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HomeMy WebLinkAboutMINUTES - 10072003 - C71-C77 ..........I.............................................................................................................................................I...I...11.11,111,1111, ......... ....... ... .................................................................................................................... TO, BOARD OF SUPERVISORS 4" ti• ;I/ FROM: William Walker, M.D. , Health Services Director By: Ginger Marieiro, Contracts Administrator Contra osta DATE: Septa"r 23, M County SUBJECT: Approval of Contract Amendment Agreement #22-807-5 with Evans/McDonough Company Incorporated SPECIFIC REQUESTfS)OR RECOMMENDATIONtS)&BACKGROUND AND JUSTIFICATION REC0NMEN1M10N(S) : Approve and authorize the Health Services Director or his designee (Lewis Pascalli, Jr. ) to execute on behalf of the County, Contract Amendment Agreement #22-807-5 with Evans/McDonough Company Incorporated, a corporation, effective October 1, 2003, to amend Contract #22-807-4, to increase the Contract Payment Limit by from $65, 000, to a new total payment limit of $105, 000 . FISCAL IMPACT: This Contract is funded by the incident response cost recovery for Hazardous Materials Programs and the Emergency Medical Services Division. BACKGRQ=/REASON(S) EQR RECONHEIMATIM(a) On July 15, 2003 , the Board of Supervisors approved Contract #22-807-4 with Evans/McDonough Company Incorporated, for the period from June 1, 2003 through May 31, 2004, to assist the Department with the development and implementation of post-chemical surveys for the Community Alert Network Program. Approval of Contract Amendment Agreement #22-807-5 will allow the Contractor to provide additional survey services, through May 31, 2004 . CONTINUED LIQN-ATTACHMENT: YES SIGNATURE t-'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD?O�Ln � _' APPROVED AS RECOMMENDED OTHER VOTE QF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENTlh_'_� AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED JOHN SWEETEN,CLERK O&E BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Lewis Pascalli (925)646-2286 CC: Health Services Dept. (Contracts) Auditor-Controller %-ije Risk Management By DEPUTY Contractor .................................................................I.....''I'll'-, .. ...................................................................................................................... ("IV/ TO: BOARD OF SUPERVISORS 0-301 FROM: William Walker, M.D. ,- Health Services Director By: Ginger Marieiro, Contracts Administrator Contra DATE: September 23, 2W3 Costa County SUBJECT: Approval of Contract Amendment Agreement #74-005-7 with Phoenix Programs; Inc . SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMATION(S) Approve and authorize the Health Services Director, or his designee (Donna Wigand) to execute on behalf of the County, Contract Amendment Agreement #74-005-7, with Phoenix Programs, Inc. , a corporation, effective October 1, 2003, to amend Contract #74-005-6, to increase the total Contract Payment Limit by $21, 800, from $174, 013 to a new Contract Payment Limit of $195, 813 . FISCAL IMPACT: This Contract is funded as follows : $174 , 523 Federal Path Grant $ 21 , 290 Corporation for Supportive Housing $195, 813 Total Contract Payment Limit BAQKQRQ=/REAS0 �X(S) Fog gECQ=EN1)AX10N(S) : On June 24, 2003, the Board of Supervisors approved Contract #74-005-6 with Phoenix Programs, Inc . , for the period from May 1, 2003 through April 30, 2004 , for the provision of Mental Health services to seriously and persistently mentally ill adults who are participating in the PATH Supportive Housing Demonstration Project . Approval of Contract Amendment Agreement #74-005-7 will allow the Contractor to provide services to additional clients through April 30, 2004 . CONTINUED-ONATTACHMENT' YES SIGNATURE *�✓"RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ---k�--APPROVE OTHER SIGNATUREfS): ACTION OF 130ARD -L > APPROVE[)AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ------__,ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED-6'� JOHN SWEETEN,CLERK Off THE BOARD OF Contact Person: Donna Wigand, L.C.S.W. 957-5150 SUPERVISORS AND COUNTY ADMINISTRATOR A CC: Health Services Dept. (Contracts) Auditor-Controller Risk Management BY DEPUTY Contractor .....................................................................................................................11.11,111,111,11, ...... ............................................................................................................................... 