HomeMy WebLinkAboutMINUTES - 06032003 - C24 TO: BOARD O F SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA CC1UN?'I'AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT
FROM: MAURICE M. SHIU,CHIEF ENGINEER
DATE: June 3, 2003
SUBJECT: Joint Exercise of Powers Agreement with Alameda County Public Works Agency,Zone 7-Alameda
County Flood Control and Water Conservation District, City of Antioch, City of Concord, and
Contra Costa County Public Works Department for development and implementation of an aquatic
pesticide monitoring plan under the Emergency General Permit for Discharges of Aquatic Pesticides.
SPECIFIC REQUFST(S)OR RECOMMENDATION(l)&BACKGROI ND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Joint Exercise Of
Powers Agreement (JEPA)with Alameda County Public Works Agency,Zone 7-Alameda County
Flood Control and Water Conservation District,City of Antioch,City of Concord,and Contra Costa
County Public Works Department for development and implementation of an aquatic pesticide
monitoring plan under the State Water Resources Control Board Emergency General Permit for
Discharges of Aquatic Pesticides. (County Clean Water Stormwater Utility Assessment Funds).
II. Fiscal Impact:
No impact to the County General Fund.(County Clean Water Stormwater Utility Assessment Funds).
r ,
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
4PROVE �.:..#OTHER
SIGNATURE (S):
ACTION OF B A ON JUNE 03, 2(}03WPR0VED AS RFCOMMENDED�OTHER
VOTE OF SUPERVISORS
__2LX UNANIMOUS(ABSENT �1�E �{_}
AYES: NOES:
ABSENT: ABSTAIN:
NS DISTRICT IIT SEAT VACANT
G:iGrpl7ata1FldCtl�Administration\BoardChders\2QQ3 I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of
BC?1RPMP3EPA 6-3-03.dac
Orig.Div: Public Warks(County Clean.Water) Supervisors on the date shown.
Contact: Nancy Stein(3132285)
cc: County Administrator ATTESTED: JUNE 03, _2003_
County Counsel JOHN SWEETEN, Clerk of the Board of Supervisors and
County Assessor County Administrator
County Treasurer-Tax Collector
County Auditor/Controller
Public Works By s� x Deputy
M.Avalon,Deputy Public Works Director
Accounting
Steve Wright
SUBJECT: Joint Exercise of Powers Agreement for Alameda & Contra Costa County Regional
Aquatic Pesticide Monitoring Plan.
DATE: June 3, 2003
PAGE: 2
III. Reasons for Recommendations and Background:
In order to comply with the Statewide general National Pollutant Discharge Elimination System
requirements under an Emergency Permit for Discharge of Aquatic Pesticide,Contra Costa County Public
Works Department,Alameda County Public Works Agency, Zone 7-Alameda County Flood Control and
Water Conservation District, the City of Antioch and the City of Concord are entering into an agreement
(TEPA) to apportion the costs related to the development and implementation of an aquatic pesticide
monitoring plan as required under the permit.
IV. Consequences of Negative Action-
If the
ction:Ifthe District does not process the JEPA,the County and the other entities will not be in compliance with the
Statewide Regional Water Quality Control Board and will not be able to share the cost of monitoring for the
Emergency General Permit for Discharge of Aquatic Pesticides.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY, ALAMEDA COUNTY PUBLIC WORKS
AGENCY, ZONE 7 —ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, THE CITY OF ANTIOCH, AND THE CITY OF
CONCORD TO DEVELOP A MONTORING PLAN AND IMPLEMENT
MONITORING FOR OUR AQUATIC PESTICIDE PERMITS UNDER THE
REGIONAL WATER QUALITY CONTROL BOARDS
This AGREEMENT is entered into on the 3rd day of JUNE , 2003, among the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California, herein
referred to as "CONTRA COSTA," the ALAMEDA COUNTY PUBLIC WORKS AGENCY,
a political subdivision of the State of California, hereinafter referred to as "ALAMEDA,"the
ZONE 7 - ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a body, corporate and politic, hereinafter referred to as "ZONE 7,,, the CITY
OF ANTIOCH, a municipal corporation, hereinafter referred to as the "CITY OF
ANTIOCH," and the CITY OF CONCORD, a municipal corporation, herein referred to as
the "CITY OF CONCORD," pursuant to Government Code section 6500, and following,
and who mutually agree and promise as follows:
The parties to this Joint Exercise of Powers Agreement (JEPA) mutually agree and
promise as follows:
1. Purpose and Scope of Werk_
A. Form the Aquatic Pesticide Monitoring Plan Committee to coordinate
preparation of an Aquatic Pesticide Monitoring Plan for the San Francisco
Bay Regional Water Quality Control Board and the Central Valley Regional
Water Quality Control Board.
B. Hire a contract consultant(s) to prepare an Aquatic Pesticide Monitoring
Plan.
C. Implement an Aquatic Pesticide Monitoring Plan in accordance with San
Francisco Bay and Central Valley Regional Water Quality Control Board
requirements and in accordance with the decisions of the Aquatic Pesticide
Monitoring Plan Committee.
D. Provide adequate monitoring and reporting required under the Statewide
General National Pollutant Discharge Elimination System permit, #CA
G990003.
2. Reapnnsibilitl .s of tht CITY OF ANT�,_the-CITY QE MISICORD, ALAMEDA
7 N 7_and CONTRA COSTA.
A. The CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA and ZONE 7
shall:
1
(1) Participate in Aquatic Pesticide Monitoring Plan Committee
meetings, and assist in developing, reviewing, commenting on, and
approving the committees work products.
