HomeMy WebLinkAboutMINUTES - 07202004 - C.63 JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY, DEPARTMENT OF BOATING AND
WATERWAYS, ANIS CALIFORNIA COASTAL COMMISSION TO PROVIDE TECHNICAL
ASSISTANCE FOR A PROJECT FUNDED BY THE STATE WATER RESOURCE
CONTROL BOARDICALFED PROP 13 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,
hereinafter referred to as "COUNTY," and the DEPARTMENT OF BOATING AND
WATERWAYS, a California state agency, and hereinafter referred to as `°DBW", and the
CALIFORNIA COASTAL COMMISSION, a state agency established pursuant to Section
30300 of the California Coastal Act of 1976 (California Public Resources Code section 30000
et seq.) and hereinafter referred to as "CCC", 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. Backgmund and Purposes_
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
1
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.
The total funding available for this Program from the Proposition 13 grant, as specified
below, 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 Scope of Services, attached as Appendix A.
2. Method.
A. The DM shall:
(1) Participate in the steering committee to jointly oversee the CCC
employee and guide the progress of the program.
(2) Contribute, at no cost to the COUNTY, available DBW educational
materials to be included in the Program boater kits such as: ABC
California Boating Laws, Clean Boating Habits, etc.
(3) Participate in and help organize quarterly meetings between CCC, DBW
and the COUNTY. Facilitate 1 or 2 meetings of the Sacramento San
Joaquin Delta Chapter of the California Clean Boating Network.
(4) Provide available baseline data related to project area.
B. The CCC shall:
(1) Participate in the steering committee to jointly oversee the CCC
employee and guide the progress of the program.
(2) Provide employee to complete tasks outlined in Appendix A, Scope of
Services,
C. COUNTY shall:
(1) As lead agency, manage and administer the Program
2
.. -
(2) Participate in the steering committee to jointly oversee the CCC
employee and guide the progress of the program.
(3) Enter into separate agreements with selected contractor(s) to acquire
boater kit contents and graphic design products.
(4) Make available to the DBW and CCC all reports including the final
report. COUNTY will submit reports to the SWRCB and CALFED.
(5) Distribute copies of the fully executed JEPA to the DBW and CCC.
3. Financial R sponsihilitT
A. COUNTY shall:
(1) Reimburse and pay all costs for technical assistance services (set forth
in Appendix A) provided by the CCC for the Program in accordance with
the Program Budget in Appendix B. Costs for the Program, as carried
out by CCC, will not exceed a total amount of $143, .
(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 CCC within 30 days of receipt of invoices
B. lit shall:
(1) Provide available in kind, technical assistance to the COUNTY and CCC
as related for the Program.
C. CSC shall:
(1) Submit invoices to the COUNTY for services provided for the Program
and outlined in Appendix B, Program Budget. Invoices shall include
detail of staff hourly costs, travel, printing, postage, and non-personnel
related expenses. Costs for the Program, as carried out by the CCC,
will not exceed a total amount of
$148,888-
4. Surplus Money- After the completion of the purpose of this agreement, any surplus
money on hand shall be returned in proportion to the contribution made to each
participating agency.
5. Insumnc .and Hold Harml as_
3
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, workers compensation and public
liability and property damage insurance in forms and limits of liability
satisfactory to the DBW, CCC, and COUNTY, and naming the DBW,
CCC and COUNTY, their respective governing bodies, officers, agents,
and employees as additional insureds.
(2) Promise to defend, hold harmless and indemnify the DBW, CCC, 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, the DBW, and CCC, 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, the
DBW, and CCC, 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.
D. COUNTY acknowledges that entry into the project area, the Sacramento/San
Joaquin Delta, carries with it a certain risk and agrees that the DBW and
CCC, its officers, employees, consultants, and agents, shall not be liable for
death, or injury to, COUNTY representative(s) while present in project areas,
except as provided by state law.
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 DBW and CCC shall conduct a final review of the Final
Report when completed. After the DBW, CCC, and COUNTY have determined that the
work described in Appendix A, Scope of Services has been completed to their
satisfaction, COUNTY shall accept the Final Report as complete for itself and for the
DBW and CCC. The DBW and CCC shall not unreasonably withhold or delay its
4
..........................................................................................................................................................................................................................................................................................................................
determination of the Final Deport 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 authorized representatives of all parties. None of the parties shall
unreasonably withhold its consent to modification for the implementation and
accomplishment of the overall purpose for which this agreement is made.
