HomeMy WebLinkAboutMINUTES - 09162008 - C.15 TO: BOARD OF SUPERVISORS �� Contra
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR gi nr s Costa
DATE: September 16, 2008 °� .r �Ytie County
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SUBJECT: First Amended Memorandum of Understanding with San Joaquin, Solano, and Yolo Counties and the
City of Stockton, East County area. (State Water Resource Control Board, Proposition 40 Drinking
Water Grant Funding) (District III & V) Project No. 7517-6W7264
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE the First Amended Memorandum of Understanding (MOU) with San Joaquin, Solano, and Yolo
Counties and City of Stockton, approved on November 6, 2007,to reduce the time period that San Joaquin County
is required to maintain improvements installed as part of the Sacramento—San Joaquin Delta (Delta) Watersheds
Boating Program and to make other minor corrections, East County Area.
CONT UED ON ATTACHMENT: 0 SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR YE60MMENDATI OF BOARD C EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON /4; ae,�IO,PPROVED AS RECOM NDED OTH
V OT�OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
v/ COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT /�j��/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:Greg Connaughton(925)313-2271
GC:cw
G:\FldCtl\Board Orders 2005 Onward\2008 BO\First Amended DBP MOU BO 9- ATTESTED `�� �G 9.,r
16-08.doc /
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DAVTD TWA,CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: CAO—E.Kuevor
Public Works:
R.Lierly,Flood Control Division,County Watershed Program
D.Jordan,Flood Control Division,County Watershed Program BY: ,DEPUTY
SUBJECT: First Amended Memorandum of Understanding with San Joaquin, Solano, and Yolo Counties and
the City of Stockton, East County area. (State Water Resource Control Board, Proposition 40
Drinking Water Grant Funding) (District III & V)Project No. 7517-6W7264
DATE: September 16, 2008
PAGE: 2 of 3
FISCAL IMPACT:
No impact to the County General Fund. All costs will be paid with the State Water Resource Control Board,
Proposition 40 Drinking Water Grant Funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In September 2006, with the support of San Joaquin, Sacramento, Solano, and Yolo counties (Delta Counties),
Contra Costa County(CCC)applied for and was awarded a Proposition 40 Grant(Grant) of$1.6 million from the
State Water Resources Control Board (SWRCB) to implement the Sacramento–San Joaquin Delta Watersheds
Boating Program(DBP),to study and implement actions to mitigate the cumulative impacts of pollutants on Delta
water quality from recreational boating activities in the Delta Counties.
The SWRCB desired a consistent and comprehensive program throughout the Delta rather than one composed of
separate initiatives of various jurisdictions. Accordingly, the grant required CCC to execute a Memorandum of
Understanding (MOU) with the Delta Counties and the City of Stockton to provide various levels of support for
the DBP. On November 6, 2007 the Board authorized the Public Works Director to execute an MOU with the
counties of San Joaquin, Solano, and Yolo and the City of Stockton—the County of Sacramento was unable to
formally participate in the DBP. The MOU required the County of San Joaquin to install waste oil collection
centers and other environmental infrastructure in the unincorporated area and within the City of Stockton and to
maintain the facilities for twenty years as set forth in the SWRCB grant contract. Subsequently, when presented
with the MOU, the County of San Joaquin requested CCC to seek a modification to the grant agreement with the
SWRCB to reduce the maintenance period for the oil collection centers.
CCC embarked on protracted negotiations with the SWRCB and San Joaquin County. On March 6, 2008, the
SWRCB issued Breach of Agreement#06-175-555-0 to CCC for failure to provide an MOU as required. Failure to
cure the Breach could have resulted in the termination of the grant. Faced with this dire consequence,the County of
San Joaquin executed the MOU as originally presented. However, the SWRCB ultimately agreed to modify the
grant contract to allow a maintenance period for the oil collection centers and other infrastructure of 10 years or for
the life of the equipment, whichever is longer.
The MOU needs to be modified to reflect the change in maintenance period for the oil collection centers and other
facilities. Additional modifications are required to correct the unintended consequence of removing the County of
Sacramento from the agreement that resulted in incorrect references to various sections in the MOU.Finally,several
minor additions have been made, at the request of San Joaquin County, to clarify maintenance responsibility.
The following revisions to the MOU are recommended:
I) Revise Section 1.D.(2)to read: "The installed pollution prevention infrastructure above shall be maintained for
the number of years indicated for each separate jurisdiction in this MOU or the life of the equipment,whichever
is longer."
2) Revise the second sentence of Section 1.D.3 to read: "This provision does not apply to the Oil Recycling
Centers and the Oil Absorbent Exchange Centers, as specified in Section 2.A.(3) and 2.A.(4) of this MOU."
SUBJECT: First Amended Memorandum of Understanding with San Joaquin, Solano, and Yolo Counties and
the City of Stockton, East County area. (State Water Resource Control Board, Proposition 40
Drinking Water Grant Funding) (District I1I & V) Project No. 7517-6W7264
DATE: September 16, 2008
PAGE: 3 of 3
3) Revise Section 2.A.(3) to add the following as the second sentence: "Operate, maintain and repair these
Exchange Centers for a period of ten(10)years or for the life of the equipment,whichever is longer.Operation,
maintenance and repair includes but is not limited to the day-to-day oversight and work that is required to
maintain functionality of the equipment as originally intended by its design, and as defined by the State Water
Board's Proposition 40 Grant, Agreement No. 06-175-555-0, and by this MOU."
4) Revise Section 2.A.(3)b to eliminate reference to "Section 2.B.(3)f' and replace it with "Section 2.A.(3)£"
5) Revise the fourth sentence of Section 2.A.(3)c to read: SAN JOAQUIN shall make the absorbents available to
the public at no charge for a period of 10 years or for the life of the equipment, whichever is longer.
6) Revise Section 2.A.(3)d to eliminate reference to "Section 2.B.(3)" and replace it with "Section 2.A.(3)."
7) Revise Section 2.A.(3)e to read: "During the Grant term, the cost of collection services for the used oil
absorbents and associated collection services is eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life of the equipment,whichever is longer. Operation,
maintenance and repair includes but is not limited to the day-to-day oversight and work that is required to
maintain functionality of the equipment as originally intended by its design, and as defined in the State Water
Board's Proposition 40 Grant, Agreement No. 06-175-555-0, and by this MOU."