(2) Authorize CONTRA COSTA to enter into consultant contracts under
this JEPA for the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, and ZONE 7.
B. CONTRA COSTA shall:
(1) Act as the lead agency in charge of the Aquatic Pesticide Monitoring
Plan Committee meetings, and prepare and distribute minutes of
these meetings.
(2) Enter into agreements with the selected consultant(s), and
administer the contract for completion of the Aquatic Pesticide
Monitoring Plan.
(3) Distribute copies of the fully executed consultant contract, consultant
invoices, invoice summaries, and billings to each entity that is
participating in this JEPA.
(4) Distribute Aquatic Pesticide Monitoring Plan reports to each party to
this JEPA for review, signature, and submittal to the Central Valley
and the San Francisco Bay Regional Water Quality Control Boards.
3. Financial Rpspnnfiibilit;.
A. CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, and ZONE 7 shall:
(1) Pay their share of all consultant contract costs incurred by CONTRA
COSTA for administration, development, review and approval of the
consultant contract for the Aquatic Pesticide Monitoring Plan. Each
of the parties to this JEPA shall be responsible for one-fifth share of
the estimated $57,000 cost for the Aquatic Pesticide Monitoring Plan
and the preparation of the 2002 Annual Report in accordance with
the cost estimate in Exhibit A. Payments shall be made to CONTRA
COSTA.
(2) Deposit with CONTRA COSTA an equal one-fifth share of the
estimated cost of the Aquatic Pesticide Monitoring Plan as estimated
in Exhibit A, which is attached hereto and incorporated herein, within
10 working days of execution of this JEPA by all parties.
(3) Each Agency shall pay their:
2
a) Own agency costs associated with their individual
participation in this JEPA.
b) Indicated share of the total cost of monitoring and testing for
each pesticide it utilizes, as described in the attached table in
Exhibit B.
B. CONTRA COSTA shall:
(1) Direct the Contra Costa County Public Works Director/General
Manager and the Centra Costa County Auditor/Controller to establish
a trust fund for this JEPA and that the Contra Costa County
Treasurer invest said deposited revenue contributed by the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7 and
CONTRA COSTA with interest on the remaining balance to accrue in
the trust fund.
(2) Pay the contracted consultant(s), from money within the trust fund
established for this JEPA, contributed by the CITY OF ANTIOCH,
the CITY OF CONCORD, ALAMEDA, ZONE 7 and CONTRA
COSTA.
(3) Credit simple interest generated by the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA, and ZONE 7 from funds
deposited with CONTRA COSTA to the CITY OF ANTIOCH, CITY
OF CONCORD, ALAMEDA, and ZONE 7 accounts.
(4) Prepare and submit billings and an accounting of costs to the parties
in this JEPA within 30 days of contracted consultant(s) submittal of
final invoices. Payment for any additional amount awed to CONTRA
COSTA, if any, shall be made no later than forty-five (45) days after
the date of billing by CONTRA COSTA. If the CITY OF ANTIOCH,
the CITY OF CONCORD, ALAMEDA, or ZONE 7 costs are less than
the deposit paid, the excess shall be refunded to the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, and ZONE 7 within
ninety days of the last CONTRA COSTA payment to the
consultant(s).
C. Terminate, in writing, with 30 days notice, CONTRA COSTA the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, and/or ZONE 7 from this
JEPA if that party fails to meet the deposit deadline and pay its share of
costs as required under, SECTION 3.A., and SECTION 3.13 in this JEPA.
4. Inst1raoc!a and Hold Harless
A. The contract documents for consultant contracts) shall include provisions
requiring the successful bidder to:
(1) Secure and maintain in full force and effect, during the existence of
3
this JEPA and the, consultant contract worker's compensation and public
liability and property damage insurance in forms and limits of liability
satisfactory to the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, ZONE 7, and CONTRA COSTA, naming the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7, and CONTRA
COSTA, their governing bodies, officers, agents, and employees as
additional insured. The consultant shall indemnify, defend, and hold
harmless each of the participating entities from all claims, suits, actions, or
liability arising out of its performance of the consultant contract(s).
(2) Promise to hold harmless and indemnify the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA and ZONE 7, its governing body, officers,
agents, and employees from liability to the same extent as promised to
CONTRA COSTA.
The aforementioned policies shall contain a provision that the insurance
afforded thereby to the additional insureds shall be primary insurance to the
full limits of the policy. If any of the additional insureds has other insurance
or self-insurance against a loss covered by such policy, such insurance or
self-insurance shall be excess insurance only. Before beginning work
under the consultant contract, the consultant shall submit to CONTRA
COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA,
and ZONE 7, a certificate of insurance issued by the insurer evidencing the
required coverage and requiring the carrier to give at least thirty (30) days
written notice to CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7, of any cancellation, non-renewal, or
material modification of the policy. CONTRA COSTA shall be responsible
for ensuring that this requirement has been met before authorizing the
consultant work to proceed. CONTRA COSTA shall obtain additional
insured certificates or other written evidence satisfactory to parties to this
JEPA and confirming that these parties have been named as additional
insureds on each of the liability policies.
B. Neither CONTRA COSTA, nor any officer, agent, or employee thereof, shall
be responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or ZONE 7 in connection with any work
delegated to the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7 under this JEPA, and to the extent not covered by the
above described insurance the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or ZONE 7 shall defend, indemnify, save, and
hold harmless CONTRA COSTA, its governing body, officers, agents, and
employees, from the same, except as provided otherwise in Section 6
below.