11............................... • 2.3 TO: BOARD OF SUPERVISORS FROM: William Walker,M.D.,Health Services DirectorContra By: Ginger Maheiro,Contracts Administrator Costa DATE: September 24,2003 County SUBJECT: Approval of Contract Amendment Agreement#74-094-4 with Center for Applied Local Research SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMNEENDATIONN: Approve and authorize the Health Services Director, or his designee (Adanna Henry) to execute on behalf of the County, Contract Amendment Agreement #74-094-4 with Center for Applied Local Research, a non-profit corporation, effective September 1, 2003 to amend Contract #74--094-4 to increase the Contract payment limit by $12,500, from $50,000 to a new total of$62,500 and extend the Contract term through March 31,2004. FISCAL IMWACT: This Contract 100% Federally funded by the Substance Abuse and Mental Health Services Administration(SAMESA),Center for Substance Abuse Treatment{LSAT)Grant. BACKGROUND/REASON(S)-FOR RECOMMENDATIONLS): On September 17,2002 the Board of Supervisors approved Contract #74-094-3 with Center for Applied Local Research,to provide professional evaluation services to the Department with regard to the Substance Abuse and Mental Health Services for Women Project, including design of data collection and client interview instruments, administering data collection and client satisfaction surveys, and providing written evaluation reports, for the period from October 1, 2002 through September 30,2003. Approval of Contract Amendment Agreement #74-094-4 will allow the Contractor to continue providing services through March 31, 2004. CONIINUED ON AII6CHMENL-. . YES IGNATURE; -X 1�1--'RECOMMENDATION Of:COUNTY ADMINISTRATOR RECOMM DATION OF BOARD COMMITTEE _4e_ "APPROVE OTHER SIGNATURE(S): 414- ACTION OF BOARD�"W,;k�l_ ? APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ASSENT/2_1��P ' ) AND CORRECT COPY OF AN ACTION TAKEN AYES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED JO N SWEETEN, NTF THE 0 N SWEETEN,CLERK F THE BOARD OF 'V 4 Contact Person: Adanna Henry 313-6350 SUPERVISORS AND Co NTY ADMINISTRATOR CC: Health Services Dept. (Contracts) Auditor-Controller Risk Management Contractor By DEPUTY _. .. _. .......... ......_....._.........._........._.........................................................._... . ... ............................................ .._.._... ........ ........ ........ ....... ........ ...................................... 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 7, 2003, by the following vote: AYES: sRMIstRS MIA, unMA., MMUOG, GLOM AM De-SMMM NOES: t ABSENT: L ABSTAIN: NM RESOLUTION NO. 2003/'578 SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2003-2010), EFFECTIVE JULY 1, 2003, BETWEEN THE COUNTY OF CONTRA COSTA,ALL NINETEEN OF ITS INCORPORATED CITIES, AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. WHEREAS, under the Federal Water Pollution Control Act, as amended in 1987, stormwater discharges from municipal separate storm sewer systems are covered under the National Pollutant Discharge Elimination System (NPDES)permit requirements and, WHEREAS, in California, the NPDES permits are issued through the California State Water Resources Control Board and its nine Regional Water Quality Control Boards; and, WHEREAS, the San Francisco Bay and Central Valley Regional Water Quality Control Boards required that Contra Costa County, all nineteen of its incorporated cities, and the Contra Costa County Flood Control & Water Conservation District (Flood Control District) apply for and obtain joint municipal NPDES permits; and, WHEREAS, these jurisdictions participated in permit application activities and received original joint municipal NPDES permits from the San Francisco Bay and Central Halley Regional Water Quality Control Boards; and, 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:JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator OCrOBEP 7, 2003 Deputy Resolution No. 20031 578 11.............I..........I.............................................................I....I...11........ . ................ .................................................................................................................................................... ....................................................... SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT(2003- 2010), EFFECTIVE JULY 1, 2003, BETWEEN THE COUNTY OF CONTRA COSTA,ALL NINETEEN OF ITS INCORPORATED CITIES, AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. DATE: OCTOBER 7,2003 PAGE: 2 WHEREAS, the San Francisco Bay Regional Water Quality Control Board approved a reissued second joint municipal NPDES permit (Permit#CAS0029912) on July 21, 1999; and WHEREAS, the Central Valley Regional Water Quality Control Board approved a reissued second joint municipal NPDES permit(Permit#CA0083313)on June 16, 2000; and WHEREAS, cooperative efforts between the Cities, County, and Flood Control District under the joint municipal NPDES permits have minimized the costs of the Program to all parties; and, WHEREAS, on April 1, 1998, Contra Costa County, all nineteen of its incorporated cities, and the Flood Control District entered into a Program Agreement delineating Program activities, structure, membership, costs, and participation; and, WHEREAS, the County, Cities, and Flood Control District now desire to amend the Program Agreement to extend the term to coincide with the term of the reissued second Joint Municipal NPDES permits. NOW, THEREFORE, THE BOARD RESOLVES THAT: The County will continue to participate in the implementation of the reissued joint municipal NPDES permits and agrees to share in Program costs, provide appropriate staff support, and provide detailed information necessary to implement the reissued permits. On behalf of the County,the Board approves and authorizes the Board chair to execute the amended Contra Costa Clean Water Program Agreement (2003/2010), substantially in the form shown in Attachment "A", which is effective July 1, 2003 and replaces the existing Contra Costa Clean Water Program Agreement dated April 1, 1998. The Clerk of the Board of Supervisors shall provide three signed, certified copies of this resolution to the Contra Costa Clean Water Program Manager. G:\GrpData\F1d0tRNP0ESkB0\80 Approve NPDES 10-7-03.doc Resolution No. 20031578 ....................................................................................................... ............................................................................................................................................................................................ ........................... CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2003-2010) ...........I...............................................................I......