8) Revise Section 2.A.(3)£i to eliminate reference to "three (3)" and replace it with "seven (7)."
9) Revise Section 2.A.(4)b to eliminate reference to "Section 2.B.(4)e" and replace it with "Section 2.A.(4)e."
10)Revise Section 2.A.(4)c to eliminate reference to "20 years" and replace it with "10 years."
11)Revise Section 2.A.(4)d to read: "During the Grant term, the cost of collection services for the used oil
absorbents and associated collection services is eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life of the equipment,whichever is longer. Operation,
maintenance and repair includes but is not limited to the day-to-day oversight and work that is required to
maintain functionality of the equipment as originally intended by its design, and as defined in the State Water
Board's Proposition 40 Grant, Agreement No. 06-175-555-0, and by this MOU."
12)Revise Section 2.A.(4)e.i to eliminate reference to "seven (7)" and replace it with "three (3)."
13)Add the following section: "Section 13 Supersede. This first amended MOU supersedes the December 1,2006
MOU entered into by and among the parties to this MOU."
CONSEQUENCES OF NEGATIVE ACTION:
Without approval of the recommended modifications, the MOU will not reflect San Joaquin County's current
obligations to fulfill requirements of the SWRCB grant contract.
FIRST AMENDED MEMORANDUM OF UNDER:
AMONG CONTRA COSTA COUNTY, SAN JOAQUIN COUNTY , SOLANO COUNTY,
YOLO COUNTY, AND THE CITY OF STOCKTON, TO IMPLEMENT PHASE 11 OF
THE "KEEP THE DELTA CLEAN' PROGRAM IN THE SACRAMENTO-SAN
JOAQUIN DELTA REGION.
Effective September 16, 2008, this first amended MEMORANDUM OF UNDERSTANDING
is entered into among the COUNTIES OF CONTRA COSTA, SAN JOAQUIN, SOLANO,
and YOLO, political subdivisions of the State of California, herein referred to as "CONTRA
COSTA", "SAN JOAQUIN", "SOLANO", and "YOLO", respectively; and the CITY OF
STOCKTON, a municipal corporation, hereinafter referred to as "STOCKTON"; pursuant to
Government Code sections 6500 and following:
RECITALS
A. Contra Costa County and the. State Water Resources Control Board previously
entered into a grant agreement that established the Keep the Delta Clean
("KDC") program. The purpose of the KDC program was to install used oil
recycling facilities and other waste management infrastructure at several
marinas in Contra Costa County and conduct public outreach regarding pollution
reduction practices and water quality assessment.
B. Contra Costa County and the State Water Resources Control Board ("SWRCB")
recently entered into Grant Agreement No. 06-175-555-0 (the "Grant
Agreement"). Under the Grant Agreement, the SWRCB provided a grant to
Contra Costa County in the amount of $1,650,061.00 to expand the KDC
program to other counties in the Delta. The purpose of the expansion, phase 11
of the KDC program, is to reduce the cumulative impacts of nonpoint source
pollution, improve public access to marina-based environmental services, and
measure their effectiveness in preventing pollution. The grant is funded by
funds from Proposition 40, the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002.
C. Under the Grant Agreement, Contra Costa County agreed to form a partnership
with the counties of Sacramento, San Joaquin, Solano and Yolo, and the City of
Stockton, to establish a Sacramento-San Joaquin Delta Watersheds Boating
Program ("DBP") as phase II of the KDC program. Subsequent to execution of
the Grant Agreement, Sacramento County withdrew from the proposed
partnership. Contra Costa County has received approval from the SWRCB to
proceed without the participation of Sacramento County. This Memorandum of
Understanding ("MOU") formalizes the DBP partnership contemplated in the
Grant Agreement and sets forth each party's obligation to provide in-kind
services as the local match to the grant described above.
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NOW, THEREFORE, the parties agree as follows:
1. Scope of Work. The parties shall:
A. Form the Delta Watershed Boating Program Working Group as specified in
the Grant Agreement, which is attached to this MOU as Exhibit 1 and
incorporated into this MOU by reference. The DBP is a partnership among
the parties to this MOU but is not a separate agency or entity pursuant to
Government Code section 6503.7.
B. Collaborate to implement Phase II of the KDC program, in order to improve
clean boater education and public access to marina-based environmental
.services with the goal of reducing and preventing potential pollution that
may be associated with recreational boating and marina operations while
improving the quality of beneficial uses in the Delta. Implementing Phase II
of the KDC program will assist the parties in meeting the provisions of their
Central Valley Regional Water Quality Control Board, National Pollutant
Discharge Elimination System Permits and the State Assembly Bill 939
Solid Waste Diversion mandates.
C. Monitor Program Staff. "Program Staff' means those independent
contractors and an employee of SAN JOAQUIN who will perform the day-to-
day operation of the DBP, including planning, implementation, sub-
contractor procurement, equipment/supply acquisition, set up of
environmental services, launch of the outreach campaign, and all other
related duties as set forth in each individual contractor contract and the
Grant Agreement.
D. Support Program Staff with the site-identification (designated marinas or
water-front locations), installation, and promotion of the marina-based,
pollution prevention infrastructure that is specified in section B.2 of Exhibit A
of the Grant Agreement. This infrastructure includes but is not limited to a
minimum of 50 pet waste stations, 50 recycling bins, 13 fishing line recycling
centers, 10 cigarette butt bins, and 10 informational kiosks: All parties will
work with Program Staff to establish a "Pollution Prevention Infrastructure
Plan" (Plan). The Plan will outline the specific locations (marinas or
waterfront locations) where the infrastructure will be located. The goal of
the Plan will be to ensure that the total number of infrastructure items is
installed and operational at a Delta marina or waterfront location prior to the
end of the 2007 boating season (September 30, 2007).
(1) The purchase of the marina-based pollution prevention infrastructure
will be funded by Proposition 40 funds, provided the infrastructure is
purchased during the Grant Term. The Grant Term is,December 1,
2006 through September 1, 2008. Under the Grant Agreement,
CONTRA COSTA has agreed to purchase the infrastructure
specified in Section 1.D., above, and request reimbursement from
the SWRCB in accordance with Exhibit B of the Grant Agreement.
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(2) The installed pollution prevention infrastructure above shall be
maintained by the jurisdiction where it is located based on the
agreed number of years indicated for each separate jurisdiction in
this MOU or the life of the equipment, whichever is longer.
