HomeMy WebLinkAboutMINUTES - 07202004 - C.57-C.62 TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D., Health Services Director _'; Contra
By: Jacqueline Pigg, Contracts Administrator Costa
DATE: July 8, 2004 County
SUBJECT. Approval of Contract Amendment Agreement#74.194.2 with Maria Mercado (dba California
Translation
Translation International) 10 51
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS)*
Approve and authorize the Health Services Director or his designee(Donna Wigand) to execute on
behalf of the County, Contract Amendment Agreement#74-194.2 with Maria Mercado(dba
California Translation International), a sole proprietor, to amend Contract#74.194.1 effective July
1, 2004, to increase the Payment Limit by$13,200 from $25,000 to a new total Payment Limit of
$38,200,with no change in the original term of the Contract through October 31, 2004.
FISCAL IMPACT:
This Contract Amendment Agreement is funded 100%by Mental Health Realignment.
BACIC.GROUND/REASON(S)FOR RECOMMENDATION(S):
In November, 2003, the County Administrator approved and the Purchasing Services Manager
executed Contract#74.194.1 with Maria Mercado (Dba California Translation International), to
provide American Sign Language (ASL) translation and interpreter services for the County's Mental
Health Division, for the period from November 1, 2003 through October 31, 2004.
Approval of Contract Amendment Agreement#74.194.2 will allow Contractor to provide written,
oral and sign language translation services, through October 31, 2004.
NTN Tl' NT° YES., RIr � ,��ti" �/+✓"-��- . --`'�,%:
t,-'RECOMMENDATION OF COUNTY ADMINISTRATOR RECI itME4ATION OF BOARD COMMITTEE
APf�ROVEOTHER
1 N T R S :
ACTION OF BOARD O Z , . 1 `_X APPROVED AS RECOMMENDED X� OTHER
s
i
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ASSENT � ) AND CORRECT COPY OF AN ACTION TAKEN
AYES:_ - NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT. ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
ATTESTED IT, , L 2.-C .
JOHN SWEETEN,CLE OF THE'BOARD OF
Donny Wigand, L.C.S.W. 957-5111 SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person:
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management BY - �� DEPUTY
Contractor
TO: BOARD OF SUPERVISORS
William Walker, M.D., Health Services Director
FROM: tra
By: Jacqueline Pigg, Contracts Administrator
Costs
DATE: July 8, 2004 County
SUBJECT: Approval of Contract#24.597.10 with Lisa Booker, R.N. r„_,_
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION �
RECOMMENDATION($):
Approve and authorize the Health Services Director, or his designee (Donna Wigand), to execute on
behalf of the County, Contract #24-897-10 with Lisa Booker, R.N., a self-employed individual, in an
amount not to exceed a total of $74,642 to provide consultation and technical assistance to the
Disparities Work Program, for the period from,July 1, 2404 through June 30, 2005.
FISCAL IMPACT:
This Contract is 50% Federal Spirit of Caring Grant and 50% County General Funds.
BACKGROU WREASON(S) FOR RECOMMENDATION(:
On June 17, 2003, the Board of Supervisors approved Contract#24-897-9 with Lisa Booker, R.N., to
provide mental health intensive case management services for children and their families;and to provide
consultation and technical assistance to the Mental Health Division, for the period from July 1, 2003
through June 30, 2404.
Approval of Contract#24897-10 will allow Contractor to provide consultation and technical assistance
to the Disparities Work Program including,but not limited to, participating at State and.Federal level
regarding policy development related to Cultural Competency, through June 30, 2005.
Y N r;
t, 'kEcomMENDATION OF COUNTY ADMINISTRATOR RECQ�lyCivfE116A` ION OF 130ARD CO{tv ITTEE
,---S PPROVE OTHER
SIGNATURWI:'tit
ACTION OF BOAR7D4 3 c. € , .L _ APPROVED AS RECOMMENDED' OTHER
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS (ABSENT) ANIS CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN
4�V ~
ATTESTED .,. 5.A,1,
JOHN SWEETEW CLERK OF THE BOARD OF
Donna Wigand, L.C.S.W. (957-5111) SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person.
CC: Health Services Dept. (Contracts)
Auditor-Controller
Risk Management BY DEPU
Contractor W
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES s COSTA
DATE: JULY 20, 2004 r COUNTY
SUBJECT: APPROVE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH RMW ARCHITECTURE & INTERIORS FOR THE NEW
BRENTWOOD HEALTH CLINIC, BRENTWOOD FOR THE HEALTH
SERVICES DEPARTMENT (WH617B) ,J
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE the First Amendment authorizing extra work under the Consulting Services
Agreement dated May 27, 2004 with RMW Architecture & Interiors for design and construction
administration services for the New Brentwood Health Clinic, Brentwood. The First Amendment
increases the scope of services and increases the Payment Limit from $24,999 to $79,599.
2. AUTHORIZE the Director of General Services, or designee, to execute the First Amendment to
the Consulting Services Agreement and to issue written authorizations for extra work, in addition
to the authorization for the First Amendment, provided that the cumulative total cost for such
additional authorizations shall not exceed $10,000.
FINANCIAL IMPACT
Project expenses are being charged to the Health Services Department budget.
BACKGROUND
Building space has been identified for the relocation of the Brentwood Health Clinic. County staff is
currently coordinating with the building's developer to improve the space. On May 27, 2004 the
Director of General Services executed a Consulting Services Agreement with RMW Architecture &
Interiors to provide programming and schematic design services for the tenant improvements at the
new Brentwood Health Clinic.
