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HomeMy WebLinkAboutMINUTES - 02102004 - C11 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: February 10, 2004 SUBJECT: APPROVE agreement with municipalities for the period July 1,2403 through June 30,2010, Countywide. (Stormwater Utility Fee Assessments) (All Districts)' SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the ChiefEngineer,Flood Control and Water Conservation District,on behalf of the Contra Costa Clean Water Program, or designee, to execute a Program Agreement to provide administrative support services to implement National Pollutant Discharge Elimination System Permit requirements for the following municipalities: the Towns of Danville and Moraga,the Cities of Antioch, Brentwood,Clayton,Concord,unincorporated Contra Costa County,Contra Costa Flood Control&Water Conservation District,El Cerrito,Hercules,Lafayette,Martinez,Oakley,Orinda,Pinole,Pittsburg,Pleasant Hill,Richmond, San Pablo,San Ramon, and, Walnut Creek, for the period July 1,2003 through June 30, 2010, Countywide. (Cities Stormwater Utility Fee Assessments) (All Districts) Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE AfiPROVE OTHER SIGNATU S : ACTION OF BOA ON FEBRUARY 10, 2004 APPROVED AS RECOMMENDED `xx OTHER I hereby certify that this is a true and correct copy of an action VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE taken and entered on the minutes of the Board of Supervisors on l AYES: NOES: the date shown. ABSENT: ABSTAIN: ATTESTED: FEBRUARY 10, 2004 DPF:mm JOHN SWEETEN, Clerk of the Board of Supervisors and G:\GrpData\NPDES\BO Res_Contracts_Agem\FamslBoerdOrder.doc County Administrator Ortg.Div: Public Works Flood Co=ol Contact: (313-2393)Donald P.Freitas c: CAO County Counsel PLV Accounting By Deputy SUBJECT: APPROVE agreement with municipalities for the period July 1 20€13 through June 30, 2010, Countywide. (5tormwater Utility Fee Assessments)(All Districts) DATE: February 10,2004 PAGE: 2 11. FiscalImpact: The cost shall be funded by stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. j 111. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System(NPDES)Regulation for municipal stormwater dischargeson November 16, 1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to eliminate all pollutants from entering the municipal storm drain system. IV. Conseguences of Neeative Action: If the consulting services agreement with the municipalities is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Potentially,fines totaling$10,000 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. ...................................................... . .................................................... CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2003-2010) Centra 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,Walnut Creek, County of Contra Costa(sometimes individually referred to herein as"co-permittee"or"agency"). It is dated for administrative convenience as July 01, 2003. 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- 1993). The parties are completing their second joint municipal NP©ES permits; and, will be negotiating the re-issuance of their third joint municipal NPDES permit which will expire in approximately 2010. The parties wish to extend the joint agreement throughout the duration of the second and third joint municipal NP'DES 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. 8. implement a comprehensive public education and industrial outreach program on behalf of all co-permittees. The Program's Public Education and Industrial -2- Outreach Committee will be responsible for developing the original materials, and, co- permittees small 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 Btormwater Management Agencies Association (BASMAA) 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 pm., December 31 prior to the commencement of the following fiscal year of which itis 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 administration, strategic planning, personnel, budget recommendations and conflict resolution. -3- 2. Watershed Assessment and Monitoring Committee(" AM")is a sub- committee responsible for baseline monitoring, special study coordination, inspection activities, inspection training, volunteer monitoring and water quality analysis and evaluations. 3. 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. 4. 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. D. Mananement Committee Representatives. 1. The city/county manager, prior to August 01, 2003, shalldesignate 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 written notification to the Program. 4. Any decision made by the Management Committee shall be binding upon all co-permittees. -4- 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 or other committee 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 in 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 lust 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. 