HomeMy WebLinkAboutMINUTES - 08142007 - C.49 SE,_L
TO: BOARD OF SUPERVISORS Contra`� �L-��'
CostaFROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
'i1:96
DATE: August 14, 2007 -c3�14�a
sr9 (f--- County
C - L14)
SUBJECT: Execute a contract with San Francisco Estuary Institute, East County area. (Non-point Source
Pollutiol] Control Program, Proposition 40, 2005-06 Consolidated Grants Program Funding) (District
ill & V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with San Francisco
Estuary Institute (SFEI) in the amount of$77,669, for water quality monitoring and data reporting services, for
Phase I1 of the "Keep the Delta Clean" (KDC) Program, for the period beginning August 14, 2007 through
September 1, 2008, East County Area.
CONTINUED ON ATTACHMENT: 0 SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR frc6ml`'IEND NOF OARU CO2!!! E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED �_ OTHER
VOTE O • SUPERVISORS: I HEREBY CERTIFY THATTHIS IS A TRUEANDCORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT' MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE-SHOWN.
ABSENT: ABSTAIN:
Contact: Peter Inouye at(925)313=2317
"I'R:PI:jj
G:\F1dCtl\Board Orders 2005 Onnard\2007 BO\SF Estuary Contract BO 8-14-07 ATTESTED
WI'.doc JOHN C LEN,Clerk of the Bo rd of Super isors
cc: CAO—E.Kuevoi
Public Works:
Greg Connaughton.Flood Control Division
Rich I_ierly,FluOd Control Division,County Watershed Prograin BY! DEPUTY
SUBJECT: Execute a contract with San Francisco Estuary Institute, East County area. (Non-point Source
C — Pollution Control Program, Proposition 40, 2005-06 Consolidated Grants Program Funding)
(District III & V)
DATE: August 14, 2007
PAGE: 2 of 3
FiSCAL IMPACT:
No fiscal impact to the general fiend. All costs associated with the Program Director will be paid with Proposition
40 Grant Funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In 2001,the Contra Costa County Watershed Program (CWP), a division of the Public Works Department and lead
agency for the KDC Program acknowledged the immediate need to enhance and protect the Delta's water quality
from Non-point Source (NPS) pollution. The primary mission of the CWP is to focus on reducing and eliminating
potential sources of NPS pollution for the preservation and protection of both human and environmental health. In a
world of constrained budgets,increasing awareness about the importance of environmental resources protection and
the emerging need to meet mounting environmental regulations, the CWP began to explore what was being done
within Contra Costa County (County) to address all of these concerns.
There are a variety of potential sources of NPS pollution within Contra Costa's Delta region, including urban
stormwater and agricultural runoff, the rapid development of land adjacent to the Delta(construction operations),
large animal management("equestrian facilities and livestock ranching),water-based recreation(recreational boating,
marina operations and water-based recreation), and waterfront residency(housing developments built on the Delta's
banks and levies). In a review of CWP programs, it was determined that programs/efforts were already under-
development or in the process of being implemented to address each of the NPS pollution sources mentioned above
except for that of water-based recreation and residency. Because the number of residents living on the water in the
Delta is relatively small when compared with the larger boating industry in the area,it was detennined that the CWP
would focus its efforts on the boating industry. It was assumed that waterfront residents would likely own boats and
so would be indirect recipients of the CWP's outreach efforts.
In addition to considering potential sources of NPS pollution in the Delta,the CWP evaluated the Delta's beneficial
uses and the characteristics of the local boating industry in order to better understand the needs of boaters and impact
a boating program could have on their behavior. The County is home to approximately 19%of California's 880,000
registered boaters. Tile Delta has over 150 marinas, 57.of which are in Contra Costa alone, and more than 170,400
registered boaters living in its surrounding counties(Alameda, Contra Costa,Sacramento, San Joaquin,Solano,and
Yolo). Additionally, sorne of the fastest growing suburban areas in California are adjacent to the Delta and expected
to bring thousands of new boaters in the coming years.
The need for a clean boating program was identified and County staff then developed a proposal for the KDC
Program in 2002. The purpose of the KDC Program would be to protect and sustain the Delta's beneficial resource
by reducing the cumulative impacts of NPS pollution that may be caused by marina operations and recreational
boating. The proposal was submitted to the State Water Resources Control Board (SWRCB) and later funded in.
2003 ($965,000, Costa-Machado Water Act of 2000, Proposition 13, Grant Funding).
The KDC was championed by the County and was a pilot project that demonstrated the effectiveness of marina-
based pollution prevention infrastructure and boater education. The KDC Program drew much attention to the
County's commitment to be at the forefront of NPS pollution issues through an innovative program. This in turn
SUBJECT: Execute a contract with San Francisco Estuary Institute, East County area. (Non-point Source
Pollution Control Program, Proposition 40, 2005-06 Consolidated Grants Program Funding)
(District III & V)
DATE: August 14, 2007 ,
PAGE: 3 of 3 Ll`�7�
garnered respect and attention from other Counties that share the Delta (Sacramento, San Joaquin, Solano, and
Yolo). Through the extensive network of partnerships and the value demonstrated through the program,the County
gained the exposure it needed to form an alliance between the other four Delta Counties.
A second phase of the KDC Program began to emerge through this alliance. In early 2006, the KDC partners
(including representatives from the City of Stockton and Sacramento, San Joaquin, Solano and Yolo Counties)
developed a grant proposal,with the County as the logical lead agency, to expand the existing program model from
its previous geographic restriction (Contra Costa County) to the entire Delta region.
The competitive grant proposal was awarded S 1.6 million in Proposition 40 funds by the SWRCB on December 1,
2006. The grant fiends would provide the resources for additional pollution prevention infrastructure, an expanded
education campaign, and a program team to implement Phase 11, more formally known as the Sacramento—San
.Joaquin Delta Watersheds' Boating Program (DBP). The DBP represents Phase H of the County's KDC Program
and will expand the Program throughout the surrounding Delta counties (Sacramento, San Joaquin, Solano and
Yolo). This multi-jurisdictional approach will unify a diverse group of Delta stakeholders to integrate regional
efforts that prevent NPS pollution in order to protect beneficial uses (drinking water, agricultural irrigation waters,
recreation, and preservation of wildlife Habitat).
Phase 11 will be governed by the five Delta Counties through a Joint Executive Powers Agreement. The Program
Team, including Janet Smartt, will be composed of consultants acting under the aegis of this regional group of
counties, and will guide the major decisions and direction of the Program. The Program Team will look to the
regional group as a supervisory entity in their day-to-day work. The County will remain the lead agency for the
purpose of processing reports, invoices, and other administrative duties, most of which will be covered by grant
funding. Phase 11 is due to begin retroactively to December 1, 2006, which will leave only 17 short months to
implement the program in its entirety.
The purpose of this contract is to receive services from the SFEI to perfonn water quality monitoring and sampling,
create sampling plans, provide summary reports on data collected, and assist with the development of a Pollution
Prevention Model for Phase 11 of the Program. All tasks are requirements set forth in the Grant Agreement between
the County and the SWRCB. The SFEI possesses all the qualifications necessary to accomplish the tasks outlined in
the attached Long Form Contract, Scope of Services.
CONSEQUENCES OF NEGATIVE ACTION:
Contra Costa County Public Works Department will be unable to accomplish all the tasks outlined in the Grant
Agreement between the County and the SWRCB in regard to water quality sampling and performance measurement.
Failure to complete these tasks will result in the inability to successfully meet the provisions of the SWRCB Grant
Agreement wi th the County, in turn forfeiting a large portion of the.S 1.6 million in grant funding from the SWRCB.
Contra Costa County STANDARD CONTRACT Number
k- l
Standard Form IA. (Purchase of Services-Long Form) Fund/Org# 7517
Revised 2002 Account #
Other # 6W7264
L Contract Identification.
Department: Contra Costa County Public Works Department
Subject: Contra Costa County Marina Grant Program, Phase 11 Implementation
2. Parties. The County of Contra Costa, California(Count),), for its Department named above,and the following
named Contractor mutually agree and promise as follows:
Contractor: San Francisco Estuary Institute
Capacity: Non-profit Corporation
Address: 7770 Pardee Lane, Oakland, CA 94621
3. Term. The effective date of this Contract is August 14, 2007. It terminates on September 1, 2008 unless
sooner terminated as provided herein.
4. Payment Limit. County-'s total payments to Contractor 1.111der this Contract shall not exceed
$ 77,669.00.
5. County's Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the general Conditions and Special Conditions
(if any) attached hereto, which are incorporated herein by reference.
8. Proiect. This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
Contra Costa County Marina Grant Program, Phase II Implementation
L-I (Page 1 of 2)
r Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
Government Code section 31000
10. Signatures. These signatures attest the.parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By By
Chairman i n e Deputy
CONTRACTOR
..�..�.�s�� Est
Name of business ntity ��� `"" Name of business entity
v�S
By
— V//. . B\1
(Signa ter tvidu, r o icer) 7
1M (Signature of individual or officer)
/"�t 5
�✓ �,Ye� ✓
LAWVV_A ce_ Le.u.vcq 1 `nv�'rro�ct-,
(Print.name and title A, if applicable)
(Print name and title B, if applicable)
Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the
president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations
Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
L-1 (Page 2 of 2)
�i
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of �L�r�IED�r
On Au6ccs-T _2 ' i° 7 before me, ff �t'U lt•'�4; ,
(11k]E) (N(7 ARY)
personally appeared 1V1/,'fi-4_0_L eZ71V�VOk ,C—R7✓�Nee LeWr,�4
SIG\GR(S)
Vpersonally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
vr the same in his/her/their authorized
not�Rrl5�1;�; capacity(ies), and that by 1iis7her/their
*eo signatures(s) on the instrument the person(s),
LqjA6_&_-_&__FFrR'Ar1L "
)CoMm.E'rp"�{ f'!!� or the entity upon behalf' of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
v
NC)T.4RY"S Sl(iNA7'1
OPTIONAL INFORMATION
The information below is not required b�- law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorised document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ fNDIVIDUAI.
❑ CORPORATE OFFICER
OR TYPE Ol'DOCUMEN'
TITI.I'(S)
❑ 14KI'NEJZ(S)
❑ A7"I'ORNF)-iN-I-AC F NUMBER OF PAGE'S
❑ TRUSI-F:E(S)
❑ GUARDIAN/CONSERVATOR --- --- p,A'I'1 01 DOCUMENT'
❑ uri IER:
OTT IFR
d
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S)OR F.NIITY NES) a
OF e
— SIGNER `
0
AI'A 5/99 VALLEY-SIERILA, 800-362-3369
Ccntra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2003
1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws
and regulations with respect to its performance under this Contract, including but not limited to, licensing; employment
and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the
United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractor's regular business records and such
additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor shall retain all documents pertaining to this Contract forlive years from the
date of submission of Contractor's final payment demand or final Cost Report;-for any further period that is required
by law: and until all federal/state audits are complete and exceptions resolved for this contract's funding period.
Upon request,Contractor shall make these records available to authorized representatives of the County,the State of
California, and the United States Government.
b. Access to Books and Records of Contractor,Subcontractor. Pursuant to Section 1861(v)(1)of the Social
Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until.the
expiration of four years after the furnishing of services pursuant to this Contract, make available to the County, the
Secretary of Health and Human Services,orthe Comptroller General,or any of their duly authorized representatives,
this Contract and books,documents.and records of Contractor necessary to certify the nature and extent of all costs
and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of
$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written
request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the
subcontractor shall make available to the Count), the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to
verif}, the nature and extent of all costs and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of records
under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550.Contractor shall include in all documents or
written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers
and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report.
This section shall apply only if the payment limit under this Contract exceeds $5,000.
5. Termination and Cancellation.
a. Written Notice. This Contract maybe terminated by either party,in its sole discretion,upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
L-5 (Page 1 of 6)
Contra.Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
• Revised 2003
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County
may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract,without preiudice to County's rights
to recover damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-
County funding foi•this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein,no other understanding, oral or otherwise,regarding the subject matter of this Contract shall be
deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications-of operating procedures and budgets
required by this Contract,including but not limited to,monitoring.evaluating,auditing,billing,or regulatory changes,may
be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall
be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify
that which is already required hereunder. informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa County Board of'Supervisors or, after Board approval, by its designee, subject to
any required state or federal approval.
b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may
be amended by a written administrative amendment executed by Contractor and the County Administrator (or
desiu-nee), subject to any required state or federal approval, provided that such administrative amendment may not
materially change.the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of
this Contract shall be subject to final written determination by the head of the county department for which this Contract is
made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal
government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws
of the State of California.
L-5 (Page 2 of 6)
Initials: L
Contractor Counly Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
` Revised 2003
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County; State
of California.
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to
assure conformance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or
statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract,or acceptance of the whole or any part of said performance, or payments therefor,
or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the
County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs,successors.assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended
to and shall not be construed to create the relationship between the parties of agent, servant,employee,partnership,joint.
venture or association.
15. Conflicts of Interest. Contractor, its officers,partners,associates,agents,and employees,shall not make;participate
in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental
decision in which they kno\v or have reason to know they have a Financial interest under California Government Code
Sections 57100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees
to comply with all applicable state or federal statutes or regulations respecting confidentiality.including but not limited to,
the identity ofpersons served under this Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or
agency in connection with the administration of or relating to services provided under this Contract will be
confidential, and will not be open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving
services,except as may be required in the administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowing],\ and intentionally disclosing such
information other than as authorized by law may be guilty of a misdemeanor.
L-5 (Page 3 of 6) �
Initials:
Contractor County Dept.
C-)ntra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2003.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to
all qualified persons regardless of age, sex, race, religion, color, national origin. ethnic background,disability,or sexual
orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. Contractor shall defend,indemnify,save.and hold harmless County and its officers and employees
from any and all claims, costs and liability for any damages, sickness, death,or injury to person(s)or property, including
without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected
with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and
except claims or litioation arising through the sole negligence or sole willful misconduct of County or its officers or
employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may
make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any
claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and anv extension or modification thereof,Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned
automobiles,with a minimum combined single limit coverage of$500.000 for all damages, including consequential
damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property,
including the loss ofuse thereof arising from each occurrence. Such insurance shall be endorsed to include County
and its officers and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to County,the state and federal governments, and their officers,
agents,and employees, so that other insurance policies held by them or their sell-insurance prod=ram(s) shall not be
required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the
total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County
with a coPy of the endorsement making the County an additional insured on all general liability, worker's
compensation, and. if applicable. all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its
employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance
evidencing liability and worker's compensation insurance as required herein no later than the effective date of this
Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies)or
amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then
Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change of the above specified coverage.