The First Amendment increases the scope of services to provide design development, construction
documents, bid and construction administration phases for the new Brentwood Health Clinic. The
First Amendment also increases the reimbursable expenses from $919 to $5,879.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
--,--'F2ECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
✓,APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOtrR ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
-
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
CPM File: 315-9902/A.1.1
315-9902/A.5 ATTESTEDL't i. F
County Administrator's Office JOHN SWEETEN,CLIOK OF THE BOARD Or SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller
Health Services Department(via CPM) BY — i. g DEPUTY
RMW Architecture&Interiors(via CPM)
H:\1999\3159902\9002017b.doc TJ:tb Page 1 of 1 M382(10/88)
File: 135-9903/A.I.1
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR NEW BRENTWOOD HEALTH CLINIC,BRENTWOOD
FOR THE HEALTH SERVICES DEPARTMENT
(WH617B)
1. Effective Date and Parties: Effective July 20, 2004, RMW Architecture& Interiors(herein called"Consultant"),a California Corporation, and
the County of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows:
2. Purpose: On May 27, 2004,the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement;" which
covers provide programming and schematic design services for the new Brentwood Health Clinic,Brentwood. The parties desire to further amend
the Agreement to expand the scope of service and to increase the payment limit accordingly.
3. Amendments to Agreement:
A. In the Agreement,Section I(c),change the Payment Limit from$24,999.00 to$79,599.00,an increase of$54,600.00. This change shall apply
to charges from and after July 15,2004.
B. In accordance with Section 14 of the Agreement provide the following:
Increase the scope of services to provide design development,construction documents,bid and construction administration phases for the new
Brentwood Health Clinic in accordance with attached consultant's proposal dated May 28,2004.
C. In Appendix B,paragraph F,increase the reimbursable limit from$919.00 to$5,879.00.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Si¢nature:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president
or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss
County of )
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal] Notary Public
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
T1:tb
Attachment
14:\1999\3159902\9E002018a.doc Page 1 of 1
TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: JULY 20, 2004
SUBJECT: Consulting Services Agreement with "Kids for the Bay" for the School Watershed Action
Program(WO#6W 7100)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director or his designee to execute a contract with"Kids'
for the Bay"(a non-profit organization and a project of the Earth Island Institute)in the amount of$120,000
to provide services for the development,administration and implementation of the School Watershed Action
Program for the Unincorporated County Clean Water Program,for the period July 20,2004 through June 30,
2007 (the next three school years), Countywide. (Stormwater Utility Area 17 Assessment Fees) (All
Districts)
Continued on Attachment: X SIGNATURE:
—RECOMMENDATION OF BOARD COMMITTEE
��PPROVE OTHER
SIGNATURE (S):
ACTION OF BOt ON y � � APPROVED AS RECOMMENDED X OTHER
r
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT }
AYES: NOES:
ABSENT: ' ABSTAIN:
I hereby certify that this is a true and correct
copy of an action taken and entered on the minutes
G;\Gr\GpDatalFidCtE\P.dministrationlBoard Otders12004 801KF'fB BO 72"4 doe of the Board of Supervisors on the date shown.
Orlg.Div: Public World Departttxnt
Contact: Tonya Redfield(925)313-2313
cc: CAD ATTESTED:
County Counsel JOHN SWEETEN,Clerk o. e Board
of Supervisors and County Administrator
By ,Deputy
SUBJECT: Consulting Services Agreement with"Kids for the Bay"for the School Watershed Action Program
(WO# 7517-6W7100)
DATE: July 20, 2004
PAGE: 2
11. Fiscallmpact:
There will be no impact to the General Fund. The County will fund this contract with Stormwater Utility
Area 17 Assessment Revenue.
111. Reasons for Recommendations and Background:
KIDS for the BAY is a project of Earth Island Institute, a nonprofit organization supporting a network of
environmental projects. KIDS for the BAY(KftB)provides a vital environmental education service for
teachers,children and the wider school community. Founded in 1992,KftB has partnered with 850
teachers and 24,000 students, over the past twelve years.
Working with KftB, schools adopt their local urban creeks, use the creek as a stimulating educational
resource, assess the creek habitat and organize restoration efforts. Students learn how their school
neighborhoods connect with their local creeks,the Delta and the San Francisco Bay Estuary. They learn
about sources of pollution that pollute the watershed and its wildlife,including the fish they eat. Students
plan pollution reduction projects,including personal actions,letter writing campaigns,and interviews with
environmental officials who are invited to visit schools and discuss pollution issues in local neighborhoods.
Over the next three school years (2004-05, 2005-06, and 2006-07)KftB will:
1) Increase awareness of urban runoff pollution to nine hundred students and change their
behaviors to reduce pollution at its source.
2) Teach thirty teachers how to use the local environment as an educational resource to stimulate
students' learning and empower students to become environmental stewards.
3) Integrate the Watershed Action program into the curriculum and culture of our target
schools. Principals, teachers, students and parents learn the value of reducing urban runoff
pollution and practice new behaviors in their schools and at home.
IV. Consequences of Negative Action:
The County will miss an opportunity to meet the San Francisco and Central Valley Regional Water Quality
Control Board requests for watershed-wide stormwater pollution prevention education and volunteer
activities per the Joint Municipal NPDES Stormwater Permit.
CONSULTING SERVICES AGREEMENT
1.Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency- Contra Costa County Public Works Department
(b) Consultant's Name&Address:lids for the Day(a project of Earth Island Instlute)
1771 Alcatraz Avenue
Berkeley,CA 94705
(c) Project Name,Number&Location:'Kids for the Bay"School Watershed Action Program
(d) Effective Date:July 20,2004 (e) Payment Limit(s):$120,000
(f) Completion Date(s):June 30,2007 (g) Federal Taxpayer's I.D.:94-2889684
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By. Maurice M.Shiu
Public Works Director �� 1
(D&ignate official opacity in the businsiO Type of Business:
(sole proprietorship,government agency,partnership,corporation,etc.)
y ('} if CoMoration,State of 1 cn poration: L �
(Designate official capial9ty in the business)
Note to Consultant: For corporations,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president or
vi nt;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer.(Civ.Code,Sec.1190
and Corps.Code.Sec,313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California
as.
County of f IG{ ) )
On the date wftibelow �rne, `'t - P personally appeared i irjert name and title
of the d yt $ IT ,w IN,4, q re(&' personally krio n to
me(or proved to me on the basis of safisfactdry evidence)to be the person(s)whose name(s)jure subscribed to the within instrument iris acknowledged
to me that fey executed the same in h*&WAheir authorizers capac ity(ies),and that by hit IlMheir signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted,executed the instrument.
