REPORT TO THE CITY COUNCIL
FROM: BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY: CHERYL BURNS, MPA, Senior Management Analyst
Department of Public Utilities - Administration
SUBJECT
Title
Approve a Cost Share Agreement with the Fresno Irrigation District, the City of Clovis, and the County of Fresno, for Consultant Services Related to Legislative Support for Big Dry Creek Reservoir Operational Changes in the amount of $15,000 for the time period from January 1, 2022, to December 31, 2022, with three optional one-year extensions in the amount of $15,000 per year, for a total of $60,000.
Body
RECOMMENDATION
Staff recommends that Council approve a Cost Share Agreement by and between the Fresno Irrigation District (FID), the City of Clovis (Clovis), the City of Fresno (Fresno), and the County of Fresno (County) to reimburse FID for consultant services related to legislative support for Big Dry Creek Reservoir operational changes in the amount of $15,000 for the time period from January 1, 2022, to December 31, 2022, with three optional one-year extensions.
EXECUTIVE SUMMARY
FID, Clovis, Fresno, the County, (collectively, the Parties) and the Fresno Metropolitan Flood Control District (FMFCD) desire to reevaluate the operational requirements of Big Dry Creek Dam and Reservoir to allow for increased conservation storage. On July 13, 2021, the Parties executed a Cost Share Agreement for Consultant Services Related to Legislative Support for Big Dry Creek Reservoir Operational Changes to hire Austin Ewell (Consultant) to assist with gaining legislative support for the reoperation of Big Dry Creek Reservoir, through a period not extending beyond December 31, 2021, and that agreement has now expired. The Parties desire to continue sharing in the cost for FID to retain the Consultant, retroactively to January 1, 2022, to continue to assist with gaining legislative support for the reoperation of Big Dry Creek Reservoir through December 31, 2022. The agreement allows for three optional one-year extensions.
FID, Clovis, Fresno, and the County shall equally share in the cost of the Consultant for the Project, with each Party paying 25% of the cost of the Consultant for the Project. Fresno’s share of the annual cost is $15,000, for a potential total cost of $60,000 if all three one-year extensions are executed.
BACKGROUND
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. The Parties 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.
The Parties and FMFCD desire to reevaluate the operational requirements of Big Dry Creek Dam and Reservoir to allow for increased conservation storage. FMFCD is undertaking efforts to add language to the United States Congress’s 2022 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 Corps of Engineers to complete initial studies regarding the reoperation of Big Dry Creek Reservoir.
On July 13, 2021, the Parties executed a Cost Share Agreement for Consultant Services Related to Legislative Support for Big Dry Creek Reservoir Operational Changes to hire Austin Ewell (Consultant) to assist with gaining legislative support for the reoperation of Big Dry Creek Reservoir, through a period not extending beyond December 31, 2021, and that agreement has now expired. The Parties desire to continue sharing in the cost for FID to retain the Consultant, retroactively to January 1, 2022, to continue to assist with gaining legislative support for the reoperation of Big Dry Creek Reservoir.
FID has retained the services of the Consultant for the period of January 1, 2022, through December 31, 2022, to assist with making key legislative contacts to gain legislative support for the reoperation of Big Dry Creek Reservoir. FID represents that the maximum compensation payable to Consultant under FID’s retention agreement with Consultant is a flat fee of $5,000 per month, which includes all services and all costs and expenses of Consultant, and Consultant is not entitled to any additional compensation for costs or expenses. The maximum compensation payable to Consultant under FID’s retention agreement with Consultant is $60,000 for the 12-month term of this Agreement, with three optional one-year extensions in the amount of $60,000 per year, for a total potential cost of $240,000.
FID, Clovis, Fresno, and the County shall equally share in the cost of the Consultant for the Project, with each Party paying 25% of the cost of the Consultant for the Project. Fresno’s share of the annual cost is $15,000, for a potential total cost of $60,000 if all three one-year extensions are executed. To date, two of the Parties have already signed the agreement. Due to the potential total cost of the agreement, if all three one-year extensions are implemented, Fresno requires City Council approval to sign the cost share agreement.
With the ongoing drought and the anticipation of a hotter, drier new normal in the State of California, it is important to explore all options for increased water conservation, storage, and recharge activities to maximize the efficient use of all water resources. It is in the best interest of the City of Fresno to pursue efforts to increase water storage opportunities, including the reoperation of Dry Creek Reservoir. Therefore, staff recommends that the City Council approve the cost share agreement to retain the Consultant to actively pursue legislative support for the reoperation of Big Dry Creek Reservoir.
The City Attorney has reviewed the agreement and approved as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this is not a “project.”
LOCAL PREFERENCE
Local Preference was not utilized, as this item relates to a cost sharing agreement. However, the selected Consultant who is to be retained by the Parties through the cost sharing agreement has a business address within the City of Fresno.
FISCAL IMPACT
This item has no impact on the General Fund. Funding for Fresno’s portion of the cost share agreement is included in the Water Enterprise FY 2023 budget.
Attachment: Cost Share Agreement