L-5 (Page 4 of 6)
Initials:
Contractor County Dept.
Centra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services -Long Form)
Revised 2003
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to
County shall be the date of receipt by the head of the county department for which this Contract is made.
21. Primacv of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the
Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that
the services provided by Contractor under this Contract will be purchased by County under a new-;ontract following
expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of
land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such
interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to.the
payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue&`Taxation Code Section 107.6,and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the. intention of either County or Contractor that
such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this
Contract.
25. Copyrii!hts and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement without the express written consent of the County Administrator. 1 f any material is
subject to copyright. County reserves the right to copyright,and Contractor agrees not to copyright, such material. If the
material is copyrighted; County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce, publish,and
use such materials. in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of
Supervisors. In its County 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 well-established and widely accepted scientific basis for
such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity;Contractor shall
not participate or appearin 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 Contractor's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa.County.
L-5 (Page 5 of 6) n
Initials: ^
Contractor County Dept.
• C,)ntra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
` Revised 2003
Notwithstanding the foregoing, Contractor may express its views on products to other contractors; the Board of
Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such
views.'
27. Required Audit. (A) if Contractor is funded by $500.000 or more in federal grant funds in any fiscal year
ending after December 31, 2003 from any source. Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-
133. (B) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December
31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in
any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit
requirements for =
that year, however. Contractor's records must be available for and an audit may be required by,appropriate officials
of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If
any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in
(A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost.
County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the
final payment, from Contractor until Countyreceives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6)
Initials:
Contractor County Dept.
Coi tra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis Contracts - Long and Short Form)
Revised 2002
1. Pavment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions; County will pay Contractor the following fee as full compensation for all services, work,
expenses or costs provided or incurred by Contractor:
[Check one alternative only.]
❑ a. $ monthly, or
❑ b. $ per unit, as defined in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
® d. Other: As defined in the Appendix A.
2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 in
the manner and form prescribed by County. Contractor shall submit said demands for payment no later than
30 days from the end of the month in which the contract services upon which such demand is based were
actually rendered. Upon approval of payment demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment
Amounts) above.
3. Penalty for Late Submission. 1f County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to, and/or complying
with any audit exceptions by appropriate county, state or federal .audit agencies resulting from its
performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of
County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the
extent such are attributable to Contractor's failure to perform properly any of its obligations under this
Contract.
Initials: wC
Contractor County Dept.
Form P-1 (Page 1 of 1)
co.•%.tra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-2 (Purchase of Services - Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL /3b/off
By: By:
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA j
On before me.
insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(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.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation;Partnership,or Individual)
(Civil Code§1189)
L-2 ( Page 1 of 1)
SMALL BUSINESS ENTERPRISE and OUTREACH PROGRAMS
ALL ITEMS$25,000&OVER MUST BE REVIEWED BY ADMINISTRATIVE SERVICES PRIOR TO COMMENCING THE
BOARD ORDER PROCESS. EXEMPT ITEMS DO NOT NEED TO BE SUBMITTED FOR THIS REVIEW.
TO: ACCOUNTING SECTION DATE: 1 2007
FROM: Greg Connaughton
Deputy/Division Head (please print) Deputy/Divisio ead (signat
Dan Jordan 925-3132023 F-E New Renewal ❑ Amendment
Form Prepared By Phone Number
San Francisco Estuary Institute Purchase Order WO 6W 7264 $77,669
Company Name Type of Product WO#/ PO#/ ERR# Dollar Amount
PROGRAM THRESHOLDS
The Small Business Enterprise(SBE) Program applies to; 1)construction contracts of$25,000 or less, 2) purchasing transactions of
$50,000 or less,and 3) professional/personal service contracts of$50,000 or less at the time the contract is awarded. The Outreach
Program applies to construction contracts that are $100,000 and above, professional service contracts that are$2,500 and above, and
purchases that are$10,000 and above.
. CATEGORY(check one): ® Professional Service ❑ Personal Service ❑ Purchase ❑construction
TYPE OF PAYMENT(check one): ® Contract ❑ Purchase Order ❑ Warrant Request ❑ Credit Card
IS THIS REQUEST EXEMPT FROM THE SBE/OUTREACH PROGRAM? •
® YES(please check appropriate box below-you do not have to complete the rest of this form)
❑ NO (please complete the rest of this form)
- --- --CHECK ONE- -- - - -
El Association dues and membership fees ❑ Postage&national courier companies, ie. Federal Express, UPS
❑ Lodging ❑ Registration and conference booths
❑ Public transportation, bridge tolls ❑ Permits, fees&licenses paid to government agencies
❑ Utility installation fees ❑ Pre-employment screening &fitness for duty exams
❑ Legal notices ❑ Purchases or contracts with other public agencies
❑ Contracts between divisions within a department ❑ Contracts between two different department
❑ Clean Water Program-Don Freitas'group only. ® Contracts with private non-profit organizations and agencies
❑ Contracts with consultants who answer"yes"on the ❑ State Route 4 Bypass Authority
questionnaire for determining independent contractor ❑ Publications
payment method ❑ Landfills
• PLEASE CHECK ALL APPLICABLE ITEMS LISTED BELOW •
❑ Small Business Enterprise(SBE): independently owned&operated, not dominant in its field of operation, principal office located
in California, has 100 or less employees, average annual gross receipts of 10 million dollars or less over the previous 3 years, or is a
manufacturer with 100 or less employees. State certified SBEs qualify for participation in the County's SBE Program.
❑ Minority Business Enterprise(MBE): Business entity that is at least 51%owned by one or more minority persons.
❑ Women Business Enterprise(WBE): Business entity that is at least 51%owned by one or more women.
❑ Local Business Enterprise(LBE): Is a business that has its main office or principal place of business within the boundaries of
Contra Costa County.
Disadvantage Business Enterprise(DBE): A small business owned(at least 51%) and controlled by socially and economically
disadvantaged individuals. Used primarily for state or federally funded projects.
❑ Disabled Veteran Business Enterprise(DVBE): is a business entity at least 51%owned by one or more disabled veterans. The
disabled Veteran must be a California resident have a service-connected disability of at least 10%or more and be an honorably
discharged veteran of the U.S. Military, Naval or Air Services. i
❑ Other Business Enterprise(OBE): Is any business which does not qualify as a Minority or Women Business Enterprise
❑ None of the above.
SOLICITATION FORM (for Outreach Prog.) AWARD FORM (for SBE Prog.only) SBE SELF CERTIFICATION FORM
❑ Solicitation form attached ❑ Award form attached (SBE Vendors only) ❑ Self Certification form attached
® Does NOT fall within program guidelines ❑ Form NOT attached, vendor not SBE ❑ Vendor found on County Website
® Does NOT fall within program guidelines
Date Category
:::::..... _ _
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Contra Costa County Number -
Standard Form L-4
Revised 2002
SERVICE.PLAN
(Purchase of Services - Long Form)
San Francisco Estuary Institute
Program Overview
The intention of the Keep the Delta Clean Program —Phase 11 (KDC)to outreach to the
public and to expand environmental services for boaters that reduce potential pollution
including installation of marina-based Oil Recycling Centgrs to collect used oil, oil filters,
marine batteries, and oil absorbents from the boaters and local residents. The KDC will also
install new Oil Absorbent Exchange Centers throughout the Delta to distribute free oil
absorbent bilge pillows and sheets (absorbents)to boaters. Used absorbents can then be
returned to the center for proper handling and recycling. Pet waste stations will also be
installed at marinas and along levees throughout the project area to further reduce potential
sources of pathogens. Fishing line recycling stations, cigarette butt-containers and materials
recycling bins will also be placed at marinas and boating facilities within the project area to
reduce marine debris pollution and wildlife entanglement.
The effectiveness of the load reduction projects will be estimated by updating the Pollution
Prevention forecasting model developed in Phase I of the Keep the Delta Clean Program.
The monitoring task of the project will characterize maximum ambient levels of pollutants
associated with recreational boating activities. During high recreational-use holidays, a suite
of volatile organic compounds and biological pathogens will be analyzed from targeted sites
within with project area.
Contactor will provide services to assist with the follow water quality monitoring and
program assessment components of the program.
Specific tasks in the project that SFEI will be involved in include:
Water Ouality Monitoring
Ambient water quality monitoring will be conducted to help establish baseline conditions
during high recreational use holidays in 2007. A contingent sampling schedule for the
same holidays in 2008 may be implemented if funding is available and the results from
2007 show significant, detectable results and the County approves additional monitoring.
Program Assessmeni
Assessment ofthe program will involve updating the measurement tool (Pollution
Prevention Measurement Model) developed in phase I. The tool provides an estimate of
the effectiveness of the pollution prevention projects in terms of load reduction estimates.
The forecasting model that was developed in 2004 by the KDC-Phase I project will be
reviewed and updated to include recent data from current KDC phase II pollution
prevention efforts from the "Pollution Load Reduction" and the "Outreach and
Education" tasks of this project.
Tasks to be completed by Contractor:
Task 1.0: SFEI Project Management
(Completion Date: 9/1/08)
SFEI will provide the project management, administration, logistics, subcontracting with
analytical laboratories, and coordination with other agencies required to implement water
quality sampling, analysis, data management and reporting and pollution prevention
measurement as set forth in Appendix B, Exhibit A, Section B.3.1, BA.1, and B.4.3 of
Agreement Number 06-175-555-0 between the State Water Resources Control Board
(SWRCB) and Contra Costa County (CC County). Sarah Lowe is the overall project
manager for SFEI.
Contractor Team
The Ambient Monitoring task will be lead by Sarah Lowe who will-coordinate logistics,
sampling, analyses, data management, and reporting. John Oram will assist the KDC
project managers with scientific advice and assistance with updating.the forecasting load
reduction model. Cristina is the SFEI Data Manager. Mike Connor is the Executive
Director and may participate in any of these tasks as needed. Project administration will
be executed by SFEI administrative staff. Lawrence Leung is the contract manager and
billing questions should be directed to both Lawrence and Sarah.
San Francisco Estuary Institute
7770 Pardee Lane,2"d floor
Oakland,CA 94621
Contact E-mail address Phone(510)
Mike Connor mikec@sfei.org 746-7359
Sarah Lowe sarahl@sfei.org 746-7384
John Oram jorarn@sfei.org 746-7366
Lawrence Leung lawrence@sfei.org 746-7356
Cristina Grosso cristina@sfei.org 746-7371
Fax number 746-7300
Task 2.0: Ambient Water Quality Monitoring
(Completion Date: 9/1/08)
A. Logistics and Field Sampling
SFEI will perform the ambient water quality monitoring task required within Appendix B, Exhibit
A, Section B.3.1 of the Agreement No. 06-175-555-0 between the'SWRCB and CC County.
These tasks include: collection of water samples in 2007 and 2008 to evaluate levels of pathogen
and trace organic volatile fuel compounds(BTEX) at up to 7 sites in the Delta(Figure 1 and
Table 1). Grab samples will be taken in the center of the channel,—1 meter below the surface
during peak-use(on a holiday weekend)and low-use days(mid-week days). Three sampling
events are scheduled for 2007&2008. The Program Director has volunteered 1 —2 persons to
assist in each sampling event so staffing for sample collection has been scaled back to account for
this assistance.
Selected parameters will be analyzed including Fecal Coliform, E. coli, and Enterococcus, which
serve as indicators of microbial loading; and volatile compounds associated with gasoline-
powered watercraft including MTBE, benzene, xylene, toluene, and ethyl benzene.
See Figure 1 on new page.
Freeport
�J r
J r.•
t]k Grove
rJ
f
NOW Sampling Stations
1 Bethel Is
2 Lost Isle' r, T
3 Discovery.Ba
NORTH aY ACAAMUCf . Y - .......'
4 Union Point- "
BWI�R s s--5 *Old River Intake
°"O°1N0` °" 1: 6., Middle River
Walnut Grave r� 7 Antioch Marina (Alt:site)
8 ?,Tower(new-2007]
Itb Meta BRAKKUII Is RLICK TRACT
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,g m scT 9WIA
PTHanu dMm ewm w«ocE TRACT
Antloah 2 TRACT _ 'f
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L��NGKE� Oakley 1, 1.RAC � LIPPER
flAcm
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'""` r9AIo
Stockton
LDRIX ARS
PALM 6 TRACT
TRACT
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ROCK SLOUGHTNTAKE BrentwoodPUMP STA
{ 3 6I.W0 LIMA JONCS
f ItJ9fnTS
QIIItD
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CCm
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--- ; OLD RNER 5 4
PUP STATION 1
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1A5 VAQUEROS
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�--� �-�.
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SACNILEN� SAN TVERV' •� PU1PMa PiINT / -•T TTVCT
AND Ybffll�uNC RNET75 �V-�\
DELTA YATaIYAK / 7
SACRAMENTO-SAN JOAQUIN DELTA d
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SCALE IN.4£5
The following tables list the parameters to be sampled, frequency,and station locations.
Table 1 Summary of Monitoring Design
Num. Locations
Reporting Samples per(see Table 3 and Figure
Analyte Name Method Units MDL site 1
Fecal Coliform SM9221 E&SM922]F MPN/100 mL 2 1,2, 3,4, 5,6, and 8
(5tube, 3 dilutions)
E. Coli 11 112 1,2, 31 4, 5,6, and 8
Enterococcus Enterolert(Quantitray) 112 1,2,3,4, 5,6,and 8
Benzene EPA VOC method u L(0.5) 2 1,2,3,4, 5,6,and 8
Ethylbenzene " 2 1,2,3,4, 5,6, and 8.
Toluene " " 2 1,2,3,4, 5,6,and 8
m/p Xylene 2 1,2,3 4,5,6, and 8
o Xylene " 2 1,2,31 4, 5,6,and 8
Xylenes(total) " 2 1,2,3;4, 5,6,and 8
Methyl tertiary butyl ether(MTBE) ug/L(3) 2 1,2,3,4, 5,6,and 8
Table 2 Sampling Event Schedule
Event Holiday Dates
1 Labor Day Weekend 2007 Sunday Sept.2 and Tuesday Sept. 4,2007
(peak,and post peak)
2 Memorial Day Weekend 2008 Sunday May 25th or Monday the 26th and
Wednesday May 28th, 2008(peak,and post
peak)
3 July 4th Holiday 2008 Friday July 4th or Saturday July 5th and
Tuesday July 8th,2008(peak, and postpeak)
Each Event consists of 2 days, 7 sites each(sampled in replicate:total of 28 samples)
Table 3 Station Identification
Location reference Figure 1 Coordinates
Station 1 Bethel Island(Bethel Is) located at the Sugar Barge bar and N 38 01.582; W 121 36.673.
restaurant
Station 2 Lost Isle(Lost Isle),located immediately outside the harbor N 37 19.934; W 121 27.040.
entrance
Discovery Bay(Discovery Bay), located in the entrance channel N 37 54.957; W 121 35.269.