=�49nd o#fisdarl seal.. !
(Notary's Sea])
r. . ERIC THARPE
COMM.# 1446884 �
NOTARY PUBLIC-CALIFORNIA
s
ALAMEDA COUNTY
My Comm.Exp.Mar.25,2007
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows:
4. Empbyment. Public Agency hereby employs Consultan4nd Consultant adepts such employment,to perform the professional services described
herein,upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference,
6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain,
in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written
report,provided that the payment limit specified in Sec.1(e)exceeds$5,000.When multiple documents or written reports are the subject or
products of this agreement,the disciosure section may also contain a statement indicating that the total contract amount represents compensation
for multiple documents or written reports.
7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a)Workers'Compensation Insurance
pursuant to state law;(b)PFafeesieRallGeneral Liability Insurance with minimum coverage of$1,000,000 and a maximum deductible of
$50,000;and(c)Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage,broad form
property damage coverage,and coverage for owned and non-owned vehicles,with a minimum co mbinaidgle limit coverage of$1,000,000
for all damages due to bodily injury,sickness or disease,or death to any person,and damage to property,including the loss of use then;o€,
arising out of each accident or occurrence,and naming Public Agency,Contra Costa County,its/their goveming bodies,officers and
employees as additional insureds.Consultant shall promptly fumish to Public Agency certificates of insurance evidencing such coverage
and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change in coverage.
a Pavmenrt. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which
include all overhead and incidental expenses,for which no additional compensation shall be allowed.Notwithstanding the foregoing,those
incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant
submits copies of receipts and,if applicable,a detailed mileage log to Public Agency.In no event shall the total amount paid to Consultant
exceed the payment Omit(s)specified in Sec.1(e)without prior written approval of the Public Agency.Consultant's billing statements shall
be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee categories,hours
and rates.Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable.
9. 2alo. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency.
10. Tmne for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this
Agreement no later than the Completion Data(s)listed above.
11. Record Retention and Auaditino. Except fear materials and records delivered to Public Agency,Consultant shall retain all materials and
records prepared or obtained in the performance of this Agreement,including financial records,for a period of at least fire years after
Consultant's receipt of the final payment under this Agreement.Upon request by Public Agency,at no additional charge,Consultant shall
promptly make such records available to Public Agency,or to authorized representatives of the state and federal govemments,at a
convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use.
12. =mentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to
document the performance of this Agreement and shall fumish to Public Agency such information as is necessary to enable Public Agency
to monitor the performanoe of this Agreement.
13. Ownership of Doc urneak All materials and records of a finished nature,such as final pians,specifications,reports,and maps,prepared
or obtained in the performance of this Agreement,shall be delivered to and become the property of Pubfic Agency.All materials of a
preliminary nature,such as survey notes,sketches,preliminagians,computations and other data,prepared or obtained in the performance
of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on
their use.
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according
to the rates or charges listed in Appendix B.In the event that no rate or charge is listed for a particular type of extra work,Consultant shall
be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work.In no event shall Consultant be entitled
to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed
by Public Agency prior to the commencement of the work.
15. Payment Retention.
No retention necessary for
this contract.
16. Termination by Public Agency. At its option,Public Agency shall have the right to terminate this Agreement at any time by written notice
to Consultant,whether or not Consultant is then in default.Upon such termination,Consultant shall,without delay,deliver to Public Agency
all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due
for the services rendered up to the date of termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwhaidons the project
prior to completing all of the services described in this Agreement,Consultant shall,without delay,deliver to Public Agency all materials
and records prepared or obtained in the performance of this Agreement,and shall be paid for the reasonable value of the services performed
up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result
of such cessation or abandonment.
18. jam. to the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement,
Public Agency shalt have the right to pursue all remedies provided by law or equity.Any disputes relating to the performance of this
Agreement shall not be subject to non-judicial arbitration.Any litigation involving this Agreement or relating to the work shall be brought in
Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement,Consultant shall comply with all applicable laws,statutes,ordinances,rules and
regulations,whether federal,state or local in origin.This includes compliance with prevailing wage rates and their payment in accordance
with Califomia tabor Code,Section 1775.
20. Assia=11. This Agreement shall not be assignable or transferable in whole or in part by Consultant,whether voluntarily,by operation of
law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant
does not have the facilities to perfonrr so long as Consultant notifies Public Agency of such subcontracting prior to execution of this
Agreement.Any other purported assignment,transfer or subcontracting shall be void.
21. SukMatractino. All subcontracts exceeding$25,000 in oast shall contain all of the required provisions of this contract.Consultant will pay each
subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
delivering them to Public Agency,and where appropriate,indicate his/her registration number.
23. Patents and Coofthts. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the
materials and records prepared or obtained in the performance of this Agreement Public Agency reserves a license to use such materials and
records without restriction or Ornitation,and Public Agency shall not be required to pay any additional flee or royalty for such materials or records.
The license resented by Public Agency shah continue for a period of fifty years from the date of execution of this Agreement,unless extended by
operation of law or otherwise.
24. Indemnification. Consultant shall defend,indemnify,save and hold harmless Public Agency,Contra Costa County,itsltheir governing bodies,officers
and employees from arty and all claims,costs and liability for any damages,injury or death arising directly or indirectly from,or connected with,
the services provided hereunder and due to,or claimed or alleged to be due to,negligence or willful misconduct of Consultant,its officers,
employees,agents,subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole
negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemnitees for any expenditures,including
reasonable attorneys fees,the indemnitees may matte by reason of such matters and,if requested by any of the indemnitees,will defend any such
suits at the sole cost and expense of Consultant. Consultant'ebligations under this section shall exist regardless of concurrent negligenrar willful
misconduct on the part of the Public Agency or any other person;provided,however,that Consultants obligation to indemnify shall be limited to
the proportion of negiigenceor willful misconduct attributable to Consultant,its subconsuitantslr any person under Consultants direction or control.
25. Heirs.Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs,
successors,executors,personal representatives and assigns of the parties.