-...-...-,''''I'll'''' .........................................................................................................................I......... ............................... Contra Costa Clean Water Program Agreement between The Contra Costa County Flood Control & Water Conservation District and Agencies named below THIS AGREEMENT is jointly entered into by the Contra Costa County Flood Control and Water Conservation District and the Cities of Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond,San Pablo,San Ramon,and Walnut Creek,and the County of Contra Costa(sometimes individually referred to herein as"co-permittee"or "agency"). Effective July 1, 2003, this AGREEMENT replaces the CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT(1998-2003)that the parties previously entered into on April 1, 1998. Recitals A. The parties are joint holders of National Pollutant Discharge Elimination System ("NPDES") Permits, Nos. CA0029912 and CA0093313. The cities previously entered into individual agreements with the Contra Costa County Flood Control and Water Conservation District ("District") for the first five-year NPDES permit (1993- 1998). The parties are completing their second joint municipal NPDES permits; and, will be negotiating the re-issuance of theirthird joint municipal NPDES permitwhich will expire in approximately 2010. The parties wish to extend the joint agreement throughout the duration of the second and third joint municipal NPDES permits. B. The parties(except the cities of Richmond and Brentwood which may join in the future) have entered into a separate cost payment agreement regarding the stormwater utility fee assessment financing. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. Group Activities Delineation. The Management Committee ("MC") is the decision-making body of the Contra Costa Clean Water Program. It shall be responsible for setting policies, providing directions and authorizing expenditures. The second and third joint municipal NPDES permits program, and the activities to be jointly carried out pursuant to this Agreement by the parties, shall include, but not be limited to, the following tasks: 1. Provide the necessary administrative,technical and clerical resources to implement all Program activities directed by the Management Committee in order to implement the second and third joint municipal NPDES permits (1999 - 2010). Administrative activities may include attending all Management and sub-committee meetings, preparing committee minutes and/or summaries of committee actions. 2. Administer all consulting services contracts (technical, legal, public relations and associated services) including the coordination, billing and monitoring of all such activities. 3. Represent the Program at federal, state, regional and local governmental, civic, professional and political organizations and agencies. 4. Coordinate the yearly compilation of the Annual Reports to the appropriate Regional Water Quality Control Boards. 5. Conduct monitoring activities which may include the purchase, installation and testing of equipment at designated sites. 6. Ensure all regulatory fees and assessments necessary to obtain and maintain the joint municipal NPDES Permits are appropriate and, if so, paid. 7. Ensure uniform implementation of a comprehensive stormwater management ordinance and its regulations between all co-permittees. -2- ......... ......... ......... ......... ......... ......... ......._... ................. .._....... ._....... ........_. ..._._.... ........_ ......... ......... ......... ._._.__... . .... . ....._... ......... 8. Implement a comprehensive public education and industrial outreach program on behalf of all co-permittees. The Program's Public Education and Industrial Outreach Committee will be responsible for developing the original materials; and, co- permittees shall be responsible for producing and distributing these items. 9. Participate in special studies determined by the Program,the Regional Water Quality Control Boards, the Bay Area Stormwater Management Agencies Association (BAS'MAA)or other appropriate entities. 10. Ensure implementation of a comprehensive program for field inspection and investigation activities for unauthorized connections and illegal dumpings. 11. Ensure a comprehensive program for new development and construction activities specifically focusing on soil erosion and sedimentation practices, post-construction facilities and developing financial mechanisms needed to maintain such facilities. B. Termination. Should a co--permittee want to stop participating in the group program and terminate its obligations under this Agreement, the following conditions must be met: 1. The co-permittee shall provide written notice of its intention to terminate its participation in the group program by no later than 5:00 p.m., December 31 prior to the commencement of the following fiscal year of which it is seeking to terminate its obligations (July 1 - June 30). To ensure an orderly transition, the departing co-permittee shall also obtain written confirmation from the Regional Board's Executive Officer that an individual NPDES Municipal Stormwater Permit will be issued to the co-permittee and provide a copy to the Program with the notice of termination. 