Station 3 Discovery Bay
Station 4 Union Point(Union Point)on the restaurant dock N 37 53.500; W 121 29.305.
Old River Intake(Old River intake)located on log boom N 37 53.259;W 121 34.590.
Station 5 immediately adjacent to the CCWD intake
Middle River ski area(Middle River)located near Middle River N 37 54.915; W 121 30.854.
Station 6 at Woodard Cut
Station 7 Antioch Marina and Beach(alternative site) TBD
Station 8 Little Potato Slough near Tower Park Marina(Tower) TBD
B. Laboratory Analyses
SFEI will sub-contract with analytical labs that will report results directly to SFEI.
Pathogen analyses will be conducted by BioVir Laboratory in Benicia, CA.
BTEX/MTBE chemical analyses will be conducted by Central Contra Costa County
Sanitary District in Antioch, CA.
SFEI will be reimbursed for costs incurred (as approved by Program Director) and
associated with laboratory analysis performed for the KDC program. Expenses must be
in accordance with the Payment Provisions outlined below or if changes are needed, by
written approval by the Contra Costa County Public Works Director or the Public works
Director's designee.
C. Data Management and Reporting
SFEI will prepare a report that will include data collection methodology, collection
locations and frequency, and summarizing the results of laboratory analysis. Analytical
Results will be formatted to be comparable to the State's SWAMP data format standards
and will be provided to the client on a CD in a relational database and as summary Excel
files.
An ambient monitoring study report will be written and provided to the Program Director
for inclusion in the draft & final project report.
Task 3.0: Pollution Prevention Model Update
(Completion Date: 9/1/08)
SFEI will review the 2004 forecasting model and update the model with data from the
Phase 11 project. SFEI staff will meet with the KDC Phase II Program Director to discuss
the 2004 model and possible updates. The Program Director will provide SFEI with
necessary updated parameter input information (in appropriate model update formats) so
that a new forecast of load reductions for the region can be calculated based on Phase 1I
public outreach,infrastructure, and information gathering efforts. SFEI will complete
this task as required by Appendix B, Exhibit A, Sections B.4.1 and B.4.3 of Agreement
No. 06-175-555-0 between the SWRCB and CC County. Program staff will work in
partnership to complete the required summary report and quarterly updates associated
with the Pollution Prevention Model.
APPENDIX B
Standard Contract, Purchase of Services FOIiSTATE USE onr
oDes EGISTRATION NO,
Contra Costa County &
00
San Francisco Estuary Institute
2005- 2006 CONSOLIDATED GRANTS - PROPOSITION 40 NONPOINT SOURCE POLLUTION
CONTROL PROGAM
GRANT AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter called"State"or"State.water Board.
AND
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT, hereinafter called°Grantee^
Sacramento-San Joaquin Delta Watersheds Boating Program, hereinafter called"Project'
AGREEMENT NO.06-175-555-0
State and Grantee hereby agree as follows:
PROVISION(S).The following provision(s)authorize the State Water Board to enter into this type of Grant Agreement:
PRC §§5096.650, 30935(a)(Pr 40 Nonpoint Source Pollution Control)
PURPOSE. State shall provide a grant to and for the benefit of Grantee for the purpose of reducing the cumulative impacts
of nonpoint source (NPS) pollution and improve public access to marina-based. environmental .services and
measure their effectiveness in preventing pollution.
GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $1,650,061.00. Global Positioning .
System(GPS)locations for any monitoring must'be identified for this Project prior to any disbursements.
TERM OF AGREEMENT. The term of the Agreement shall begin on DECEMBER 1, 2006 and continue .through-Project
completion plus twenty three (23) years unless otherwise terminated or amended as provided in the Agreement.
HOWEVER, ALL WORK SHALL BE COMPLETED.BY SEPTEMBER 1, 2008. ABSOLUTELY NO
FUNDS MAYBE REQUESTED AFTER OCTOBER 1, 2008.
PRo.iecr REPRESENTATIVES. The Project Representatives during the term of this Agreement will be:
State Water Board Grantee:.Contra Costa County Public Works
Department
Name: Dan Little, Grant Manager Name: Greg Connau hton, Project Director
Address: . 11020 Sun Center Drive.#200 Address: 255 Glacier Drive
City, Zip: Rancho-Cordova, CA 95670 City,Zip: Martinez, CA 94553 .
Phone: 916 464-4706 Phone: 925 313-2271
Fax: 916 464-4780 Fax: 925 313-2333
e-mail: diliftie@wbterboards.ca.gov e-mail:_ conn w.cccoun .us
Direct all inquiries to:
State Water Board Grantee: Contra Costa County Public Works
Department
Section: Division of Financial Assistance Section:
Attention: Carmen Rios, Program Analyst Name: Dan Jordan, Grant Contact.
Address: 1001 "P'Street, 16th.Floor Address: 255 Glacier Drive
City,Zip: Sacramento, CA 95814 City,Zip: Martinez, CA 94553
Phone: 916 341-5659 Phone: 925 313-2023
Fax: 916 341-5296 Fax: 925 313-2333
e-mail: trios waterboards.ca. ov e-mail: diordQJpw.ccgqqpty.us
Either party may change its Project Representative upon written notice to the other party.
z Contra Costa County Public Works Department ,vim
State Water Board Grant Agreement No. 06-175-555-0
Page 2 of 22
STANDARD PROVISIONS.The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK
Exhibit B INVOICING,BUDGET DETAIL AND REPORTING PROVISIONS
Exhibit C GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit D SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit E TRAVEL AND PER DIEM EXPENSES
GRANTEE REPRESENTATIONS. The Grantee..accepts and agrees.to comply.with all .terms, provisions, conditions, and
commitments of this Agreement, including..all .incorporated documents, and. to fulfill all assurances;. decia.irations,'. .:
representations, and commitments made by the Grantee in its application, accompanying documents, and eommu.nications
fled in support of Its request for grant funding. Grantee shall comply with and require its contractors and subcontractorsto
comply with all applicable laws,policies and.regulations.
IN WITNESS THEREOF,the parties have executed this Agreement on the dates set forth below.
By: BY: -
G nee Signature Estebao Almanza, Deputy.Director
State Water Resources Control Board;
Division of Administrative Services
Grantee Type /Printed Name Date
Itl nd.D-fA Revriewed by-
Office
yOffice of Chief Counsel
Date:
f
Contra Costa County Public Works Department
State Water Board Grant Agreement No.06=175-555-0
c
Page 3 of 22
EXHIBIT A
SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. In order for the State and Regional Water Quality Control Board (Regional Water Board)staff to verify
work was adequately performedor conducted, GPS information for project site and.monitoring locations
must be identified for this Project prior to any disbursements. Submittal requirements for GPS data are
available at http://www.waterboards.ca.gov/fundinglgrantinfo.html.
2. The Grantee shall prepare and implement a Project`Assessment and Evaluation Plan(PAEP)to detail.the
methods of measuring Project benefits and reporting them in accordance with a PAEP. Many projects
include multiple activities that will require measurement of several parameters to evaluate Project
performance. All implementation projects that propose pollution load and/or concentration reductions
must report such reductions annually. Use the 319(h)Non Point Source Pollution Reduction'Project'
Follow=up Survey Form found at htta://www:waterb6ards.ca.gov/fundinq/do6s/grahtihfo/319h. pollution survey.xls
or a similar format to report annual load reductions. Projects protecting, restoring or creating streams,
shorelines,or wetlands, must report an annual accounting of the acres of wetlandsrestored and created;
feet of stream bank and shoreline protected and feet of stream channel stabilized. Grantee shall not
implement monitoring and performance assessment and/or evaluation actions prior to PAEP`approval by
the Grant Manager. Guidance for preparing the PAEP is available at
http://www.waterboards.ca:gov/fundincl/gaep.htmi..
3. If environmental:water quality monitoring(chemical;physical, or biological) is undertaken,the Grantee
shall prepare, maintain, and implement a.Monitoring Plan (MP). The MP shall include, but is not limited
to, a description of the monitoring objectives,types of constituents.to.be monitored,.and the sampling
location frequency/schedule for the monitoring activities. The MP will include the schedule for.submittal .
of monitoring reports. The Grantee shall be prohibited from implementing any sampling or monitoring
activities prior to approval of the MP by the Grant Manager. No monitoring may occur prior to MP
approval. Any changes to the MP must be submitted to the Grant Manager for review and a decision.
regarding approval prior to implementation.
4. If an MP is prepared,the Grantee shall.also prepare, maintain, and implement a Quality.Assurance
Project Plan (QAPP)in accordance with the State WaterBoard's Surface.Water Ambient Monitoring.
Program's(SWAMP)QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ/R5,3/01.
Water quality monitoring data includes physical, chemical, and biological monitoring of anysurface water.
Electronic submittal of data collected in accordance With SWAMP shall be required:..The.QAPP shall be
submitted to the State or Regional Water Board's Quality Assurance(QA)Officer for review and a
decision regarding approval prior to the Grantee implementing any sampling or monitoring activities. No
monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and
not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is
available at http://www.waterboards.ea.gov/swamp/g6pp.htmI.
. . 5. All projects are required to comply with the California Environmental Quality Act(CEQA). Work on,the
Project cannot begin until the State Water Board has reviewed the CEQA documentation submitted by
the Grantee and given environmental clearance. If the work.is conducted on federal land,the Grantee
must also comply with the National Environmental Policy Act:(NEPA):.
6. If landowner agreements are required,signed:copiesmust be submitted to.the Grant Manager before
works begins.
7. If permits are required,the permits must be obtained and signed copies submitted to the Grant Manager
before work begins.
8 State Disclosure Requirements—Include the following disclosure statement in any document,:written
report, or brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in.full:or in part through an agreement with the State Water
Resources Control Board. The contents of this document do not necessarily reflect the views and
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 4 of 22
policies of the State Water Resources Control Board, nor does mention of trade names or commercial .
products constitute endorsement or recommendation for use." (Gov.Code 7550,40 CFR 31;20)
Signage shall be posted in a prominent location at Project site(if applicable)and shall include the.State
Water Board logo(available from the Program Analyst)and the following disclosure statement:
"Funding for this project has been provided in full or in part through:an.agreement with the.State Water
Resources Control Board."
B. WORK TO BE PERFORMED BY GRANTEE
1. Project Team and Technical Advisory Committee
1.1. Establish a Project Team by forming a partnership between the Grantee, San Joaquin
Department of Public Works, Solano County Resources Department, City of Stockton,
Sacramento County Environmental Management Department,and Yolo County Planning,.
Resources,and Public Works.Department to form'a Sacramento=San Joaquin Delta Watersheds
Boating Program(DBP).
1.2 Enter into a Formal Agreement between the DBP Partner agencies (Joint Exercise of Powers
Agreement[JPA]). The draft JPA shall be.due.to the Grant Manager sixty(60)days prior to.the
scheduled adoption date of April 20,2007;for review and comments. The draft shall include a .
schedule for completion and.adoption of the JPA by the.DBP Partner agencies.
1.3. Establish a Technical Advisory Committee(TAC)comprised of cooperating entities including
municipal water agencies,marina-industry representatives,local marina operators, State
agencies, and non-profit groups. The TAC will assist.with the design,.implementation and on-.
going adaptive management strategies.
1.4 Invite selected groups/agencies to designate.a representative for the TAC by'drafting and
sending an invitation letter.
1.5 Hold quarterly TAC meetings or as needed to review technical products.and Project progress.
2. Pollutant Load Reduction
2.1 Reduce the discharge of pollutants to the Delta from the cumulative impacts of NPS pollution that
may be associated with recreational boating, body-contact recreation and marina operations by,
improving public access to free environmental services.at Delta marinas to prevent pollution and
increase proper disposal of hazardous wastes by boaters, marina visitors and local residents.
DBP Partners will sustain these services for the next twenty(20)years,or for the life of the
equipment. The following work shall be conducted in the Project area(San Joaquin, Sacramento, .
Solano,and/or Yolo Counties):
a. Install a minimum of three(3)new, marina=based Oil Recycling Centers to collect used oil,-oil
filters,marine batteries,.oil absorbents andempty oil bottles.from the.boaters and local
residents.
b. Install a minimum often(10)new oil absorbent exchange centers throughout the Delta to
distribute free oil absorbent bilge pillows and sheets to boaters. Used absorbents can then
be returned to the center for recycling.
c. Install a minimum of fifty(50)pet waste stations along levees and throughout`the Delta j
region.
d. Install a minimum of thirteen (13)fishing line recycling centers throughout the Delta region to
reduce marine debris pollution and wildlife entanglement.
Contra Costa County Public Works Department �!M
State Water Board Grant Agreement No. 06-175=555-0
Page 5 of 22
e. Install a minimum of fifty(50)recycling bins at marina launch ramps and docks to reduce
marine debris.
f. Submit description and photo documentationfor items 2.1 (a)through (e)to the Grant
Manager.
g. Establish service contracts for the collection and recycling of used oil,oil filters, marine
batteries,oil absorbents and empty oil bottles.
h. Create pollution prevention tracking forms to monitor and record pollution prevention
attributed to collection of used oil,oil filters, marine batteries, oil absorbents,empty oil bottles
and marine debris (fishing line recycling).
L Provide hazardous materials and spill response training for marina staff that are responsible
for maintaining the newly installed'Oi(Recycling and Oil Absorbent'Exchange.Centers.