26. Public Endorsements. Contractor shah not in its capacity as a contractor with Public Agency publicly endorse or oppose the use of any particular
brand name or commercial product without the prior approval of the Public Agencys governing board.in its Public Agency Contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a weli-
established and widely-accepted scientific basis for such claims or without the prior approval of the Public Agencys governing board.In its Public
Agency contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a
particular brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractors presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency.Notwithstanding the foregoing,
Contractor may express its views on products to other contractors,the Public Agency's governing board,its officers,or others who may be
authorized by the Public Agencys governing board or by law to receive such views.
V. Consultants must gate consideration to DBE Frms as in 23 CFR 172.5
Attachments:Appendix A,Appendix B
Form approved by County Counsel(2/96)
G:1GrpDat&TWCttWPDESiPt BUC EDLIOCONTRACTSUGds for the Bay104_07WFTB Contract 04_07.doc
Appendix A
Scope of Services
KIDS for the BAIT
School Watershed Action Program
July 20,2004—June 30,2047
L INTRODUCTION
KIDS for the BAY is a project of Earth Island institute,a nonprofit organization supporting a network of
environmental projects. KIDS for the BAY(Kft8)provides a vital environmental education service for teachers,
children and the wider school community. We were founded in 1992 and over the past twelve years we have
partnered with 850 teachers and 24,000 students.
Working with KRB,schools adopt their local urban creeks, use the creek as a stimulating educational resource,
assess the creek habitat and organize restoration efforts. Students learn how their school neighborhoods connect
with their local creeps,the Delta and the San Francisco Bay Estuary. They learn about sources of pollution that
pollute the watershed and its wildlife,including the fish they eat. Students plan pollution reduction projects,
including personal actions,letter writing campaigns,and interviews with environmental officials who are invited
to visit schools and discuss pollution issues in local neighborhoods.
IL PROGRAM GOALS
Over the next three school years(2004-05,2005-06,and 2006-07)KftB will:
1) Increase awareness of urban runoff pollution to nine hundred students and change their behaviors to
reduce pollution at its source.
2) Teach thirty teachers how to use the local environment as an educational resource to stimulate students'
learning and empower students to become environmental stewards.
3) Integrated the Watershed Action program into the curriculum and culture of our target schools.
Principals,teachers,students and parents learn the value of reducing urban runoff pollution and practice
new behaviors in their schools and at home.
III. APPROACH
Multicultural Leadership
The KftB staff'will provide training and promotion within our organization to develop multicultural leaders in
environmental education. KRB works to change the field of environmental education to focus on education
through action,multicultural environmental education and environmental justice.
Addressing Environmental.Justice Issues
Students in low income,urban schools often live in toxic environments close to factories and refineries that are
polluting the air they breath,the water they drink and the fish that they eat from the bay. In the Watershed Action
Program students learn about sources of pollution,the importance of a healthy watershed and that everyone has
M c'nto h Hi7:K B:KftB Fun aisin :Ne Faundatio .2 Q3:ryCCwP-Ton a. ontract CCWP 6! 4:KFTBBu et04 07
Fo! er:KFTBScoW04 08.doc
the right to live in a clean and healthy environment. They study the work of young leaders in the environmental
justice movement and learn how they can also become leaders working for a healthy watershed environment.
Students also learn about personal actions that they can take to help reduce problems of nonpoint source pollution.
Regional Initiatives
KRB will work in collaboration with the Watershed Project to coordinate services and provide more
comprehensive support for teachers and students in Contra Costa and Alameda Counties throughout the term of
the School Watershed Action Program.
School-wide ImEpact
The KRB School Wide Impact Approach will focus on working with teams of teachers, school principals,
students and parents. Teachers will work closely with KRB and support each other,share resources and
collaborate in environmental action projects. School principals support the teachers partnering with KRB and
incorporate the program into their School Wide Development Plans. Parents are actively involved in student
presentations and field trips.
Curriculum
KftB lessons use a mix of approaches to teaching in order to engage students'visual,auditory and kinesthetic
learning styles,including: hands-on investigations,experiments,games,colorful maps and posters,sections of
videos and group discussions. KftB's approach makes the curriculum accessible and equal for all students. Our
programs include activities to break down stereotypes associated with scientists and environmentalists and
encourage all children to achieve in these disciplines. KftB programs integrate science,mathematics and
language arts into the theme of the local environment and teach the latest State Science Standards.
Educational Themes
(1)Biology,physics and chemistry of the San Francisco Bay-Delta ecosystem
(2) Maintaining a healthy watershed ecosystem,
(3) Pollution issues related to environmental justice
(4) Urban run-off pollution prevention
(5) integrated pest management
(6) Environmental stewardship and Community Action
School Recruitment and Commitment Process
The Program will target 4`b grade classes in schools that lack financial resources to fund watershed education
programs and that are situated in close proximity to creeks,the Bay and the Delta. KftB will send out flyers,
letters and brochures and contact schools via telephone to recruit interested teachers. Teachers will complete a
written application form and participate in a meeting with staff in order to assess their level of commitment
Teachers must apply in 4'h grade level teams to be considered for a program. Those schools selected to participate
will attend an orientation meeting with KftB staff and the principal and all will sign a contract that will outline the
joint expectations and commit to integrating the program into the school curriculum.
IV. PROGRAM DESCRIPTION
Target Audience
KRB will partner with 30 fourth grade teachers and their 900 fourth grade students over the next three school
years(2004-05, 2005-06, and 2006-07)to deliver the Watershed Action program to schools in unincorporated
Contra Costa County.
2
Teacher Training—Learning Alongside Their Students
Teachers will learn to teach the Watershed Action Program alongside their students. A KRB Program Director
will meet with each class for a series of four full days of instruction and to develop an action project. Program
Directors will demonstrate to the teacher how to organize hands-on aquatic science activities that work for
students in their local environment. Teachers will also have planning meetings with the Program Director to
develop preparation and follow up activities from the Program Guide. Each teacher that completes this hands-on
training program with their class will receive a Watershed Action Teacher's Program Guide and equipment kit.
This experiential, in-depth training approach will ensure that teachers continue teaching the Watershed Action
Program to each new class of fourth grade students year after year.