2. The co-permittee shall be committed to fulfill all of its financial obligations outlined in this Agreement to the end of the fiscal year(June 30). C. Subcommittee Structures. The following subcommittees are hereby established, but may be changed by the Management Committee: 1. Administrative Committee ("AC") is a sub-committee responsible for -3- administration, strategic planning, personnel, budget recommendations and conflict resolution. 2. New Development and Construction Controls Committee("NDCCC")is a subcommittee responsible for erosion/sedimentation control measures,construction site management practices, new development guidelines and recommended planning procedures. 3. Public Education and Industrial Outreach Committee ("PEIO") is a subcommittee responsible for development of materials and products, information dissemination, technical workshops, marketing and public outreach. 4. Watershed Assessment and Monitoring Committee("WAM")is a sub- committee responsible for baseline monitoring, special study coordination, inspection activities, 'inspection training, volunteer monitoring and water quality analysis and evaluations. D. Management Committee Representatives. 1. The city/county manager, prior to August 01, 2003, shall designate Management Committee representatives which may be by job classifications rather than named individuals. The manager shall designate up to two(2)individuals who may vote on behalf of their agency at any Management Committee deliberation. Each co-permittee shall have one vote on the Management Committee. Co-permittees shall be permitted to send substitutes to any Management Committee meeting, permitting the individual to vote on behalf of the agency when the representative is absent. Written confirmation from the city/county manager indicating the identity of the substitute shall be provided to the Program prior to the meeting. The substitute's decisions shall be binding upon its agency. 2. Each Management Committee representative shall consist of an engineering representative or designated individual responsible for directly administering the stormwater management program for their agency. 3. Management Committee representatives shall continue for the entire term of the Agreement unless changed by the city/county manager by providing timely writtennotification to the Program. 4. Any decision made by the Management Committee shall be binding -4- upon all co-permittees. E. Committee Membership. 1. Each co-permittee shall have one representative on the Management Committee and at least one representative on either the Administrative Committee, Watershed Assessment and Monitoring Committee, New Development and Construction Committee,or the Public'Education and Industrial Outreach Committee orothercommittee duly created by the Management Committee. 2. Co-permittees may have membership on any subcommittees as full voting members if approved by the Management Committee at its June meeting upon the recommendation of the Management Committee chairperson for the following year. Each co-permittee shall only be allowed one vote per committee. Participants at committee meetings, other than approved co-permittees, shall not be allowed to vote on any item under consideration. 3. Any co-permittee not designated as an approved voting member may participate to the discussions of any subcommittee but shall not be allowed to vote on recommendations. Co-permittees may participate on any committee. 4. Each sub-committee shall, at a minimum, consist of the following membership: Administrative Committee 7* • Watershed Assessment and Monitoring 5 • New Development and Construction 5 • Public Education and Industrial Outreach Committee 5 (*Concord,Contra Costa County and Richmond shall be permanent members of the Administrative Committee, but shall also participate on at least one additional subcommittee.) 5. The Management Committee chairperson and vice-chairperson shall be chosen at the June Management Committee meeting for the following fiscal year. -5- 6. The Management Committee chairperson shalt be chairperson of the Administrative Committee for one fiscal year(July 1 to June 30). 7. The Management Committee chairperson, in accordance with established guidelines, shalt by May 31 of each fiscal year recommend, after consultation with all co-permittees, membership on all sub-committees effective July 1 of the next fiscal year. Recommendations shall be considered by the Management Committee at its June meeting. Sub-committee members shall be encouraged to rotate every two years. 8. The first order of business for each sub-committee at its July meeting is to choose a chairperson and vice chairperson for the remainder of the fiscal year and to establish the sub-committee's work plan for the fiscal year dealing with its goals,objectives, time lines and related items, as outlined under the Permit. 