9. A;geement Terminatbo. Unless terminated earlier through the mutual, written consent
of the parties, this agreement shall terminate on December 31, 2005. Thereafter, the
CCC will have 60 days to submit invoices for final payment.
10. Fntire Agreement. This JEPA contains the entire understanding of the parties relating
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 authorized representatives
of all parties.
11. hInlicas aod Project BepresentatiMas. 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
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 project representatives during the term of the Agreement, and the places
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
County Watershed Program
5
Attn: Tanya Redfield, Watershed Management Specialist
255 Glacier Drive
Martinez, CA 94553-4825
(925) 313-2313
Department of Boating and Waterways
Attn: David Johnson
Department of Boating and Waterways
2000 Evergreen St., Suite 100
Sacramento, CA 95815
(916) 263-0780
California Coastal Commission
Attn: Christiane Parry, Public Education Program Manager
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
(415) 904-5208
Or to such other addresses as COUNTY, DBW, and CCC may respectively
designate from time to time by written notice to the other.
6
CONTRA COSTA COUNTY PUBLIC
WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 34553-4825
By
Chair, Beard of Supervisors
ATTEST: JULY 20, 2004
Jahn Sweeten, Clerk of the Board of
Supervisors and County Administrator
By
Deputy
Recommend for Approval:
Maurice M. Shiu,
Public Works Director a
By .
Form Approved:
Silvano B. Marchesi
County Counsel
By `""'- �
Deputy
7
CALIFORNIA COASTAL COMMISSION
45 Fremont Strut, Suite 2000
San Francisco, CA
By
;�--xe utiye Director
Form Approved:
By.
Counsel
9
DEPARTMENT OF BOATING AND
WATERWAYS
2000 Evergreen St., Suite 100
Sacramento, CA 05815
t
Director
Form Approved;
ks
By
'Counsel
s
APPENDIX A
Scope of Services
July 1,2004 to December 31,2005
This Scope of Services represents a Partnership of Contra Costa County
Public Works Department, California Coastal Commission, and Department of Boating and Waterways
The California Coastal Commission(CCC)will employ one full-time individual to perform the duties
listed in the tasks below. The Contra Costa County Public Works Department(County) will fund the
CCC employee through a State Water Resources Control Board Proposition 13 Grant(Grant). The
CCC, Department of Boating and Waterways(DBW) and the County will form a steering committee to
jointly oversee the employee and guide the progress of the project. The CCC will have lead
responsibility for supervision of the employee and shall guarantee the completion of the following
tasks. Project subtasks and details,not outlined in this scope, will be identified during regular planning
meetings between the County,the CCC, and DBW.
A. Project Administration
The CCC shall provide support to the County for the following administrative tasks:
1. Meet with County and DBW on an as needed basis.
2. Attend various meetings upon request by County.
3. Assist the County in preparing pertinent sections of the Project Assessment and Evaluation
Plan as a requirement of the County's Chant.
4. Keep a weekly journal to document the process that was undertaken to accomplish the tasks
outlined in this scope and the program goals.
5. Provide technical support to the County on marina best management practices.
B. Boater/Marina Operator Education
The CCC shall assist the County with the development and launch of the boater outreach program, as
follows:
1. Train local volunteers to be"Dockwalkers", a volunteer boater advocate network started by the
CCC as part of its Boating Clean and Green Campaign. Hold Dockwalker trainings in four
Delta locations in 2005.
2. Provide all necessary Dockwalker training materials.
3. Organize and attend two Dockwalkers events and help staff at least four additional special
events (boat shows, ski competitions, etc) in 2005. Provide an event schedule for 2005.
4. Assist the County with procurement of bilge absorbents and boater kit items. The County will
directly fund all boater kit contents for the project area. Funds to purchase boater kit contents
are not included in the JEPA.
5. Provide technical support to the County graphic design contractor, DaRold Designs, for
development of a"point-of-purchase"outreach display in 2004. Distribute displays to
Unincorporated Contra Costa County marine supply shops and other appropriate outlets in
2005.
C. Marina Mapping
The CCC shall provide technical support to the County graphic design contractor, DaRold Designs, to
create a Recreational Boating Map. The County will print the maps.