(3) After September 1, 2008, and in accordance with Section 25 of
Exhibit C of the Grant Agreement, the jurisdiction where the
infrastructure is located may relinquish to the legal entity owning
the property where the infrastructure is located all rights and
obligations to the infrastructure purchased with Proposition 40
funds. This provision does not apply to the Oil Recycling Centers '
and Oil Absorbent Exchange Centers, as specified in Sections
2.A.(3) and 2.A.(4) of this MOU.
E. Attend DBP planning meetings as scheduled and as appropriate for the
Grant Term.
F. Provide in-kind services during the Grant Term as specified in Section 2 of
this MOU.
G. Assist with the distribution of outreach and education materials such as
clean boating publications, recreational boater kits and other materials
developed through the campaign and the Department of Boating and
Waterways for the Grant Term or based on availability of materials.
H. Assist in the administration of a recreational boater survey as a part of the
distribution of recreational boater kits during the Grant Term.
I. Support Program Staff in their efforts to implement the KDC within each
jurisdiction during the Grant Term.
2. Responsibilities of CONTRA COSTA, SAN JOAQUIN, SOLANO, STOCKTON, and
YOLO:
A. SAN JOAQUIN shall:
(1) Provide $136,871 in in-kind (San Joaquin County staff time
contributions) support for time spent attending DBP meetings and
other KDC events, distributing outreach materials, promoting
pollution prevention infrastructure, and other KDC related tasks and
activities. This amount will also include the costs SAN JOAQUIN will
incur related to the on-going outreach, maintenance and servicing of
other Oil Centers and Exchange Centers previously established
outside of the KDC program.
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(2) SAN JOAQUIN may request that CONTRA COSTA submit an
invoice to the SWRCB for up to an additional $60,696 for services
provided by SAN JOAQUIN employees. Following a request,
CONTRA COSTA will submit an invoice to the SWRCB pursuant to
Exhibit B of the Grant Agreement for the amount requested. If
reimbursement is made by the SWRCB, CONTRA COSTA will pass-
through the reimbursement to SAN JOAQUIN.
(3) Install, maintain, contract for materials collection service, and make
publicly accessible a total of seven (7) Oil Absorbent Exchange
Centers (Exchange Centers) that will be located within San Joaquin
County (4 Exchange Centers) and the City of Stockton (3 Exchange
Centers). Operate, maintain and repair these Exchange Centers
for a period of ten (10) years or for the life of the equipment,
whichever is longer. Operation, maintenance and repair includes
but is not limited to the day-to-day oversight and work that is
required to maintain functionality of the equipment as originally
intended by its design, and as defined by-the State Water Board's
Prop 40 Grant, Agreement No. 06-175-555-0, and by this MOU.
The Exchange Centers will serve as free collection and distribution
points for oil absorbents to the general public.
a. All costs associated with procurement, purchase, and
placement of supplies/equipment related to the Exchange
Centers will be eligible for reimbursement by the Grant, as
long as expenses are incurred during the Grant Term
(December 1, 2006 through September 1, 2008), and as long
as the costs are approved by CONTRA COSTA prior to
expenditure. Reimbursement will be made only for items of
expense included in Section C, "Line Item Budget," of Exhibit
B to the Grant Agreement. Such Oil Center expenses
include, but are not limited to, absorbent pillow distribution
unit, intermediate used absorbent collection cans, oil
absorbent drum covers, metal collection drums, pad locks,
chain, signage and associated shipping, handling, and tax
charges. All purchases for Exchange Center equipment
during the Grant Term will be made by SAN JOAQUIN.
Quarterly, SAN JOAQUIN will request that CONTRA COSTA
submit an invoice to the SWRCB for reimbursement for any
costs incurred pursuant to this paragraph. Following a
request, CONTRA COSTA will submit an invoice pursuant to
Exhibit B of the Grant Agreement to the SWRCB for the
amount requested. If reimbursement is made by the SWRCB,
CONTRA COSTA will pass-through the reimbursement to
SAN JOAQUIN.
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b. Program Staff will manage, with support from SAN JOAQUIN
as outlined in Section 2.A.(3)f of this MOU, all aspects of the
acquisition, installation, set up and promotion of the Exchange
Centers as long as this work is completed within the Grant
Term.
C. During the Grant Term, oil absorbents will be purchased by
CONTRA COSTA for restocking of Exchange Centers.
CONTRA COSTA will invoice the SWRCB for reimbursement
pursuant to Exhibit B of the Grant Agreement. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
purchase oil absorbents for restocking of the Exchange
Centers located within San Joaquin County. SAN JOAQUIN
shall make the absorbents available to the public at no charge
for a period of 10 years or for the life of the equipment,
whichever is longer.
d. As SAN JOAQUIN manages Stockton's Used Motor Oil Block
Grant funding, pursuant to Stockton City Council Resolution
No. 02-0295, SAN JOAQUIN will take responsibility of the
Exchange Centers located in Stockton as outlined in Section
2.A.(3) of this MOU.
e. During the Grant Term, the cost of collection services for the
used oil absorbents and associated collection services is
eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with
continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life
of the equipment, which ever is longer. Operation,
maintenance and repair includes but is not limited to the
day-to-day oversight and work that is required to maintain
functionality of the equipment as originally intended by its
design, and as defined by the State Water Board's Prop 40
Grant, Agreement No. 06-175-555-0, and by the MOU.
f. SAN JOAQUIN staff will provide support and assistance to
Program Staff for the implementation of the Exchange
Centers as follows:
L Designate marinas within San Joaquin County for
placement of the seven (7) Exchange Centers.
Program Staff will provide support in this task as
requested by SAN JOAQUIN.
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H. Promotion of the Exchange Centers to maximize
usage by marina visitors and the general public.
iii. Foster on-going relationships with the marina operators
at designated Exchange Center locations to ensure the
viability and success of the placed infrastructure.
iv. At the discretion of SAN JOAQUIN, enter into informal
or formal agreements with marinas to outline
partnership for the on-going operation and promotion
of the Exchange Center located at their marina site.
