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Home My WebLink AboutMINUTES - 04062004 - C17 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 0.,)7 FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: April 6, 2004 SUBJECT: Approve and Execute the First Amendment to the Stormwater UtilityArea Agreement SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute the first amendment to the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the following jurisdictions: Antioch Hercules Orinda»'` Safi Pablo< Clayton Lafayette Pinole Sara Ramon Concord Martinez Pittsburg Walnut Creek Danville Moraga Pleasant Hill El Cerrito Oakley Continued on Attachment: X SIGNATURE: _,,�Z70MNUIATION FC YA R _RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER 1 . z SIGNATURES : ACTION OF BU ,ON APRIL 06, 21304 APPROVED AS RECOMMENDED xx OTHER V VOTE OF SUPERVISORS UNANIMOUS (ABSENT hi0N1J ) I hereby certify that this is a true and correct copy of an actin xx taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: ATTESTED: APRIL 06,_ 2044 LM:cw JOHN SWEETEN,Clerk of the Board of Supervisors and C:\GrpData\F]dCtl\Administration\Board Orders County Administrator \2004 BO\04-06-04\FCD SUA Agmt 1st Arnndmnt rev.doc Orig.Div:Public Warks Flood Control Contact: Linda Martinez—313-2279 c: CAO By t it rd ""' ,Deputy SUBJECT: APPROVE AND EXECUTE THE STORMWATER UTILITY AREA AGREEMENT AMENDMENT PAGE: 2 DATE: April 6, 2004 II. Fiscal Impact: There will be no impact to General Fund. The Stormwater Utility Area(SUA)Agreement and the first amendment to the SUA Agreement pertain to the expenditure and administration of the Stormwater Utility Assessment. III. Reasons for Recommendations and Background: The first amendment to the SUA agreement adds language regarding the entirety ofthe SUA agreement, termination of the previous SUA agreement, and the effective date of the current SUA agreement, for the above referenced municipalities. Additionally, a paragraph is added to Section 7 of the SUA agreement to provide for a contracted inspection program by Central Contra Costa Sanitary District, Delta Diablo Sanitation District and East Bay Municipal Utility District on behalf of fifteen municipalities,Antioch,Clayton,Concord,Danville,El Cerrito,Lafayette,Martinez,Moraga,Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek . The Flood Control District administers the Stormwater Utility Assessment,the funding source for the Contra Costa Clean Water Program(also known as NPDES stormwater control activities),for the cities and unincorporated County area.The Stormwater Utility Area Agreement nets forth responsibilities of the cities,County and Flood Control District regarding the collection,administration,distribution,and expenditure of Stormwater Utility Assessment revenue. The San Francisco Bay and Central Valley Regional Water Quality Control Boards require municipalities in the Contra Costa Clean Water Program to conduct industrial and commercial business inspections and illicit discharge control inspections (Inspection Program). These inspections'are mandated by the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued to the municipalities. The inspections are intended to radically reduce or eliminate polluted urban runoff. The Flood Control District,on behalf of the municipalities of Antioch,Clayton,Concord,Danville,El Cerrito,Lafayette,Martinez,Moraga,Oakley,Orinda,Pinole,Pittsburg,Pleasant Hill,San Ramon and Walnut Creek, entered into an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District and the East Bay Municipal Utility District to j perform these inspection services.The inspection program will be funded from stormwater utility assessment revenues collected by the Flood Control District on behalf of the fifteen participating municipalities. IV. Consequences of Negative Action: The San Francisco Bay and/or Central Valley Regional Water Quality Control Boards may fine the Contra Costa Clean Water Program for not conducting inspections as required in its Joint Municipal NPDES Permit. The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $10,000 per day and $10 per gallon of discharge for non-compliance with the permit. RESOLUTION 2003198 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF ANTIOCH WHEREAS, the City of Antioch in conjunction with the Contra. Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisca Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, in July 1935, the Central Valley Regional Water Quality Control Board issued a secondfive-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June_30, 1959" (Plan and its successor), and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and ;illicit discharge ,control activities; and, WHEREAS, the City of Antioch agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new 'unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hili, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE 'DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of Antioch to continue participating in this joint inspection program; and, RESOLUTION NO. 2003/98 July 22, 2003 Page t WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF ANTIOCH" (Stormwater Utility Area Agreement) delineating the 'implementation of Stormwater Utility Assessments was entered into on July 8, 2003 (Resolution 2003/84) and, WHEREAS, that Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE BE IT ,RESOLVED, by the City Council of the City of Antioch as follows: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF ANTIOCH (Resolution 2003/84)" subject to City Attorney's approval. 2. , Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 22nd day of July, 2003 by the following vote: AYES: Council MembersKalinowski, Conley and Simonsen NOES: None . ABSENT: Council Member Davis ABSTAIN: Mayor Freitas L. if --MARTIN, _City Clerk FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ANTIOCH 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISJRICT ANP TY CITY OF ANTIOCH 'FIRST AMENDMENT") entered into on the day of � 20?;Ts between the City of Antioch, a municipal corporation (h reinafter "CITY"), and the ontra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ANTIOCH (hereinafter "AGREEMENT") entered into on the 8th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the fallowing paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CI'TY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. ..........I..''.......... ............ ................I....... ................. .............. ATTACHMENT A 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY OF ANTIOCH CONTROL AND WATER CONSERVATION DISTRICT By: By: Chf, Board of Supervisors City Manager ATTEST-. ATTEST: John Sweeten, Clerk of the Board of Supervisors And County Administrator By: Cit it TC beputY k Recommended for Approval: R commended for Approval I Maurice Shiu Chi By: ---------- B City Engineer pro Form Approved: rm Approved: Silvano B. Marchesi By: By: Lu/) Deputy City Attorney EXHIBIT `iA„ AGREE'MEN'T AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATIONDISTRICT (CSN BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL 'UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT"A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CON'SERVATIO'N. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON'T'RA COSTA CLEAN WATER PROGRAM The Agreement is made this -_ _ ,L day of _, 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issuers National Pollutant Discharge Elimination System (NPDES) stormwater Permits Nos. CA0029912 and CA 00$3313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (R.WQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "stormwater Management Pian (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan, and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the 'goals of this Agreement; and ..................................................................................................................................... ............................................................. WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as foilows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." ......... ......... ......... ......... ......... ......... ......... ._...... . ........._._........_... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _................................ (c) To perform inspections, investigations and educational efforts'. described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate' Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential Violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an', inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f)- To levy administrative penalties or fines on behalfof the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully' delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations ' accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. ' These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (I) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities ', initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 ...........-............................................................................................................................................................. .......... .................................. (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and,> budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance 'costs. The Agencies shall promptly notify the District if the Agencies believe inspection that legal costs will be incurred in connection with the or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no' less frequently than quarterly. District will pay such invoices Within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 ............. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all its, actions, legal or administrative proceedings, claims, demands, damages, copse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating ' Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceed'i'ngs, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY"s, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as fellows: If to District, to: Mr. Donald P. Preltas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, GA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C RVATION UTILITY DISTRICT DISTRICT By: , By: Its: d its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: A1,Jj By: David F. Schmidt, Deputy County Counsel Aft ne Dated: �/l a z n.