6. The Management Committee chairperson shall 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, shall 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 tate 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-permittees city/county manager. Attendance of all committees shall be added to the Annual Report provided to the Regional Water Quality Control Boards. 10. The Administrative Committee shell consist, at a minimum, of the following membership, conditions,and shall generally follow the rotations contained in -6- Exhibit"A": a) Management Committee chairperson 1** b) Concord, County and Richmond 3{2 c) Other co-permittees 314** 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) idelines-a) The minimum number of members per committee (see Section E4). -7- b) Balance membership from large, medium and small jurisdictions. C) Balance membership from geographical areas as follows: (i) West County: El Cerrito, Richmond, San Pablo, Hercules, Pinole and unincorporated county. (ii) East County: Antioch, Brentwood, Oakley, Pittsburg, and unincorporated county. (iii) Central/North County: Concord, Clayton, Pleasant Hill, Walnut Creek, Martinez, and unincorporated county. (iv) LamorindafSouth 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. Pro-gram 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 log as it minimally impacts Program staffing and is approved by the Management Committee. Such -8- requests shall be in writing and detail tasks to be accomplished. Such services shall be completely financed by the co-permittee. H. Contracting. 1. All contracts shall be administered through the Flood Control District on behalf of the Program. Ether co-permittees may be permitted to contract on behalf of 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. 1 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 venders and review all submittals before making a final determination to the Management Committee. d) The appropriate sub-committee shall be responsibl 2. The County shall obtain input from the Management Committee regarding staff evaluations, jab 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. Dated: CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT: By: Its: APPROVED AS TO FORM: By:---1 Attorney -10- EXHIBIT `°A°' CONTRA COSTA CLEAN WATER PROGRAM ADMINISTRATIVE COMMITTEE* PARTICIPATION GUIDELINE atlprt Mutlp #�t F� Lar a Munici alifies Countywide Contra Costa County x X x X x X x Central/North Couqtj Concord X X x X x X x West.County Richmond x x x x X x x East County Antioch x x Central/Noith County Walnut Creek x x East Coq9ty Pittsburgx X Medium Munki alines Lamorinda/South County San Ramon X x Lamorinda/South Coup Danville x Centrat/North Coup Martinez x Central/North County Pleasant HiliX x West Countv San Pablo x LamorindalSouth County Lafayette X Sinal!Munici fines East County Brentwood X x East County oakle x West County El Cerrito x x West Count y Hercules X West County Pinole x LamorindatSouth County Orinda x x Lamorinda/South Cointy Mora a XHH x Central/North County Clayton x x Countywide Flood Control District X * Minimum of seven members per fiscal year +► EXHIBIT '413" CONTRA COSTA CLEAN WATER PROGRAM GROUP COST METHODOLOGY & ALLOCATION FOR THE 2003104 FISCAL YEAR ENTITY POPULATION P'RORATA SHARE BUDGET OF GROUP COSTS2 ALOCATION ANTIOCH 96,700 9.85% $ 263,120 BRENTWOOD 29,650 3.02% $ 80,678 CLAYTON 11,000 1.12%n $ 29,931 CONCORD 123,900 12.62% $ 337,131 DANVILL,E 43,000 4.38% $ 117,003 EL CERR'ITO 23,500 2.39% $ 63,943 HERCULES 20,150 2.05% $ 54,828 LAFAYETTE 24,400 2.49% $ 05,392 MARTINEZ 36,700 3.74% $ 99,861 MORAGA 16,500 1.68% $ 44,896 OAKLEY 26,150 2.66% $ 71,154 ORINDA 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 30,900 3.15% $ 84,079 SAN RAMON 46,250 4.71% $ 125,840 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 prorate of population. 3. Prorata share not based on population, but as a direct financial contribution. Dated: %0 CITY OF ANTIOCH By: Its: APPROVED AS TO FORM: c�-- B ' ~. y: � Attorney Date ' ��' �� CITY OF BRENTWOOD By: APPRIPYED AS TO FORM: Attorney Dated:16 DEC. 200, CITY OF CLAYTON By: ; Its: ccil-t m APP OVED AS TO FORM: By: Attorney Dated:J iii✓ - CITY OF CONCORD By: its: C'1' M.4AJ APPROVED AS TO C3RM: By: orney Dated:p? COUNTY OF CONTRA COSTA By: Its: APPROVED AST FORM: By: Attorney C? TOWN OF DANVILLE B Its: AP b AS TO RM By: JAorne, Dated: CITY OF EL CERRITO By: Its: —L441-114 A:PP AS TO F M: B Attorney Dat f ` t -a` CITY OF HERCULES By: Its: APPRtJ By: Attorney -12- Dated__ 4 04— CITY OF LAFAYETTE Its: Q IN AAA N A Cr~"— APPROVED AS70 FORM: By orney Dated; r;? CITY OF MARTINEZ By: - 7 Its ' r AIS OVE S TO FO By: ' A mey Dated: l �'�` ` c,! TOWN OF MORAGA Its: APPROVED AS TO FORM: Attorney Dated: 2 CITY OF OAKLEY ti By: Its: _ •� APPROVED AS TO FORM: Attorney Dated: r" or 11 CITY OF ORINDA By: Its: G l � APPROVED AS T F Attorney -13- Dated:-/-/Li7- c"" CITY OF PI'NOLE its: APPROVED T FO 'M: 12 By: , Attorney Dated:—/o&/lp-3, CITY OF PITTSBURG By. -- Its: APPROVED S TO F M By: Attorney Dated: Vi-µ{-03 CITY OF PLEASANT HILL By: Its: A-� APPROVED TO FORK, By. Attorney Dated: CITY OF RICHMOND By; Its: APPROV �S! TO F itll:. By: A orney -14- Dated: - i CITY OF SAN PABLO By: Its.