C. Neither the CITY OF ANTIOCH, nor any officer, agent, or employee thereof,
shall be responsible for any damage or liability occurring by reason of
anything done, or omitted to be done by the CITY OF CONCORD,
ALAMEDA, ZONE 7 and/or CONTRA COSTA in connection with any work
delegated to the CITY OF CONCORD, ALAMEDA, ZONE 7 and/or
4
CONTRA COSTA under this JEPA, and to the extent not covered by the
above described 'insurance the CITY OF CONCORD, ALAMEDA, ZONE 7
and CONTRA COSTA shall defend, indemnify, save, and bold harmless the
CITY OF ANTIOCH, its governing body, officers, agents, and employees,
from the same, except as provided otherwise in Section 6 below.
D. Neither the CITY OF CONCORD, nor any officer, agent, or employee
thereof, shall be responsible for any damage or liability occurring by reason
of anything done, or omitted to be done by the CITY OF ANTIOCH,
ALAMEDA, ZONE 7 and/or CONTRA COSTA in connection with any work
delegated to the CITY OF ANTIOCH, ALAMEDA, ZONE 7 and/or CONTRA
COSTA under this JEPA, and to the extent not covered by the above
described insurance the CITY OF ANTIOCH, ALAMEDA, ZONE 7 and
CONTRA COSTA shall defend, indemnify, save, and hold harmless the
CITY OF CONCORD, its governing body, officers, agents, and employees,
from the same, except as provided otherwise in Section 6 below.
E. Neither ALAMEDA, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF
CONCORD, ZONE 7 and/or CONTRA, COSTA in connection with any work
delegated to the CITY OF ANTIOCH, the CITY OF CONCORD, ZONE 7
and/or CONTRA COSTA under this JEPA, and to the extent not covered by
the above described insurance the CITY OF ANTIOCH, the CITY OF
CONCORD, ZONE 7 and CONTRA COSTA shall defend, indemnify, save,
and hold harmless the ALAMEDA, its governing body, officers, agents, and
employees, from the same, except as provided otherwise in Section 6
below.
F. Neither ZONE 7, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or CONTRA COSTA in connection with any
work delegated to the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA and/or CONTRA COSTA under this JEPA, and to the extent not
covered by the above described insurance the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA and CONTRA COSTA shall defend,
indemnify, save, and hold harmless the ZONE 7, its governing body,
officers, agents, and employees, from the same, except as provided
otherwise in Section 6 below.
O. The CITY OF ANTIOCH acknowledges that entry into the aquatic
pesticide sampling and testing zones carries with it a certain risk and
agrees to release CONTRA COSTA, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, the CITY OF ANTIOCH's
representative(s) while present in the construction area, except for liability
resulting from the negligence or willful misconduct of the CONTRA
COSTA, the CITY OF CONCORD, ALAMEDA and/car ZONE 7.
5
H. The CITY OF CONCORD acknowledges that entry into the aquatic
pesticide sampling and testing zones carries with it a certain risk and
agrees to release CONTRA COSTA, the CITY OF ANTIOCH, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, the CITY OF CONCORD's
representative(s) while present in the construction area, except for liability
resulting from the negligence or willful misconduct of CONTRA COSTA,
the CITY OF ANTIOCH, ALAMEDA and/or ZONE 7.
1. ALAMEDA acknowledges that entry into the aquatic pesticide samplings
and testing zones carries with it a certain risk and agrees to release
CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, ALAMEDA representative(s)while
present in the construction area, except for liability resulting from the
negligence or willful misconduct of the CONTRA COSTA, the CITY OF
ANTIOCH, the CITY OF CONCORD and/or ZONE 7.
J. ZONE 7 acknowledges that entry into the aquatic pesticide sampling and
testing zones carries with it a certain risk and agrees to release CONTRA
COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD and/or
ALAMEDA, their officers, employees, consultants, and agents from any
liability for death of, or injury to, ZONE 7 representative(s)while present in
the construction area, except for liability resulting from the negligence or
willful misconduct of the CONTRA COSTA, the CITY OF ANTIOCH, the
CITY OF CONCORD and/or ALAMEDA.
K. CONTRA COSTA acknowledges that entry into the aquatic pesticide
sampling and testing zones carries with it a certain risk and agrees to
release the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents, from
any liability for death or, or injury to, CONTRA COSTA representative(s)
while present in the construction area, except for liability resulting from the
negligence or willful misconduct of the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA and/or ZONE 7.
L. Nothing in this JEPA is intended or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
5. Acre t an .P. CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7 shall conduct a final review of the Water
Quality Monitoring Plan, the Training Manual, and the 2002 Annual Report when
completed. After the CITY OF ANTIOCH, CITY OF CONCORD, ALAMEDA,
and/or ZONE 7 have determined that the work performed by the contractor has
been completed to their satisfaction, CONTRA COSTA shall determine satisfaction
and accept the Water Quality Monitoring Plan, the Training Manual, and the 2002
Annual Report as complete for itself and for, the CITY OF ANTIOCH, CITY OF
CONCORD, ALAMEDA, and ZONE 7. The CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7 shall not unreasonably withhold or delay its
6
...............................