(4) Install, maintain, contract for materials collection service, and make
free, and publicly accessible, three (3) Oil Recycling Centers (Oil
Centers) within San Joaquin County. The Oil Centers will include the
collection of used oil absorbents, used oil and oil filters, and spent
marine batteries. The Oil Centers will also serve as a point of
distribution of free oil absorbents to the general public.
a. All costs associated with procurement, purchase, placement,
installation and permitting of supplies/equipment related to the
Oil Centers will be eligible for reimbursement by the Grant, as
long as expenses are incurred during the Grant Term being
December 1, 2006 through September 1, 2008. . Such Oil
Center expenses include, but are not limited to, oil sheds,
used oil tanks, battery pads, shelving, safety and security
equipment, concrete pad construction, metal collection drums,
signage, and other associated shipping, handling and tax
charges. All purchases for Oil Center equipment during the
Grant Term will be made by SAN JOAQUIN. Quarterly, SAN
JOAQUIN will request that CONTRA .COSTA submit an
invoice to the SWRCB for reimbursement for any costs
incurred pursuant to this paragraph. Following a request,
CONTRA COSTA will submit an invoice pursuant to Exhibit B
of the Grant Agreement to the SWRCB for the amount
requested. If reimbursement is made by the SWRCB,
CONTRA COSTA will pass-through the reimbursement to
SAN JOAQUIN.
b. Program Staff will manage, with support from SAN JOAQUIN
as outlined in Section 2.A.(4)e of this MOU, all aspects of the
acquisition, installation, set up and promotion of the Oil
Centers, as long as this work is completed within the Grant
Term.
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C. During the Grant Term, oil absorbents will be purchased by
CONTRA COSTA for restocking of Oil Centers. CONTRA
COSTA will invoice the SWRCB for reimbursement pursuant
to Exhibit B of the Grant Agreement. Following the expiration
of the Grant Term, SAN JOAQUIN agrees to purchase oil
absorbents for restocking of the Oil Centers located within
San Joaquin County. SAN JOAQUIN shall make the
absorbents available to the public at no charge for a period of
10 years or for the life of the equipment, whichever is longer.
d. During the Grant Term, the cost of collection services for the
used oil absorbents and associated collection services is
eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with
continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life
of the equipment, whichever is longer. Operation,
maintenance and repair includes but is not limited to the
day-to-day oversight and work that is required to maintain
functionality of the equipment as originally intended by .its
design, and as defined by the State Water Board's Prop 40
Grant Agreement and by the MOU.
e. SAN JOAQUIN staff will provide support and assistance to
Program Staff for the implementation of the Oil Centers as
outlined below:
i. Designate marinas within San Joaquin County for
placement of the Three (3) Oil Centers.
ii. Promotion of the Oil Centers to maximize usage by
marina visitors and the general public.
iii. Foster on-going relationships with the marina operators
at designated Oil Centers to ensure the viability and
success of the placed infrastructure.
iv. At the discretion of SAN JOAQUIN, enter into informal
or formal agreements with marinas to outline
partnership for the on-going operation and promotion
of the Oil Center located at their marina site.
B. SOLANO shall provide $4,850 in in-kind (Solano County staff time
contributions) support for time spent attending DBP meetings and other
KDC events, distribution of outreach - materials, promotion of pollution
prevention infrastructure, and other KDC related tasks and activities.
C. STOCKTON shall provide $19,010 in in-kind (City of Stockton staff time
contributions) support for time spent attending DBP meetings and other
KDC events, distribution of outreach materials, promotion of pollution
prevention infrastructure, and other KDC related tasks and activities.
D. YOLO shall provide $3,000 in in-kind (Yolo County staff time contributions)
support for time spent attending DBP meetings and other KDC events,
distribution of outreach materials, promotion of pollution prevention
infrastructure, and other KDC related tasks and activities.
E. CONTRA COSTA shall:
(1) Act as the program manager in charge of Phase II of the KDC.
(2) At its discretion, enter into agreements with contractor(s) selected
pursuant to Exhibit C, Section 26 of the Grant Agreement.
Administer the Grant Agreement with the State Water Resources
Control board as DBP program manager.
(3) Facilitate DBP meetings including preparation and distribution of
meeting agendas and minutes.
(4) Distribute copies of the relevant documents, reports and other
program information _ as appropriate and upon request. Such
documents may include quarterly reports to the funding agency
(State Water Resources Control Board), fully executed contractor
contracts, and planning documents.
(5) Submit invoices to the SWRCB pursuant to Exhibit B of the Grant
Agreement.
(6) Provide $137,460 in in-kind (Contra Costa County staff time
contributions and costs incurred for servicing/maintaining previously
installed Oil Centers and Exchange Centers) support for time spent
attending DBP meetings and other KDC events, distribution of
outreach materials, promotion of pollution prevention infrastructure,
and other KDC related tasks and activities. This amount also
includes the costs CONTRA COSTA.will incur related to outreach,
maintanence and servicing of the Oil Centers and Exchange Centers
placed at Contra Costa County marinas in Phase I of the KDC.
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(7) Continue maintaining existing pollution prevention infrastructure,
previously placed under the provisions of the Phase I Keep the Delta
Clean grant agreement with the SWRCB, for a period of 18 years or
for the life of the equipment, whichever is longer. This infrastructure
includes five (5) Exchange Centers and three (3) Oil Centers.
Maintaining the above named infrastructure includes assuming
financial responsibility for maintanence, repairs, restocking of
absorbent materials, and to pay for the costs of collection for use oil
and filters, used oil absorbents and marine batteries.
3. Accountability.
A. Each party to this MOU shall provide strict accountability of all funds it
receives and disburses under this MOU.
B. Each party shall track in-kind time and provide quarterly reports on the
number of hours provided in-kind so that Program Staff can report the in-
kind match required under the Grant Agreement to the SWRCB Grant
Manager. Program staff will set forth an in-kind tracking system for the
convenience of each party.
C. Each party shall be responsible for any costs it incurs in the performance of
this MOU that exceed the amounts specified in Section 2 of this MOU or
that are not eligible for reimbursement under the Grant Agreement. No
party to this MOU will be liable to any other parry if the SWRCB fails to
reimburse a parry for expenditures that are eligible for reimbursement under
the Grant.
h
4. Indemnity.
A. Each party to this MOU agrees to indemnify and hold harmless the other
parties for its share of liability, as determined by a court of law, for any
damage, injury or death of or to any person or the property of any person,
including attorneys fees, arising out of the willful misconduct or the
negligent acts, errors or omissions of the indemnitor, its officers, agents
or employees in the performance of this MOU.