2.2 Create a comprehensive Regional Pollution Prevention Campaign that.will unify existing efforts,
promote newly installed environmental services and improve clean boating.practices.throughout
the Delta Counties(Contra Costa,Sacramento,San Joaquin, Solano and Yolo).
a. Develop a comprehensive Promotional Strategy that will carefully delegate responsibilities
among the DBP Partners,identify critical task and subtasks,formulate contingency plans,
and incorporate timelines to maximize efficiency and exposure for environmental services
and dean boating.practices in the Delta Region. .
b. Create a Press Kit that.will be distributed to mixed media (boating publication ads,websites,
and newspapers)to promote and advertise environmental services.
c. Design, distribute and post signage at marinas to promote environmentalservice usage(i.e.
sewage pump-out stations,oil,filter, used oil bottle and oil absorbents recycling; marine
battery recycling;fishing line recycling;.pet waste station usage; recycling participation)and
clean boating practices.
d. Install a minimum of ten (10)Informational Kiosks at marina launch ramps to strategically
target transient boaters(the majority of boaters who visit the.Delta on peak-use days) in order ,
to promote environmental.services and clean boating.practices. Submit description and
photo documentation to the Grant Manager.
e. Compile and distribute a minimum of twenty thousand(20,000)Recreational Boater Kits
throughout the Delta.(oil absorbent pillow, Recreational.Boater Map,safe and clean boating.
information, useful promotional items with boating campaign message,fish consumption
recommendations,and information about prevention of invasive species spread).
f. Conduct a Marina Operator Survey to update the Delta Map.and to identify if a Marina
Recognition Program would be well received by Delta marina operators. Data from this
survey will also be used to develop the Pollution Prevention Measurement Model.
g. Update and reprint a minimum of twenty five thousand(25,000).maps titled"Sacramento-San
Joaquin Delta Map for Recreational Boating. Twenty thousand(20,000 maps)will be placed
in boater kits. The remaining five thousand (5,000)will be distributed individually. The
updated.version will include more Delta marinas, new environmental services, oil recycling
i centers,certified used.oil collection.centers, important marina characteristics;mobile.boat-to-
boat services and handicap accessibility.
h. Create an extensive website that will feature all aspects of the DBP including program
information and goals,clean boating.and marina operation links.(providing pollution
prevention.strategies),downloadable versions of all outreach materials, and electronic
version of the Sacramento-San Joaquin Delta Map.for Recreational Boaters, spill response .
information, contacts for the Project Team,and frequently asked questions.
• Contra Costa County Public Works Department �v
State Water Board Grant Agreement No. 06=175-555=0
Page 6 of 22
L Expand and update Marina and Certified Used Oil Collection Center databases,Earth
911.org and 1=800-CLEANUP systems.
j. Conduct a minimum of six(6)trainings to recruit volunteer Dockwalkers(minimum of fifty[50]
new)who will promote environmental services, invasive species prevention/reduction, and
the importance of the Delta's many beneficial uses. Dockwalkers will distribute boater kits in.
the Delta Counties and administer the Recreational Boater Survey.
k. Set up a two(2)year schedule for Program Coordinators and Dockwalkers to attend a
minimum often(10)local events(i.e.,:boat shows,..skilwakeboard competitions,fishing
toumaments, safe.boating clinics, and local community festivals)to administer the
Recreational Boater Survey; distribute Boater Kits,promote newly installed environmental .
services,and encourage adoption of clean boating practices.
I. Design and print clean boating theme posters to distribute to Project area marinas, boat
yards, marine supply stores, and to be posted..in Informational Kiosks to promote .
environmental services and clean boating practices. There will be six(6)different theme
posters that will-be strategically distributed according to the information that.is appropriate for
boating seasonality.(i.e.,Winter: responsible fishing practices; Spring: Dockwalker Volunteer.
recruiting,clean boat maintenance;Summer:safe fueling practices,sewage pump out usage
Fall: prevent marine debris)..
2.3 Provide technical assistance to marinas in acquiring resources and information needed to install
effective environmental services and adoption of clean marina.policies based onlessons learned
at the Contra Costa.County's"Keep the Delta Clean"Program's marina demonstration sites. .
a. Conduct a Marina Operator Workshop Series'(hold a.minimum of three[3]workshops per.
year)to encourage installation of environmental services,deliver trends in clean operation;
provide information on funding opportunities, and ensure compliance with water regulations.
b. Provide administrative grant writing support to assist with local agency capacitybuilding and .
to acquire needed funding for local agencies,marine law enforcement and cooperating
entities to assist with the acquisition of grant funds.(such as the Abandoned Vessel Grant
funding provided by.the Department of Boating and.Waterways),to facilitate the.removal.of
abandoned and sinking vessels that contain hazardous materials(motorfluids;.fuel,PCBs,
pathogens, etc.).
c. Maintain existing Delta Oil Recycling.Centers and Oil Absorbent Exchange Centers.
3. Water Quality Monitoring
3.1 Collect baseline water quality data,in accordance with the MP and the QAPP. New data will
compliment data already collected by the Contra Costa County."Keep the Delta Clean"Program:
The Program's goal is to understand the persistence of potential.pollution sources such as
pathogens,hydrocarbons,and.marine debris resulting from recreational boating. If applicable,
the data collected will be provided to the appropriate agencies for integration into statewide
monitoring efforts.
4. Pollution Prevention Measurement
4.1 Finalize the development of,and test a measurement tool(Pollution Prevention Measurement
Model),that will track pollution prevention attributed to the new environmental services.and
boater outreach. This work began under:the Phase One"Keep.the Delta Clean"program'funded
by a Proposition 13 grant. The working Pollution Prevention Measurement Model shall be
submitted with the Draft and Final Project Reports.
4.2 Develop and administer a Delta Recreational Boater Survey consistent with the surveys .
developed under the Phase One Proposition 13 grant program to continue to understand boater
behavior, effectiveness of pollution prevention efforts, usage of newly installed environmental .:
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 7 of 22
services, and to identify gaps in other emerging Delta issues. This survey will be designed to
target boaters more extensively in.the regions of the Delta where new environmental services will
be installed by expanding into San Joaquin, Sacramento;Solano,and Yolo Counties.
.4.3 Create a Summary Report that will include the strategies and outcomes to the program's pollution
prevention measurement efforts.
5. Local Capacity Building&Networking
5.1 Facilitate networking among diverse stakeholders to exchange information,.collaborate on
regional programs, improve pollution.prevention efforts and ensure sustained.DBP success.
5.2 Partner with.the Department of Boating and Waterways and the California Coastal.Commission's
Boating Clean and Green Campaign to facilitate quarterly meetings of the California Clean
Boating Network's(CCBN)Delta Chapter and distribute the.group's publication called the.
"Changing Tides"(marinas,yacht clubs,marine supply stores, bait shops, CCBN members).
Contra Costa County Public Works Department
State Water.Board Grant Agreement No.06-175-555-0
Page 8 of-22. .
TABLE OF ITEMS FOR REVIEW
Item. DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE ...
EXHIBIT A!—SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. GPS information for Project site and monitoring locations Day 90
2. Project Assessment Evaluation Plan (PAEP) Day 30.
2. Non Point Source Pollution Reduction.Project Follow-up Annually
Survey Form
3. . Monitoring Plan (MP) Day 90
3. Monitoring Reports �Q6arterly .
4. Quality Assurance Project Plan (QAPP) .Day 90
5. Copy of final CEQAlNEPA Documentation March 2007 .
6.. Land Owner Agreement(s) Quarterly as needed
7. Applicable Permits . Quarterly as needed
B. WORK TO BE PERFORMED BY GRANTEE
1: Project Team(PA)and Technical Advisory Committee(TAC) .
1..1:. List of PA members January2007.
1.2 Draft JPA February 2007..
1.2 .Copy of fully executed.formal agreement . April 2007
1.3 List of TAC members January 2007.
1.5 Copy of agendas,attendees,.handout materials, and minutes Quarterly
2. Pollutant Load Reduction
2.1 (f) Description and.photo documentation Quarterly
2.1 (g) Copy of service contract Quarterly
2.1 (h) Copy of tracking sheet Quarterly
2.1.(i) . Copy of training materials Quarterly
2.2(a) Copy of promotional strategy Quarterly
2.2(b) Press kit 'Quarterly
2.2(c) Post signage language Quarterly
2.2.(d) Informational Kiosks description and photo documentation Quarterly
2.2(e) Recreational Boater Kit. Quarterly
2.2(f). Copy of Marina Operator Survey Quarterly
2.2.(g) Delta map Quarterly
2.2(h) Progress reporting on website and final product Quarterly .
2.20) . Copy of Dockwalker training materials Quarterly
2.2(k) Copy of schedule for Program Coordinators and Quarterly
Dockwalkers
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 9 of 22
Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A—SCOPE OF WORK
2.2(l) Copy of theme posters Quarterly.. .
2.3(a) Copy of agenda, attendees, handout materials,and minutes Quarterly
3. . Water Quality Monitoring
3.1 WQM data and results January 2008
4. Pollution Prevention Measurement
4.1 Pollution Prevention Measurement Model January2008
4.2 Copy of Delta Recreational Boater Survey Quarterly
4.3 Summary report January 2008 . .
5.:- Local Capacity Building and Networking.
5.1 Notices and list of attendees, material,and minutes Quarterly
5.2 . Copy of`Changing Tides"publications Quarterly
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS.
A. INVOICING. Quarterly
E. REPORTS
1. Grant Summary Form Day 90.
2. Progress Reports by the twentieth (20u)of the.month Quarterly
following the end of-the calendar quarter(March,June,
September, and December)
3. Natural Resource Projects Inventory(NRPI) Project Survey. Before final
Form invoice
4. Draft Project Report July 1, 2008
5. Final Project Report August 1, 2008.
z. . Contra Costa County Public Works Department.
State Water Board Grant Agreement No. 06-175-555-0
Page 10 of 22
EXHIBIT.B .
INVOICING, BUDGET DETAIL AND.REPORTING PROVISIONS
A. INVOICING
1. Invoices shall be submitted using the invoice template provided by the State Water.Board.The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in
Section E.2 of this exhibit. The address for submittal is:.
Dan Little, Grant Manager
Regional Water Quality Control Board
11020 Sun Center Drive,#200
Rancho Cordova,CA 95670
2. Invoices submitted in any other format than the one provided by the State Water Board.will cause an.
invoice to be disputed. In the event of an invoice dispute,the.State Water Board's Grant Manager will
notify the Grantee by initiating an"Invoice Dispute Notification"form. Payment will not be.made until'the..
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon
deposit of the payment, properly addressed, postage prepaid; in the United States mail. The State Water.
Board Grant Manager has the responsibility.for approving invoices.
3. Supporting documentation (e.g., receipts)must be submitted with each invoice to request reimbursement
for grant funds as well as to support matching funds invoiced. The amount claimed for the Personnel
Services line item and Professional and Consultant Services line item must include a calculation formula
(i.e. hours or days worked times the hourly or daily rate=total amount claimed). Invoice payment shall
be made only after receipt of a complete,adequately supported,properly documented and.accurately
addressed invoice.
4. The Grantee shall not request.disbursement for any cost until such cost has been incurred and,has been
paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by
the Grantee shall be paid to contractors and vendors within thirty(30)days from receipt of the funds. In
the event that the Grantee fails to disburse grant funds to contractors or vendors within.thirty (30)days
from receipt of the funds,the Grantee shall immediately return such funds to the State Water Board.
Interest shall accrue on such funds from the date of disbursement through the.date of mailing of funds to`
the State Water Board. If the Grantee held such funds in interest-bearing accounts,any interest earned,
on the funds shall also be due to the State Water Board.
5: Notwithstanding any other provision of this Agreement,.no disbursement shall be required at any time or
in any manner which is in violation of, or in conflict with;federal or state laws, rules;or regulations, or
which may require any rebates to.the Federal Government, or any loss of tax-free status on state bonds,
pursuant to any Federal statute or regulation.
6. Notwithstanding any other provision of this Agreement,the Grantee agrees that the State Water Board
may retain an amount equal to ten percent(10%)of the grant amount specified.in this Agreement until
completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts
due to the.Grantee will be promptly disbursed to the Grantee,without interest, upon completion of the
Project.
j
7. The invoice shall contain the following information:
a. The date of the invoice;
b. The time period covered by:the invoice, i.e.,the.term "from and"to";
c. The total amount due;and
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State Water Board Grant Agreement No.06-175-555-0..
Page 11 of 22
d. Original signature and date(in ink)of Grantee or its authorized representative. .
e. Final invoice shall be clearly marked'FINAL INVOICE"and submitted NO LATER THAN
October 1,2008.
B. BUDGET CONTINGENCY CLAUSE
The maximum amount to be encumbered under this Agreement for the 2006-07 fiscal year ending .
June 30,2007 shall not exceed one.million six hundred fifty thousand sixty one dollars and no cents.
.($1,650,061.00).
If the Budget Act of the current year and/or any subsequent years covered under this Agreement:does not
appropriate sufficient funds for the program,this Agreement shall be of no force and effect. This provision
shall be construed as a condition precedent to the obligation of the State Water Board to make any payments
under this Agreement.. In this event,the State shall.have no liability to pay any funds whatsoever to Grantee,
or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any:
provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a .
right of priority for payment over any other Grantee.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program..the State
shall have the option to either cancel this Agreement with no liability occurring to the State; or offer.an.
Agreement amendment to Grantee to reflect the reduced amount.
C. .LINE ITEM BUDGET
PROP 40 MATCH TOTAL.
Personnel Services $76,500 $18,500. .$95,000.
Classification Hours Wage/Hour
Administration/Accounting 1000 $90
Environmental Service Specialist 100 $30.
Hazardous.Materials Specialist 25 .$80
Operating Expenses(Prorated for Project) $
Includes: (less than$5,000 per item):
Office supplies, postage, telephones;printing, paper,. $406,761 $45,515 $452,276
promotional and public outreach supplies, dockwalker .
supplies,oil recycling and oil absorbent center supplies.
Boater.Kit supplies(20,000), Dockwalker Event(including
5,000.maps), Fishing Line Recycling Centers (13),
Informational Kiosks (10), and Pet Waste Stations(50)
Equipment($5,000 or more per item). $271000 $-0- $27,000
Oil recycling Center Sheds (3 @$9,000)
Professional and Consultant Services $1,127,800 $493,207 $1,621,007
Program Administration Manager; Program Implementation
Manager;Program Outreach&Marketing Manager; San
Joaquin County Staff; Contra Costa Water District
Environmental Scientist&Chemist for Monitoring Plan,
OAPP,and PREP;Statistician; Graphic Designer;Web
Designer;Certified Boat Captain&Operator;Commercial
Support Services;.Moving Service Provider; Storage Facility
Rental; Hazardous Materials Collection Services; Hazardous
Materials Technical Assistance
Construction (Contracted Services) $12,000 $-0- : $12000
Contractor for Concrete Foundations and Fork Lift Rental.
and Operator
83
TOTAL $1,650,061 $557,222 $2,207;2
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State Water Board Grant Agreement No.06-175-555-0
Page 12 of 22
D. BUDGET LINE ITEM FLEXIBILITY
1. Line Item Adjustment(s). Subject to the prior review and approval of the State Water.Board's Grant
Manager,adjustments between existing line item(s)may be used to defray allowable direct costs up to. .
fifteen percent(15%)of the total grant amount includingany:amendment(s)thereto. Line item
adjustments in excess of fifteen percent(15%)shall require.a formal Agreement amendment..