determination of the Water Quality Monitoring Plan, the Training Manual and the
2002 Annual Report completion.
6. Sainte ae. The CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA,
ZONE 7 and CONTRA COSTA shall be responsible for their own spraying, Aquatic
Pesticide Permits, permit fees, Notice of Intent to obtain an Aquatic Pesticide
Permit, California Department of Pesticide Regulation licensure, fines, mitigation
contract, monthly and annual reporting as described in the Regional Pesticide
Monitoring Program (RPMP)final draft, and notification to consultant{s}for efficient
testing schedules. After the Water Quality Monitoring Plan, the Training Manual
and the 2002 Annual Report are formally accepted by CONTRA COSTA, the CITY
OF ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7, AND CONTRA
COSTA, the entities shall use this information independently or together to
implement their Aquatic Pesticide Monitoring Programs, for utilization of aquatic
pesticides under their own Aquatic Pesticide Permits. They shall assume total
responsibility for the accuracy and suitability of this information and shall defend,
indemnify, save and hold harmless CONTRA COSTA, its governing body, officers,
agents and employees, against all claims, suits, actions, or liability that arises
relating to the utilization of this information. Each entity participating in the JEPA
shall indemnify, defend and hold harmless each other party, its governing body,
officers, employees and agents against or from all claims, suits, actions or liability
arising from that party's utilization of information obtained under this JEPA.
7. estri inns Pursuant to Government Code Section 6509, the powers of the
parties under this JEPA shall be subject to the restrictions on such powers
applicable to CONTRA COSTA.
8. Accn }n ability. As required by Government Code Section 6505, CONTRA COSTA
shall provide strict accountability of all funds received and disbursed under this
.TEPA.
9. Aureem .nt Modification. This JEPA shall be subject to modification only with the
written consent of the legislative bodies of all parties. No party shall
unreasonably withhold its consent to modification for the implementation and
accomplishment of the overall purpose for which this JEPA is made.
In the event that a new agency desires to join and participate in this JEPA, that
new member shall:
A. Identify a point of contact who will be responsible for the new member's
involvement in the RPMP,
B. Pay an initial fee of$10,000,
C. Pay up to $5,000 for the existing contracted consultant(s) to compile and
review data, and prepare an amended RPMP reflecting the addition of the
new member,
D. Pay an equal "per member" share of the cost of RPMP implementation,
including, but not limited to surfacewater sampling and analysis and
reporting,
E. Insure and hold-harmless existing members of the group, to the extent that
these existing members are obligated to each other, and
7
F. Attend all meetings and provide data as needed in a timely manner for
execution of the RPMP.
% Agrae ent Terming iron. Termination of this JEPA by any party shall be subject to
approval of all parties to this JEPA. In the event the emergency permit is extended,
the JEPA shall remain in tact. Sections 4.8, 4.C, 4.13, 4.E, 4.F, 4.G, 4.1-1, 4.1, 4.J,
4.K, 41 and 6 shall survive termination of this JEPA.
11. Agreamprit Expiration, This JEPA will remain in tact in the event that the
emergency permit is extended beyond the existing expiration date of January 31,
2404, and will expire only when all final billings and final payments have been
made by the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7,
and CONTRA COSTA.
12. F;ttr Agreement. This JEPA contains the entire understanding of the parties
relating to the subject matter of this JEPA. Any representation or promise of the
parties relating to the project shall not be enforceable unless it is contained in this
JEPA or in a subsequent written modification of this JEPA executed by the
legislative bodies of all parties.
8
EXHIBIT A
COST ESTIMATE
ITEM DESCRIPTION QUANTITY UNITS UNIT AMOUNT
NO. COST
1 t'.OSI F-STIMAIF FOR yAlI - I LS LS $57,000
PFSI[ I MONPTORIbir, tAN AND
2 COST ESTIMATE FOR 1 LS LS $63,000
IMPLEMENTATION OF THE AQUATIC
PESTICIDE-MONITORING N
TOTAL COST $120,000
INDIVIDUAL AGENCY SHARE
$24,00
9
EXHIBIT B
Year 2002 Year 2003 Lab Amsu nt f Tn aI
Sample Location Sample Analysis Lab Cost Cost(1)
US $170.00 $195.50
DS Int $17000 $195.50
lamella Cr. FD Glyphosate $170.00 $195.50 Total Al Co: $977.50 2U
FB $170.00 $195.50
DS Fnl $170.00 $195.50
Arroyo De La us $170.00 $195.50
Laguna DS Int Glyphosate $170.00 $195.50 Total Zane 7: $586.50 12.2
DS Fnl $170.00 $195.50
Us $170.00 $195.50
ine Creek DS Int Glyphosate $170.00 $195.50
DS Fnl $170.00 $195.50 otal CC Co. $1,897.50 39.5
US $40.00 $46.00
rine Creek DS int Copper $40.00 $46.00
DS Fnl $40.00 $46.00
US $170.00 $195.50
DS Int Glyphosate $170,00 $195.50
Marsh Creek DS Fnl $170.00 $195.50
US $170.00 $195.50
DS Int 2,4-D $170.00 $195.50
DS Fnl 1 $170.00 $195.50 Total Antioch: $586.50 12,2
us $170.00 $195.50
Antioch Creek D5 Int Glyphosate $170.00 $196.50
DS Fnl $170.00 $195.50
IL $180.00 $207.00
Ellis Lake OL Int Endothall $180,00 $207.00
OL Fni $180.00 $20700 otal Concord: $759.00 15.8
IL $40.00 $46.00
Ellis Lake OL Int Copper $40.00 $46.00
OL Fnl $40.00 6,00
TO Lab: 14,180.Og 807.0 $4,807 100
,rotes.