9. Attendance at all Management and sub-committee meetings shall be published monthly. Co-permittees are expected to attend at least 80% of the meetings. Two consecutive absences shall cause the Management or sub-committee chairperson to request new membership from the designated co-permittee by contacting either the Management Committee representative or the co-permittee's city/county manager. Attendance of all committees shall be added to the Annual Report provided to the Regional Water Quality ControlBoards. 10. The Administrative Committee shalt consist, at a minimum, of the following membership, conditions, and shall generally follow the rotations contained in Exhibit "A": a) Management Committee chairperson 1** -6- b) Concord, County and Richmond 3/2 c) Other co-permittees 3/4** Total 7 d) Geographical representation will be encouraged. e) Administrative Committee vice-chairperson shall be selected at the first meeting in July of each fiscal year. The Management Committee vice-chairperson does not have to be the Administrative Committee vice-chairperson. **(i) These designated co-permittees shall rotate annually. (ii) These co-permittees shall meet their sub-committee obligation by serving as designated representative for the fiscal year(see Section E1). (iii) Should the chairperson be from Concord,Contra Costa County or Richmond, then the "other co permittees" category shall be increased to four members; and the "Concord, County and Richmond" category shall be decreased to two members. 11. Permanent sub-committee voting membership can only be changed by the Management Committee Chairperson following established guidelines (see following section). 12. The selection of permanent sub-committee voting membership shall consider the following guidelines: a) The minimum number of members per committee(see Section E4). b) Balance membership from large, medium and small jurisdictions. c) Balance membership from geographical areas as follows: (i) West County: EI Cerrito, Richmond, San Pablo, Hercules, Pinole and unincorporated county. -7- East County. Antioch, Brentwood, Oakley, Pittsburg, and unincorporated county. (iii) Central/North County: Concord, Clayton, Pleasant Hili, Walnut Creek, Martinez, and unincorporated county. (iv) Lamorinda/South County: Lafayette, Orinda, San Ramon, Danville, Moraga and unincorporated county. d) Attempt to have one sub-committee member represented on the Administrative Committee to act as a liaison. e) Rotation of sub-committee members shall be encouraged at least every two years. f) Membership shall be chosen to enhance the sub-committee's manageability and overall effectiveness of attaining goals and objectives. 13. A quorum for each committee or subcommittee shall consist of a majority of its members. F, Program Costs Participation and Allocation. All program costs shall be allocated on population numbers annually obtained from the State of California's Department of Finance. The population data published in January of each year will be used to form the cost allocations of the following fiscal year. (See Exhibit"B" for the 2003/04 Fiscal Year Allocations.) G. Optional Services. Additional services requested by a co-permittee and consistent with carrying out tasks outlined in the Joint Permit may be provided by Program staff as long as it minimally impactsProgram staffing and is approved by the Management Committee. Such requests shall be in writing and detail tasks to be accomplished. Such services shall be completely financed by the co-permittee. H. Contractina. 1. All contracts shall be administered through the Flood Control District on behalf of the Program. Other co-permittees may be permitted to contract on behalf of -8- the Program upon Management Committee approval. 2. All contracts shall include a provision allowing for one or two-year extensions based on satisfactory performance. The appropriate sub-committee shall recommend to the Management Committee when a consultant contract should be extended. The aforementioned contracts are for services, not products. 3. Procuring technical services shall be accomplished in the following manner: a) A formal Request for Proposal("RFP")shall be developed for all required technical services detailing goals, objectives, budget, tasks and time Lines. b) All co-permittees)will be asked if they wish to respond to the RFP. If so,the co-permittee(s) must respond in writing to the appropriate sub-committee. c) The sub-committee can either recommend approval of the submitted co-permittee(s) proposal to the Management Committee,or, may send the RFP to outside vendors and review all submittals before making a final determination to the Management Committee. d) The appropriate sub-committee shall be responsible for recommending a consultant to the Management Committee. 1. Staffinsa. 1. Program staff are employees of Contra Costa County, employed on behalf of all co-permittees constituting the Clean Water Program. The Management Committee may contract for Program staff through another co-permittee, an institutional arrangement(such as joint powers agreements), or consultants. 2. The County shall obtain input from the Management Committee regarding staff evaluations, job classifications and salary ranges. The Administration Committee shall be responsible for soliciting input from the Management Committee members. 3. The Management Committee shall negotiate an administrative overhead rate with any appropriate agency providing services to the Program. 