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  Consent-General Government   # 13.       
County Counsel  
Meeting Date: 05/10/2022  
Brief Title:    Ducks Unlimited Grant Agreement
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172

Subject
Approve and authorize the Board Chair to sign a budget resolution and related agreement with Ducks Unlimited to pass-through $2.5 million in state funding for agricultural, drainage, and wetland management improvements in the Yolo Bypass Wildlife Area. (No general fund impact) (4/5 vote required) (Pogledich)
Recommended Action
Approve and authorize the Board Chair to sign a budget resolution and related agreement with Ducks Unlimited to pass-through $2.5 million in state funding for agricultural, drainage, and wetland management improvements in the Yolo Bypass Wildlife Area.
Strategic Plan Goal(s)
Thriving Residents
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
On July 13, 2021, the Board of Supervisors approved an agreement with the California Department of Water Resources relating to the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (the "County/DWR Agreement"). The County/DWR agreement requires DWR to provide $2.5 million to the County to help implement subprojects 2 and 4 of the Yolo Bypass Wildlife Area Habitat and Drainage Improvement Project-Dual Functional Canal Configuration. In turn, Ducks Unlimited has the lead role in constructing subprojects 2 and 4, which will enhance drainage and water management for agricultural and wetland purposes within the Wildlife Area. Subprojects 2 and 4 also include improvements to Wildlife Area roads and other amenities, enhancing public recreational, environmental education, and other opportunities. 

Consistent with the County/DWR Agreement and the County's pass-through obligations, the attached agreement between the County and Ducks Unlimited includes terms and conditions that ensure the $2.5 million in DWR funding is used by Ducks Unlimited for construction of subprojects 2 and 4 and other related costs and expenses. The agreement also includes customary indemnity and defense and insurance provisions to protect the County from liability relating to the construction of subprojects 2 and 4. DWR has advised that the County can expect to receive the $2.5 million shortly (likely within 1-2 weeks of consideration of this item) but the contract terminates automatically if DWR fails to perform its obligation to provide the $2.5 million.

Altogether, the proposed agreement with Ducks Unlimited is a straightforward contract intended to facilitate the timely construction of subprojects 2 and 4. Ducks Unlimited has complied with public bidding laws and will shortly award a construction agreement for subprojects 2 and 4 in the near future with the goal of ensuring construction in 2022. A related budget resolution is also attached.
Collaborations (including Board advisory groups and external partner agencies)
County Administrator's office.
Competitive Bid Process/Vendor Performance
Not applicable. The State of California selected Ducks Unlimited as the lead in constructing the project described above. Ducks Unlimited will comply with all laws applicable to the construction of public projects on state property, including state bidding and prevailing wage laws.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The entire $2.5 million in funding will be provided by the Department of Water Resources.
Attachments
Att. A. Agreement
Att. B. Budget Resolution

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Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 05/04/2022 07:48 AM
Phil Pogledich Phil Pogledich 05/04/2022 07:48 AM
Financial Services Tom Haynes 05/05/2022 08:59 AM
County Counsel (Originator) Phil Pogledich 05/05/2022 11:13 AM
Joanne Van Hoosear Joanne Van Hoosear 05/05/2022 11:20 AM
Form Started By: Phil Pogledich Started On: 03/23/2022 12:01 PM
Final Approval Date: 05/05/2022

    

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