(1)Assumes 15% increase from Year 2002.
(2)Assumes a cost of$0.31/Mile
Assumes that cast for Yr 2002 sampling is borne by Blankenship Contract and that 2002 lab costs and all 2003
Costs are borne by Dischargers
GAGrpData\FldCtMPDESIAquatic Herbicide\JEPAfinal.doc
10
TBPA between Contra Costa County, Alameda County Public Works Agency, Zone7-
Alameda County Flood Control and Water Conservation District, City of Antioch and the
City of Concord to Develop a Monitoring Plan and Implement Monitoring for Aquatic
Pesticide Permits Under the Regional Water Quality Control Boards
Signature Page 1 of 5
CONTRA COSTA COUNTY PUBLIC
WORKS DEPARTMENT
By
Chair, Board of Supervisors
ATTEST: ,;UNE 03 , 2003
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By
eputy
Recommend for Approval:
Maurice M. Shiu,
Public Works Director
By
Form Approved:
Silvano B.Marchesi
County Counsel
a
By
Deputy
Page 1 of 5
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY, ALAMEDA COUNTY PUBLIC WORKS
AGENCY, ZONE 7 —ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, THE CITY OF ANTIOCH, AND THE CITY OF
CONCORD TO DEVELOP A MONTORING PLAN AND IMPLEMENT
MONITORING FOR OUR AQUATIC PESTICIDE PERMITS UNDER THE
REGIONAL WATER QUALITY CONTROL BOARDS
This AGREEMENT is entered into on the Mrd day of JUNE , 2003, among the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California, herein
referred to as "CONTRA COSTA,,, the ALAMEDA COUNTY PUBLIC WORKS AGENCY,
a political subdivision of the State of California, hereinafter referred to as "ALAMEDA,"the
ZONE 7 y ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a body, corporate and politic, hereinafter referred to as "ZONE 7," the CITY
OF ANTIOCH, a municipal corporation, hereinafter referred . to as the "CITY OF
ANTIOCH," and the CITY OF CONCORD, a municipal corporation, herein referred to as
the "CITY OF CONCORD,,, pursuant to Government Code section 6500, and following,
and who mutually agree and promise as follows:
The parties to this Joint Exercise of Powers Agreement (JEPA) mutually agree and
promise as fellows:
I. Purpose andScQpe of Work_
A. Form the Aquatic Pesticide Monitoring Plan Committee to coordinate
preparation of an Aquatic Pesticide Monitoring Plan for the San Francisco
Bay Regional Water Quality Control Board and the Central Valley Regional
Water Quality Control Board.
B. Hire a contract consultant(s) to prepare an Aquatic Pesticide Monitoring
Plan.
C. Implement an Aquatic Pesticide Monitoring Plan in accordance with San
Francisca Bay and Central Valley Regional Water Quality Control Board
requirements and in accordance with the decisions of the Aquatic Pesticide
Monitoring Plan Committee.
D. Provide adequate monitoring and reporting required under the Statewide
General National Pollutant Discharge Elimination System permit, #CA
G9g0003.
2. Responsibilities of the CITY OE ANTIOCH, the CIT-Y QF CONCORD, ALAMEDA.
ZQ�F and CONIRA COSTA
A. The CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA and ZONE 7
shall:
'1
(1) Participate in Aquatic Pesticide Monitoring Plan Committee
meetings, and assist in developing, reviewing, commenting on, and
approving the committees wont products.
(2) Authorize CONTRA COSTA to enter into consultant contracts under
this JEPA for the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, and ZONE 7.
B. CONTRA COSTA shall:
(1) Act as the leadagency in charge of the Aquatic Pesticide Monitoring
Plan Committee meetings, and prepare and distribute minutes of
these meetings..
(2) Enter into agreements with the selected consultant(s), and
administer the contract for completion of the Aquatic Pesticide
Monitoring Plan.
(3) Distribute copies of the fully executed consultant contract, consultant
invoices, invoice summaries, and billings to each entity that is
participating in this JEPA.
(4) Distribute Aquatic Pesticide Monitoring Plan reports to each party to
this JEPA for review, signature, and submittal to the Central Valley
and the San Francisco Bay Regional Water Quality Control Boards.
3. Einan vial Re,,spnnsiili v
A. CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, and ZONE 7 shall:
(1) Pay their share of all consultant contract costs incurred by CONTRA
COSTA for administration, development, review and approval of the
consultant contract for the Aquatic Pesticide Monitoring Plan. Each
of the parties to this JEPA shall be responsible for one-fifth share of
the estimated $57,000 cost for the Aquatic Pesticide Monitoring Plan
and the preparation of the 2002 Annual Report in accordance with
the cost estimate in Exhibit A. Payments shall be made to CONTRA
COSTA.
(2) deposit with CONTRA COSTA an equal one-fifth share of the
estimated cost of the Aquatic Pesticide Monitoring Plan as estimated
in Exhibit A, which is attached hereto and incorporated herein, within
10 wonting days of execution of this ,JEPA by all parties.
(3) Each Agency shall pay their:
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a) Own agency costs associated with their individual
participation in this JEPA.
b) Indicated share of the total cast of monitoring and tasting for
each pesticide it utilizes, as described in the attached table in
Exhibit B.