4. Program staff shall provide a written record of all policies, rules and regulations duly adopted by the Management Committee. J. Indemnity. Each party-to this Agreement agrees to protect, indemnify and save harmless the other parties and their officers, officials,employees and volunteers from and against all claims, demands and causes of action by third parties on account of personal injuries or death or on account of property damages arising out of the work to be performed under this Agreement and resulting from the negligent act or omission of the party, its contractors, agents, employees or subcontractors. ., 1 Dated:' f CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION'DISTRICT By: "k— Chair, Board of Supervisors APPROVED AS TO FORM: ATTEST: John Sweeten, Clerk of the Silvano B. Marchesi, County Counsel Board of Supervisors and County Administrator s . s f By: ' By: ! , eputy deputy _10- ................................... Dated: CITY OF ANTIOCH By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF BRENTWOOD By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF CLAYTON By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF CONCORD By: Its: APPROVED AS TO FORM: By: Attorney Dated: COUNTY COUNTY OF CONTRA COSTA By. Chair, Board of Supervj s APPROVED AS TO FORM: ATTEST: John Sweeten, Clerk of the Siivano'B. Marchesi, County Counsel Board of Supervisors and County Administrator By: AAJ By: Deputy Deputy Dated: TOWN OF DANVILLE By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF EL CERRITO By: Its: APPROVED AS TO FORM: By: Attorney Dated:' CITY OF HERCULES By: Its: APPROVED AS TO FORM: By: Attorney -12- ............ Dated: CITY OF LAFAYETTE By: Its: APPROVED AS TO FORM: By: Attorney Dated-,: CITY OF MARTINEZ By: Its: APPROVED AS TO FORM: By: Attorney Dated:'' TOWN OF MORAGA By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF OAKLEY By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF ORINDA By: Its: APPROVED AS TO FORM: By: Attorney -13- Dated: CITY OF PINOLE By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF PITTSBURG By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY 4'F PLEASANT HILL By: Its: APPROVED AS TO FORM: By: Attorney Dated: CITY OF RICHMOND By: Its: APPROVED AS TO FORM: By: Attorney -14- ... .. . ...._._... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .. .. ... ................................................... Dated: CITY OF SAN PABLO By: Its: APPROVED AS TO FORM: By: Attorney Dated:' CITY OF SAN RAMON By: Its: APPROVED AS TO FORM: By: Attorney Dated:' CITY OF WALNUT CREED By: Its: APPROVED AS TO FORM: By: Attorney WP:\...\NPDES\Contracts\Galstan.agr g:Word\...W PDES\Contracts\Galstanagr.doc 07/14/98G;\GrpData\FldCtl\swright\Contra Costa Ciean Water PrograrnTinal Program Agreement SW 2003-2010.doc 5/1103 3/6/00 09/23/98 -15- EXHIBIT "A" CONTRA COSTA CLEAN WATER PROGRAM ADMINISTRATIVE COMMITTEE* PARTICIPATION GUIDELINE Lar a Munki alitles Countywide Contra Costa County X X X X X X X Central/North County Concord X X X X X X X West CountRichmond X X X X X X X East County Antioch X X Central/North County Walnut Creek X X East County PittsburgX X Medium Municipefides Lamorinda/South County San Ramon X X Lamorinda/South County Danville X Central/North County_______ Martinez X X Central/North County Pleasant Hill X West County San Pablo X Lamorinda/South Count Lafa ette X Small Munki alftfes East County Brentwood X X East County Oakle X West County El Cerrito X X West County Hercules X West County Pinole X Lamorinda/South County Orinda X X Lamorinda/South Co"n _ Moraga X X Central/North Count. Clayton X X Coun lde Flood Control district X * Minimum of seven members per fiscal year .............................................. • EXHIBIT "B"{tc 111 " EXHIBIT OBO) CONTRA COSTA GLEAN WATER PROGRAM& 112 "CONTRA COSTA CLEAN WATER PROGRAM) GROUP COST METHODOLOGY & ALLOCATION FOR THE 2003/04 FISCAL YEAR ENTITY POPULATION PRORATA SHARE BUDGET OF GROUP COSTS2 ALOCATION ANTIOCH 95,700 9.85% $ 263,120 BRENTWOOD 29,650 3.02% $ 80,578 CLAYTON 11,000 1.12% $ 29,931 CONCORD 123,900 12.52% $ 337,131 DANVILLE 43,000 4.38% $ 117,003 EL CERRI'TO 23,500 2.39% $ 63,943 HERCULES 20,150 2.05% $ 54,828 LAFAYET`t`E 24,400 2.49% $ 56,392 MARTINEZ 36,700 3.74% $ 99,861 MORAGA 16,500 1.68% $ 44,896 OAKLEY26,1'>50 2.66% $ 71,154 ORI'NDA 17,850 1.82% $ 48,570 PINOLE 19,450 1.98% $ 52,923 PITTSBURG 59,900 6.10% $ 162,988 PLEASANT HILL 33,350 3.40% $ 90,745 RICHMOND 101,100 10.30% $ 275,093 SAN PABLO 30,9010 3.15% $ 84,079 SAN RAMON 46,250 4.71% $ 125,845 WALNUT CREEK 65,900 6.71'% $ 179,314 UNINCORPORATED' 155,200 15.81% $ 422,298 99.99% $ 2,670,793 1. Population figures based on State of California Department of Finance January 1, 2002. 2. Percentages based on prorata of population. 3. Prorata share not based on population, but as a direct financial contribution. ._..... .. _.... ........._. ........_.... ......... ......... ......... ......... ......... ......... ......... ............._..._____ .. .......... _........... ............ L.