BOARD AGENDA FACT SHEET

Transcription

1 CLERK USE ONLY BOS ACTION BOARD AGENDA FACT SHEET Public Works Department /Agency March 1, 2016 Requested Board Date 1. Request: Board Approval Other (specify) XX Information Only/Presentation Schedule Hearing Time: 2. Requested Action: Type requested action below Discussion/Action Regarding Payment to Imperial Irrigation District for Maintenance and Repairs to Water Facilities at County Road Crossings for Fiscal Year (FY) 2015/2016 in the Amount of $500, Cost $ 500, Source: Public Works Roads ( ) 4. If approval of Contract, reviewed/approved by County Counsel on: N/A By: N/A Action Request N/A Assigned by County Counsel 's Office 5. If approval of position allocation change, approved by Human Resources on: By: 6. Electronic copy submittal date: By: D. ahane Department Head/Agency Representative INSTRUCTIONS: Back-up must be submitted 11 BUSINESS days prior to requested date. Back-up submitted must contain an Original and 6 copies. Back-up must be submitted in a PDF format to cobstaff@co.imperial.ca.us. CEO/CLERK USE ONLY BOARD DATE: Action Filing Consent Presentation Hearing CEO Approval Other (specify) Review: Clerk Date CEO Date

2 Public Works works for the Public OUNTY OF IMPERIAL DEPARTMENT OF PUBLIC WORKS 155 S. 11th Street El Centro, CA Tel: (442) Fax: (442) February 1, 2016 Honorable Board of Supervisors Board of Supervisors County of Imperial Dear Honorable Board Members Requested Board Action: Discussion/Action Regarding Payment to Imperial Irrigation District for Maintenance and Repairs to Water Facilities at County Road Crossings for Fiscal Year (FY) 2015/2016 in the Amount of $500,000 Background: Respectfull, On October 30, 2007, the County of Imperial entered into an Agreement with the Imperial Irrigation District (IID) that established payments to the IID from the County for maintenance and repairs to their water facilities (culverts, siphons, etc.) at County road crossings. The Agreement details that payments for these services for fiscal years 2007/2008 and 2008/2009 shall not exceed $500,000 per fiscal year. These services provide for regular maintenance, repair, and /or replacement of water facilities at County road crossings as set forth by Section 7034 of the Water Code of the State of California. These improvements enable the Department to continue with its plans for road improvements in an efficient manner. These services do not include emergency repairs or complex structures such as bridges. The Department discussed this item with representatives of the IID to determine the amount of payment for said services for fiscal year 2015/2016. It was agreed that the previously agreed amount of $500,000 per fiscal year would suffice. It is thus recommended that your Board approve the payment to the IID in the amount of $500,000 for maintenance and repairs to water facilities at County road crossings for fiscal year 2015/2016. County Counsel Coordination: Fiscal Impact: The matter has not been submitted to the Office of County Counsel. There will be no impact to the County General Fund. The costs for payment of the repair and maintenance work have been included in the Departmental budget for fiscal year 2015/2016. William S. Brunet, P. E. Director of Public Works Attachments ED/dm An Equal Opportunity / Affirmative Action Employer P. WORDDOCS\Ed\Letters\IID\Draft Board Letter Approve Payment to 11D for Vv ate: Facilities Maintenance.doc

3 IID r- \JED JAN vvorks A century of service. Since 1911 December 30, 2015 Mr. William S. Brunet, PE Director of Public Works Imperial County Department of Public Works 155 South 11 th Street El Centro, CA Dear Mr. Brunet: Subject: Fiscal Year 2015/2016 Water Capital Maintenance and Repair List of County Road Crossing Projects The Imperial Irrigation District maintains a list of capital maintenance and replacement projects needed at various county road crossings. This list is routinely updated to indicate priority based on factors such as: risk of facility failure, canal cut-out schedules, construction, and materials scheduling. The IlD's county road crossing projects are carried out under the statute provisions of attached Section 7034 and Section 7035 of the Water Code. The county road crossings throughout the HD's water and drain systems have been constructed in order to serve the traveling public within the county, while ensuring flow of canals and drains. In February 2015 the county provided $500,000 to the IID for fiscal year 2014/2015 IID road crossing work over county roads. The IID has provided the county a summary of the work that was performed during the last year using these funds by separate communication in the attached December 24, 2015 letter. Attached please find the comprehensive list of work planned, being budgeted and constructed for 2015/2016 fiscal year. The list also indicates cost accounting over past -fiscal years and the phasing of the various county road-crossing work.- it-is requested - that the county advise the IID when the county's payment contribution to the 2015/2016 county road crossing program will be processed. IMPERIAL IRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CA

