HomeMy WebLinkAboutMINUTES - 05052009 - C.27RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract
amendment with Blankinship and Associates, Inc. (Blankinship), effective April 1, 2009, to
extend the term from April 1, 2009, to March 1, 2010, and to increase the payment limit by
$125,000 from $707,000 to a new payment limit of $832,000 for the Aquatic Pesticide
National Pollutant Discharge Elimination System Regional Monitoring Project,
Countywide.
FISCAL IMPACT:
All 5 JEPA partners equally share in the costs. County's share comes from Stormwater
Utility Assessment funds.
BACKGROUND:
On March 12, 2001, the Ninth Circuit court issued an opinion in the so called Talent case
(Headwaters, Inc. v. Talent Irrigation District 99th Cir. 2001 243 F 3d 526) establishing a
requirement for an NPDES permit to apply pesticides to waters of the United States. Prior to
this decision, many agencies including the County and the Contra Costa County Flood
Control and Water Conservation District (District) applied chemical herbicides to control
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 05/05/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Greg Connaughton,
(925) 313-2271
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: May 5, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Celicia Nelson, Deputy
cc:
C.27
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:May 5, 2009
Contra
Costa
County
Subject:Approve Contract Amendment with Blankinship and Associates, Inc.
vegetation in drainage
BACKGROUND: (CONT'D)
channels in accordance with the registration and labeling requirements pursuant to the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) of 1947.
Subsequent to the Talent decision, the State Water Resources Control Board (SWRCB)
approved an emergency General NPDES Permit #CAG990003, to allow the application
of aquatic herbicides by public agencies. The emergency permit required the
development of a draft water quality monitoring, testing and reporting plan (Plan), to be
submitted to the SWRCB for approval by March 1, 2002, and implementation of the Plan
in conjunction with herbicide applications by July 1, 2002. In response, the County
executed a contract with Blankinship & Associates, Inc. in the amount of $44,000,
effective May 20, 2002, to assist with development of a suitable Plan. Amendment #1 to
the Blankinship contract was approved on December 10, 2002, at an increased cost of
$13,000, adding the preparation of an annual report for submittal to the SWRCB.
Concurrently with these developments, the County was in discussion with Alameda
County, Alameda County Flood Control and Water Conservation District—Zone 7, and
the cities of Antioch and Concord regarding the creation of a Joint Exercise Powers of
Agreement (JEPA) to implement a regional monitoring, testing and reporting plan—an
option allowed in Permit #CAG90003. Amendment #2 to the Blankinship agreement was
approved, effective March 4, 2003, to implement a regional Plan—the East Bay Regional
Pesticide Monitoring Program, to extend testing, monitoring and reporting services to the
prospective JEPA partners. In accordance the understanding with the JEPA partners,
Contra Costa County Public Works Department (Contra Costa County), Contra Costa
Flood Control and Water Conservation District, Alameda County Public Works Agency,
Alameda County Flood Control District, Zone 7, City of Antioch and the City of
Concord, amendment #2 increased the payment limit to $120,000. A JEPA was executed
by the five agencies and approved by the County Board of Supervisors on June 3, 2003
and provided for costs to be shared equally by the JEPA partners. Amendment #3 to the
Blankinship agreement was approved, effective February 1, 2004 to extend the term to
January 31, 2005; and Amendment #4, effective March 23, 2004 increased the payment
limit to $216,000.
On May 20, 2004, the SWRCB approved Statewide General NPDES Permit
#CAG990005 formalizing the requirements for the application of aquatic herbicides for a
five year period, and replacing the former emergency permit. Permit #CAG990005 made
a fundamental change in requiring specific testing, monitoring and reporting programs for
each public agency. Amendment #5 was approved, effective November 30, 2004, with an
increase in the payment limit of $49,000 to prepare individual plans for each JEPA
partner. A new JEPA among the five public agencies was approved by the County Board
on December 14, 2004.
The Blankinship agreement was amended at the request of the JEPA partners, effective
February 1, 2005, to extend services for a two year period (Amendment #6, total payment
limit: $487,000); and again, effective April 1, 2007, for another two year extension
(Amendment #7, total payment limit: $707,000).
The JEPA partners met on March 17, 2009 to discuss the upcoming vegetation
management season and the development of a new NPDES permit by the SWRCB (a
new permit is developed every five years). It is clear that the testing and reporting this
season will occur while the new NPDES permit is under development. Therefore, the
JEPA partners have again requested the County extend its contract with Blankinship &
Associates, Inc. through March 1, 2010 to provide consistent services in this interim
period. The NPDES permit requires testing before, during and after herbicide
applications and submittal of a report regarding those applications is due by March 15th
of the following year. The cost of the extended services is expected to be $125,000 which
will be shared equally by all JEPA partners.
The JEPA partners requested the County secure consulting services to support aquatic
herbicide applications under the new NPDES permit. The partners also recognize the
County’s need to conduct a new solicitation and selection process for these consulting
services and have expressed a desire to assist with the selection process to have the next
consulting services contract in place before March 2010.
CONSEQUENCE OF NEGATIVE ACTION:
If the contract amendment is not approved with Blankinship, the County Public Works
Department, the Contra Costa County Flood Control and Water Conservation District,
and the JEPA partners will not be in compliance with the General NPDES Permit for
Discharge of Aquatic Pesticides in Waters of the United States. This could result in
enforcement action and fines of up to $15,000 per day per violation.
ATTACHMENTS
Blankinship CSA Amendment # 8