1. Provide GIS data and map template to County.
2. Meet with the County Graphic Designer on an as-needed basis.
3. Assist the County with distribution of the Recreational Boating Map in 2005.
D. Research/Baseline Data Collection
The CCC shall conduct research in Contra Costa County to refine the boater education program and
identify gaps in services to the boating population and marinas.
I. Collect existing data on other recreational boating programs similar to the County's.
2. Collect existing baseline data related to the project area such as socioeconomic conditions,
recreational uses, peak recreation seasons, and boater demographics.
3. Create and conduct a survey of marina operators in Contra Costa County in 2004. Surveys will
be distributed via mail and individual site visits where appropriate. A County student intern
will provide support with this task.
4. Create and conduct a survey of recreational boaters beginning in September 2004 and
throughout the boating season in 2005. Recreational boater surveys will be conducted at
special events {boat show, etc.} and by Dockwalkers during organized visits to marinas and
recreation hot spots. A County student intern will provide support with this task.
5. Use CCC Needs Assessment data to identify the boating areas that have insufficient services.
6. Use compiled data to develop recommendations that may influence the development of the
boater education outreach program and placement of pollution prevention infrastructure.
E. California Clean Boating Network. Sacramento/San Joaquin Delta Chapter
In cooperation with the County and DBW,the CCC shall work to establish a Sacramento/San Joaquin
Delta Chapter of the California Clean Boating Network(CCBN), as follows:
1. Set up a member database and email distribution list.
2. Organize 4 quarterly CCBN meetings in 2005. The DBW shall facilitate one or two of the
meetings.
3. Work with the County graphic designer, DaRold Designs, and staff to develop inserts for 4
issues of the Changing Tides newsletter in 2005,published by the Santa Monica Bay
Restoration Program. One side of the insert will specifically address clean boating issues in the
Delta, and other side will focus on clean boating in northern California.
F. Clean Marina Recognition
The CCC shall work with the County to explore the feasibility of implementing a Delta Clean Marina
Recognition Program.
G. Project Evaluation/Reporting
Upon completion of the other tasks, the CCC shall perform the following task to satisfy requirements
outlined by the County's Proposition 13 Grant.
1. Assist the County in the preparation of a Final Report related to the tasks accomplished within
this scope. The information should include the following for each task area:
a. A brief introduction to areas covered
b. Description of how project goals were met
c. Deliverables produced
d. Evaluation of program success
Appendix B
Partnership Budget
July 1, 2004-December 31, 2005
7/01104 to 6130/05 7102/05 to 12/31/05 Total
FY 04/05 12 mos FY 05/06 16 mos)
77,Salary and benefits 70,735 33,630
Direct overhead 1,517 9,100
Admin overhead 9,903 4,708
Subtotal 82,155 47,438 $ 129,593
qq
""WOO,~1111,10,0001W.
Travel Trainings&events1,500
Communications URS-boater kits 1,000
Subtotal 2 Sob 0 $ Z 500
} IR
i
�. {,r € .k�d.E�ki&_��4 j�i a f U;5,9, UNITE c•�'I�&
i�, ..Y...... F �< ,J,a i .__ rie`.`t .. :V�F.k $Re r.,3 F, .. .z..ghya..�3s .w�.�i
Travel research and dist. 500
Postage corresp.&distribution 800
Subtotal 9,300 0 $ 1,300
UK
Travel CCBN&Tech.Assist. 1,000 400
Postage corresp.&distribution 500 125
Subtotal 1,500 525 $ Z,025
.. .�. , 10_ � �.x., �
��ii€��„„ b,x'. �xz. ° ,�`'•,.,, 3.�z.w s,
Travel Research and coordinaton 800 200
Postage corresp.&distribution 500 250
Subtotal 1,300 450 $ 9,750
a £
sr F vE '
Travel
distribution 500
Postage distribution 1,000
Subfotal 1,500 0 $ 7,500
Travel to Contra Costa&Sacto 4,000 2,600
Subtotal 4,000 2,600 $ 6,600
ON
'01 q7 Miscellaneous
��ffi
.,,,c�; "� � ','�"'
General � ense 3,100 � � 500
Subtotal 3,100 500 $ 3,600
Grand Total 97,355 51,513 148,$68