4 Mr. William S. Brunet December 30, 2015 Page 2 Any county-originated road crossing work (road operational improvement such as provision for a turn lane) or emergency work is not considered in this budget amount and would need to be addressed separately. Emergency work for IID is defined as any unanticipated work required that has not been planned and is needed to ensure service to our customers remains uninterrupted and/or safety to the public is not impacted or jeopardized. Should you have any questions or need any additional information, please do not hesitate to contact Mr. Frank Fiorenza, P.E., at (760) or via electronic mail at fjfiorenza@iid.com. Sincerely, Ismael G mez, P. Assistan Manag r/chief Civil Engineer Water D partment Attachments FF:sm Cc: John M. Chappelear, Assistant Manager, Water Henry Dollente, Assistant Manager, Water Cynthia Matejovsky, Budget Coordinator, Water Claudia Beltran, Engineer, Engineering Services John Gay, Deputy Director of Engineering, Imperial County Public Works Department Ed Delgado, Deputy Director of Administration, Imperial County Public Works Department S:\Engineering\County of Imperial\County Rd Xings\2015\ Road Crossing.docx

5 A century ofseivice. Since 1911 December 24, 2015 Mr. William S. Brunet, PE Director of Public Works Imperial County Department of Public Works 155 South 11 th Street El Centro, CA Dear Mr. Brunet: Subject: Fiscal Year 2014/2015 Water Capital Maintenance and Repair List of County Road Crossing Projects Completed or Committed; Updated List This letter provides an updated summary report of the county road crossing funds utilized by IID for 2014/2015. Attached is a list of projects constructed and/or committed for construction. The format for this list of projects is similar to the one provided the last three years. This list demonstrates how project funds are used by phasing as well as provides project cost accounting by County fiscal year. Project phasing includes planning, design, construction, closeout and closed designations. A separate request for 2015/2016 county road crossing fund contribution is being sent with the same list that also indicates projected work for 2015/2016. Should you have any questions or need any additional information, please do not hesitate to contact Mr. Frank Fiorenza, P.E., at (760) or by electronic mail at fjfiorenza@iid.com. Ismael e omez, P E. Assista t Manag r/chief Civil Engineer Water I epartme Attachments FF:sm Cc: John M. Chappelear. Assistant Manager, Water Henry Dollente. Assistant Manager. Water Cynthia Matejovsky. Budget Coordinator. Water Claudia Beltran. Engineer, Engineering Services John Gay. Deputy Director of Engineering. Imperial County Public Works Department Ed Delgado, Deputy Director of Administration, Imperial County Public Works Department SAEngineering\County of Imperial\County Rd Xings\2015\ project summary.docx IMPERIAL IRRIGATION DIS1 RIC i P.O. BOX 937 IMPERIAL, CA 92251

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7 SETTLEMENT AND RELEASE AGREEMENT This Settlement Agreement and Release (hereinafter "Settlement Agreement") is entered into by and between IMPERIAL IRRIGATION DISTRICT ("IID") and the COUNTY OF IMPERIAL ("County") with reference to the action now pending in the Imperial County, California Superior Court as Case No. ECUO3475, brought by IID against County. IID and County may hereinafter be referred to individually as a "Party" or collectively as the "Parties" Background: On January 25, 2007, IID filed suit in the Imperial County Superior Court, (case number ECUO3475), alleging causes of action for breach of express written contract, breach of oral contract, breach of implied contract, unjust enrichment, common counts, breach of mandatory duty under water code section 7035 and for declaratory relief against County. The Complaint alleged that County ōwed IID the sum of $749, for money due in connection with IlD's performance of construction, re-construction, relocation and/or repair work to various County road crossings over IID canals, drains, or drainage outlets ("Road Crossing Work"). The parties have determined to settle the case on the terms stated below Settlement of Claims: 2.1. Warranties: IID represents and warrants that it is presently the sole and exclusive owner of all claims, demands,. causes of action, and controversies, as set forth in the Complaint on file in the above-described action, as against County, and that no other party has any right, title or interest whatsoever in said cause of action, claims and other matters IID/County Settlement Page 1 of 8