2. Procedure to Request an Adjustment. Grantee may submit a.request for an adjustment in writing..to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per.
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s)followed with revised
change(s)in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment.and are not permissible under this provision. The State
Water Board may also propose'adjustments to the budget. .
3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement,any remaining funds revert to the.State.The Stat .Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the project file:is closed,.the final
invoice is being processed for payment,and any remaining balance will be disencumbered and
unavailable for further use under the Grant Agreement.
E. REPORTS
1. GRANT SUMMARY FORM. Grantee.shall complete a one(1)page Grant Summary Form .. . .
http://www.waterboards.ca.gov/fundin /q docs/grantinfo/grantsum.doc within three.(3)months.of the
Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the
Program Analyst for State Water Board website posting.
2. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant
Manager by the twentieth (20th)of the monthfollowing the end of the calendar quarter( March,June,
September, and December).
a.. The progress reports shall provide a brief description of the.work performed,accomplishments during
the quarter, milestones achieved, monitoring results (if applicable),and any problems encountered in
the performance of the work under this Agreement. Grantee shall document all contractor activities
and expenditures in progress reports. •.
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
3. NRPI SURVEY FORM. At the completion of this Project,.the Grantee shall complete and submit
electronically a Natural Resource Project Inventory(NRPI)Project Survey Form found at
http://www.ice.ucdavis.edu/nrpi. A hard copy.shall be submitted to the Program Analyst prior to final,
payment.
A. DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager a.draft Project Report for review
and comment that includes and addresses the following narrative sections and items.Additional
requirements are listed in Exhibit D.
a. A summary of the Project,describing Project purpose,scope and goals, activities completed,
techniques used and partners involved..
b. A report of all monitoring and management practices or management measures implemented,
together with their corresponding locations. The report shall.be in a.format that enables the Grant
Manager to find the physical location of each implemented practice.or measure and/or monitoring
event in a quick and efficient manner. Acceptable formats include, but are not limited to:.
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State Water Board Grant Agreement No. 06-175-555-0
Page 13 of 22
• Map of locations—The map of practices or measures implemented shall consist of dots
placed on a USGS 7.5-minute quadrangle map at the implementation location. Lead lines
shall be connected to a text box description of the practice or measure. The dots shall have
a small enough diameter to enable the Grant Manager to locate the measure or..practice .
within a 50-foot radius.
• Project coding system—The project coding system shall explain the coding used to describe
each implementedpractice or measure and include.a reference to the corresponding GPS
location(s).
c. Describe Project performance,including benefits, successes and shortcomings,consistent with the
PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As
appropriate, include 1)behavioral results such as the amount of management:practices or measures
implemented,2)estimates or measurements of the amount of pollutants prevented from reaching
surface or ground water,3)documented changes in water quality based on monitoring, and 4)
improved or protected beneficial uses.
d. Identify lessons learned in carrying out the Project.:.Describe what worked and what did hot work,.
and how similar efforts could be utilized within the Project area,as well as in other watersheds.
e. Describe the extent of outreach that has been conducted and if there are plans to further promote the
results of the Project to achieve additional implementation:
f. Describe the Project's funding. Include the projected cost and actual cost of.the Project, how much of.
the grant funds were spent, and how much funding.was.put into the Project from other sources.
Identify funding sources that have been"leveraged"by the Project and plans for funding future
activities.
g. Identify planned or potential follow-up activities,such.as.any additional steps necessary to achieve.' .
the water quality objectives, Total Maximum Daily.Loads(TMDL)or local watershed plans.
h. Include appropriate photos and graphics.
i. A list of items submitted as outlined in the Table of Items for Review.
j. Any additional information that is deemed appropriate by the Project Director or Grant Manager.
5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses,to the extent feasible,
comments made by the Grant Manager on the draft final Project Report. Submit one(1)reproducible
master, two(2)copies, and an electronic copy of the final.
6. The Grantee agrees to expeditiously provide, during work:on the Project and.throughout the ter.m.of this
Agreement, such reports,data, information,and certifications that may be reasonably required by the State
Water.Board.
F. PAYMENT OF.PROJECT COSTS
The Grantee agrees that it will provide for payment of its full share of.P.roject costs and that all costs
connected with the Project will be paid by the Grantee on a timely basis.
G. AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
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State Water Board Grant Agreement No.06-175-555-0
Page.14 of.22
EXHIBIT C .
GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
1: AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless: made in
writing,signed by the parties and approved as required. No oral_understanding.or agreement not incorporated
in the Agreement is binding on any of the parties:
2.. APPROVAL:The Grantee Will not proceed with any work on the.Project until authorized in.writing by the State
Water Board.
. 3. ASSIGNMENT: This grant is not assignable by the Grantee; either in whole or in part, without the consent of
the State Water Board.
4. AUDIT: Grantee agrees that the awarding'department, the. Bureau of. State Audits,.or their :designated,
representative shall have the right to review and .to copy any records and supporting. documentation
pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible
audit for a minimum of twenty-three(23)years after,final payment, unless a longer period of reoords retention
is stipulated. Grantee agrees to allow the auditor(s) access to such records during:normal business hours
and to allow interviews of any employees who might reasonably have information related'to such records.
Further, Grantee agrees to include a similar.right.of.the State to audit records and .interview staff in any
contract related to performance of this Agreement.
5. BONDING: Where contractors are used, Grantee shallnot authorize construction to begin until each.such
contractor has furnished a performance bond in favor of.the Grantee :in the following.amounts: faithful
performance (100%)of contract value; labor and.materials (100%).of contract value. This requirement shall .
not apply to any contract for less than$20,000.00.
6. CALFED PROGRAM CONSISTENCY. If this Project assists in meeting any of the CALFED Bay-Delta,
Program Goals,this Project shall be consistent with the CALFED Programmatic Record of Decision and must
be implemented,to.the maximum extent possible;through local and regional programs.
7. CEQAlNEPA:
a:. No work that is subject to.the California.Environmental Quality Act (CEQA) or National Environmental.
Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQAINEPA
process are received by the Grant Manager and the State-Water Board has given environmental.
clearance. No work that is subject to an Environmental Impact Report or a .Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the.State Water Board's
Division of Financial Assistance (Division). Such approval ,is fully discretionary and shall constitute a
condition precedent to any work for which it required.
b. If.this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all. of.the impacts of the
modification and any mitigation, environmental enhancement, :and environmental'benefit resulting from
the Project, and whether, on balance,any environmental enhancement or benefit equals or exceeds any
negative environmental impacts of the Project.
8. COMPLIANCE WITH LAW, REGULATIONS,ETC.: The Grantee agrees that it will, at-all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and:state laws, rules,
guidelines, regulations, and requirements.. Without limitation of the foregoing, the Grantee agrees that, to.the
extent applicable,the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement;or the useful life of the Project,'whichever is longer..
9. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds willnot be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws. .
"o. Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555=0 1
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10. CONFLICT OF .INTEREST. .Grantee certifies that it is in compliance with applicable.state and/or federal
conflict of interest laws.
11. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee.agrees that,..except
as:provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the '
Project or any significant part or portion thereof during,the useful life of the Project.without.prior written
approval of the Division. Such approval may.be:conditioned as determined to be appropriate by the.Division,
including a condition requiring repayment of.all.or any portion of all.remaining grant Project funds covered by
this Agreement together with accrued interest and any penalty assessments which maybe due.
12. DAMAGES FOR BREACH AFFECTING TAX.EXEMPT STATUS: In the event that any breach of any of the
-provisions of this Agreement by the Grantee shall result in the.loss of tax exempt status for any state bonds,
or if such breach shall result in an obligation.on the part of the State to reimburse-the federal government by
reason of any arbitrage profits, the Grantee shall immediately reimburse the state in.an amount equal-to any
damages paid by or loss incurred by the state due to such breach..
13. DATA MANAGEMENT. This Project includes appropriate data management activities so-that: Project data
can be incorporated into appropriate statewide data systems.
1.4. DISPUTES: Grantee shall.continue with the responsibilities under this Agreement during any dispute. Any.
dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by. .
the Deputy Director of the Division, or his or her authorized representative. The decision:shall be reduced to.:
writing and a copy thereof furnished to the Grantee and to the'State Water Board's Executive Director. The'.
decision of the Division shall be final and conclusive unless, within thirty.(30) calendar days after mailing of..
the Division decision to the Grantee,the Grantee mails or otherwise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State-Water Board's Executive Director
shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an .
opportunity tobe heard and to offer evidence in support of its appeal. Pending final decision of a dispute:
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments,'and
requirements of this Agreement. This clause does not preclude consideration of legal questions,.provided .
that nothing herein shall be construed to make final the decision of the State Water Board, or any official or
representative thereof,on any question of law.
15. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee.agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of.grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that.it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
. 16. GOVERNING.LAW: This grant is governed by and shall be interpreted in.accordance with-the laws of the,
State of California.
17. GRANT.MODIFICATIONS:.The State Water Board may, at any time,without notice to any sureties, by written
order designated or indicated to be a "grant modification", make any change in Exhibit.A, for the work to be
performed under this Agreement so long as the modified work is within the general scope of work called for by
this Agreement, including but not limited to changes in the specifications or in the method,.manner, or.time of .
performance of work. If the Grantee intends to dispute the. change, the Grantee must, within ten (10) days
after receipt of a written "grant modification", submit to the State Water Board a written statement setting forth
the disagreement with the change.
18. INCOME RESTRICTIONS: The`'Grantee agrees. that any refunds; rebates, credits, or other amounts
(including any.interest thereon)accruing.to or received by the Grantee under.this Agreement shall.be paid.by
the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has
been reimbursed.by the State under this Agreement.
Contra Costa County Public Works Department JA
State Water Board Grant Agreement No.06-175=555-0
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19. INDEPENDENT ACTOR: The Grantee, and its agents and employees,:.if any, in the.performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
Board.
20.:INSPECTION: Throughout the life of the Project, the State Water Board shall have the.right to:inspect the
Project area to ascertain compliance with this Agreement. Grantee acknowledges that the Project records
and location are public records.
.21. INSURANCE: Throughout the life.of the Project the Grantee shall provide and maintain, insurance against .
fire, vandalism and other loss, damage, or destruction of the facilities or.structures constricted pursuant to
this Agreement, if any. This insurance shall.be issued by a company.or companies admitted to transact
business in the State of California. The insurance policy shall:contain an endorsement specifying:that the
policy Will not be cancelled or reduced in coverage without thirty days'prior written notice to the State Water
Board: In the event of any damage to or destruction of the Projector any larger system'of which it a•part,:
the.net proceeds of insurance shall be applied to.the reconstruction, repair or replacement of the damaged.'or
destroyed parts of the Project or its.larger system. The.Grantee shall begin such reconstruction, repair, or.
replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in
connection with such reconstruction,,repair or replacement so.that the same shall be completed and the
larger system shall be free of all claims and liens.
22. NONDISCRIMINATION: During the performance of this.Agreement;'the Grantee and its contractors shall not.
unlawfully. discriminate against, harass; orallow harassment against .any employee or applicant for
employment because of sex, race,.religion, color; national origin,. ancestry; disability; sexual orientation,
medical .condition, marital status,. age (over 40) or denial of family-care leave, medical-care IeaJe, or
pregnancy.disability leave. The Grantee and its.contractors shall ensure that.the evaluation and treatment.of:
.their employees and applicants for employment are free of such.discrimination.and harassment.
23. NO THIRD PARTY RIGHTS:.The parties to this grant Agreement do not create rights in, or grant remedies
to,any third party as a beneficiary of this grant Agreement,or of any duty,covenant, obligation oe undertaking
established herein..
24. NOTICE:
a. The Grantee shall notify the State Water..Board prior to. conducting construction, monitoring, .
demonstration, or other .implementation activities.such that State Water Board and/or Regional Water
Board staff may observe and document such activities.
b. .The Grantee shall promptly notify the State Water Board of events or proposed:changes•that could affect
the scope, budget,.or work performed under this Agreement. The.Grantee agrees that no substantial
change in the scope of the Project will be undertaken until written notice of the proposed change has
been.provided to the State Water Board, and the.State Water Board has given written approval for such
change.
c. The.Grantee shall notify the State Water Board at least ten (10).working days prior to any public or media
event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for
attendance and participation by State Water Board's representatives.
d. The Grantee shall promptly notify the State Water Board in writing of•completion of work on the Project.
e. The Grantee shall promptly notify the. State Water Board in writing of any cessation of all: major
construction wont on the Project where such cessation of work is expected to or does extend for a period.
of thirty(30)days or more and of any circumstance, combination of circumstances, or condition,which is.
expected to or does delay completion of construction'for a period of ninety(90) days or more beyond the
estimated date of completion of construction previously provided.
25. OPERATIONS & MAINTENANCE: The Grantee shall maintain and .operate thes facility and structures
constructed or improved as.part of the Project throughout the life of the Project; consistent with the purposes
for which this Grant was made. The Grantee assumes all operations and maintenance costs of.the,facilities .
and structures; the State Water Board shall not be liable for any cost of such maintenance, management or
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State Water Board Grant Agreement No..06-175-555=0
Page 1.7.of 22
operation. The Grantee may be excused from operations and maintenance only upon the written approval.of
the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs for
material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong.the.life of capital assets
and basic structures, and.the expenditure of.funds necessary to replace or'reconstruct capital assets or basic.
structures.
26.. PERMITS,CONTRACTING,WAIVER,REMEDIES AND DEBARMENT:.The Grantee shall procure all permits
and.licenses necessary to accomplish the works contemplated in this.Agreement, pay all charges and fees,
and give all notices necessary and incidental to thedue and lawful prosecution of the.work. Any contractors;
outside associates, or consultants required by the Grantee.in connection wift the.services covered by this
Agreement shall be limited to such individuals or finis as were.specifically identified and agreed to during
negotiations for this Agreement, or as are specifically authorized by the State Water Board's Grant:Manager
during the performance of this Agreement. Any substitutions 0, or additions to, such contractors, associates,
or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. Any
waiver of rights with respect to a default or other matter arising under the Agreement at any time-by either
party shall not be considered a waiver of rights with respect to any other default or matter., Any rights and
remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided.
by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded
from or ineligible for participation in federal assistance programs.under Executive Order 12549,."Debarment.
and Suspension". The Grantee shall not contract with any individual or organization. on USEPA's List:of
Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477)www.epls.gov.. The Grantee certifies to the best of
its knowledge and belief,that it.and its principals:
a. Are .not presently debarred, .suspended, proposed for debarment, declared ineligible, orvoluntarily
excluded by any federal department or Grantee;
b. Have not within a three-year period preceding this Agreement been convicted of or hada civil judgment
rendered against them for commission of fraud or a criminaloffense in connection with obtaining;
attempting to obtain, or performing a public(federal, state or local) transaction.or contract under a public
transaction; violation of federal or state antitrust statutes:or commission of embezzlement, theft,-forgery;
bribery,falsification or destruction of records, making false statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental.entity.(federal, .
state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;
and
d. Have not within a three (3)-year period preceding this application/proposal had one or more public
transactions(federal;state or local)terminated for cause or default.