B. Nothing in this MOU is intended or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
5. Project Reports. The Grant Agreement requires a Draft Project Report and a Final
Project Report. CONTRA COSTA, SAN JOAQUIN, SOLANO, STOCKTON and
YOLO shall conduct a final review of the Draft Project Report and Final Project
Report before the reports are submitted to the SWRCB. After SAN JOAQUIN,
SOLANO, STOCKTON and YOLO have determined that the work performed by
Program Staff has been completed to their satisfaction, CONTRA COSTA shall
determine its satisfaction with the work performed by Program Staff and accept the
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Final Program Report as complete on behalf of itself and SAN JOAQUIN,
SOLANO, STOCKTON and YOLO. SAN JOAQUIN, SOLANO, STOCKTON and
YOLO shall not unreasonably withhold or delay a determination on the adequacy of
the Final Program Report.
6. Maintenance. SAN JOAQUIN shall be responsible for maintaining the Oil Centers
and Exchange Centers established within San Joaquin County past the expiration
of the Grant Term (following September 1, 2008).
7. Agreement Modification. This MOU shall be subject to modification only with the
written consent of the legislative bodies of all parties, or their duly designated
representatives. No party shall unreasonably withhold its consent to
modification for the implementation and accomplishment of the overall purpose
for which this MOU is made.
8. Agreement Termination. Any party to this MOU may withdraw from this MOU
upon 60 days written notice to the other parties. Any withdrawing party shall be
obligated for all expenses incurred prior to the effective date of the withdrawal.
The withdrawal of any party from this MOU shall in no way affect the rights and
obligations of the remaining parties. If a party withdraws from this MOU, that
party shall not be entitled to the return of any funds contributed, if any, nor to the
return in cash or in kind of any materials or supplies contributed. This MOU may
be terminated by written consent of all parties. Sections 2,A(3), 2.A(4), and 4
shall survive termination of this MOU.
9. Agreement Expiration. This MOU will remain intact following the Grant Term and
to an expiration date of May 1, 2027.
10. Counterparts. This MOU and any amendment may be executed in any number
of counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
11. No Third Party Beneficiaries. Nothing in this MOU is intended, nor shall it be
construed, to create rights inuring to the benefit of third parties.
12. Entire Agreement. This MOU contains the entire understanding of the parties
relating to the subject matter of this MOU. Any representation or promise of the
parties relating to the project shall not be enforceable unless it is contained in this
MOU or in a subsequent written amendment of this MOU executed by the
governing bodies of all parties, or their duly designated representatives.
13. Supersede. This first amended MOU supersedes the December 1, 2006 MOU
entered into by and among the parties to this MOU.
10
CONTRA COSTA COUNTY
By
Chair, Board of Supervisors
Recommend for Approval:
(aK Julia R. Bueren,
Public Works Director
By a -
Form Approved:
Silvano B. Marchesi,
County Counsel
B
Deputy
' 11
b� ,j•1 f; t__
_..
,.
` Y.
,.
1 .
I
SAN JOAQUIN COUNTY
By
Thomas R. Flinn
Director of Public Works
Form Approved:
David E. Wooten
County Counsel
By
Lawrence P. Meyers
Deputy County Counsel
12
SOLANO COUNTY
By.
Birgitta Corsello
Director of Resource Management
13'
YOLO. COUNTY
By
Julia McIver
Interim Director, Parks and Resources Department
Form Approved:
County Counsel
By
14
CITY OF STOCKTON
By
Mayor
Recommend for Approval:
By
Form Approved:
City Attorney
By
15
EXHIBIT 1
State Water Resources Control Board Grant Agreement with Contra Costa County
16
FIRST AMENDED MEMORANDUM OF UNDER:
AMONG CONTRA COSTA COUNTY, SAN JOAQUIN COUNTY, SOLANO COUNTY,
YOLO COUNTY, AND THE CITY OF STOCKTON, TO IMPLEMENT PHASE II OF
THE "KEEP THE DELTA CLEAN" PROGRAM IN THE SACRAMENTO-SAN
JOAQUIN DELTA REGION.
Effective September 16, 2008, this first amended MEMORANDUM OF UNDERSTANDING
is entered into among the COUNTIES OF CONTRA COSTA, SAN JOAQUIN, SOLANO,
and YOLO, political subdivisions of the State of California, herein referred to as "CONTRA
COSTA", "SAN JOAQUIN", "SOLANO", and "YOLO", respectively; and the CITY OF
STOCKTON, a municipal corporation, hereinafter referred to as "STOCKTON"; pursuant to
Government Code sections 6500 and following:
RECITALS
A. Contra Costa County and the State Water Resources Control Board previously'
entered into a grant agreement that established the Keep the .Delta Clean
("KDC") program. The purpose of the KDC program was to install used oil
recycling facilities and other waste management infrastructure at several
marinas in Contra Costa County and conduct public outreach regarding pollution
reduction practices and water quality assessment.
B. Contra Costa County and the State Water Resources Control Board ("SWRCB")
recently entered into Grant Agreement No. 06-175-555-0 (the "Grant
Agreement"). Under the Grant Agreement, the SWRCB provided a grant to
Contra Costa County in the amount of $1,650,061.00 to expand the KDC
program to other counties in the Delta. The purpose of the expansion, phase II
of the KDC program, is to reduce the cumulative impacts of nonpoint source
pollution, improve public access to marina-based environmental services, and
measure their effectiveness in preventing pollution. The grant is funded by
funds from Proposition 40, the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002.
C. Under the Grant Agreement, Contra Costa County agreed to form a partnership
with the counties of Sacramento, San Joaquin, Solano and Yolo, and the City of
Stockton, to establish a Sacramento-San Joaquin De)ta Watersheds Boating
Program ("DBP") as phase 11 of the KDC program. Subsequent to execution of
the Grant Agreement, Sacramento County withdrew from the proposed
partnership. Contra Costa County has received approval from the SWRCB to
proceed without the participation of Sacramento County. This Memorandum of
Understanding ("MOU") formalizes the DBP partnership contemplated in the
Grant Agreement and sets forth each party's obligation to provide in-kind
services as the local match to the grant described above.