8 referred to herein, and that there has been no assignment,-transfer, conveyance or other disposition by IID of any of said cause of action, claims or matters herein described Payment to IID by County: a. Payment. In consideration of the release set forth below, County will provide a draft payable to IID in the amount of Seven Hundred Seventy-Eight Thousand, One Hundred Seventeen Dollars, and Eleven Cents ($778,117.11). Said draft to be delivered to the offices of IID General Counsel at 333 E. Barioni Blvd., Imperial, California. b. Settlement of All Claims: The foregoing agreement to make a cash payment shall be in settlement of all claims made by IID against County in Case No. EC This Settlement Agreement and Release does not apply and shall not be enforceable with respect to any dispute between the Parties relating to Road Crossing Work performed after April 31, IID shall have its attorney of record execute a dismissal with prejudice as to Case No. ECUO34735 and forward same to counsel County as further addressed below. The attorneys for the parties are hereby authorized and directed-to execute the Request for Dismissal, and to take such other action as may be necessary or appropriate to have orders entered in Case No. ECUO3475 dismissing the action pursuant to the terms of this Settlement Agreement. Regarding any liability of County for Road Crossing Work performed by IID for County after April 31, 2007, IID agrees to participate in negotiations with the County in IID/County Settlement Page 2 of 8

9 an effort to reach a new agreement concerning the handling of financial obligations concerning road crossing projects. IID shall schedule and perform maintenance of Its water facilities such that the total commitment by the County for ordinary road crossing work (i.e. culverts and siphons) in fiscal years and shall not exceed $500,000 (five hundred thousand dollars) per fiscal year. This limit shall not apply to emergency road work or complex structures, such as bridges. c. Timing of Events: County is required to make the settlement payment described herein within ten (10) days after this Settlement and Release Agreement has been executed by all parties. IID shall be required to provide to County a fully executed Request for Dismissal, with prejudice, of Case No. ECUO3475 only after County has made the settlement payment described herein Costs of Litigation: It is further agreed that the Parties shall assume and bear their own costs of. litigation, including, but not limited to their respective attorneys' fees and costs of suit incurred as a result of or in connection with Case No. ECUO Release: 3.1. Mutual Release of IID and County: In consideration of the cash payment and other agreements referred to above, IID and County each releases and discharges the other, and all of their agents, attorneys, servants, employees, predecessors, successors, assigns, and assignors, and their insurers and reinsurers, from any and all actions, causes of action, obligations, IID/County Settlement Page 3 of 8

10 costs, expenses, attorneys' fees, damages, losses, claims, liabilities, and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, as described in pleadings filed in Case No. E Waiver of Civil Code Section 1542: It is the intention of the Parties hereto that the foregoing release shall be effective as a bar to all actions, causes of action, obligations, expenses, attorneys' fees, damages, losses, claims, liabilities, and demands of whatsoever character nature and kind, known or unknown, suspected or unsuspected, hereinabove specified to be so barred. In furtherance of this intention County and IID expressly waive any and all rights and benefits conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. IID and County hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was separately bargained for. The Parties expressly consent that the foregoing release shall give the same full force and effect to unknown or unsuspected claims, demands, and causes of action, if any, as to those terms and provisions relating to claims, demands, and causes of action herein above specified No Confidentiality: The Parties acknowledge that inasmuch as the Parties are public entities, their business is a matter of public concern. Therefore, upon execution this agreement will become a matter of public record. The Parties agree and acknowledge that there is no IID/County Settlement Page 4 of 8

11 agreement, express or implied, to keep the terms of this settlement confidential Miscellaneous: 5.1. Compromise: This Settlement Agreement is a compromise of disputed claims and nothing contained herein is to be construed as an admission of liability on the part of County, by whom liability is expressly denied Attorneys' Fees: Should any Party hereto reasonably retain counsel for the propose of enforcing, or preventing the breach of, any provisions of this Settlement Agreement, including, but not limited to, the institution of an action or proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such Party's rights or obligations hereunder, or for any other judicial remedy, then, if. said matter is settled by judicial determination, the prevailing Party shall be entitled to be reimbursed by the losing Party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorney's fees for the services rendered to such prevailing Party Further Assurances: The Parties hereto hereby agree to execute such other documents and to take such other action as may reasonably be necessary to implement the terms of this Settlement Agreement 5.4. Governing Law and Venue: This Settlement Agreement shall be interpreted in accordance with the substantive and procedural laws of the State of California. All actions or proceedings. - arising in connection with this Settlement Agreement shall be tried and litigated IID/County Settlement Page 5 of 8

