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Home My WebLink AboutMINUTES - 07222008 - C.30 TO: BOARD OF SUPERVISORS AS GOVERNING ` y '' -U:. Contra BOARD OF THE FLOOD CONTROL& WATER 1' _ CONSERVATION DISTRICT ............. Costao.'. ;' $ w FROM: JULIA R. BUEREN, CHIEF ENGINEER �,5 _: ;P` COU ty DATE: July 22, 2008 SUBJECT: APPROVE and AUTHORIZE a third contract amendment with the sanitary districts, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 60614 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer Flood Control and Water Conservation District,or designee,on behalf of the Contra Costa Clean Water Program, to execute a contract amendment with Central Contra Costa Sanitary District,Delta Diablo Sanitation District, and East Bay Municipal Utility District,to eliminate the City of Pinole as a service recipient, effective July 22, 2008, with no change to the original contract dates July 1, 2003 through June 30, 2009, for municipal inspection and illicit discharge control activities. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 60614 CONTINUED ON ATTACHMENT: p SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REe6i.N11NIEND71110F BOARD C:. li EE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDI_D OTI I-R VOTE I'SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT e� f COPY 017 AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT f ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOYS: DATE SHOWN. ABSENT: ABSTAIN: Contact: Michelle McCauley 313-2194 LL:zz G:\NPDES\BO Res_Contracts_Agmt\CCCSD Inspection Program\Amendment 3 to ATTESTED 06_09\1307 08.doe JOHN 1-LF CLERK F THE BOARD OF SUPE VV, cc: BY: Dr l'UTY SUBJECT: APPROVE and AUTHORIZE a third contract amendment with the sanitary districts, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7614 DATE: July 22, 2008 PAGE: 2 of 2 FISCAL IMPACT: None. REASONS FOR RECOMMENDATION AND BACKGROUND: The current Inspection Contract with Central Contra Costa Sanitary District,Delta Diablo Sanitary District and East Bay Municipal Utility District, provides for inspection services on behalf of sixteen municipalities. On April 1, 2008,the Contra Costa Clean Water Program received written notice from the City of Pinole requesting the removal of the City from the list of municipalities participating in the inspection program.This contract amendment removes the City of Pinole from the list of participating municipalities,reducing the participating municipalities from sixteen to fifteen. CONSEQUENCES OF NEGATIVE ACTION: If the Third Amendment to the current inspection agreement with Central Contra Costa Sanitary District,the Delta Diablo Sanitary District, and the East Bay Municipal Utility District is not approved the Contra Costa Clean Water Program will be in violation of the contract which stipulates in Paragraph 2. Termination: Any Participating Municipality may terniinate its participation in this Agreement,at its sole discretion,upon giving the District and the appropriate Agency at least ninety(90) days written notice. THIRD AMENDMENT TO AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRAZOSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM 1. EFFECTIVE DATE AND PARTIES Effective June 30, 2008; the Contra Costa County Flood Control and Water Conservation District, a California special district (District), and the following three (3) agencies (Agencies): the Central Contra Costa Sanitary District, a California sanitary district (CCCSD), the Delta Diablo Sanitation District, a California sanitation district (DDSD), and the East Bay Municipal Utility District, a California municipal utility district (EBMUD), mutually agree as follows: 2. PURPOSE Effective July 1, 2003, the parties entered into a written contract entitled "AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" (referred to as the "Agreement"), which covered inspection activities and illicit discharge control activities, as part of the implementation of the Contra Costa Clean Water Program's Stormwater Management Plan. The .Agreement has been previously amended twice. Pursuant to Section 2 of the Agreement, the parties wish to amend the agreement to delete the City of Pinole from the list of Participating Municipalities. 3. AMENDMENTS TO AGREEMENT In the Agreement, "WHEREAS, sixteen (16) of the Cities" shall be changed to "WHEREAS, fifteen (15) of the Cities", and "Pinole" shall be removed from the list of Participating Municipalities. 