1
NOW, THEREFORE, the parties agree as follows:
1. Scope of Work. The parties shall:
A. Form the Delta Watershed Boating Program Working Group as specified in
the Grant Agreement, which is attached to this MOU as Exhibit 1 and
incorporated into this MOU by reference. The DBP is a partnership among
the parties to this MOU but is not a separate agency or entity pursuant to
Government Code section 6503.7.
B. Collaborate to implement Phase II of the KDC program, in order to improve
clean boater education and public access to marina-based environmental
services with the goal of reducing and preventing potential pollution that
may be associated, with recreational boating and marina operations while
improving the quality of beneficial uses in the Delta. Implementing Phase II
of the KDC program will assist the parties in meeting the provisions of their
Central Valley Regional 'Water Quality Control Board, National Pollutant
Discharge Elimination System Permits and the State Assembly Bill 939
Solid Waste Diversion mandates.
C. Monitor Program Staff. "Program Staff' means those independent
contractors and an employee of SAN JOAQUIN who will perform the day-to-
day operation of the DBP, including planning, implementation, sub-
contractor procurement, equipment/supply acquisition, set up of
environmental services, launch of the outreach campaign, and all other
related duties as set forth in each individual contractor contract and the
Grant Agreement.
D. Support Program Staff with the site-identification (designated marinas or
water-front locations), installation, and promotion of the marina-based,
pollution prevention infrastructure that is specified in section B.2 of Exhibit A
of the Grant Agreement. This infrastructure includes but is not limited to a
minimum of 50 pet waste stations, 50 recycling bins, 13 fishing line recycling
centers, 10 cigarette butt bins, and 10 informational kiosks. All parties will
work with Program Staff to establish a "Pollution Prevention Infrastructure
Plan" (Plan). The Plan will outline the specific locations (marinas or
waterfront locations) where the infrastructure will be located. The goal of
the Plan will be to ensure that the total number of infrastructure items is
installed and operational at a Delta marina or waterfront location prior to the
end of the 2007 boating season (September 30, 2007).
(1) The purchase of the marina-based pollution prevention infrastructure
will be funded by Proposition 40 funds, provided the infrastructure is
purchased during the Grant Term. The Grant Term is December 1,
2006 through September 1, 2008. Under the Grant Agreement,
CONTRA COSTA has agreed to purchase the infrastructure
specified in Section 1,D., above, and request reimbursement from
the SWRCB in accordance with Exhibit B of the Grant Agreement.
2
(2) The installed pollution prevention infrastructure above shall be
maintained by the jurisdiction where it is located based on the
agreed number of years indicated for each separate jurisdiction in
this MOU or the life of the equipment, whichever is longer.
(3) After September 1, 2008, and in accordance with Section 25 of
Exhibit C of the Grant Agreement, the jurisdiction where the
infrastructure is located may relinquish to the legal entity owning
the property where. the infrastructure is located all rights and
obligations to the infrastructure purchased with Proposition 40
funds. This provision does not apply to the Oil Recycling Centers
and Oil Absorbent Exchange Centers, as specified in Sections
2.A.(3) and 2.A.(4) of this MOU.
E. Attend DBP planning meetings as scheduled and as appropriate for the
Grant Term.
F. Provide in-kind services during the Grant Term as specified in Section 2 of
this MOU.
G. Assist with the distribution of outreach and education materials such as
clean boating publications, recreational boater kits and other materials
developed through the campaign and the Department of Boating and
Waterways for the Grant Term or based on availability of materials.
H, Assist in the administration of a recreational boater survey as a part of the
distribution of recreational boater kits during the Grant Term.
I. Support Program Staff in their efforts to implement the KDC within each
jurisdiction during the Grant Term.
2. Responsibilities of CONTRA COSTA, SAN JOAQUIN, SOLANO, STOCKTON, and
YOLO:
A, SAN JOAQUIN shall:
(1) Provide $136,871 in in-kind (San Joaquin County staff time
contributions) support for time spent attending DBP meetings and
other KDC events, distributing outreach materials, promoting
pollution prevention infrastructure, and other KDC related tasks and
activities. This amount will also include the costs SAN JOAQUIN will
incur related to the on-going outreach, maintenance and servicing of
other Oil Centers and Exchange Centers previously established
outside of the KDC program.
3
(2) SAN JOAQUIN may request that CONTRA COSTA submit an
invoice to the SWRCB for up to an additional $60,696 for services
provided by SAN JOAQUIN employees. Following a request,
CONTRA COSTA will submit an invoice to the SWRCB pursuant to
Exhibit B of the Grant Agreement for the amount requested. If
reimbursement is made by the SWRCB, CONTRA COSTA will pass-
through the reimbursement to SAN JOAQUIN.
(3) Install, maintain, contract for materials collection service, and make
publicly accessible a total of seven (7) Oil Absorbent Exchange
Centers (Exchange Centers) that will be located within San Joaquin
County (4 Exchange Centers) and the City of Stockton (3 Exchange
Centers). Operate, maintain and repair these Exchange Centers
for a period of ten (10) years or for the life of the equipment,
whichever is longer. Operation, maintenance and repair includes
but is not limited to the day-to-day oversight and work that is
required to maintain functionality of the equipment as originally
intended by its design, and as defined by-the State Water Board's
Prop 40 Grant, Agreement No. 06-175-555-0, and by this MOU.
The Exchange Centers will serve as free collection and distribution
points for oil absorbents to the general public.
a. All costs associated with procurement, purchase, and
placement of supplies/equipment related to the Exchange
Centers will be eligible for reimbursement by the Grant, as
long as expenses are incurred during the Grant Term
(December 1, 2006 through September 1, 2008), and as long
as the costs are approved by CONTRA COSTA prior to
expenditure. Reimbursement will be made only for items of
expense included in Section C, "Line Item Budget," of Exhibit
B to the Grant Agreement. Such Oil Center expenses
include, but are not limited to, absorbent pillow distribution
unit, intermediate used absorbent collection cans, oil
absorbent drum covers, metal collection drums, pad locks,
chain, signage and associated shipping, handling, and tax
charges. All purchases for Exchange Center equipment
during the Grant Term will be made by SAN JOAQUIN.
Quarterly, SAN JOAQUIN will request that CONTRA COSTA
submit an invoice to the SWRCB for reimbursement for any
costs incurred pursuant to this paragraph. Following a
request, CONTRA COSTA will submit an invoice pursuant to
Exhibit B of the Grant Agreement to the SWRCB for the
amount requested. If reimbursement is made by the SWRCB,
CONTRA COSTA will pass-through the reimbursement to
SAN JOAQUIN.
