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  Consent-General Government   # 13.       
Board of Supervisors County Counsel  
Meeting Date: 04/24/2018  
Brief Title:    Amendment to reimbursement agreement with SAFCA
From: Philip Pogledich, County Counsel
Staff Contact: Eric May, Sr. Deputy County Counsel, x8278
Supervisorial District Impact:

Subject
Authorize the Chair of the Board to sign an amendment to reimbursement agreement with the Sacramento Area Flood Control Agency to allow direct payment of consultant costs incurred. (No general fund impact) (Pogledich)
Recommended Action
Authorize the Chair of the Board to sign an amendment to reimbursement agreement with the Sacramento Area Flood Control Agency to allow direct payment of consultant costs incurred.
Strategic Plan Goal(s)
Sustainable Environment
Reason for Recommended Action/Background
In June 2017, the County and the Sacramento Area Flood Control Agency ("SAFCA") entered into a reimbursement agreement related to the remediation of the Bryte Landfill.  (Att. B.)  The Bryte Landfill is an existing contaminated site located west of West Sacramento near the Yolo Bypass. The agreement with SAFCA outlines a process that allows SAFCA to acquire and remediate the landfill with funding provided by the California Department of Water Resources (DWR).  

To carry out the proposed remediation, SAFCA must own or control both the Bryte Landfill and a disposal site.  The County has agreed to assist SAFCA in acquiring the necessary rights in both properties, as SAFCA cannot exercise eminent domain (if needed) beyond its jurisdictional boundaries.  The agreement provided for such assistance while also obligating SAFCA to cover all related County costs, including costs arising from the contemplated use of outside consultants and attorneys to complete the land acquisitions as well as any amounts paid to acquire each site.  If one or both sites is eventually acquired, the agreement also obligates SAFCA to promptly accept a transfer of title from the County.   

The amendment (Att. A) would streamline SAFCA's reimbursement of expenses incurred by the County.  Specifically, consultants and outside counsel for the County would be able to bill SAFCA directly, rather than having the bills first paid by the County Counsel's Office with subsequent reimbursement by SAFCA.  As a result, the County would no longer need to float the expenses and consultants would be paid more quickly.
Collaborations (including Board advisory groups and external partner agencies)
County Administrator's Office and the Department of Community Services (Environmental Health Division) are involved in the remediation project.
Competitive Bid Process
Not applicable

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
Attachments
Att. A. Amendment
Att. B. Original Agreement

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 04/16/2018 12:25 PM
Financial Services Tom Haynes 04/17/2018 09:54 AM
County Counsel Phil Pogledich 04/18/2018 03:47 PM
Form Started By: Eric May Started On: 04/12/2018 01:15 PM
Final Approval Date: 04/18/2018

    

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