Program Workshops,Field Trips And Watershed Action Projects
Where Is Our Watershed?Workshop(One full day of lessons for the teacher and her students in the classroom)
Students and teachers will:
• learn what a watershed is through hands on activities
• map their local watershed in relation to their school site
• learn how local creeks,the bay and the ocean connect to form the San Francisco Bay Estuary
watershed
• create a three-dimensional model of the Bay-Delta Estuary watershed.
Watershed Environmental Health And Environmental Justice Workshop(One full day of lessons for the teacher
and her students in the classroom). Students and teachers will:
• investigate Bay plant and animal life,study food chains and learn how pollution is magnified
through food chains and how it impacts human health
• understand the importance of preserving a healthy bay-delta watershed for the health of wildlife
and people
• learn about sources of pollution and how they affect watershed health
• study watershed environmental justice issues and the environmental justice leaders who are
working on these issues.
Preventing Stormwater Pollution Workshoo(One full day of lessons for the teacher and her students in the
classroom and in the local school neighborhood).
Students and teachers will:
• learn how the school neighborhood is connected to the storm drain system,to local creeks,the
bay and the estuary,using posters,maps and the watershed diorama
• complete a survey of the local neighborhood storm drain system and an inventory of local sources
of stormwater pollution
• complete a neighborhood/storm drain clean up project
• learn how to take personal action to reduce stormwater pollution
• design and display posters to inform the school community how to reduce stormwater pollution
• interview and educate family members about how to reduce stormwater pollution.
Field Trip Workshop(One full day of lessons for the teacher and her students at a local creek,bay or delta habitat
selected by the teacher and students).
Students and teachers will:
• investigate the animal and plant life of a local creek,bay or delta habitat
• investigate the physical and chemical components of the habitat systems
• make a positive connection with their local watershed environment and develop reasons to help
take care of it
3
Watershed Action Project
Students and teachers will select and complete an action project with support and resources from KIDS for the
BAY Program Directors. Examples include:
• adopt,clean up and restore local urban creeks by removing trash,planting trees and wildflowers and
raising and releasing Pacific Chorus Frogs
• monitor water quality,assess creek health and share findings with local government officials
• learn about the storm drain system and teach other students and their families how to reduce nonpoint
source pollution to the creek
• interview local politicians about watershed environmental health and justice issues in their neighborhoods
• learn safe bay fishing and cooking practices that reduce intake of toxins from bay food,teach other
students and their families how to safely prepare and cook bay fish and interview fishing people about
safety precautions that reduce health risks.
Collaboration With Local Community Watershed Groups
Throughout Contra Costa County there are many"Friends of Creeks"groups who want to increase community
involvement in their creek restoration efforts. KRB acts as a liaison between partner schools and creeks groups to
identify and help develop restoration projects which students and family members can participate in.
Follow Up
KRB will follow up with teachers in the year after their training to provide additional support needed as the
teachers teach the program to their new students.
V. PERFORMANCE MEASURES
Evaluation Process
KRB staff will generate information for evaluations using the following tools:
• Teacher evaluation meetings and written evaluation forms
• Meetings with principals
• Comments from parents attending events
• Portfolios of students' work
• Implementation of action projects demonstrating students' understanding of concepts and skills
learned and behavior changes.
Evaluations will take place throughout the school year and programs will be continually improved using feedback
from participants. Final evaluations will take place at the completion of each program to make improvements for
future implementation. Program reports will describe how objectives were met and the knowledge gained
through the evaluation process. Highlights of programs will be communicated to all participants and constituents
of KRB in our newsletter.
Program Goal#1
Six hundred students will increase their awareness of urban runoff pollution and change their behaviors to reduce
pollution at its source.
Performance Measure: Evaluate student's understanding of the problems of urban runoff pollution.
Evaluate student's commitment to apply this understanding to their every day behaviors.
Program Goal#2
Twenty teachers learn to use the local environment as an educational resource to stimulate students' learning and
empower students to become environmental stewards.
4
Performance Measure: Evaluate the percentage of teachers continuing to teach the KRB Estuary Action
program each year.
Program Goal#3
The Watershed Action program is integrated into the curriculum and culture of our target schools. Principals,
teachers,students and parents learn the value of reducing urban runoff pollution and practice new behaviors in
their schools and at home.
Performance Measure: KRB staff will evaluate the sustained level of participation of target school
communities in the Watershed Action program.
TIMELINE
KftB will partner with 30 teachers and 900 students in the Watershed Action Program over a period of
three school years.
Item Timeline
First Ten Watershed Action Programs July 1 2004—June 30, 2005
Progress Report&Invoice December 15,2004
End Of First School Year Report& Invoice June 30, 2005
Second Ten Watershed Action Programs July 1 2005 —June 30, 2006
Progress Report&Invoice December 15, 2005
End Of Second School Year Report&Invoice June 30, 2006
Third Ten Watershed Action Programs July 1, 2006—June 30, 2007
Progress Report&.Invoice December 15,2006
End Of Third School Year Report& Invoice June 30, 2007
5
....................................
_.............................
Appendix B
Program Budget
Contra Costa County Watershed Program
KIDS for the BAY: School Watershed Action Program
July 20, 2004 ---June 30, 2007
Budget Narrative
This $120,000 contract provides funding for KfU3 to partner with 30 teachers and 900 students in the
Watershed Action Program over a period of three school years.
Personnel Expenses
Title Hourly Rate Est. Hours Total
Executive Director $58.00 465 $27,000
Education Director $34.00 705 $24,000
Program Director 1 $31.00 870 $27,000
Program Director 2 $31.00 339 $10,500
Program Director 3 $31.00 339 $10,500
Total Personnel Expenses $99,000
Responsibilities
Executive Director: administer program, direct program and curriculum development and outreach
Education Director and Program Directors: develop programs,teach programs,train teachers
Nan-personnel Expenses
Admin Fee @ 10% $12,000
Office Supplies and $3,000
Education Materials
Travel $4,500
Copying& Mailing $1,500
Total Non-Personnel Expenses $21,400
TOTAL BUDGET $120,000
urr vrscu v..r
Internal Revenue Service Department of the Treasury
District P.O.Box 2350, Los Angeles, Calif. 900 3
Director
Person to Contact:
L BARR.AGAN
Telephone Number:
EARTH ISLAND INSTITUTE (213) 894-2336
300 BROADWAY, SUITE 28 Refer Reply to:
SAS FRANCISCO, CA 94133-4529 EO(0121)97
Date
FEBRUARY 3, 1997
EIN: 94-2889684
Dear Taxpayer:
This letter is in response to your request for a copy of
the determination letter for the above named organ.izatiCr.,.