4
b. Program Staff will manage, with support from SAN JOAQUIN
as outlined in Section 2.A.(3)f of this MOU, all aspects of the
acquisition, installation, set up and promotion of the Exchange
Centers as long as this work is completed within the Grant
Term.
C. During the Grant Term, oil absorbents will be purchased by
CONTRA COSTA for restocking of Exchange Centers.
CONTRA COSTA will invoice the SWRCB for reimbursement
pursuant to Exhibit B of the Grant Agreement. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
purchase oil absorbents for restocking of the Exchange
Centers located within San Joaquin County. SAN JOAQUIN
shall make the absorbents available to the public at no charge
for a period of 10 years or for the life of the equipment,
whichever is longer.
d. As SAN JOAQUIN manages Stockton's Used Motor Oil Block
Grant funding, pursuant to Stockton City Council Resolution
No. 02-0295, SAN JOAQUIN will take responsibility of the
Exchange Centers located in Stockton as outlined in Section
2.A.(3) of this MOU.
e. During the Grant Term, the cost of collection services for the
used oil absorbents and associated collection services is
eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with
continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life
of the equipment, which ever is longer. Operation,
maintenance and repair includes but is not limited to the
day-to-day oversight and work that is required to maintain
functionality of the equipment as originally intended by its
design, and as defined by the State Water Board's Prop 40
Grant, Agreement No. 06-175-555-0, and by the MOU.
f. SAN JOAQUIN staff will provide support and assistance to
Program Staff for the implementation of the Exchange
Centers as follows:
i. Designate marinas within San Joaquin County for
placement of the seven (7) Exchange Centers.
Program Staff will provide support in this task as
requested by SAN JOAQUIN.
5
ii. Promotion of the Exchange Centers to maximize
usage by marina visitors and the general public.
iii. Foster on-going relationships with the marina operators
at designated Exchange Center locations to ensure the
viability and success of the placed infrastructure.
iv. At the discretion of SAN JOAQUIN, enter into informal
or formal agreements with marinas to outline
partnership for the on-going operation and promotion
of the Exchange Center located at their marina site.
(4) Install, maintain, contract for materials collection service, and make
free, and publicly accessible, three (3) Oil Recycling Centers (Oil
Centers) within San Joaquin County. The Oil Centers will include the
collection of used oil absorbents, used oil and oil filters, and spent .
marine batteries. The Oil Centers will also serve as a point of
distribution of free oil absorbents to the general public.
a. All costs associated with procurement, purchase, placement,
installation and permitting of supplies/equipment related to the
Oil Centers will be eligible for reimbursement by the Grant, as
long as expenses are incurred during the Grant Term being
December 1, 2006 through September 1, 2008. Such Oil
Center expenses include, but are not limited to, oil sheds,
used oil tanks, battery pads, shelving, safety and security
equipment, concrete pad construction, metal collection drums,
signage, and other associated shipping, handling and tax
charges. All purchases for Oil Center equipment during the
Grant Term will be made by SAN JOAQUIN. Quarterly, SAN
JOAQUIN will request that CONTRA COSTA submit an
invoice to the SWRCB for reimbursement for any costs
incurred pursuant to this paragraph. Following a request,
CONTRA COSTA will submit an invoice pursuant to Exhibit B
of the Grant Agreement to the SWRCB for the amount
requested. If reimbursement is made by the SWRCB,
CONTRA COSTA will pass-through the reimbursement to
SAN JOAQUIN.
b. Program Staff will manage, with support from SAN JOAQUIN
as outlined in Section 2.A.(4)e of this MOU, all aspects of the
acquisition, installation, set up and promotion of the Oil
Centers, as long as this work is completed within the Grant
Term.
6
C. During the Grant Term, oil absorbents will be purchased by
CONTRA COSTA for restocking of Oil Centers. CONTRA
COSTA will invoice the SWRCB for reimbursement pursuant
to Exhibit B of the Grant Agreement. Following the expiration
of the Grant Term, SAN JOAQUIN agrees to purchase oil
absorbents for restocking of the Oil Centers located within
San Joaquin County. SAN JOAQUIN shall make the
absorbents available to the public at no charge for a period of
10 years or for the life of the equipment, whichever is longer.
d. During the Grant Term, the cost of collection services for the
used oil absorbents and associated collection services is
eligible for reimbursement from Grant funds. Following the
expiration of the Grant Term, SAN JOAQUIN agrees to
provide free public access to the Exchange Centers and
agrees to be responsible for expenses associated with
continuing materials collection and equipment operation,
maintenance and repair for a period of 10 years or for the life
of the equipment, whichever is longer. Operation,
maintenance and repair includes but is not limited to the
day-to-day oversight and work that is required to maintain
functionality of the equipment as originally intended by its
design, and as defined by the State Water Board's Prop 40
Grant Agreement and by the MOU.
e. SAN JOAQUIN staff will provide support and assistance to
Program Staff for the implementation of the Oil Centers as
outlined below:
i. Designate marinas within San Joaquin County for
placement of the Three (3) Oil Centers.
ii. Promotion of the Oil Centers to maximize' usage by
marina visitors and the general public.
iii. Foster on-going relationships with the marina operators
at designated Oil Centers to ensure the viability and
success of the placed infrastructure.
iv. At the discretion of SAN JOAQUIN, enter into informal
or formal agreements with marinas to outline
partnership for the on-going operation and promotion
of the Oil Center located at their marina site.
B. SOLANO shall provide $4,850 in in-kind (Solano County staff time
contributions) support for time spent attending DBP meetings and other
KDC events, distribution of outreach materials, promotion of pollution
prevention infrastructure, and other KDC related tasks and activities.
7
C. STOCKTON shall provide $19,010 in in-kind (City of Stockton staff time
contributions) support for time spent attending DBP meetings and other
KDC events, distribution of outreach materials, promotion of pollution
prevention infrastructure, and other KDC related tasks and activities.
D. YOLO shall provide $3,000 in in-kind (Yolo County staff time contributions)
support for time spent attending DBP meetings and other KDC events,
distribution of outreach materials, promotion of pollution prevention
infrastructure, and other KDC related tasks and activities.