27..PREVAILING WAGES AND LABOR COMPLIANCE:. If applicable, the Grantee agrees to.be bound.by all the
provisions of State Labor Code regarding .prevailing wages. If applicable; the Grantee shall monitor:all
agreements subject to reimbursement from this Agreement to assure that the.prevailing wage provisions.of.
..State Labor Code are being meta The Grantee certifies that it has a labor.compliance.program in place
pursuant to section 1771.8 of the Labor Code,where applicable.
. 28. PROFESSIONALS: The Grantee agrees that.only licensed professionals will be used to perform services.
under this Agreement where such services are called for.
29. RECORDS: Without limitation of the requirement to maintain Project accounts.in accordance with generally
accepted accounting principles, the Grantee agrees to:
a. Establish an official file for the Project which.shall adequately document all significant actions relative to
the Project;
b.' Establish separate accounts which will adequately.and accurately depict all amounts received and
expended.on this Project, including all grant funds received under this Agreement,
ment
Contra Costa County Public Works Depart
State Water Board Grant Agreement No.06-175-555-0 .
Page:18 of 22 .
c. Establish separate accounts which will adequately depict all income received which.is attributable to the
Project, especially including any income attributable to grant funds disbursed under this Agreement;
d. Establish an accounting system which will adequately depict final total costs of the Project; including.both
direct and indirect costs;
..e. .Establish such accounts and.maintain such records:as may be necessary for the state to.fulfill federal
reporting requirements, including any and all reporting .requirements under federal _tax statutes lot.... .
regulations;and
f. . If Force .Account is used by the Grantee for.any phase of the Project, establishan account. that..
documents all employee hours,and associated tasks charged to the Project per employee..
30. RELATED LITIGATION: Under no:circumstances may a Grantee use funds from:any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues.against'the State:Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and'notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this
Agreement or to repay all of the grant funds plus interest.
.31. RIGHTS IN DATA: The Grantee agrees that.all data; plans, drawings, specifications,.reports;,computer
programs., operating manuals, notes, and other written or graphic work produced in the performance...of this
Agreement shall be in the public.domain. The Grantee may disclose, disseminate and use in.whole or in part,
any final form data.and information received, collected, and.developed under this- Agreement,. subject,to
appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not
utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so.
32. STATE REVIEWS AND INDEMNIFICATION: The .parties .agree. that review or approval of Project
applications, documents, permits, plans and specifications.or other Project information by the State.Water.
Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain, implement, or otherwise carry,out the. Project..To the extent .
permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Boardand the.
State against any loss or liability arising out of any claim or action brought against the State Water. Board .
and/or.the State from and against any and all losses, claims; damages, liabilities or expenses,of every
conceivable kind, character and nature whatsoever arising out_of,resulting.from, or in any way connected with.
(1.) the Project or the conditions, occupancy, use, possession, conductor management of,Work done*in.or
about, or the planning,design, acquisition, installation or construction, of the Project Or any part thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any
Violation of any applicable law, rule or regulation, any environmental:law (including, without.limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act; the California Hazardous Substance Account Act, the .Federal Water'
Pollution Control Act, the Clean.Air Act,.the California.Hazardous Waste Control Law and California Water.
Code Section 13304, and any successors to said laws), rule or regulation or :the release of any toxic
substance on or near the System;or(4)any untrue statement or alleged untrue statement of any material fact
or.omission or alleged..omission to state a material.fact necessary to make.the statements required to be
stated therein, in light of the circumstances under which they were made, not misleading with respect to..any
information provided by the Grantee for use in-any disclosure document.utilized in connection with any of the
transactions contemplated.by this Agreement. To the fullest extent permitted by.law, the Grantee agrees to
pay.and discharge any judgment or award entered or made against the;State Water Board and/or the State
with respect to any such claim or action, and any settlement,.compromise or other voluntary resolution. The
provisions of this.section shall survive.the term of this Agreement.
33. SUPPLEMENTAL. ENVIRONMENTAL.. PROJECTS: Grant Funds shall not be used for supplemental
environmental projects required by Regional Boards:
34. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy . .
provided in this.Agreement is in addition to and not in derogation of any other legal or equitable:remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Project, and exercise of. any remedy provided by this
Agreement by the State Water.Board shall not preclude the State Water Board from pursuing.any legal,
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 19 of 22
remedy or right which would otherwise be available. In the.event of litigation between the parties hereto
arising from this Agreement, it is agreed that the State Water.Board shall be entitled to such reasonable costs
and/or attorney fees as may be ordered by the court entertaining such litigation.
35. TERMINATION, IMMEDIATE REPAYMENT, INTEREST:This Grant Agreement may be terminated by.written .
notice at any time prior to completion of the Project, at the.option of the State Water Board, upon violation by
.the Grantee of any material provision after such violation has been called to the attention of the Grantee and
after failure of the Grantee to bring itself into compliance with.the.provisions of this.Agreement.within .a .
reasonable time as established by the.State Water Board. In the event of such. termination, the Grantee
agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant
funds disbursed to the.Grantee prior to such termination. In the event.of termination, interest shall accrue on
all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the ,
Grantee to the date of full repayment by the Grantee.
36. TIMELINESS: Time is ofthe essence in this Agreement. The Grantee shall proceed with and complete the
Project in an expeditious manner.
37. TRAVEL AND PER DIEM: Any reimbursement for necessary.travel and per diem shall be.at rates not to
exceed those amounts set forth in Exhibit E. No travel outside the State of California shall be reimbursed
unless prior written authorization is obtained from the State Water Board.
.38. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force.and effect.and shall not be affected thereby.
39. URBAN WATER MANAGEMENT PLAN. The Grantee.certifies that.this Project complies with the Urban
Water Management Planning Act (Water Code.§ 10610 et seq.). This shall constitute a condition precedent.
to this grant agreement.
40. USEFUL LIFE OF PROJECT For the purpose of this.Agreement, the useful life of any constructed portions.
of this Project begins upon completion. of construction and continues until fifty (50) years thereafter for
pipelines and structures and twenty(20)years for all else:
41. VENUE: The State Water Board.and the Grantee hereby agree that any action.arising out of this Agreement
shall be filed and maintained in the Superior Courtin and for the.County of Sacramento, California, or in the
United States District Court in and for the Eastern District of California. The Grantee herebywaives any
existing sovereign immunity for the purposes of this.Agreement.
42. WATERSHED MANAGEMENT PLAN CONSISTENCY. Grantee certifies that any watershed..protectibn
activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed
management plans.and the applicable Water Quality Control Plan (Basin Plan) adopted by a Regional Water
Board, where such plans exist. Any such activity occurring.in the San Gabriel and Los.Angeles watersheds
shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted.
by the San Gabriel and Lower Los Angeles .Rivers and Mountain Conservancy and the Santa Monica
..Mountains Conservancy. ..
43. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project.
Contra Costa County Public Works Department t/ytt^
State.Water Board Grant Agreement No.06-175-555-0
Page 20 of 22 .,
EXHIBIT D
SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS .
Proposition 40 Nonpoint Source Pollution Control Program[PRC§§.5096.650,30935(a)]
1. The Grantee certifies that it is one of the following: a city, county, city and.county, district, or.a 501(c)(3),
nonprofit organization.
2. The.Grantee hereby warrants that this Project is intended to protect the beneficial uses.of water throughout
the state through the control of nonpoint source pollution.
3. The Grantee hereby warrants and represents that this Project is capable. of sustaining water quality benefits
fora period of twenty(20)years.
4. This Project has a defined water quality or beneficial use goal of reducing the cumulative impacts of nonpoint-
source pollution derived from the use of recreational watercraft, and by:improving public.access to:manna-
based environmental services:
5. Notwithstanding Exhibit A,the Grantee agrees to submit a.monitoring and reporting plan.that will do all of the
following:
a. Identify one.or more nonpoint sources of pollution
b. Describe the baseline water.quality of the water body impacted
c. Describe the manner in which the proposed practices or measures are implemented
d. Determine the effectiveness of the proposed practices or measures in preventing or reducing pollution..
.6. Notwithstanding Exhibit A, the Grantee agrees to submit a report to.the State:Water Board at the completion
of the Project that summarizes completed.activities and indicates whether the purposes of the Project have
been met. The report shall include information collected by the Grantee in accordance with the Project
monitoring and reporting plan,:including.but not limited.to, a determination of the effectiveness of the.best
management practices or management measures implemented as part of the. Project in preventing or
reducing nonpoint source pollution.
7. The Grantee certifies that this Project addresses at least.one.of the State Water Board or Regional Water
Boards'priorities as identified in Appendix G to the 2005-06 Consolidated Grants Program Guidelines.
8. The Grantee certifies that it is providing a match in the amount of at least 25%of the total amount to.be spent
on this Project.
9. The. Grantee certifies that in no event will it.complete this Project later than September of 2008. It
acknowledges that this condition is a material condition of this grant agreement.
Contra Costa County Public Works Department
State Water Board Grant Agreement No.06-175-555-0
Page 21 of 22.
EXHIBIT E
TRAVEL AND.PER DIEM EXPENSES
I. SHORT-TERM PER DIEM EXPENSES
A. In computing reimbursement for continuous short-term travel of more than.24 hours and less than 3.1
consecutive days, that is at least 50 miles from the main office, headquarters.or:primary residence,.the..
employee will be reimbursed for actual costs up to the maximum allowed for each meal,.incidental, and
.lodging expense for each complete 24 hours of travel,beginning with the travelers times of departure and.
return,as follows:
1. On the first day of travel on a trip of 24 hours or more:
Trip begins at or before 6 a.m. Breakfast may be claimed on the first day.
Trip begins at or before 11 a.m. Lunch may be claimed on the first day. ..
Trip begins at or before 5 p.m. .. Dinner may be claimed on the first day:
2. On the fractional day of travel at the end of a trip of more than 24 hours:
Trip ends at or after 8 a.m. Breakfast may be claimed.
Trip ends at or after p.m. Lunch may be claimed..
Trip ends at or after 7 p.m. Dinner may be claimed. '
If the fractional day includes an overnight stay, receipted lodging.may also be claimed. No meal.or.
lodging expense may be claimed or reimbursed more than once on any.given date or during any 24
hour period. .
3. Reimbursement shall be for actual expenses, subject to the following maximum rates:
4. Meals: .
Breakfast $6.00
Lunch $ 10.00 . Receipts are not required for regular
Dinner $ 18.00 short-term travel meals
Incidentals '$6.00.
5. Lodging:
Statewide Actual up to$84.00 plus tax
When required to conduct State.business and obtain lodging in the•counties. of Los Angeles and San
Diego,reimbursement.will be for actual receipted lodging to a maximum of$110 plus tax,.
When required to conduct.State business and obtain lodging in the counties of Alameda,:.San
Francisco, San Mateo, and.Santa Clara, reimbursement will be .for actual receipted lodging to a
maximum of$140 plus tax.
Iflodging receipts are not submitted, reimbursement will be for meals o� at the rates and time
frames set forth in B.1 below.
In circumstances where the contractor cannot obtain the state per diem lodging rate,verification from
the hotel.that such a rate was not available to the contractor may be submitted to substantiate Iodging
costs above the per diem rate.
` Contra Costa County Public.Works Department
State Water Board.Grant Agreement No. 06-175-555-0
Page 22 of 22
B. In computing reimbursement for continuous .travel of less than 24 hours, actual expenses,.up to.the
maximums in A.3 above, Will be reimbursed for breakfast and/or dinner and/or lodging in accordance with
the.following.time frames:
1. .Travel begins at or before 6.a.m. and ends at or after 9 a.m.: :.Breakfast may .be claimed. Travel
begins at or before 4 p.m.and ends at or after 7 p.m.: Dinner may be claimed.. If the trip of less than
24 hours includes an overnight stay, receipted lodging maybe claimed. No lunch or incidentalsmay.
be reimbursed on travel of.less than 24 hours.
2. .Employees on short-term travel who stay..in .commercial lodging establishments or commercial
campgrounds Will be reimbursed for actual lodging expenses substantiated by a receipt. Employees
who stay with friends or relatives, orwho do not produce a lodging receipt, will be eligible to claim
meals only.
ll. LONG-TERM TRAVEL AND PER DIEM EXPENSES
A. Employee maintains a separate residence in the'headquarters area: .
Long-term travelers who maintain a permanent residence at their primary headquarters may claim daily' ..
long-term lodging up to $24.00 with a receipt; and.long-term meals of $24.00 for each period'of travel
from 12 to 24 hours at the long-term location. For.travel of less than 12 hours,.the traveler may claim:.:.
either$24.00in receipted.lodging or$24.00 in long-term meals:
B. Employee does not maintain a separate residence M headquarters area::
Long-term travelers who do not maintain a permanent residence:at.their headquarters may.claim.daily
receipted lodging up to $12.00, and long-term meals of $12.00.for each period.of.travel from 12'to.24
hours at the long-term locations. For travel of less than 12 hours,the travelers may claim:either$12.00 in
receipted lodging or$12.00 in long-term meals
III. MILEAGE REIMBURSEMENT
Reimbursement for personal vehicle mileage is 44.5 cents per mile..
IV. VEHICLE RENTAL
Reimbursement for vehicle rental shall be for actual and necessary costs of:such rental and airplane usage
shall be allowed at the lowest fare available. Claims for reimbursements shall be allowed upon submittal of
the appropriate receipt. Refer to California Code of.Regulations,-Title 2,Sections 599.627 and 599.628.
17 07 10: 25a P. .
I
Internal Revenue Service Department of the Treasury
�. P. O. Box 2508
Cincinnati, OH 45201
Date: April 14, 2003 Person to Contact:
Ms. K. Hilson 31-07340
Customer Service Representative
San Francisco Estuary Institute Toll Free Telephone Number:
7770 Pardee LN 2"° Ft_R 8:00 a.m.to 6:30 P.M.EST
Oakland, CA 946214424 877-829.5500
Fax Number:
513-263-3756
Federal Identification Number:
94-2951373
Dear Madam:
This letter is in response to your request of February 20, 2003, requesting an address change. We have
updated our records to reflect the change as indicated above.