Our records indicate this organization was recognized to
be exempt from Federal Income Tax in SEPTEMBER 1982 as
described in Internal Revenue Code Section 501 (C) (3) It is
further classified as an organization that is not a because it
foundation as defined in Section 509 (a) of the Code,
is an organization described in Section 170 (b) (1) (A) (vi ) .
The exempt status for the determination letter issued
in SEPTE�iBrR 1952 continues to be effect.
If you need further assistance, please contact cur Off ice
at the above address or telephone number.
Sincerely,
Disclosure Assistant
0--h1
TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: JULY 20, 2004
SUBJECT: Approve and Authorize a Joint Executive Powers Agreement with the Contra Costa County
Resource Conservation Department.
(WO# 6W 7255,WO# 6W 7091,WO# 6W 7216)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers
Agreement with the Contra Costa County Resource Conservation District, in the amount of$140,000 for
the support of watershed coordination,for the period July 1,2004 through June 30,2007,East County area.
(Department of Conservation Watershed Coordinator Grant Funds and Stormwater Utility Area 17
Assessment Fees) (District III&V)
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
f
SIGNATURE S :'4.
ACTION OF BOA ON JULY 201 2004 APPROVED AS RECOMMENDED x OTHER
I
f
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
TR:cw
O:\GMData\FldCtMdnrinistration`aoatd Orden\2004 HO\RCD_MJC graze BO 7_20_04.doc ATTESTED: JULY 20 y 004
Orig.Div: Public Works Depattuxnt
Contact: Tonya Redfield(925)313-2313 JOHN SWEETEN,Clerk of the Board
cc: CAO
County Counsel of Supervisors and County Administrator
By ,Deputy
SUBJECT: Approve and Authorize a Joint Executive Powers Agreement with the Contra Costa County
Resource Conservation District
DATE: July 20, 2004
PAGE: 2
II. Fiscal Impact:
The majority for this contract will be funded by the Department of Conservation (DOC) Watershed
Coordinator Grant. The County is required to contribute approximately$20,000 in matching funds over a
three year period (June 2004 — 2007). Matching funds will be covered by Stormwater Utility Area 17
assessment revenue. The County General Fund will not be impacted.
III. Reasons for Recommendations and Background:
The County,through a partnership between the Contra Costa Resource Conservation District(RCD)and Natural
Heritage Institute(NHI),applied for a grant from the DOC in November 2003 to provide watershed coordination
in the East County area. The County was awarded the grant($215,959),which will fulfill the following goals:
1. Meet the provisions of the County's State-mandated, National Pollutant Discharge Elimination
System(NPDES)permit provisions.
2. Improve the quality of aquatic habitats in the lower watershed and Delta through an integrated
program of urban stormwater management.
3. Foster local volunteer participation in watershed stewardship and habitat restoration.
4. Improve the quality of water flowing into the Delta through an integrated program of agricultural tail
water and run-off management, water conservation, and wildlife friendly agriculture.
As outlined in the DOC Grant Agreement,the County will utilize the grant funding to support two half-time
watershed coordinators who will work collaboratively to achieve the goals listed above.One coordinator will
be employed by the RCD to focus on implementation of agricultural best management practices (BMPs).
The other coordinator will be employed by NHI to focus on urban stormwater BMPs and engaging the
community in local watershed stewardship.
The Purpose of this Joint Executive Powers Agreement is to formalize the RCD's role in the grant
program.
IV. Consequences of Negative Action:
Without approval,the County will not have sufficient staff to fulfill the grant program requirements and the
grant will be rendered invalid. Thus,the County would not receive reimbursement from the DOC for the
grant program.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY AND CONTRA COSTA RESOURCE
CONSERVATION DISTRICT TO PROVIDE TECHNICAL ASSISTANCE FOR THE
INSTITUTION OF THE DEPARTMENT OF CONSERVATION WATERSHED
COORDINATOR GRANT PROGRAM
This AGREEMENT is effective as of the 1St day of July, 2004, and is entered into by and
between the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, herein referred to as "COUNTY," and the CONTRA COSTA RESOURCE
CONSERVATION DISTRICT, a California State legislated special district, hereinafter
referred to as the "RCD", pursuant to Government Code section 6500, and who mutually
agree and promise as follows:
The parties to this Joint Exercise of Powers Agreement (JEPA) mutually agree and
promise as follows:
1. Background and Purpose
The COUNTY, through a partnership between the Contra Costa Resource
Conservation District (RCD) and Natural Heritage Institute (NHI), applied for a
grant from the Department of Conservation (DOC) in November 2003. The
COUNTY was awarded the grant($215,959), which will fulfill the following goals:
1. Meet the provisions of the COUNTY's State-mandated, National Pollutant
Discharge Elimination System (NPDES) permit provisions.
2. Improve the quality of aquatic habitats in the lower watershed and Delta
through an integrated program of urban stormwater management.
3. Foster local volunteer participation in watershed stewardship and habitat
restoration.
4. Improve the quality of water flawing into the Delta by working
collaboratively with irrigated agricultural producers to develop and
implement an integrated program of agricultural tail water and run-off
management, water conservation, and wildlife friendly agriculture.
The COUNTY will be utilizing the grant funding to support two half-time watershed
coordinator positions who will work collaboratively to achieve the goals listed above.
One coordinator will be employed by the RCD to focus on implementation of
agricultural best management practices (MMPs). The second coordinator will be
employed by NHI to focus on urban stormwater BMPs while engaging local
residents in the planning, implementation, and monitoring of habitat restoration and
water quality improvement projects.