B. CONTRA COSTA shall:
(1) Direct the Contra Costa County Public Works Director/General
Manager and the Contra Costa County Auditor/Controller to establish
a trust fund for this .TEPA and that the Contra Costa County
Treasurer invest said deposited revenue contributed by the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7 and
CONTRA COSTA with interest on the remaining balance to accrue in
the trust fund.
(2) Pay the contracted consultant(s), from money within the trust fund
established for this JEPA, contributed by the CITY OF ANTIOCH,
the CITY OF CONCORD, ALAMEDA, ZONE 7 and CONTRA
COSTA.
(3) Credit simple interest generated by the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA, and ZONE 7 from funds
deposited with CONTRA COSTA to the CITY OF ANTIOCH, CITY
OF CONCORD, ALAMEDA, and ZONE 7 accounts.
(4) Prepare and submit billings and an accounting of costs to the parties .
in this JEPA within 30 days of contracted consultant(s) submittal of
final invoices. Payment for any additional amount awed to CONTRA
COSTA, if any, shall be made no later than forty-five (45) days after
the date of billing by CONTRA COSTA. If the CITY OF ANTIOCH,
the CITY OF CONCORD, ALAMEDA, or ZONE 7 costs are less than
the deposit paid, the excess shall be refunded to the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, and ZONE 7 within
ninety days of the last CONTRA COSTA payment to the
consultant(s).
C. Terminate, in writing, with 30 days notice, CONTRA COSTA the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, and/or ZONE 7 from this
JEPA if that party fails to meet the deposit deadline and pay its share of
costs as required under, SECTION 3.A., and SECTION 3.13 in this JEPA.
4. In uranr,.e And Hold Harmless.
A. The contract documents for consultant contract(s) shall include provisions
requiring the successful bidder to:
(1) Secure and maintain in full force and effect, during the existence of
3
this JEPA and the, consultant contract worker's compensation and public
liability and property damage insurance in forms and limits of liability
satisfactory to the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA, ZONE 7, and CONTRA COSTA, naming the CITY OF
ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7, and CONTRA
COSTA, their governing bodies, officers, agents, and employees as
additional insured. The consultant shall indemnify, defend, and hold
harmless each of the participating entities from all claims, suits, actions, or
liability arising out of lis performance of the consultant contract(s).
(2) Promise to hold harmless and indemnify the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA and ZONE 7, its governing body, officers,
agents, and employees from liability to the same extent as promised to
CONTRA COSTA.
The aforementioned policies shall contain a provision that the insurance
afforded thereby to the additional insureds shall be primary insurance to the
full limits of the policy. If any of the additional insureds has other insurance
or self-insurance against a loss covered by such policy, such insurance or
self-insurance shall be excess insurance only. Before beginning work
under the consultant contract, the consultant shall submit to CONTRA
COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA,
and ZONE 7, a certificate of insurance issued by the insurer evidencing the
required coverage and requiring the carrier to give at least thirty (30) days
written notice to CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7, of any cancellation, non-renewal, or
material modification of the policy. CONTRA COSTA shall be responsible
for ensuring that this requirement has been met before authorizing the
consultant work to proceed. CONTRA COSTA shall obtain additional
insured certificates or other written evidence satisfactory to parties to this
JEPA and confirming that these parties have been named as additional
insureds on each of the liability policies.
B. Neither CONTRA COSTA, nor any officer, agent, or employee thereof, shall
be responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or ZONE 7 in connection with any work
delegated to the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7 under this JEPA, and to the extent not covered by the
above described insurance the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or ZONE 7 shall defend, indemnify, save, and
hold harmless CONTRA COSTA, its governing body, officers, agents, and
employees, from the same, except as provided otherwise in Section 6
below.
C. Neither the CITY OF ANTIOCH, nor any officer, agent, or employee thereof,
shall be responsible for any damage or liability occurring by reason of
anything done, or omitted to be done by the CITY OF CONCORD,
ALAMEDA, ZONE 7 and/or CONTRA COSTA in connection with any work
delegated to the CITY OF CONCORD, ALAMEDA, ZONE 7 and/or
CONTRA COSTA under this JEPA, and to the extent not covered by the
above described insurance the CITY OF CONCORD, ALAMEDA, ZONE 7
and CONTRA COSTA shall defend, indemnify, save, and hold harmless the
CITY OF ANTIOCH, its governing body, officers, agents, and employees,
from the same, except as provided otherwise in Section 6 below.
D. Neither the CITY OF CONCORD, nor any officer, agent, or employee
thereof, shall be responsible for any damage or liability occurring by reason
of anything done, or omitted to be done by the CITY OF ANTIOCH,
ALAMEDA, ZONE 7 and/or CONTRA COSTA in connection with any work
delegated to the CITY OF ANTIOCH, ALAMEDA, ZONE 7 and/or CONTRA
COSTA under this JEPA, and to the extent not covered by the above
described insurance the CITY OF ANTIOCH, ALAMEDA, ZONE 7 and
CONTRA COSTA shall defend, indemnify, save, and hold harmless the
CITY OF CUNCORD, its governing body, officers, agents, and employees,
from the same, except as provided otherwise in Section 6 below.
E. Neither ALAMEDA, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF.
CONCORD, ZONE 7 and/or CONTRA COSTA in connection with any work
delegated to the CITY OF ANTIOCH, the CITY OF CONCORD, ZONE 7
and/or CONTRA COSTA under this JEPA, and to the extent not covered by
the above described insurance the CITY OF ANTIOCH, the CITY OF
CONCORD, ZONE 7 and CONTRA COSTA shall defend, indemnify, save,
and hold harmless the ALAMEDA, its governing body, officers, agents, and
employees, from the same, except as provided otherwise in Section 6
below.