Our records indicate that a determination letter issued in September 1987 granted your organization
exemption from federal income tax under section 501(c)(3) of the internal Revenue Code. That letter is-stiff in
affect.
Based on information subsequently-submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509(a) of the Code.biacause it is an organization described in
sections 509(a)(1) and 170(b)(1)(A)(vi).
This classification was based on the assumption that your organization's operations would continue as stated
in the application. If your organization's sources of support, or its character, method of operations, or
purposes have changed, please let us know so we can consider the effect of the change on the exempt status
and foundation status of your organization.
Your organization is required to fife Form 990, Retum of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. if a retum-is required, ft must be filed by the 15th
day of the fifth month.after the end of the organization's annuai accounting period. The law imposes a penalty
of$20 a day, up to a maximum of$10,000, when a return 1s filed tate, unless there is reasonable cause for the
delay.
All exempt organizations(unless specifically excluded)are liable for taxes under the Federal Insurance
Contributions Act(social security taxes) on.remuneration of$100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift
tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
17 07 10: 25a P. 3
-2-
San Francisco Estuary Institute
94-2951373
Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organization is subject to this tax, it must file an
income.tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are
not determining whether any of your organization's present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
The law requires you to make your organization's annual return.available for public inspection vlithout charge
for three.years after the due date of the return. You are also required to make available for public inspection a
copy of your organization's exemption application, any supporting-documents and the exemption letter to any
individual who requests such.documents in person or in writing. You can charge only a reasonable fee.for
reproduction and actual postage costs for the copied materials. The taw does not require you to provide
copies of public inspection documents that are widely available, such as by posting them on the Internet
(World Wide Web). You may be liable for a penalty of$20 a day for each day you do not make these
documents available for public inspection (up to a maximum of.$10,000 in the case of an annual return).
Because this letter'oould help resolve-any questions about your organization's exempt status and foundation
status, you should keep it with the organization's permanent records.
If jou have any questions, please calf us.at the telephone number shown in the heading of this letter.
This letter affirms your organization's exempt status.
Sincerely,
John E. Ricketts, Director, TE/GE
Customer Account Services
Sacramento-San Joaquin
Delta Watersheds Boating Program
Project Assessment and Evaluation Plan
SWRCB Agreement No. 06-175-555-0
April 1, 2007 .
Contra Costa County Public Works
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PREP - DRAFT'
Table of Contents
I. Project Summary..................
A. Funding For Program................................:.................................................4
B. Project Description.................. ..........4
..........................................................
C. Problem Statement.....................................................................................6
D (and E). Project Tasks and Categories......................................................23
II. Project Goals and Desired Outcomes.............................................................24
III. Project Performance Tables .............................................................................26
Table III a Project Performance Measures for Load Reduction Activities ......26
Table III b Project Performance Measures for Education, Outreach, and
Capacity-Building ..........................................................................29
Table III c Project Performance Measures for Planning, Research, Monitoring,
orAssessment...............................................................................33
7/17/2007
PAEP - DRAFT
I. Project Summary
A. Funding For Program
Funding for this project has been provided through a contract with the State
Water Resources Control Board (SWRCB) pursuant to Proposition 40 for the
implementation of Integrated Watershed Management Program. The contents of
this document do not necessarily reflect the views and policies of the SW RCB,
nor does mention of trade names or commercial products constitute
endorsement or recommendation for use.
B. Project Description
The Delta Boating Program (DBP) follows on the success of the Keep the Delta
Clean (KDC) Program initiated by Contra Costa County under a Proposition 13
grant. The DBP extends the program into all of the counties of the Delta (Solano,
San Joaquin, Sacramento, and Yolo, in addition to Contra Costa County) and is
funded under a Proposition 40 grant. The load reduction and public outreach
elements of the project are similar and are implemented on a broader, Delta-
wide, scale.
Historically; water quality impacts associated with Delta recreation are
inadequately understood, and very few regional assessments have been made to
quantify the impacts of Delta recreation on drinking water and the ecosystem.
The Contra Costa County Watershed Program (CWP), a division of the Contra
Costa County Public Works Department and lead for the DBP, in conjunction with
the other Delta counties, acknowledge the immediate need to enhance and
protect the Sacramento - San Joaquin Delta (Delta) water quality from non-point
source pollution, including recreation derived pollution. Therefore, the DBP is
targeting recreational boating as a means to preserve drinking water quality, its
beneficial uses, and the environmental health of the Delta. The DBP will target
the cumulative impacts of pathogens (overboard sewage discharge), petroleum
hydrocarbons (including fuel, oil, and contaminated bilge water), and other liquid
wastes generated during recreational boating and marina activities, including
engine and hull maintenance. The project integrates the objectives of many
statewide efforts including the SWRCB's Non-Point Source Program and
Watershed Management Programs, as well as CALFED's goals, by studying and
then implementing actions that will reduce the loading of harmful chemicals and
pathogens into the Delta that can negatively impact drinking water quality and
other beneficial uses.
Like its predecessor, much of the DBP is directed at public outreach, monitoring,
and assessment of impacts, however various physical solutions are part of the
7/17/2007
PAEP - DRAFT
project such as the distribution of pollution prevention resources and tools via a
Boater Kit and by improving access to marina-based environmental services to
reduce spillage of pollutants. The objective of the monitoring and evaluation
tasks outlined in this Project Assessment and Evaluation Plan (PAEP) is to
create an analytical model designed to quantify the baseline water conditions and
then estimate any reduction of load in Delta waters due to DBP's activities. This
contract is funded by Proposition 40 under the Watershed Management
Program, as described in section LA above.
C. Problem Statement
Ji. Identify or characterize baseline data
To establish baseline conditions for Delta water quality parameters relevant to
this study, available data were assembled, additional baseline water quality
sampling will be conducted, and recreational users of the Delta will be surveyed.
When asked what their primary concerns regarding the Delta was, over 50% of
Delta recreators commented that water quality was one of the biggest issues that
the Delta faced'. The Delta on a single day can experience over 8,000 boat trips
.including small and large vessels. Collectively all of these boats and people can
have a negative effect on water quality. This behavior along with unclean
boating habits creates a considerable possibility for a large amount of nonpoint
source pollutants to be introduced into Delta water.
Pathogen Baseline Data
To date, the only known intensive bacteria sampling in the Delta was performed
by the DeltaKeeper in 2000, 2001, and 2002. Thousands of coliform samples
were collected as part of this study. The study acknowledged that septic
systems, livestock drains, urban runoff, and recreation could produce harmful
pathogens and bacteria that can be harmful to recreational users. The study's
primary objective was to identify the impacts recreational users had on municipal
water quality. The sampling was focused on the Stockton area, and sampling
was typically during the week (that is, not on weekends) and not always during
the summer. As such, the Delta Keeper sampling may not have captured peak
pathogen loading due to recreation. The Municipal Water Quality Investigation
(MWQI) also performed limited bacteria monitoring in Delta River waters in order
to verify pathogen levels in the Delta. The following tables summarize the data
presented in both the 2003 Delta Keeper report, and MWQI monitoring.
' Sacramento—San Joaquin Delta Boating Needs Assessment
4 7/17/2007
PAEP - DRAFT
Table 1.1
Pathogen Monitoring Completed by DeltaKeeper Program and MWQI
South North Old River South Old River Lower San San Joaquin at
Delta (1996-1999, (1996-1999, Joaquin Vernalis
(2004)MWQI) MWQI) (2000-2002, (1996-1999,
[MPN/100mL] [MPN/100mL] Delta MWQI)
Keeper) [MPN/100mL]
[MPN/100mL]
e. coli 2 - 60 2-344, 6 (med.) 3-531,12 med. 20 - > 10,000 2-3,440, 70 med.
fecal coliform 2-760 4-300, 14 med. `
The data gathered by the.Delta Keeper program.indicates that there is a_
significant presence of pathogens in Delta waters. The pathogens present in
Delta waters cause a significant potential health risk-and are one of the primary
reasons the DBP is being implemented. Furthermore the data presented does
not always represent peak recreation events so the actual peak pathogen levels
in the Delta are likely to be much higher. In order estimate how much peak day
data might affect these levels, the 1997 study on the Contra Loma Reservoir was
also considered.
The Contra Costa Water District completed a pathogen study on Contra Loma
Reservoir, a 2,000 acre-feet local drinking water reservoir located in Antioch, CA.
The pathogen data generated in that study are used to inform the current CWP
effort regarding the loading rate and fate of pathogens in an environment
approximating ambient Delta conditions. The sampling plan included episodic
monitoring for bacteria and coliforms during peak recreational events, such as
Memorial Day weekend. Below are the results from this study.
Table 1.2
Contra Loma Peak Use Pathogen Study
Data from 1997 CCWD Contra Loma Recreation Stud
DHS Guidelines Number of Samples % Exceedances
Fecal Coliform 400/100mL 201 32
E. coli 235/100mL 201 46
Enterococci 61/100mL 201 51
Results indicated a correlation between recreational use and peak levels of
bacteria. With respect to daily peaking of biological parameters, higher counts of
e. coli and enterococcus were recorded in the afternoon relative to the morning.
Counts increased with the number of swimmers. Counts increased on days of
peak use relative to non-peak days. In the Contra Loma study, recorded levels
of enterococcus and e. coli exceeded DHS guidance levels during peak use
5 7/17/2007
PAEP - DRAFT
days. Considering the Contra Loma study, the DeltaKeeper study, and sampling
performed be the MWQI, preventative measures to reduce the pathogen load
introduced to the Delta would likely benefit water quality and beneficial uses of
Delta waters.
Sampling of pathogen levels in the Delta waters were also completed as a part of
the KDC program. (Table 1.3). These samples were comprehensive in that they
included samples during peak and non-peak days. This allows the comparison to
be made between water quality on low and high recreational use days.
Table 1.3
KDC Pathogen Sampling
post-
pre-peak peak peak Standard
e. coli 2 - 80 2 - 60 2 - 120 126 (235-576)-
fecal coliform 4 - 130 2 - 7602 - 108 200 (400)*
enterococcus 2 - 140 2 - 110,2 - 78 33 61
n (sample # 36 136 136
* (single sample) (all units in cfu/100 mL)
As proven by the DeltaKeeper and Contra Loma study, the KDC verified the
hypothesis that many factors including urban runoff, agricultural runoff, and high
recreational use increases the pathogen load introduced into Delta waters.
Petroleum Hydrocarbons Baseline Data
The Contra Costa Water District, together with AwwaRF and UC Davis,
conducted a study on MTBE and BTEX loading in recreational waters 2. The
report concluded that based on numerous other studies, marine engines are
largely responsible for the introduction of MTBE and BTEX compounds into
surface water supplies. Conventional two-stroke engines ranked worst in terms
of the amount of fuel emitted; both fuel port and the exhaust port are open at the
same time, allowing raw oil and gas to escape with the exhaust gases.
Widespread historical use of MTBE in gasoline as a fuel oxygenate, and BTEX
as a natural component of gasoline, has resulted in contamination of drinking
water sources, including Delta waters.
Other studies considered include the MWQI program, which regularly samples
for a variety of organic and inorganic constituents throughout the Delta. MWQI
2"Options for.Minimizing Fuel-Related Contaminants in Lakes and Reservoirs" American Water Works
Association Research Foundation,2003
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data (Table 1.4) includes many grabs of benzene, toluene, ethyl benzene and
xylene (BTEX) and related compounds in the South Delta. MTBE concentrations
in the south Delta were typically reported in the 1 .0 to 2.0 ug/L range in the
summer months with one sample in Old River was detected at 5.2 ug/L. BTEX
compounds were typically not measured above the detection limit in the south
Delta, but sampling was not performed on weekends during peak recreational
use periods. Below (Table 1.5) are the 2004 data collected by the KDC, which
show the BTEX and MTBE levels of peak and post peak samplings.
Table 1.4
MWQI Sampling of BTEX MTBE
South Delta South Delta South Delta Lake Tahoe L. Echo,
(DWR, (CCWD, (CCWD, (TBPA, Lake
2001) 2003) 2004) 1997-1998) (USGS
1998
Benzene <0.5 - 0.7 <0.5 - 1.4 0.13 - 0.33 0.4
Eth lbenzene <0.5 - 0.6 < 0.5 0.12 - 0.39 0.71
Xylene (total) < 0.5 - 3.2 < 0.5 - 2.5 0.58 - 2.2 2.6
Toluene <0.5 - 4.4 <0.5 - 2.2 0.1 - 1. 3.5
MTBE 4.2-5.6 <3.0 - 8.7 j< 3.0 10.3 - 4.2 9.8
Table 1.5
CCWD BTEX MTBE Sampling
post-
pre-peak
ost-
re- eak Peak peak Standard
Benzene <0.5 1.4 <0.5 1
Eth (benzene<0.5 0.6 <0.5 700
Xylene 0.56 4.6 <0.5 1750
Toluene 0.67 4.4 <0.5 150
MTBE j< 3.0 8.7* 1.4* 114
* value recorded in 2003, no detection during2004
In (sample #) 136 148 148
High concentrations of BTEX compounds were detected in the south Delta,
corresponding to high use events (e.g., holiday weekends in the summer), and
concentrations quickly dropped following peak days. The data indicate that the
hydrocarbon levels, especially on peak days, are higher than standard or
regulatory levels. Much like the baseline pathogen data, the baseline
hydrocarbon data demonstrates a need for reduction in load to protect Delta
water quality.
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Recreational Baseline Data
As mentioned above the types of boats and their uses can also drastically affect
water quality. Therefore it is necessary to be aware of the types of boats that
travel in the Delta. Tables 1.6, 1.7, and 1 .8 describe the boating environment of
the Delta, and should help to outline the way the DBP will be implemented. The
data below shows that there is a significant presence of two stroke engines in the
Delta. Even though over the last couple years two-stroke ownership has gone .
down, two-stroke engines still continue to effect Delta water quality. The data
also demonstrates that the majority of the boating,destinations are located in
Delta waters, or are in some way eventually streamlined into the Delta. All of
these factors aid in generating poor water quality throughout the Delta.