The purpose of this JEPA is to employ a half time Watershed Coordinator to
develop and assist with the implementation of agricultural best management
practices (BMPs) in Centra Costa County.
1
2. Scope
A. The RCD shall perform the following activities:
(1) Implement water conservation measures and other BMPs to
reduce the quantity of polluted tail water flowing from agricultural
fields to the Delta.
(2) Improve the quality of tail water and stormwater discharge flowing
to the Delta from agricultural fields.
(3) Implement BMPs that improve the wildlife value of irrigated
agricultural and reduce stormwater runoff.
(4) Provide other technical support to the COUNTY on an "as-needed"
basis to assist with projects related to the Contra Costa County
Watershed Program.
(5) Provide quarterly and annual reports with invoices to the COUNTY.
(6) Work cooperatively with the COUNTY in preparation of the final
report to the DOC.
B. COUNTY shall perform the following activities:
(1) As lead agency, manage and administer the Grant Program.
(2) Make available to the RCD all results and information received from
the Grant Program.
(3) Distribute copies of the fully executed JEPA to the RCD.
(4) Work cooperatively with the RCD in preparation of the final report to
the DOC.
3. Financial Responsibility.
A. COUNTY shall:
(1) Pay all costs for technical assistance services rendered by the RCD,
not to exceed a total amount of $140,000.
(2) Direct the Contra Costa County Public Works Director/General
Manager and the Contra Costa County Auditor/Controller to establish
a separate account for this JEPA.
(3) Submit payments to the RCD within 30 days of receipt of invoices
submitted by the RCD.
2
.................................................................... .............................................................................
.................................................................................................................................................................................................................................................................................................................. . ....
B. Each Agency shall pay their:
(1) Own agency costs associated with their individual participation in this
JEPA outside those mentioned in this agreement.
4. Surplus Money. After the completion of the purposes of this Agreement, any
surplus money on hand shall be returned in proportion to the contribution made by
the parties hereto.
5. Insurance and Hold harmless.
A. The contract documents for all contractors and subcontractors shall include
provisions requiring the successful bidder to:
(1) Secure and maintain in full force and effect, during the existence of
this JEPA and the consultant contract, worker' s compensation and
public liability and property damage insurance in forms and limits of
liability satisfactory to the RCD and COUNTY, and naming the RCD
and COUNTY, their respective governing bodies, officers, agents,
and employees as additional insureds.
(2) Promise to defend, hold harmless and indemnify the RCD and
COUNTY, their respective governing bodies, officers, agents, and
employees from all claims, suits, actions, or liability arising out of its
performance under the consultant contract(s).
(3) The aforementioned policies shall contain a provision that the
insurance afforded thereby to the additional insureds shall be primary
insurance to the full limits of the policy. If any of the additional
insureds has other insurance or self-insurance against a loss covered
by such policy, such insurance or self-insurance shall be excess
insurance only. Before beginning work under the consultant contract,
the consultant shall submit to COUNTY and the RCD, a certificate of
insurance issued by the insurer evidencing the required coverage and
requiring the carrier to give at least thirty (30) days written notice to
COUNTY and the RCD, of any cancellation, non-renewal, or material
modification of the policy. COUNTY shall be responsible for ensuring
that this requirement has been met before authorizing the consultant
work to proceed. COUNTY shall obtain additional insured certificates
or other written evidence satisfactory to parties to this ,JEPA and
confirming that these parties have been named as additional insureds
on each of the liability policies.
B. Neither COUNTY, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability to the extent occurring by reason of
anything done, or omitted to be done by the RCD in connection with any
work delegated to the RCD under this JEPA, and to the extent not covered
by the above described insurance the RCD shall defend, indemnify, save,
and hold harmless COUNTY, its governing body, officers, agents, and
employees, from the same.
3
C. Neither the RCD, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability to the extent occurring by reason of
anything done, or omitted to be done by COUNTY in connection with any
work delegated to COUNTY under this JEPA, and to the extent not covered
by the above described insurance, COUNTY shall defend, indemnify, save,
and hold harmless the RCD, its governing body, officers, agents, and
employees, from the same.
D. COUNTY acknowledges that entry into the project area carries with it a
certain risk and agrees to release the RCD, its officers, employees,
consultants, and agents, from any liability for death, or injury to, COUNTY
representative(s) while present in project-related construction areas,
except for liability resulting from the active negligence or willful misconduct
of the RCD.
E. Nothing in this JEPA is intended or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
6. Acceptance. COUNTY and the RCD shall conduct a final review of the Final
Report when completed. After the RCD and COUNTY have determined that the
work performed by the contractor has been completed to their satisfaction,
COUNTY shall accept the Final Report as complete for itself and for the RCD. The
RCD shall not unreasonably withhold or delay its determination of the Final Report
completion.
7. Accountability. As required by Government Code Section 6505, COUNTY shall
provide strict accountability of all funds received and disbursed under this JEPA.
8. Agreement Modification. This JEPA shall be subject to modification only with the
written consent of the legislative bodies of both parties. Neither party shall
unreasonably withhold its consent to modification for the implementation and
accomplishment of the overall purpose for which this agreement is made.
9. Agreement Termination. Unless terminated earlier through the mutual, written
consent of the parties, this agreement shall terminate upon final payment by
COUNTY of any outstanding costs due to the RCD, which shall survive termination
of this agreement.
10.Entire Agreement. This JEPA contains the entire understanding of the parties
rebating to the subject matter of this JEPA. Any representation or promise of the
parties relating to the project shall not be enforceable unless it is contained in this
JEPA or in a subsequent written modification of this JEPA executed by the
legislative bodies of both parties.
11.Notices. All notices (including requests, demand, approvals or other
communications) under this Agreement shall be in writing.
A. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3) business days after deposit in the United
4
State Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt, if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized
overnight courier, notice shall be deemed deliverable one (1)
business day after deposit with that courier.
(4) When personally delivered to the recipient, notice shall be deemed
delivered on the date personally delivered.
