has been submitted to CITY and DISTRICT.
4.2 This Agreement shall terminate on June 30, 2028, except with respect to the indemnification obligations contained herein, which shall survive termination of this Agreement.
4.3 Insurance and Indemnification
4.3.1 DISTRICT and CITY are authorized self -insured public entities for purposes of Revised 1/10/23 Page 5 of 8
Professional Liability, General Liability, Automobile Liability, and Worker's Compensation and warrant that through their respective programs of self- insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions, or obligations of this Agreement.
4.3.2 Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of DISTRICT under or in connection with any work, authority, orjurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, DISTRICT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of DISTRICT under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement.
4.3.3 Neither DISTRICT nor any officer or employee of DISTRICT shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement.
4.3.4 In the event DISTRICT and/or CITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, DISTRICT and/or CITY shall indemnify the other to the extent of its comparative fault.
4.3.5 CITY and DISTRICT agree to waive all rights of subrogation against each other.
4.4 All notices, approvals, consents, or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
City of Yucaipa San Bernardino County Flood Control District 34272 Yucaipa Blvd, 825 E. 3rd Street
Yucaipa, CA 92399-9950 San Bernardino, CA 92415-0835
Attn: Deputy Director of Attn: Chief Flood Control Engineer Public Works
4.5 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or Revised 1/10/23 Page 6 of 8
performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.
4.6 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purposes of this Agreement are frustrated. The PARTIES agree to work together in good faith to replace such provision(s) with a valid and enforceable provision(s) that achieves, to the extent possible, the original intent of the Agreement, for the mutual benefit of the PARTIES. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs, including attorney's fees. This provision concerning costs shall not apply to costs or attorney's fees relative to paragraphs 4.3.
4.7 This Agreement contains the entire Agreement of the PARTIES with respect to subject matter hereof, and supersedes all other prior negotiations, understandings, or contracts. No supplement, modification, or amendment of this Agreement shall -be binding unless executed in writing and signed by CITY and DISTRICT.
4.8 This Agreement may be terminated, with or without cause, by either CITY or DISTRICT upon thirty (30) days advance written notice by the PARTY wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as provided herein, all CONTRACT WORK costs incurred and required to be paid by either of the PARTIES prior to the effective date of cancellation shall be paid by the PARTIES in the same proportion to their contribution for the CONTRACT WORK.
4.9 This Agreement may be signed in counterparts, each of which shall constitute an original
4.10 This Agreement shall inure to the benefit of and to be binding upon the successors and assigns both PARTIES.
4.11 The PARTIES agree that this Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original. If this Agreement is executed in counterparts, no signatory hereto shall be bound until both PARTIES have fully executed a counterpart of this Agreement. The PARTIES shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the PARTY whose name is contained therein. Each PARTY providing electronic signature agrees to promptly execute and deliver to the other PARTY an original signed Agreement upon request.
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WITNESS WHEREOF, this Agreement, has been fully executed on behalf of DISTRICT and CITY by their duly authorized representatives.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Do -
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell, Clerk of the Board
2 Deputy
FOR COUNTY USE ONLY
Approved as to Legal Form
No -
Sophie A. Curtis, Deputy County Counsel
Date
CITY OF YUCAIPA
By ►
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
Reviewed for Contract Compliance
No -
Andy Silao, P.E.
Date
Reviewed/Approved by District
Brendon Biggs, Chief Flood Control Engineer
Date
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