12 exclusively in State Court located in the County of Imperial, State of California. The aforementioned choice of venue is mandatory, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Settlement Agreement in any jurisdiction other than that specified in this paragraph. Each Party hereby waives any right it may have to assert the doctrine of forum non convenes or a similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State Courts located in the County of Imperial, California, shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute or proceeding arising out of or related to this Settlement Agreement Benefit and Burden: This Settlement Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective representatives, successors, and assigns Severability: In the event that any condition or covenant herein contained is held to be invalid or void by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Settlement Agreement and shall in no way affect any other covenant or condition herein contained. If such condition, covenant, or other provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law Waiver and Amendment: No breach of any provision hereof can be waived unless in writing. Wavier of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Settlement Agreement may be amended or modified IID/County Settlement Page 6 of 8

13 only by a written agreement executed by all of the Parties hereto. 5.8, Entire Agreement: This Settlement Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, fully supersedes all prior understandings, representations, warranties, and agreements between the Parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the Parties hereto Independent Advice of Counsel: The Parties, and each of them, represent and declare that in executing this Settlement Agreement they rely solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their rights and claims, and that they have not been influenced to any extent whatsoever in executing the same by any representations or statements covering any matters made by the other party hereto or by any person representing him or it Voluntary Agreement: The Parties, and each of them, further represent and declare that they have carefully read this Settlement Agreement and know the contents thereof and that they sign the same freely and voluntarily. / / / / / / /// / / / Counterparts: This Settlement Agreement may be executed in counterparts, each of which shall IID/County Settlement Page 7 of 8

14 be deemed an original and all of which shall constitute a single document. Facsimile signatures are acceptable and shall be treated as though they were original. IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement as of the date and year written below. IMPERIAL IRRIGATION DISTRICT DATED: k 3 a j t By: Title: Csi_ce-o i COUNTY OF IMPERIAL DATED: / 0.V07 By: Title: 110/County Settlement Page 8 of 8 -

15 CA Codes (wat: ) Page 1 of 2 WATER CODE SECTION As used in this chapter, "conduit" includes canal, ditch, culvert, pipeline, flume, or other appliance for conducting water As used in this chapter,-except-ln-section_7_ hi_ghway" includes both state and county highways as defined by or identified in the Streets and Highways Code As used in this chapter, "bridge" means a structure constructed to allow the conducting of water underneath by canal,.ditch, flume or other uncovered appliance for conducting water No conduit shall be laid, constructed, or maintained so as to obstruct any highway Every person or public district or agency who or which initially constructs, or improves for his or its own benefit, any conduit crossing or running along any pre-existing highway, shall construct or improve such conduit in accordance with standards established by the county or State as the case may be, and at the expense of the person so constructing or improving such conduit Bridges or conduits heretofore or hereafter constructed in a permanent manner, whether by encroachment permit or otherwise, which cross county highways and which have been constructed or brought up to county standards, and have been accepted, either formally or informally by appropriate action, shall, after such acceptance, and regardless of who constructed them, be the sole responsibility of the county, so far as maintenance, repair, improvement for the benefit of the county, reconstruction or replacement of such bridges and conduits are concerned. If any such county highways become state highways, the State shall succeed to the foregoing obligations of the county. The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law Whenever any conduit for conducting water crosses a highway and no written records exist showing that the highway rights-of-way existed prior to the conduit rights-of-way, it shall be conclusively presumed that the conduit was in place and lawfully maintained prior to the highway and such conduit shall be repaired, improved for the 10/13/2010

16 CA Codes (wat: ) Page 2 of 2 benefit of the public agency having jurisdiction over such highway, and replaced, if necessary, by the public agency having jurisdiction over such highway, provided that usual acts of maintenance of the conduit, such as cleaning the conduit of dirt or silt, shall be performed by and at the expense of the person using the conduit. This section shall not apply to any conduit as to which Section 7034 is applicable Any public district or private utility and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repa±r±ny, Ur re±onattag any facki-ities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable. This section shall not supersede the provisions of this chapter. wat&group= &file r /13/2010