B. The place for delivery of all notices given under this Agreement shall be as
follows:
Contra Costa County, Public Works Department
Attn: Maurice Shiu, Director
255 Glacier drive
Martinez, CA 94553-4825
Contra Costa County, Public Warks Department
Watershed Program
Attn: Tonya Redfield, Watershed Management Specialist
255 Glacier Drive
Martinez, CA 94553-4825
Contra Costa Resource Conservation District
Attn: Carol Arnold
5552 Clayton Road
Concord, CA 94521
Or to such other addresses as COUNTY and RCD may respectively
designate from time to time by written notice to the other.
5
CONTRA COSTA COUNTY PUBLIC CONTRA COSTA RESOURCE
WORKS DEPARTMENT CONSERVATION DISTRICT
255 Glacier Drive 5552 Clayton Road
Martinez, CA 94553-4825 Concord, CA 94521
�y By a7 k.a
hair, Board of Supervisors President, Board of Directors
ATTEST: JULY 20, 2004
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By .
Recommend for Approval:
Maurice M. Shiu,
Public Works Director
By �
Form Approved:
Silvano B. Marchesi
County Counsel
6
TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: JULY 20, 2004
SUBJECT: Approve and Authorize a Joint Exercise of Powers Agreement with the California Coastal
Commission and the Department of Boating and Waterways
(WO#6W 7255,WO#6W 7091,WO#6W 7216)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers
Agreement QEPA) with the California Coastal Commission (CCC) and the Department of Boating and
Waterways(DB W)that provides payment,in the amount of$148,868 for technical assistance to the Contra
Costa County Marina Grant Program,for the period July 1,2004 through December 31,2005,East County
area. (State Water Resource Control Board,Proposition 13 Drinking Water Grant Funding)(District III&
V).
Continued on Attachment: X SIGNATURE.:
—RECOMMENDATION OF BOARD COMMITTEE
,4PROVE „_,,-QTHER
t r f
SIGNATURE(S)
ACTION OF BO N JULY 20k 2004 APPROVED AS RECOMMENDED x_x OTHER
t
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NONE }
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
TR:cw ATTESTED: JULY 20, 2004
G.iGrpDwa\FldC:tilAdttunistration\8oard 6rdesi2404 BO
\Connty_CCC_Daw JEPA HO 7_20_04.doe JOHN SWEETEN,Clerk of the Board
or€v.Div: Public WeftD`pa`trnent +�,of Supervisors and County Administrator
Contact: Tonya Redfield(925)313-2333 p `�
cc: CAO
County Counsel By 'Deputy
SUBJECT: Approve and Authorize a JEPA with the California Coastal Commission and the Department of
Boating and Waterways.
DATE: July 20, 2004
PAGE: 2
II. FiscalImpact:
This JEPA will be funded by the State Water Resource Control Board, Proposition 13 Drinking Water
Grant. The County will pay$148,868 for one full time CCC employee from these grant funds over the next
year and a half(July 1, 2004•-December 31, 2005). The County General Fund will not be impacted.
III. Reasons for Recommendations and Background:
The Sacramento and San Joaquin Delta(Delta) is a valuable water resource for the State and contributes
approximately 42% of the natural water runoff in the State. In addition to providing water for irrigating
agricultural lands,the Delta is a substantial drinking water source for 2 million customers in the Bay Area
and over 450,000 local Contra Costa County residents.Further,over 22 million Californians receive part or
all of their drinking water from the State Water Project that draws water from the southern Delta. The Delta
then drains to San Francisco Bay and the Pacific Ocean.
Simultaneously,these same waterways and channels support various recreation activities and border some of
America's fastest growing urban cities, Brentwood. and Oakley. Contra Costa County alone is home to
approximately 4% of California's 963,000 registered boaters. Additionally, the population of the five
counties adjoining the Delta is expected to increase to 5.2 million by the year 2005.
The Delta provides valuable habitat for a variety of fish and wildlife including ninety-one species of fish and
225 species of birds. The Pacific Flyway also passes directly over the Delta providing precious habitat for
migratory birds and other wildlife.
In consideration of improving and preserving water quality in the Delta,COUNTY developed a program that
would use education and infrastructure to preserve and protect drinking water quality,recreational uses and
environmental health in the Delta. In September 2002,COUNTY applied for and was awarded a Proposition
13 Grant($985,000)from the State Water Resource Control Board to implement,"The Water You Play In Is
The Water You Drink" (Program), to study and implement actions to target the cumulative impacts of
pollutants on Delta water quality. Pollutants such as pathogens(overboard sewage discharge and pet waste),
petroleum hydrocarbons(fuel,oil,contaminated bilge water,and solvents),and other liquid wastes(engine
and hull maintenance and general marina activities)can be generated and inadvertently discharged into the
Delta during recreational boating, waterfront residential occupancy and marina activities.
Due to the technical nature and shared goals encompassed within the Program,COUNTY will partner with
the Department of Boating and Waterways and the California Coastal Commission to obtain technical
assistance on a variety of tasks related to addressing pollution from recreational boating.
The Program will enable the California Coastal Commission and Department of Boating and Waterways to
enhance the statewide Boating Clean and Green Campaign by providing the opportunity to pilot new clean
boating programs in the Delta region.The Boating Clean and Green Campaign was developed by the CCC,
which has implemented it since 1997. The statewide portion of the Campaign is currently funded by the
California Integrated Waste Management Board. The CCC's goal, at the conclusion of this Program,is to
transfer the Boating Clean and Green Campaign to DBW or another appropriate entity.
SUBJECT: Approve and Authorize a JEPA with the California Coastal Commission and the Department of
Boating and Waterways.
DATE: July 20, 2004
PAGE: 3
The total funding available for this Program from the Proposition 13 grant is $148,868.
The purpose of this JEPA is to fund an employee for 18 months to work with the County,the DBW
and the CCC to implement the Program. The method of implementing the Program is specified in the
JEPA, Scope of Services,Appendix A.
IV. Consequences of Negative Action:
Without approval the County will not have sufficient staff to fulfill the grant program requirements and the
grant will be rendered invalid. Thus,the County would not receive reimbursement from the SWRCB for the
grant program.