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. SIGNATURES G:\NPDES\BO_Res_Contracts_Agmt\CCCSD Inspection Program\Amend 3.DOC These signatures attest the parties' agreement hereto: CONTRA COSTA COUNTY FLOOD DELTA DIABLO SANITATION CONTROL AND WATER DISTRICT CONSERVATION DISTRICT By: By: tLL (signature) I (signature) Name: Name: GuAlh Its: Deputy Chief Engineer Its: General M nager FORM APPROVED: FORM APPROVED: Silvano B. Marchesi, County Counsel By By: � G '�L�l Ki r y Jo so istrict Counsel Dep ty Cou 6ty Counsel CENTRAL CONTRA COSTA EAST BAY MUNICIPAL UTILITY SANITARY DISTRICT DISTRICT A By (signature) (signature) Name: �'�ri �3 �. 1C ty Name: &&rWA/4/ M. &EMCE L Its: General Manager Its: General Manager FORM APPROVED: FORM APPROVED: By: By: D Nt?!i-ctC ounsel DistriCou se z G:\NPDES\BO_Res_Contracts_Agmt\CCCSD Inspection Program\Amend 3.DOC APPROVALS/ACKNOWLEDGEMENTS (Consulting Services Agreements) APPROVALS RECOMMENED BY THE ARTMENT FORM APPROVED BY COU COUNSEL By: By: Designee Deputy APPROVED COUNTY ADMINISTRATOR By: Desig e ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On ,before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evid a to be the person(s) whose name(s) is/are subscribed to the within instrument and. acknowledg to me that he/she/they executed.the same in his/her/their authorized capacity(ies), and that by s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso acted, executed the.instrument. I certify under PENALTY OF PERJURY rider the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my ha and official seal. (SEAL) Signature of.: otary public THIRD AMENDMENT TO AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND I WATER CONSERVATION DISTRICT.(ON BEHALF OF THE' CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, _ THE DELTA DIABLO SANITATION DISTRICT AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM 1. EFFECTIVE DATE AND PARTIES Effective June 30,:2008, the Contra Costa County Flood Control and Water Conservation District, a California special district (District), and the following three (3) agencies (Agencies): the Central Contra Costa Sanitary District, a California sanitary district (CCCSD), the Delta Diablo Sanitation District, a California sanitation district (DDSD), and the East Bay Municipal Utility District, a California municipal utility district (EBMUD), mutually agree as follows: 2. PURPOSE Effective July 1, 2003,the parties entered into a written contract entitled "AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN . WATER PROGRAM" (referred to as the "Agreement"), which covered inspection activities and illicit discharge control activities, as part of the implementation of the Contra Costa Clean Water Program's Stormwater Management Plan. The . .Agreement has been previously amended twice. Pursuant to Section 2 of the Agreement, the parties wish. to amend the agreement to delete the City of Pinole from the list of Participating Municipalities. 3. AMENDMENTS TO AGREEMENT In the Agreement, "WHEREAS, sixteen (16) of the.Cities" shall be changed to "WHEREAS, fifteen (15) of the Cities", and "Pinole" shall be removed from the list of Participating Municipalities. 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the Agreement'shall remain in full force and effect. 5. SIGNATURES G:\NPDES\BO_Res_Contracts_Agmt\CCCSD Inspection Program\Amend 3.DOC These signatures attest the parties' agreement hereto: CONTRA COSTA COUNTY FLOOD DELTA DIABLO"SANITATION CONTROL AND WATER DISTRICT CONSERVATION DISTRICT By � By: r—� (signature) (signature) Name: u I i �� -�� Name: a LAI Its: 9epgty Chief Engineer Its: General M nager FORM APPROVED: FORM APPROVED: Silvano B. Marchesi, County Counsel By• By: Ki r y Jo so istrict Counsel Dep ty Cou ty ounsel CENTRAL CONTRA COSTA EAST BAY MUNICIPAL UTILITY SANITARY DISTRICT DISTRICT By: 09-� - By: lft-r A (signature) (signature) Name: �'' '�'�. 4Cd.t 7' Name: M.M. 00146-11— Its: General Manager Its: General Manager FORM APPROVED: FORM APPROVED: By: / By: DI ict -'Counsel Distri Cou se 2 G:INPDESIBO_Res_Contracts_AgmtICCCSD Inspection Program\Amend 3.DOC APPROVALS/ACKNOWLEDGEMENTS (Consulting Services Agreements) APPROVALS RECOMMENED BY THE ARTMENT FORM APPROVED BY COU CO NU SEL By: By: Designee Deputy APPROVED COUNTY ADMINISTRATOR By: Desig lie ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On ,before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evid a to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledg to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso acted,executed the instrument. I certify under PENALTY OF PERJURY nder the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my ha and official seal. (SEAL) Signature of,• otary Public