E. CONTRA COSTA shall:
(1) Act as the program manager in charge of Phase It of the KDC.
(2) At its discretion, enter into agreements with contractor(s) selected
pursuant to Exhibit C, Section 26 of the Grant Agreement.
Administer the Grant Agreement with the State Water Resources
Control board as DBP program manager.
(3) Facilitate DBP meetings including preparation and distribution of
meeting agendas and minutes.
(4) Distribute copies of the relevant documents, reports and other
program information as appropriate and upon request. Such
documents may include quarterly reports to the funding agency
(State Water Resources Control Board), fully executed contractor
contracts, and planning documents.
(5) Submit invoices to the SWRCB pursuant to Exhibit B of the Grant
Agreement.
(6) Provide $137,460 in in-kind (Contra Costa County staff time
contributions and costs incurred for servicing/maintaining previously
installed Oil Centers and Exchange Centers) support for time spent
attending DBP meetings and other KDC events, distribution of
outreach materials, promotion of pollution prevention infrastructure,
and other KDC related tasks and activities. This amount also
includes the costs CONTRA COSTA will incur related to outreach,
maintanence and servicing of the Oil Centers and Exchange Centers
placed at Contra Costa County marinas in Phase I of the KDC.
8
(7) Continue maintaining existing pollution prevention infrastructure,
previously placed under the provisions of the Phase I Keep the Delta
Clean grant agreement with the SWRCB, for a period of 18 years or
for the life of the equipment, whichever is longer. This infrastructure
includes five (5) Exchange Centers and three (3) Oil Centers.
Maintaining the, above named infrastructure includes assuming
financial responsibility for maintanence, repairs, restocking of
absorbent materials, and to pay for the costs of collection for use oil
and filters, used oil absorbents and marine batteries.
3. Accountability.
A. Each parry to this MOU shall provide strict accountability of all funds it
receives and disburses under this MOU.
B. Each party shall track in-kind time and provide quarterly reports on the
number of hours provided in-kind so that Program Staff can report the in-
kind match required under the Grant Agreement to the SWRCB Grant
Manager. Program staff will set forth an in-kind tracking system for the
convenience of each party.
C. Each party shall be responsible for any costs it incurs in the performance of
this MOU that exceed the amounts specified in Section 2 of this MOU or
that are not eligible for reimbursement under the Grant Agreement. No
party to this MOU will be liable to any other party if the SWRCB fails to
reimburse a party for expenditures that are eligible for reimbursement under
the Grant. _
4. Indemnity.
A. Each party to this MOU agrees to indemnify and hold harmless the other
parties for its share of liability, as determined by a court of law, for any
damage, injury or death of or to any person or the property of any person,
including attorneys fees, arising out of the willful misconduct or the
negligent acts, errors or omissions of the indemnitor, its officers, agents
or employees in the performance of this MOU.
B. Nothing in this MOU is intended or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
5. Proiect Reports. The Grant Agreement requires a Draft Project Report and a Final
Project Report. CONTRA COSTA, SAN JOAQUIN, SOLANO, STOCKTON and
YOLO shall conduct a final review of the Draft Project Report and Final Project
Report before the reports are submitted to the SWRCB. After SAN JOAQUIN,
SOLANO, STOCKTON and YOLO have determined that the work performed by
Program Staff has been completed to their satisfaction, CONTRA COSTA shall
determine its satisfaction with the work performed by Program Staff and accept the
9
Final Program Report as complete on behalf of itself and SAN JOAQUIN,
SOLANO, STOCKTON and YOLO. SAN JOAQUIN, SOLANO, STOCKTON and
YOLO shall not unreasonably withhold or delay a determination on the adequacy of
the Final Program Report.
6. Maintenance. SAN JOAQUIN shall be responsible for maintaining the Oil Centers
and Exchange Centers established within San Joaquin County past the expiration
of the Grant Term (following September 1, 2008).
7. Agreement Modification. This MOU shall be subject to modification only with the
written consent of the legislative bodies of all parties, or their duly designated
representatives. No party shall unreasonably withhold its consent to
modification for the implementation and accomplishment of the overall purpose
for which this MOU is made. ,
8. Agreement Termination. Any party to this MOU may withdraw from this MOU
upon 60 days written notice to the other parties. Any withdrawing party shall be
obligated for all expenses incurred prior to the effective date of the withdrawal.
The withdrawal of any party from this MOU shall in no way affect the rights and
obligations of the remaining parties. If a party withdraws from this MOU, that
party shall not be entitled to the return of any funds contributed, if any, nor to the
return in cash or in kind of any materials or supplies contributed. This MOU may
be terminated by written consent of all parties. Sections 2.A(3), 2.A(4), and 4
shall survive termination of this MOU.
9. Agreement Expiration: This MOU will remain intact following the Grant Term and
to an expiration date of May 1, 2027.
10. Counterparts. This MOU and any amendment may be executed in any number
of counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
11. No Third Party Beneficiaries. Nothing in this MOU is intended, nor shall it be
construed, to create rights inuring to the benefit of third parties.
12. Entire Agreement. This MOU contains the entire understanding of the parties
relating to the subject matter of this MOU. Any representation or promise of the
parties relating to the project shall not be enforceable unless it is contained in this
MOU or in a subsequent written amendment of this MOU executed by the
governing bodies of all parties, or their duly designated representatives.
13. Supersede. This first amended MOU supersedes the December 1, 2006 MOU
entered into by and among the parties to this MOU.
10
CONTRA COSTA COUNTY
By
Chair, Board of Supervisors
Recommend for Approval:
�dK Julia R. Bueren,
Public Works Director
By -
Form Approved:
Silvano B. Marchesi,
County Counsel
B
Deputy
11
SAN JOAQUIN COUNTY
By
Thomas R. Flinn
Director of Public Works
Form Approved:
David E. Wooten
County Counsel
By
Lawrence P. Meyers
Deputy County Counsel
r
12
SOLANO COUNTY
By
Birgitta Corsello
Director of Resource Management
13
YOLO COUNTY
By
Julia McIver
Interim Director, Parks and Resources Department
Form Approved:
County Counsel
By
14
CITY OF STOCKTON
By
Mayor
Recommend for Approval:
By
Form Approved:
City Attorney
By
a
15
EXHIBIT 1
State Water Resources Control Board Grant Agreement with Contra Costa County
16