Table 1.6
Boat Ownership Lar a Small
Cabin Cruiser 62% 20%
Runabout 12% 42%
Sailboat 30% 10%
Bass Jon Boat 7% 18%
Inflatable Raft NA 12%
Houseboat/Pontoon 14% 4%
Jet Boat 12% 10%
PWC 11% 17%
Other 19% 27%
Table 1.7
Boat Ownership Large (Small
Cabin Cruiser 62% 20%
Runabout 12% 42%
Sailboat 30% 10%
Bass Jon Boat 7% 18%
Inflatable Raft NA 12%
Houseboat/Pontoon 14% 4%
Jet Boat 2% 10%
PWC 1% 17%
Other 190% 27%
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Table 1.8
Most Popular Destinations
Large Boats % Small Boats %
Tower Park 20.1 Rio Vista 16.8
Herman's 14.8 San Joaquin River 13.4
Stockton 12.0 Franks Tract 10.4
Carquinez 10.6 Isacramento River 9.9
Discovery Bay 7.9 Tower Park 9.4
Willow Berm 7.9- Mokelumne River 8.4
Antioch 7.9 Discovery Bay 7.9
Sugar Bare 6.9 B&W Marina 5.0
Delta Marina 5.8 The Meadows 4.5
Korth's Marina 5.3 IBiq Break 4.5
Village West 4.8 IStockton 4.0
Outrigger Marina 4.8 Mildred Island 4.0
Oxbow Marina 4.2 Lost Isle 4.0
Ladd's 4.0
ii. Identify pollution source categories
The primary source of drinking water for 550,000 residents in Contra Costa
County is drawn from two intake facilities (Old River and Rock Slough) within the
project boundary. Further, over 25 million Californians, including over 2.5 million
in the Bay Area, receive part of their drinking water from the State Water
Project's facilities located in the southern Delta. Additionally, there are more than
150 boating marinas throughout the entire Delta Region. As an ecosystem,
water-borne pollutants attributed to recreational use can act as an additional
stressor to various Delta species. The proposed program will target several
nonpoint pollution sources generated during recreational boating and marina
activities including:
pathogens (overboard sewage discharge, i.e. black water, and pet waste),
petroleum hydrocarbons (methyl-tertiary-butyl-ether [MTBE] containing
fuel, oil, contaminated bilge water, and solvents), and
other liquid wastes (engine and hull maintenance and general marina
activities).
These are the main nonpoint pollution sources that this project is designed to
reduce. Much of the project is directed at public outreach, monitoring, and
assessment of impacts. However, various physical solutions are part of the
project such as the distribution of pollution prevention resources and tools via a
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Boater Kit and by improving access to marina-based environmental services to
reduce spillage of pollutants. All of these solutions are aimed at reducing the
nonpoint source pollution that is introduced to Delta waters.
iii. Identify and describe current restoration activities; Best Management
Practices (BMP's); load reduction activities; prevention activities
Aside from the programs initiated under the previous KCP, efforts to reduce
pathogen loading to Delta waters from recreation are limited or non-existent.
Marinas and other Delta facilities often provide restrooms for customer
convenience and comfort, however public access to public restrooms is limited
due to the geography of the Delta. It is also unknown if there are an appropriate
number of operating and publicly accessible sewage pump-out systems and port-
o-potty dump stations in the Delta.
Sales of two-stroke motors are restricted in Delta counties to limit hydrocarbon
loading to Delta waters, but two-stroke vessels are still commonly used for
recreation in the Delta, In general, BMPs and load reduction practices exist for
use of gasoline engines in Delta recreation, but boaters access and
understanding of these practices is inadequate and often non-existent.
iv. Describe the manner in which BMP's or Management Measures are
proposed to be implemented
As outlined in the funding agreement, several activities will be implemented as
part of this grant to reduce pollution and increase integrated watershed
management.
Task 1: Pollution Load Reduction
Pollution associated with recreational boating, body-contact recreation and
marina operations will be reduced by improving public access to free
environmental services at Delta marinas to prevent pollution and increase proper
disposal of hazardous wastes by boaters, marina visitors and local residents.
DBP partners will sustain these services for the next twenty (20) years, or for the
life of the equipment. The work shall be conducted in the project area (San
Joaquin, Sacramento, Solano, and/or Yolo Counties). This element will include
installation of marina-based Oil Recycling Centers to collect used oil, oil filters,
marine batteries, oil absorbents and empty oil bottles from the boaters and local
residents and installation of new oil absorbent exchange centers throughout the
Delta to distribute free oil absorbent bilge pillows and sheets to boaters. Used
absorbents can then be returned to the center for recycling. Pet waste stations
will also be installed along levees and throughout the Delta region. Additionally,
fishing line recycling centers will also be throughout the Delta region to reduce
marine debris pollution and wildlife entanglement.
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Task 2: Outreach and Education
Outreach will also be a major aspect of the DBP. Activities include:
Creation of a comprehensive Regional Pollution Prevention Campaign that
will unify existing efforts, promote newly installed environmental services
and improve clean boating practices throughout the Delta counties (Contra
Costa, Sacramento, San Joaquin, Solano and Yolo).
Development of a comprehensive Promotional Strategy that will carefully
delegate responsibilities among the DBP members, identify critical task
and subtasks, formulate contingency plans, and incorporate timelines to
maximize efficiency and exposure for environmental services and clean
boating practices in the Delta Region.
Creation of a Press Kit that will be distributed to mixed media (boating
publication ads, websites, and newspapers) to promote and advertise
environmental services.
Design, distribution and posting signage at marinas to promote
environmental service usage (i.e. sewage pump-out stations; oil, filter,
used oil bottle and oil absorbents recycling; marine battery recycling;
fishing line recycling; pet waste station usage; recycling participation) and
clean boating practices.
Installation of Informational Kiosks at marina launch ramps to strategically
target transient boaters (the majority of boaters who visit the Delta on
peak-use days) in order to promote environmental services and clean
boating practices.
Additional outreach including distribution of Recreational Boater Kits,
surveys, creation of a DBP website, and recruit dockwalkers.
Task 3: Water quality monitoring
Water quality monitoring will be conducted to help establish baseline conditions
in conjunction with other monitoring programs.
Task 4: Program Assessment
Assessment of the program will involve a measurement tool (Pollution Prevention
Measurement Model) that will assess the effectiveness of load reduction projects
in terms of load reduction and benefits to various beneficial uses, such as
drinking water quality.
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v. Summarize how the effectiveness of proposed practices or measures in
preventing or reducing pollution will be determined
BTEX measurements will serve as a surrogate for determining the presence of
fuels, oils, and greases in the water. These constituents pose potential impacts
to drinking water and recreation at sufficient concentration. Two general types of
locations will be sampled in the Delta to support the DBP. The first is associated
with the expected sources of loading for the constituents, i.e., high-use
recreational areas. Field observations (via boat) conducted 2003 and 2004
during holiday weekends confirmed.many high-use areas in Contra Costa and
San Joaquin Counties with respect to personal watercraft use, marina activities,
water skiing, swimming, and other general boating uses. At each general site,
the specific sampling location(s) will include beaches with high recreation. uqe
and/or pump out areas that have significant boat traffic. The second is type of
location relates to where the impact to drinking water quality could be measured
such as the south Delta(near Contra Costa Water District's drinking water intake
and near the intake for Clifton Court Forebay of the State Water Project and the
Central Valley Project's Tracy Pumping Plan). Collectively, these intakes provide
drinking water to over 25 million people in California.
Grab samples will be taken immediately after summer holiday weekends. These
sampling results can then be contrasted with samples on low-use days (such as
fall, winter, and spring) to better distinguish activity-driven loading from
background loading. Selected constituents include volatile compounds
associated with gasoline-powered watercraft including MTBE, benzene, xylene,
toluene, and ethyl benzene.
The water quality data generated by this sampling will be used along with the
other available data (identified above in CJ) will be used to understand the
potential baseline impacts of recreation on Delta water quality to better
understand how pollution prevention efforts suite the needs of recreational
boaters and marina operators. The reduction in hydrocarbon loading due to the
DBP will be estimated based on observed usage and collection rate of properly
used petroleum adsorption materials and recycled waste oil. Reduction in
pathogen loading will be estimated through follow-up surveys of Marina operators
and the general public and the observed usage and collection rate of pet waste
facilities.
vi. Determine the "changes in flow pattern" in affected water bodies
This question is not applicable to the DBP. This project is not meant to
determine the flow pattern of the Delta. It is designed to reduce the amount of
nonpoint source load polluting Delta waters.
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vii. Determine economic benefits of implementing project
Determination of the economic benefits of project implementation is an ultimate
goal of the analysis to be performed for this program. The program analysis will
attempt to identify optimal load reduction strategies or areas of most concern
based on effectiveness of various strategies and the geographic location of
recreation areas relative to important receptors (sensitive ecosystem
components or drinking water intakes).
D (and E). Project Tasks and Categories
Project components are summarized below. See C.iv above for more.detailed
descriptions of each of these.tasks.
Table 1.9
Project Tasks Project Category
Task 1: Pollution Load Load Reduction
Reduction
Task 2: Outreach and Education, Outreach, and Capacity -building
Education
Task 3: Water quality Planning, Research, Monitoring and
monitoring Assessment
Task 4: Program Assessment Planning, Research, Monitoring and
Assessment
II. Project Goals and Desired Outcomes
Project Goals .
1) Reduce the discharge of pollutants to the Delta from non-point sources that
may be associated with recreational boating, body-contact recreation and
marina operations and as a result, provide valuable local and statewide
benefits through lessons learned about effective environmental services,
pollution prevention outreach, and implementation strategies.
2) Develop measurement and estimation tools (model) that will assist in
understanding the effectiveness of environmental services and boater/marina
operator outreach towards reducing impacts on beneficial uses in the Delta.
3) Establish a Pollution Prevention Program that seeks responsible, shared
solutions to water quality problems by influencing the behavior of marina
operators, recreational boaters, and the general public.
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Desired Outcomes
1) A progressive reduction in the potential non-point source pollution that may be
attributed to the growing recreational boating population and marina industry in
the Delta.
2) Newly installed marina-based environmental services (improved access and
awareness of local sewage pump-out facilities, oil and absorbent recycling, pet
waste stations, fish cleaning stations, recycling bins).
3) Improved knowledge base of recreator and marina operators regarding access
to environmental services, the importance of pollution prevention and safety, and
tangible strategies to reducing their impact on Delta water quality and beneficial
uses.
4) Improved protection of sensitive habitat through increased usage of
environmental services, availability of clean boating information and improved
recreator awareness that their activities can harm wildlife.
5) Enhanced protection of local native species by providing information to
boaters on how to prevent/ reduce the spread of non-native invasive species.
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III. Project Performance Tables
Table III a
Project Performance Measures for Load Reduction Activities
Project Goals Desired Project Measurement
Project Performance Tools and Targets
Outcomes Measures Methods
1) Reduce the 1) A 1) Approx. no. 1) Determine 1) Install free
discharge of progressive of gals of used the number of marina-based
pollutants to the reduction in the oil collected measures environmental
Delta from non-point from Oil implemented services
potential non- source pollution Recycling Ctrs and estimate 2)- Install 3 Oil
point sources attributed to the the pollution Recycling Ctrs.
that may be growing 2) Approxi no. collection of 3) Install 10 Oil
associated with recreational of used oil each to Absorbent
recreational boating absorbents determine load Exchange Ctrs.
boating, body- population and collected at Oil reduction. 4) Install 50 pet
contact marina industry Absorbent waste stations
recreation and in the Delta. Exchange Ctrs 5) Install 13
marina fishing line
operations and 2) Improved 3) Approx. no. recycling
as a result, protection of of oil filters centers
provide sensitive collected at 6) Install 50
valuable local habitat through Used Oil recycling bins
and statewide increased Recycling Ctrs at launch
benefits usage of ramps.
through lessons environmental
learned about services,
effective availability of
environmental clean boating
services, information and
i pollution improved
prevention recreator
outreach, and awareness that
implementation their activities
strategies can harm
wildlife.
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Table III b
Project Performance Measures for Education, Outreach, and Capacity-building
Project Goals Desired Project Measurement
Project Performance Tools and Targets
Outcomes Measures Methods
1) Establish a 1) Enhanced 1) No. of 1) Marina 1) Distribute
Pollution protection of educational Operator 20,000 boater
Prevention local native boater kits Survey to kits
Program that species by handed out collect
seeks providing information for 2) Distribute
responsible, information to 2) No. of a new Delta 25,000 new
shared boaters on how Sacramento- Boating Map Sacramento-
solutions to to prevent/ San Joaquin San Joaquin
water quality reduce the Delta 2) Dockwalker Delta
problems by spread of non- Recreational training Recreational
influencing the native invasive Boating Maps workshop Boating Maps
behavior of species distributed review forms
marina 3) Install 10
operators, 2) Improved 3) No. of Clean 3) Pollution Informational
recreational knowledge Boating Theme Prevention Kiosks to
boaters and the base of Posters Tracking Forms promote clean
general public. recreators and distributed to boating
marina Delta marinas 4) Create a practices and
operators comprehensive other campaign
regarding 4) Dockwalker press kit that messages
access to training will be utilized
environmental attendance and to efficiently 4) Distribute 6
services, the no. of kits and promote new Theme Posters
importance of survey environmental to marinas
pollution distributed services and throughout the
prevention and through their campaign Delta and post
safety, and efforts messages in Informational
tangible Kiosks
strategies to 5) No. of 5) Recreational
reducing their completed Boater Survey 5) Train 50 new
impact on Delta Recreational for 2007 Delta
water quality Boater boating season. Dockwalkers
and beneficial Surveys.
uses. 6) Establish
DBP website
featuring
program info
and goals.
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PAEP - DRAFT
Table III c
Project Performance Measures for Planning, Research, Monitoring, or
Assessment
Project Goals Desired Project Measurement
Project Performance Tools and Targets
Outcomes Measures Methods
1) Develop 1) Newly 1) Conclusions 1) Completion of 1) A refined
measurement installed drawn from model to indirectly and fully
and estimation marina-based Model.Results estimate benefits developed
tools (model) environmental of program as model that is
that will assist services - measured by load scientifically
in (improved reduction of valid and
understanding access and identified functions in a
the awareness of constituents, and way that will
effectiveness local sewage the corresponding provide
of pump-out reduction in quantifiable
environmental facilities, etc). load/concentration data related to
services and at sensitive pollutant load
boater/marina 2) Improved beneficial use reduction
operator understanding sites in the Delta
outreach (benefiting
towards both local and
reducing state
impacts on stakeholders)
beneficial of how to
uses in the quantify
Delta. pollution
prevention and
which
environmental
services are
most
successful
through the
development
and pilot-
testing of the
Pollution
Prevention
Model.
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