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Home My WebLink AboutCC Resolution 13398 (Creek Maintenance Agreement)RESOLUTION NO. 13398 RESOLUTION APPROVING THE CREEK MAINTENANCE AGREEMENT WITH MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City is seeking reimbursement for creek maintenance operations the City performs within the Rafael Meadows area; and WHEREAS, the Marin County Flood Control and Water Conservation District 6 has been set up in this area to prevent flooding; and WHEREAS, Marin County Flood Control and Water Conservation District is offering to reimburse the City for maintenance of specific drainage facilities within Flood Zone 6 in the amount of $6,000; and WHEREAS, staff has reviewed the agreement with Marin County Flood Control and Water Conservation District and found it to be within acceptable standards; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby approves the creek maintenance agreement with Marin County Flood Control and Water Conservation District; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the Public Works Director to execute the Creek Maintenance Agreement in a form approved by the City Attorney's office. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 20th day of August, 2012, by the following vote, to wit: AYES: COUNCIL MEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1155111!tz-- . A?e aCo•_.r ESTHER C. BEIRNE, City Clerk File No. 08.03.08 CREEK MAINTENANCE AGREEMENT FOR THE MAINTENANCE OF VARIOUS DRAINAGE CHANNELS, AND PORTIONS THEREOF, WITHIN THE CITY OF SAN RAFAEL AND FLOOD CONTROL ZONE NO. 6 OF THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT This CREEK MAINTENANCE AGREEMENT made and entered into on the dates shown below by and between the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California hereinafter referred to as "DISTRICT," and the CITY OF SAN RAFAEL, political subdivision of the State of California, hereinafter referred to as "CITY;" RECITALS WHEREAS, "CITY" and "DISTRICT" have in common the power to maintain, repair, and manage drainage channels for the protection of the public; and WHEREAS, "CITY" and "DISTRICT" desire to cooperate on the maintenance of the drainage channels, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. "CITY" shall: a) Perform maintenance work on the portion of drainage channels listed as Maintenance Sites in Exhibit 'A" attached hereto. Such maintenance includes vegetation and debris removal as well as other related work which affords proper drainage channel maintenance including but not limited to storm related work/emergency response; b) Perform said maintenance / emergency response during the Fiscal Year period from July 1st, 2012 to June 30th, 2013. ALL routine maintenance work in creeks, must be performed between July 1st, 2012 through October 15th, 2012 and between April 15, 2013 through June 30, 2013, additional work beyond this period may be performed for storm related / emergency response only. c) Notify the "DISTRICT'S" Contract Manager at least two (2) days prior to the commencement of said work such that the District may inspect the maintenance work during the course of its performance; d) Charge the "DISTRICT" for maintenance work at the rate charged by the "CITY's" creek maintenance contractor; e) Keep and maintain records, for "DISTRICT'S" examination, of all personnel, material, equipment and/or outside services which "CITY" utilizes in the performance of said maintenance work; f) Submit a billing to "DISTRICT" upon completion of said maintenance work; said billing shall include an accounting of all charges for personnel, material, equipment and/or outside services which "CITY" shall have used for the performance of work; it being specifically understood that "CITY" shall not for any reason whatsoever bill or claim any amount in excess of $6,000 for the maintenance work performed pursuant to this agreement; and 2 3 0 g) Submit with said billing a list identifying the specific reaches of drainage channels maintained, date(s) maintained, types and quantities of materials removed; and h) Indemnify, defend and save harmless DISTRICT, its officers, agents and employees from and against any and all claims and losses whatsoever arising out of or connected with the CITY'S negligent performance of this agreement by act or omission, or by willful misconduct, or by intentional failure to perform hereunder. i) Comply with all Federal, State and Local requirements, and secure all necessary permissions, permits and/or licenses for, and as part of, performing said maintenance work. j) Conduct creek vegetation maintenance work in accordance with FishNet 4C Roads Manual and BASMAA Flood Control Facilities Maintenance BMP Manual, which are available online at: www.mcstoppp.org/reports.htm "DISTRICT" shall: a) Pay to "CITY" upon the satisfactory completion of said maintenance work, and upon receiving and auditing the billing therefor, the cost of performing such work, a sum not to exceed $6,000. This Contract shall be managed and administered on DISTRICT'S behalf by the Contract Manager named below: Contract Manager: Tracy J. Clay Address: Marin County Flood Control and Water Conservation District P.O. Box 4186 Room 304 San Rafael, CA 94913-4186 Telephone: (415) 473-6036 This Contract shall be managed and administered on CITY'S behalf by the Contract Manager named below: Contract Manager Address: Telephone: Kevin McGowan City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 (415) 485-3389 5. THiS CREEK MAINTENANCE AGREEMENT shall terminate upon completion of and payment for said malntenanoe work, except as to obligallons pursuant to Paragraph 1(0). 6. The parties have set forth the whole of their agreement herein. Performance of this agreement constitutes the entire consideration for said maintenance work and shall relieve "DISTRICT" and "COUNTY" of all further obllgalions or claims on this account or on account of iiia location or performance of said maintenance work ATTEST: City Cleric . Appro ad as to totm: -Clerlc, Ctynty of Marin "CITY" Mayor Date: Co ?✓ "DlS President, Board of Supervisors Marin County Flood Control And Water Conservation District PQM OF St�pF�G moo: �• ••. i� Date: EXHIBIT "A" MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT CREEK MAINTENANCE AGREEMENT 2012-2013 MAINTENANCE SITES' Watercourse Reaoch N. Beginning of Reach End of Reach 126 feet upstream and To the short stretch Tributary #1 to South Las 1 between the houses # 49 and between 202 & 204 Gallinas Creek 101 Corrillo Dr. and Las Flores Ave. downstream from culvert From behind #202 & #204 Merrydale Ditch 2 Las Flores Ave on Merrydale Perpendicular to the Rd Downstream North Railroad track direction Tributary #2 to South Las Between #208 Los Ranchitos Gallinas Creek 3 Rd. To Merrydale Ditch and #2 Constance Dr. Corrillo Drive Ditch 4 107 ft. in length between #405 Tributary #2 and #403 Corrillo Drive South Las Gallinas Creek 5 Downstream from Bridge by Inlet under Hwy 101 #380 Merrydale Rd. 1 Maintenance Sites include the entire reach of creek/drainage between the "beginning of reach" and "end of reach" including all public property and easements and right-of-ways and specifically excepting privately held properties. EXHIBIT "A" MAP MARIN COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DRAINAGE MAINTENANCE AGREEMENT 2012-2013