F. Neither ZONE 7, nor any officer, agent, or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything
done, or omitted to be done by the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and/or CONTRA COSTA in connection with any
work delegated to the CITY OF ANTIOCH, the CITY OF CONCORD,
ALAMEDA and/or CONTRA COSTA under this JEPA, and to the extent not
covered by the above described insurance the CITY OF ANTIOCH, the
CITY OF CONCORD, ALAMEDA and CONTRA COSTA shall defend,
indemnify, save, and hold harmless the ZONE 7, its governing body,
officers, agents, and employees, from the same, except as provided
otherwise in Section 6 below.
G. The CITY OF ANTIOCH acknowledges that entry into the aquatic
pesticide sampling and testing zones carries with it a certain risk and
agrees to release CONTRA COSTA, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, the CITY OF ANTIOCH's
representative(s) while present in the construction area, except for liability
resulting from the negligence or willful misconduct of the CONTRA
COSTA, the CITY OF CONCORD, ALAMEDA and/or ZONE 7.
5
H. The CITY OF CONCORD acknowledges that entry into the aquatic
pesticide sampling and testing zones carries with it a certain risk and
agrees to release CONTRA COSTA, the CITY OF ANTIOCH, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, the CITY OF CONCORD°s
representative(s)while present in the construction area, except for liability
resulting from the negligence or willful misconduct of CONTRA COSTA,
the CITY OF ANTIOCH, ALAMEDA and/or ZONE 7.
I. ALAMEDA acknowledges that entry into the aquatic pesticide samplings
and testing zones carries with it a certain risk and agrees to release
CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD
and/or ZONE 7, their officers, employees, consultants, and agents from
any liability for death of, or injury to, ALAMEDA representative(s)while
present in the construction area, except for liability resulting from the
negligence or willful misconduct of the CONTRA COSTA, the CITY OF
ANTIOCH, the CITY OF CONCORD and/or ZONE 7.
J. ZONE 7 acknowledges that entry into the aquatic pesticide sampling and
testing zones carries with it a certain risk and agrees to release CONTRA
COSTA, the CITY OF ANTIOCH, the CITY OF CONCORD and/or
ALAMEDA, their officers, employees, consultants, and agents from any
liability for death of, or injury to, ZONE 7 representative(s) while present in
the construction area, except for liability resulting from the negligence or
willful misconduct of the CONTRA COSTA, the CITY OF ANTIOCH, the
CITY OF CONCORD and/or ALAMEDA.
K. CONTRA COSTA acknowledges that entry into the aquatic pesticide
sampling and testing zones carries with it a certain risk and agrees to
release the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA
and/or ZONE 7, their officers, employees, consultants, and agents, from
any liability for death or, or injury to, CONTRA COSTA representative(s)
while present in the construction area, except for liability resulting from the
negligence or willful misconduct of the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA and/or ZONE 7.
L. Nothing in this JEPA is intended or shall be construed to affect the legal
liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
5. Acceplance, CONTRA COSTA, the CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7 shall conduct a final review of the Water
Quality Monitoring Plan, the Training Manual, and the 2002 Annual Report when
completed. After the CITY OF ANTIOCH, CITY OF CONCORD, ALAMEDA,
and/or ZONE 7 have determined that the work performed by the contractor has
been completed to their satisfaction, CONTRA COSTA shall determine satisfaction
and accept the Water Quality Monitoring Plan, the Training Manual, and the 2002
Annual Report as complete for itself and for, the CITY OF ANTIOCH, CITY OF
CONCORD, ALAMEDA, and ZONE 7. The CITY OF ANTIOCH, the CITY OF
CONCORD, ALAMEDA, and ZONE 7 shall not unreasonably withhold or delay its
6
determination of the Water Quality Monitoring Plan, the Training Manual and the
2002 Annual Report completion.
6. Maintenance. The CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA,
ZONE 7 and CONTRA COSTA shall be responsible for their own spraying, Aquatic
Pesticide Permits, permit fees, Notice of Intent to obtain an Aquatic Pesticide
Permit, California Department of Pesticide Regulation licensure, fines, mitigation
contract, monthly and annual reporting as described in the Regional Pesticide
Monitoring Program (RPM)final draft, and notification to consultant(s)for efficient
testing schedules. After the Water Quality Monitoring Plan, the Training Manual
and the 2002 Annual Report are formally accepted by CONTRA COSTA, the CITY
OF ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7, AND CONTRA
COSTA, the entities shall use this information independently or together to
implement their Aquatic Pesticide Monitoring Programs, for utilization of aquatic
pesticides under their own Aquatic Pesticide Permits. They shall assume total
responsibility for the accuracy and suitability of this information and shall defend,
indemnify, save and hold harmless CONTRA COSTA, its governing body, officers,
agents and employees, against all claims, suits, actions, or liability that arises
relating to the utilization of this information. Each entity participating in the JEPA
shall indemnify, defend and hold harmless each other party, its governing body,
officers, employees and agents against or from all claims, suits, actions or liability
arising from that party's utilization of information obtained under this JEPA.
7. R .stri . icons. Pursuant to Government Code Section 6509, the powers of the
parties under this JEPA shall be subject to the restrictions on such powers
applicable to CONTRA COSTA.