+ 7w THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on October 7, 2003, by the following vote: AYES: m�Emsms cion, unm%, Gomm, =m, Arm De� NOES: J,1()W1 ABSENT: NW ABSTAIN:N RESOLUTION NO. 2003/579 SUBJECT: APPROVE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA (UNINCORPORATED AREA) WHEREAS, the County of Contra Costa, in conjunction with the Contra Costa County Flood Control and Water Conservation District ("Flood Control District") and all nineteen cities in Contra Costa County, has been required by the federal government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of joint municipal National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second joint municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second joint municipal NPDES permit for public agencies under its jurisdiction; and, 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:JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator DATE: BER 7, 2003 r B , Deputy Resolution No. 2003/579 STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA (UNINCORPORATED AREA) This AGREEMENT, entered into on the 7th day of October, 2003, is between the County of Contra Costa, a political subdivision of the State of California, hereinafter"COUNTY,"and the Contra Costa County Flood Control and Water Conservation District, a special district organized under California law, hereinafter"DISTRICT." This AGREEMENT replaces the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA that the parties previously entered into on November 16, 1999. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permits for stormwater discharges issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards(hereinafter referred to collectively as "PERMIT"). A Management Committee, hereinafter referred to as "COMMITTEE," has been formed to develop and implement PERMIT activities.The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements and State of California water quality requirements. Upon issuance of the PERMIT, COUNTY must implement the Performance Standards identified for the unincorporated area under the COUNTY's jurisdiction. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of COUNTY. At the request of COUNTY, DISTRICT has completed the process for formation of a SUA for COUNTY territory, including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth COUNTY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: Page 1 - .......................................I..''...........-..........I..................................................................................... .. ......... "Stormwater Utility Area" or "SUX shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units(ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit"or"ERU"shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements"shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current PERMIT. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the COMMITTEE. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for COUNTY(a)the number of ERUs in COUNTYs SUA, (b)the number of parcels to be assessed, and (c)the estimated remaining revenue for the current fiscal year.Annually, by May 1, COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. - Page 2 - _._.... ......... ......... ......... ......... ......... ......... ......... ._....._. _... ......... ..................._........_._.........................._._.............. .............. ......... ......... .............._.... DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The Stormwater Utility Assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each Stormwater Utility Area.All administrative costs incurred by DISTRICT in operating the Stormwater Utility Area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessments,and reviewing data on disbursements to COUNTY and expenditures by COUNTY,shall be borne by the fund. DISTRICT shall maintain accounting records for all expenditures for Program Activities. DISTRICT shall charge COUNTY for costs of Program Activities. DISTRICT shall calculate the proration of costs for Program Activities. DISTRICT shall debit COUNTY's SUA fund for COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO COUNTY: Annually, but not later than January 31, May 31, and September 10, [DISTRICT shall instruct the County Auditor- Controller to disburse to COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%a) of the estimated total assessment, whichever is greater. 7. COUNTY USE OF REVENUE: COUNTY agrees to expend the revenue received from the SUA solely for NPDES Program Activities, including but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: COUNTY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal Page 3 ............................................................I.............................................................................................. year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this AGREEMENT and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, COUNTY acknowledges that the obligation set forth in Subsection A-above shall not apply to third patty claims demands, suits, costs, expenses and Liability arising from or connected with the use by COUNTY of the data furnished under this AGREEMENT, and COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of DISTRICT that are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this Section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: COUNTYs execution of this agreement does not bind COUNTY in any way to continue participation in the PERMIT. COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: COUNTY DISTRICT Contra Costa County Contra Costa County Flood Control & c/o Public Works Department Water Conservation District 255 Glacier Drive c/o Public Works Department Martinez, CA 94553 255 Glacier Drive Martinez, CA 94553 Page 4 - ...........................I............I......... ................