- APPROVED ts:APPROVED AS TO FORq By: `rA;� Attorney Dated: l 7 -2) CITY OF SAN RAIVION By: a Its: _ 7` /-I AP VED AS TO F Attu y Dated: CITY OF WALNUT CREEK By: Its: APPROVED S TO FOR : By: Attorney WP:i...WPDES%ContractmGaistan.agr g.Word\...W PDES\ContractstGaistanagr.doa 07/14/98 G:1GrpAata\NP0EStC C Glean Water Program AgreementtProgram Agreement 2003-2010Tinal Progam Agreement 2003.2010.doc 611/03 3/6!00 09/23198 -15- .................... S "Y5 v CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2003-2010) 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 Centra Costa County Mood Control and Dilater 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, Walnut Creek,County of Contra Costa(sometimes individually referred to herein as"co-permittee"or"agency"). It is dated for administrative convenience as July 01, 2003. Recitals A. The parties are joint holders of National PollutantDischarge 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 their third joint municipal NPDES permit which 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 appropriateRegional Water Quality Control Boards. 5. Conduct monitoring activities which may include the purchase, installation and testing of equipment at designated sites. 5. Ensure all regulatory fees and assessments necessary to obtain and maintain the joint municipal NPIDES Permits are appropriate and, if so, paid. 7. Ensure uniform implementation of a comprehensive stormwater management ordinance and its regulations between all co-permittees. 8. Implement a comprehensive public education and industrial outreach program on behalf of all co-permittees. The Program's Public Education and Industrial -2- 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 tate Program,,the Regional Water Quality Control Boards, the Bay Area Stormwater Management Agencies Association ('BASMIAA) 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 conditionsmust 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 N'PDES 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 shah 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 administration, strategic planning, personnel, budget recommendations and conflict resolution. -3- 2. WatershedAssessment and Monitoring Committed("WAM)is a'sub- committee responsible for baseline monitoring,<special study coordination, ''inspection activities, inspection training, volunteer monitoring and water quality analysis and evaluations. 3. 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. 4. 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. D. MaMement Committoo 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 prier 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 written notification to the Program. 4. Any decision made by Management Committee;shall;'be binding, upon all co-permittees.' -4- 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 or other committee duly created by the Management Committee. . Co-permittees may have membership on any subcommittees as full voting members if approved by the Management Committee at its Jane 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. 1 Any co-permittee not designated as an approved voting member may participate in the discussions of any subcommittee but shall not be allowedto 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 shall 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, shall 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 fines and related items, as outlined under the Permit. 9. Attendance at all Management and sub-committee meetings shall be published monthly. Cts-permittees are expected to attend at least 813°t 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{duality Control Board's. 10. The Administrative Committee shad consist, at a minimum, of the following membership, conditions, and shall generally follow the rotations contained in -6- Exhibit "A": a) Management Committee chairperson 1** b) Concord, County and Richmond 312 c) {ether 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 shallrotate annually. (ii) These co-permittees shall meet their sub-committee obligation by serving as designated representative for the fiscal year (see Section EI). (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 fallowing 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). -7- b) Balance membership from large, medium and small jurisdictions. c) Balance membership from geographical areas as follows: (i) West County: El Cerrito, Richmond, San Pablo, Hercules, Pinole and unincorporatedcounty. (ii) East County; Antioch, Brentwood, Oakley, Pittsburg, and unincorporated county. (iii) Central/North County: Concord, Clayton, Pleasant Hill, Walnut Creek, Martinez, and unincorporated county. (iv) Lamorinda/South County: Lafayette, 4rinda, 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. Pro-gram 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 papulation 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 impacts Program staffing and is approved'by the Management Committee. Such -8- requests shall be in writing and detail tasks to be accomplished.. Such services shall be completely financed by the co permittee. H. Contracting. 