Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Amendment No. 2 between the San Mateo County Flood and Sea Level Rise Resiliency District and the County of San Mateo
RECOMMENDATION:
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Adopt a resolution:
A) Authorizing the Director of Public Works to execute Amendment No. 2 to the agreement between the County of San Mateo and the San Mateo County Flood and Sea Level Rise Resiliency District (District) to provide engineering and administrative services for the continuation of operations and maintenance of the flood control sub-zones and to support the District's long-term operations, extending the term by one year, for a term of July 1, 2025 to June 30, 2026, with no change to the not-to-exceed amount; and
B) Authorizing and directing the Director of Public Works to execute non-substantive additions, clarifications and other changes as the Director of Public Works deems necessary or advisable after consultation with the County Attorney.
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BACKGROUND:
On September 12, 2019, Governor Newsom signed into law Assembly Bill 825 (“AB 825”), which renamed the San Mateo County Flood Control District as the San Mateo County Flood and Sea Level Rise Resiliency District (the “District”), changed the governing structure to an independent Board of Directors, and expanded its powers to specifically include “addressing and protecting against the impacts of sea level rise.” AB 825 took effect on January 1, 2020. All assets, liabilities, obligations, and benefits held by the former San Mateo County Flood Control District were assumed by the District as of this date. This includes, but is not limited to, land assets, vendor contracts, grants, bond debt, property tax revenues, other flood control zone revenues, and fund balances.
On December 10, 2019, this Board adopted Resolution No. 077113 authorizing the execution of a Master Agreement (2019 Agreement) with the District for the Department of Public Works (Department) to provide engineering, administrative, operational, and fiscal services on a reimbursable basis for the continuation of District operations and maintenance, and the expansion of flood-related projects and programs. The 2019 Agreement was for a term of January 1, 2020 to June 30, 2022, with a reimbursable amount up to $2,721,200 per year and a total not-to-exceed amount of $6,803,000, with an option to extend through June 30, 2023 at the same annual rate, upon mutual consent. The Resolution also authorized the Director of Public Works, designee, or assignee, to execute contract amendments to the 2019 Agreement which modify the District’s maximum fiscal obligation by no more than $25,000 (in aggregate) and/or modify the contract term and/or services as long as the modified term or services is/are within the current or revised fiscal provisions.
On July 1, 2021, the County and District entered into Amendment No. 1 to the 2019 Agreement, which exercised the option to extend the term of providing services to the District for communication and community outreach by the County’s Office of Sustainability to June 30, 2022.
On July 1, 2022, the County and District entered into Amendment No. 2 to the 2019 Agreement, which extended the term to June 30, 2023.
On July 1, 2023, the County and District entered into Amendment No. 3 to the 2019 Agreement, which extended the term to September 30, 2023.
On September 12, 2023, this Board adopted Resolution No. 079922, which authorized the Director of Public Works to execute an Agreement (2023 Agreement) between the County of San Mateo and the District to provide engineering and administrative services for the continuation of operations and maintenance of flood control sub-zones and to support the District’s long-term operations, for a term of October 1, 2023 to June 30, 2024 in an amount not to exceed $4,870,000, with an option to extend through June 30, 2025, upon mutual consent.
On July 1, 2024, the County and District entered into Amendment No. 1 to the 2023 Agreement, which extended the term to June 30, 2025.
DISCUSSION:
The Department has coordinated with the District regarding Amendment No. 2 to the 2023 Agreement for an extension in term and modifications to the scope of work to be provided by the Department.
The Department has determined that based on the Department’s current and future staffing, the number of years that the District has been in existence (since January 1, 2020), the anticipated future needs of the District, and the work and vision of the District, that the Department will not be able to provide, nor is it necessary to provide, the same services that it has provided over the prior terms of the agreements and amendments. Additionally, the District no longer requires the same level of support from the Department as was necessary during the initial years of its existence.
The Department has worked with the District and developed a mutually agreed upon plan to transition the Department provided engineering, administrative, and operational services to the District. Extending the 2023 Agreement by one additional year and reducing the scope of services as identified in Exhibit A of the Amendment will allow the District to take over all responsibilities while still receiving support from the Department over the Amendment term. The Department recommends execution of Amendment No. 2 to the 2023 Agreement to allow for continued Department work as anticipated or needed by the District in the next fiscal year. Amendment No. 2 extends the term of the 2023 Agreement to June 30, 2026.
The County Attorney has reviewed and approved the Resolution and Amendment as to form.
COMMUNITY IMPACT:
Amendment No. 2 ensures the continued delivery of critical maintenance, administrative, and technical services to the District, enabling the District to effectively manage stormwater infrastructure, reduce flood risk, and protect public and private property. These services are vital to safeguarding the health and welfare of the community, particularly in flood-prone areas that are more vulnerable to extreme weather events. Continued support also promotes environmental stewardship, mitigates localized flooding, and enhances the District’s capacity to proactively address infrastructure challenges.
FISCAL IMPACT:
Amendment No. 2 will extend the term of the Agreement through June 30, 2026 with no change to the not-to-exceed amount of the 2023 Agreement.
There is no impact to the General Fund.