-......I..................................I.......I........ .................-.................................................... If either party terminates this AGREEMENT, COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for COUNTY at COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the COUNTY subject to COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION. It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions. However, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. Page 5 - > C CONTRA COSTA COUNTY FLOOD COUNTY OF CONTRA COSTA CONTROL AND WATER CONSERVATION DISTRICT By: BY: C'he r,-B 0-ard of Supervisors Chair, Board of Supervisors ATTEST: ATTEST: John Sweeten, Clerk of the Board of John Sweeten, Clerk of the Board of Supervisors and County Administrator Supervisors and County Administrator B c t � �- B Deputy Deputy Recommended for Approval: Recommended for Approval: Maurice Shiu Maurice Shiu Chief Engineer Public Works Director By: By: Form Approved: Form Approved: Silvano B. Marchesi Silvano B. Marchesi County Counsel County Counsel J Deputy Deputy LM G:\GrpData\FldCtNSWUF\BO\Agreements\FY03 MCOUNTY 5UA Agmt 9.23-03.doc " Page 6 - TO: BOARD OF SUPERVISORS "' '`' Costa FROM: HEALTH SERVICES DEPARTMENT 4m, DATE: OCTOBER 7, 2003 s,�-�-U County SUBJECT: APPROVAL OF CONTRACT #74-163-4 WITH DELTA PERSONNEL SERVICES, INC. (DBA GUARDIAN SECURITY AGENCY) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee (Donna Wigand, L.C.S.W.) to execute on behalf of the County, Contract #74-163-4 with Delta Personnel Services, Inc. (dba Guardian Security Agency), a Corporation, in an amount not to exceed $109,440, for the period from July 1, 2003 through December 31, 2003, for the provision of security guard services at the East County Mental Health Clinic and the Antioch Child and Adolescent Mental Health Services. FISCAL IMPACT: 100% Mental Health Realignment offset by third party revenues. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On December 10, 2002, the Board of Supervisors approved Contract #74-163-3 with Delta Personnel Services, Inc. (dba Guardian Security Agency), for the period from January 1, 2003 through June 30, 2003, for the provision of security guard services for the Mental Health Clinic at 550 School Street in Pittsburg. Approval of Contract #74-163-4 will allow the Contractor to continue to provide security guard services through December 31, 2003. CONTINUED ON ATTACHMENT: YES SIGNATU E: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ------------------------ -- _---- ------------------- -— J------------------------------------------------------------------------------------------- ACTION OF SO D N Q 7, 20 3 APPROVE AS E MMENDED A OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT NO N E CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: ATTESTELl3C°3'OM 7, 2003 CONTACT: Donna Wigand 957-5150 JOHN SWEETEN,CLERK OF THE BOARD OF CC: HSD Contracts SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Risk Management Contractor 1 BY EPUTY "71 TO: BOARD OF SUPERVISORS Contra FROM: Warren E. Rupf, Sheriff Costa DATE: September 24, 2003 .. County SUBJECT: Contract for Sheriffs Rangemaster SPECIFIC REQUEST(S)OR RECOMMENDATIONS}&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff, or designee, to execute a contract on behalf of the County with John A. Montagh, in an amount not to exceed $62,400 for Rangemaster/Armorer Instructor services for the period of October 1, 2003 through September 30, 2004. If. FINANCIAL IMPACT: NONE. Funding for this service is included in the Office of the Sheriffs budget. 111. BACKGROUND: The Office of the Sheriff contracts with police agencies and with Martinez Adult School for the use of the Sheriffs Range. These contracts depend on an on-site coordinator for the realization of their goals. The safety of persons and property is the responsibility of the Rangemaster. Office of the Sheriff safety personnel must train and quality with firearms on a semi-annual basis. Each year, the Training Center schedules over 150,000 hours of firearms training. This training occurs at the Sheriff's Range using multiple shooting ranges. When firearms are being used simultaneously on more than one range, the services of the Rangemaster are critical. Mr. Montagh has been a firearms instructor for the Office of the Sheriff for more than thirteen years, is a certified armorer, and has served as Rangemaster for over six years. IV. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this request would lessen the Office of the Sheriff's ability to meet mandated legal requirements for Peace Officers in regards to firearms training and would increase the County's liability for daily activities conducted at the Sheriffs Range. Funds provided by outside agency contracts would be reduced or lost. CONTINUED ON ATTACHMENT: D YES SIGNATURE: Ae 2*EC0&9&NDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMbTTEE [PROVE ❑OTHER SIGNATURE(S): ACTION OF BOAKDAN OCMM 7, 2003 APPROVED ECOMNIENDED ® OTHER ❑ VOTE OF SIIREMMORS- 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT 0-�1 } ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN, ABSENT: ABSTAIN: ATTESTED OCTOBER 7, 2003 Contact: Gloria Scatter 335-1528 JOHN SWEETEN,CLERK OF THE BOARD OF cc: Office of the SherifF SUPERVISORS AND COUNTY ADMINISTRATOR CAO--Justice System Administration By: ' �' � puty