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 the Program upon Management Committee approval. 2. All contracts shall include a provision allowing for one or twig-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")shalt 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-permittees)most 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. Staffing. 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. _g_ 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 ratewith 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. f Dated: c/ 1.01.x. CONTRA COSTA COUNTY FLOOD CONTROL & WATER' ( CONSERVATION DISTRICT: B ' ?�� ✓,rte y• 1 Its: .# APPROVED AS TO FORM: By: iX10 t �..... Attorney _tp_ EXHIBIT «AY) CONTRA COSTA 'CLEAN WATER PROGRAM ADMINISTRATIVECOMMITTEE* PARTICIPATION GUIDELINE X�, S.�{ �'. �G�° 4•:v •1a2 � - ps 3� � h • 3 � � �$`J+.Et R ^ 1 2 r Lax a Muntcl al/ttes Countywide Contra Costa County X x x x X x x Central/North County Concord x x x X x x x West County Richmond x x X X X X X East County Antioch X x Central/North County Walnut Creek x x East County Pittsbur �{ x Medium Munlcl al ties LamodndatSouth County San Ramon x x LamorindalSouth County Glanville x Central/North County_ Martinez x X Central/North County Pleasant Hill x West counitj San Pablo x LamorindalSouth County Lafayette x Small mul) 'Palitles East County Brentwood x x East C®un Oakley x West County. El Cerrito x x West Countv Hercules x West County Pinole x LamorindalSouth County drinda x X LamorindatSouth County Mora ja x x Central/North County. Clayton Countywide I Flood Control district x Minimum of seven members per'fiscai''year • EXHIBIT `'B" CONTRA COSTA CLEAN WATER PROGRAM GROUP COST METHODOLOGY & ALLOCATION FOR THE 2003/04 FISCAL YEAR ENTITY POPULATION PRORATA SHARE BUDGET OF GROUP COSTS ALOCATION ANTI'OCH 96,700 9.85% 263,120 BRENTWOOD 29,650 3.02% 80,678 CLAYTON 11,000 1.12% $ 29,931 CONCORD 123,900 12.62%0 $ 337,131 DANVILLE 43,(}40 4.38% $ 117,003 EL CERRITO 23,500 2.39% $ 63,943 HERCULES 20,150 2.05% $ 54,828 LAEAYETTE 24,4GO 2.49% $ 66,392 MARTINEZ 36,700 3.74% $ 99,861 MORAGA 15,500 1.68% $ 44,896 OAKLEY 26,150 2.66% $ 71,154 ORINDA 17,850 1.82% $ 48,570 PINOLE 19,450 1.98% $ 52,923 PITTSBURG 59,900 61.10% $ 162,988 PLEASANT HILL 33,350 3.40% $ 90,745 RICHMOND 101,100 10.30% $ 275,093 SAN PABLO 30,900 3.15% $ 84,079 SAN RAMON 46,250 4.71% $ 125,846 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. . Prorata share not based on population, but as a direct financial contribution. Dated: lW 3 E5 CITY OF ANTIOCH By� Its: `n �t't,a APPROVED AS TO FORM: By: tr Attorney Dated: s� CITY OF BRENTWOOD By: �f APPRQVfD AS TO FORM: By: , Attorney Dated: - , CITY OF CLAYTON By: f Its: ctw AP'P'ROVED AS TO FORM; By: .. Attorney Dated: 16 -0,6 CITY OF CONCORD By: APPROVED AS TO FORM: By orney Datedw COUNTY OF CONTRA COSTA By: Its: AP'PROV'ED AS TO FORM: By at w ttorney D ed: TOWN OF DANVILLE B Its: AP UED AS By: > Attorney Gated: CITY OF EL CERRITO By: Its: e e-.-� APPR D AS TC3' RM: Attorney Dat(cv� CITY OF HERCULES By: Its: APP'ROV AS By: Attorney -9 2- Dated: s CITY OF LAFAYETTE Its: _ C. t-TLI AAAWA - - APPROVED AS TD RM: By: Attorn y Dated: ' ii' CITY OF MARTINET By, Its: / .� 4w . ;�,1Y f ,f •,°: ''2!;fi ' APPROVED TOAt'ORM: By: r 'ey Dated: ' f TOWNOF MORAGA Its: APPROVED AS TO FORAM: By: Attorney Dated: !• $• 2p6d CITY OF OAKLEY By: = Its: a + APPROVED AS TO FORM: By: Attorney Dated: (t ti CITY OF ORINDA By: its: _C/tr . APPROVED AS T By: Attorney' -13- Dated: ' tx CITY OF PINOLE' By , " r` Its: APPROVED AS TO FORM Y: Attorney Crated:� CITY OF PITTSBURG By: Its: APPROVE `S TCJ' RM: By: Attorney Dated: 7-- 1�-63 CITY OF PLEASANT HILL By: Its: E; APPROVED AS TO FORM: By: Attorney Dated: 3.- iy CITY OF RICHMOND By: ;� , Its: �.. APPROVE AS TO F ;M- B: Attorney -14- ............................................. Dated:— C f CITY OF SAN PABLC? By: Its: APPROVED4STO FORM: Attorney Dated: 7 CITY OF SAKI RA ON By: Its: ` AP VED AS TO FORM: Atte Dated: CITY OF WALNUT CREEK'> By: Its: C4 r A9 vt4-r&l- APP I as T Ffllnn: By Attorney WP:\...WPDES\ContracWGalstan.agr g:Word\...\NPt7£S\Contracts\Galstanagr.doc 07/14198 G:YGrpData\NPDES\C C Clean Water Program Agreement\Program Agreement 2003.2010Tinal Progam Agreement 20032010.doe 5/1103 316/00 09/33198