8. AA cQuntabilitv.. As required by Government Code Section 6505, CONTRA COSTA
shall provide strict accountability of all funds received and disbursed under this
JEPA.
9. Agreement Modification. This JEPA shall be subject to modification only with the
written consent of the legislative bodies of all parties. No party shall
unreasonably withhold its consent to modification for the implementation and
accomplishment of the overall purpose for which this JEPA is made.
In the event that a new agency desires to join and participate in this JEPA, that
new member shall:
A. Identify a point of contact who will be responsible for the new member's
involvement in the RPMP,
B. Pay an initial fee of$10,000,
C. Pay up to $5,000 for the existing contracted consultant(s) to compile and
review data, and prepare an amended RPMP reflecting the addition of the
new member,
D. Pay an equal "per-member" share of the cost of RPMP implementation,
including, but not limited to surfacewater sampling and analysis and
reporting,
E. Insure and hold-harmless existing members of the group, to the extent that
these existing members are obligated to each other, and
7
F. Attend all meetings and provide data as needed in a timely manner for
execution of the RPMP.
10, Agreement Tprmina icon. Termination of this JEPA by any party shall be subject to
approval of all parties to this JEPA. 1n the event the emergency permit is extended,
the JEPA shall remain in tact. Sections 4.13, 4.C, 4.D, 4.E, 4.F, 4.G, 4.1-1, 4.1, 4.J,
4.K, 41 and 6 shall survive termination of this JEPA.
11. Agreem t Fyniration This JEPA will remain in tact in the event that the
emergency permit is extended beyond the existing expiration date of January 31,
2004, and will expire only when all final billings and final payments have been
made by the CITY OF ANTIOCH, the CITY OF CONCORD, ALAMEDA, ZONE 7,
and CONTRA COSTA.
12. Fn it Q ement This JEPA contains the entire understanding of the parties
relating to the subject matter of this JEPA. Any representation or promise of the
parties relating to the project shall not be enforceable unless it is contained in this
JEPA or in a subsequent written modification of this JEPA executed by the
legislative bodies of all parties.
8
__ _ _ _ ..............._...
EXHIBIT A
COST ESTIMATE
ITEM DESCRIPTION QUANTITY UNITS UNIT I AMOUNT
NO. COST ! I
1 ST ESTIMNrEFOR AQUATIC 1 LS LS $57,000
I?.FSTICIi2F MONITORING, PLAN
2002 ANNUAL SEEORT
2 COST ESTIMATE FOR 1 LS LS $63,000
IMPLEMENTATION OF THE AQUATIC
{ PET IDE MONITORING LAN
TOTAL COST $120.000
INDIVIDUAL AGENCY SHAME
$24,0001
EXHIBIT B
Year 2002 Year 2003 Lab Amount °gin of Total
Sample Location Sample Analysis Lab Cost Cast(1)
us $170.00 $105.50
DS Int $170.00 $195.50
Alameda Cr. FD Glyphosate` $170.00 $195.50 Total Al Co: $977.50 24.3
FB $170.00 $195.50
DS Fni ! $170.00 $195.50
Arroyo De La US $170.00 $195.54
Laguna DS Int Glyphosate $170.00 $195.50 otal Zone 7: $586.54 12.2
DS Fnl $170.00 $195.50
Us # $170.00 $195.50
Bine Creek DS Int Glyphosate $170.40 $195.50
DS Fnl $170.00 $195.50 otal CC Co. $1,897.50 39.5
us $40.00 $46.00
Dine Creek Ds Int Copper $40.04 $46.44
DS Fnl $40.00 $46.00
us $170.00 $195.50
DS Int Glyphosate. $170.00 $195.50
Marsh Creek DS Fnl $170.00 $195.50
us $170.00 $195.50
DS Int 2,4-D $170.00 $195.50
DS Fnl $170A0 $195.50 otal Antioch: $586.50 12.2
us $174.04 $195.50
.Antioch Creek DS Int Glyphosate $170.00 $195.50
DS Fnl $170.00 $195.50
IL $180.00 $207.00
Ellis Lake OL Int Endothall $180.00 $207.00
OL Fnl $180.00 $207.00 Total Concord: $759.00 15.8
IL $40.00 $46.00
Ellis Labe OL Int Copper $40.00 $46.00
L Fnl $40.00 $46.00
€ TO Lab: 180.00 $4,807.00 $4,807 100
hintp-e•
(1)Assumes 15% increase from Year 2002.
(2)Assumes a cost of$0.31/Mile
Assumes that cost for Yr 2002 sampling is borne by Blankenship Contract and that 2002 lab costs and all 2003
Costs are borne by Dischargers
GAGrpData\FJdCVNNPDES\Aquat#c Herb#ddeWEPAfina#.doc
10
JEPA between Contra Costa County, Alameda County Public Works Agency, Zone7-
Alameda.County Flood.Control and Water Conservation District, City of Antioch and the
City of Concord. to Develop a Monitoring Plan and Implement :Monitoring for Aquatic
Pesticide Permits Lander the Regional Water Quality Control Boards
Signature Page I of 5
CONTRA COSTA COUNTY PUBLIC
WORKS DEPARTMENT
By
Chair, Board of Supervisors
ATTEST: JUNE 03 , 2003
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By
D putt'
Recommend for Approval:
Maurice M. Shiu,
Public Works Director
By�/F� _
Form Approved:
Silvana B. Marchesi
County Counsel
t
By
�.�
Deputy
Page I of 5