�r Dated: j71 CE RAL C TRA COSTA PDA B NITATION DISTRICT S NITARY T ICT S Its: General Manager Its: OG GaNC�All- APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttorney Dated: C Dated: Page 10 .................................................................................................................................................- ............................................................. APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. Monday through Friday, excluding holidays G.\GrpDatMNPDESVIIHcit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final:07/01103 Page 11 . ................................................................................... .................. .................................................................... ...................... ....................1.1.1.111.1.1.................... Appendix B Central Contra Costa Sanitary District I'AdIML ihoff P1 -9500 vx 5019 In ace, Mati! ruz,Ca 94553 somw -entrals;mo.u! FAX:(925)228-4624 CHARLES W.BAM GeneralManager KEAMONZ,ALU Counsel for the District (510)8D&2000 JOYCEE.MURPHY' Secretary of the District September 8, 2003 Joshua Bradt Contra-Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Takia Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,the above wage rates apply to the Source Control staff at the current time and does not ieflkt the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASource Contro1\20031J8radtCCCWPLtr.doc Recycled Paper .............................. . .................................................................................................................................................................................................. _........__...... ......... ......... ......... ......... ......... ......... ......... ......... .......... ........ ......... Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource Contro1\20031JBradtCCCWPLtr.doc • Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT. 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clew Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus .`Hourly Rate Fringe External Hourly Rate &Non-Prod Overhe-ad TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Pre tired by: Robert Gozza Finance Supervisor (925) 756-1924 LJAWORD\DATAIMisc\Lab RAtes for KY 8-28-03-2.doc Appendix B �4CL> E,a s r BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DJRECTCA OF WASTEWATER September 2,2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA. 94553-4$97 Dear Josh, Re: EBM'UD STORMWATER INSPECTION RATES FOR CCCW.P This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Glean Water Program: Inspector H Salary:'$33.02 per hour Overhead, 131 Flo of hourly rate: $43,25 per hour Total cost per hour: $76.27 EBMLJD overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. Re ds, GAYL TUPPER Supervising Wastewater Control Representative WANAB\IDS\.Stor nwater\RAtes letter 9.2.03.dx P.O.BOX 24055. OAKLAND , CA 94£23-1055. (5+0) 287.1405 R+Cv<I*af.pa+ _ Appendix C POTW COINBER.CI L/INDUSTRTAL STORMWATE.INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Aciency Address Phone/Facsimile/E-Mail Reprssentat ve City of Antioch P.Q. Box 5007 (925)779-7000,x 2614 Phil Hoffine ster Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3`$&H Street Phnffineisterr ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7348 Laura Hoffineister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager LhgffmeiS-te[@cl.cjavton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 945519 (925)680-1660(Fax) Clean Water Program ieffr r0c!.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)638-0366(Fax) Senior Planner crnccann c0ci.danviile.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkina aoi.ei-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Cainino Diablo d€eehanagj:.lafavette,ca.us Management Assistant Lafayette, CA 94549 - City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (92.5)372-0257(Fax) Jr. Engineer eaJberto*,citvofmartin ez.orq Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Duran Moraga,CA (325)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn cCi�ip2a.com City of Oakley P.O.Box 6 (925)625-7003 Joson,Vogan Shipping Address., Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street voaantci.oakiey.ca.us Oakley, CA 94561 City of Orinda P.O, Box 2000 (925)253-1997 Maya Rappaport Stripping Address: Orinda,CA 945£3 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road may ara2p(ftomcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole,CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoiseyQcLpinble.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252=4814(Fax) Associate Planner ks#relo@cl.nittsburgCa,us i _........ ......... ......... ......... ......... ......... ......... ......... ......... ...._. ._. _ . ..............._..... ......... ....._.. ......... ......... ......... ......... ......... ......... ......... ......... ......... Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER.INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2€04) Agency Address Phonel Facsimile/E-Mail representative City of Pleasant hill 100 Gregory Lane (925)671-5281 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout(t ci.nieasant-hill.ca.us City of San Raman P.O. Box 5148 (925),973-2686 Roderick Wul Shipping Address: San Ramon,CA 94583 (925)866-8173 (Fax) Associate Engineer 3180 Crow Canyon Place rwui ci.san-ramon.ca.us Suite 140 San Ramon,CA 94583 City of Walnut Creek P.O.Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Greek, CA 94595 Perkins@ci.wainut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasCc-ow,co,contra-costa.ca,us 925-313-2000 (925)3137 2164 Joshua Bradt (925)313-2301 (Fax) W4tershed Management lbradta-v-w-.co.contra-costa.ca.us ca.lJs Planning Specialist 2 Appendix D 6 rY 633 Lt3 tom. tt3 d GTS CD C'3 21 N Cs41 Ct) <t N 417 r 417 W M 117 M L£) C); CV 4V iC) co O O 4 N N N 0."1 Cry co CN 473 471 N Com) 1^�- t11io t4U CL C3 tll t1C1 Et 11) t? r 473 4C3 473 4V 0 o 113 tom- ru 43 t'+'3 P N f+f r-- t*7 r- 4V M 4V M t`-• � � � � 'J CD # i o 4 CD u ns a E h CSS G a C) • N• c3 ro m co m r COO) tt3 4O ''^ m r O iti 0 473 cv N r o 4)3 , 't � t� r- e+7 CO Cc r r3 c u �. o Q u, a as cis o m CD0 U C C cin u! N 0 N C7 a C*) C) R- t+ N C7 e- 0 O CV tom- � cn C 'C > Co � O RJ r- tt3 Q t13 f$ z r- CL A 'C7 m (D '5 w 'C3 C7 t1) *6 itS U5 cc ZG Ch r C3! t30 4(0 C33 Cfl r } 49 C71 # ZU Q Q: C E ` C m C1 9L it 2 E h CSM CN ,4 N � "�' CO C 7 N 410 �3) a) > z z d CL C C7 W £� 4LF � ,� .� '� 437 w � N i77--• � (.7 ,X w - m iC C 0 'v � i Y C d � fSi C N {} C!) cts C _. D co c0 m C 44 "C C Q9 fg n 4t C3C3C tt3 � :E :: iCLCLCJ7 ! ' Appendix D 6pS CSS t- lL7 t� ltd O CJ 0 i'T e- co h- M tC3 to U'7 ON 1�- 0 b 0 U-' 0 G� d P7 cri N t� r N r- M tf? it7 et r CM c 4) t t U '.10 to z r� LL o r : w } coN M N Cb CSD G7 t1� c0 Q pct N ry e- N Ln t�1177 co 4) m EF l tt3 tr7 OS h tC3 M �l C 0 _ 0) 0!5 G t17 y.. 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Et tD u) O t- co C0 0 0 ca m r U th m 15CL , c 0 E Lo ni t`i c cv N rti r7 ,n r= " N mw 0 w cm c iQ m T 64:, ti r P 60 f$ !R "0' — !- T r V N C f17 f, fl CC {D _ U CJ3 t 7 r M N to Nr N to Ir M Ctb ca � W `ra a i z-W 0 iU ar its cc 0 LO0 C) La o o US rs N 0 r-:r N N ': m CL ag �s ms a9 �9 d4 H H 9 6-31 N LL CD L E a�a i o ru� c r tS� C+ sn ac cs c� cn cv cv a 0 D cb �y res rn N cc P cv e- N trs tt) Ct ? �� Cl. Lffi c m L� Ci L tts cam— tts a' c c U ca o ups to U .X m C1 R7 ttz to to C tU c: ItS C7C/Jri C7U [� W .tdC) tlLLI1 'J3 4— .............. ....................................... ...... ....................................................................................... Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY .. .......................................................................................................................I.......... d' cV 0 eC (o d N o ev d r o � r r ti ' > 60 6r, vi, v64tis 6-0 a"a U. O Cis o co Cts v) O t 0 o 0 O O O CS} CO) M Ch N cD r N r et Cts 47 eta m s C3CS C3 O O O O CS O O O C3 p 005 to N 0 to d COh N t r L C3 ks.. tD � 8 GS 7 N Ce) CD M M N CD r N r "t o Lf> if LO OL C14 � N c l 0 co0 O t0f! CO) � COJ CO3 LLO? 1� COCS � U b c3 ,a co 0)0) co N y CCS r" N N N Cr3 r r.1 O4f4 M� Vlk 60 61B� 6�9 63 fr3 6N9 6o G LL U ysy O 04 N CL r3 AN 0 In M LIS Ln co � Cca CD 0 c WO m LwiS^ CC%j Co CLr) 03 it0'} til N L91 rtL C r N f.- vN- --. to Ley U"3 69). tC? N.. OY cor � U. CD � to). 60? FA 64 6} 6} 69 64 fn M y U d ems. CD O to tit Cf) N C'h tM+'3 N LCS r N M r tr 'ctCL r ^^^` Q p CO CD 0 CD 0 � Cs N O 0 Lt) O � O O � t� 0 O LC? O 9 Cr} r 01 CCS N .O. T CCS t`h {'�: N N C! r CV X O _N N � N N L.` N u7 t°- Lt} r CS) co r to M y,- 64j, ta�3j. 613' b�? b9 63 EtT 64 69 C'Y N tN�7 t*s C3 N w N r 0AD L. CJ O O O Lt7 0 U O O CS O p O CJD CCS CV O V CC O Cq Co N ( N t�5 r tn GV er N N C,,,, it} t^- t6 C35 bt � Q9 69 Eo Ef9 to 63 6� 619, 6R d9 6�H ;- C a U r M COV N cam- �N N e�- C CL ca 13 Co Co �- carom camo � c .0 <CUt3G`f W J 200E iia tI) RESOLUTION NO. 42-2003 A'RESOLUTION APPROV'IN'G THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON' [FOR COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION SERVICES] THE CITY COUNCIL City of Clayton, California WHEREAS, the City of Clayton, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES ;permit for public agencies under its jurisdiction; and WHEREAS, an'enforceable component of the NPDES 'Permit is the document entitled "Stormwater Management` Plan (199912004) June 30, 1999" (Plan and its successor); and WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the City of Clayton agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and WHEREAS, fifteen (1 b) municipalities, namely, Antioch, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, 'Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to eater into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL. CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST DAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER. PROGRAM" for inspection activities and illicit discharge control activities; and WHEREAS, it is in the interest of the City of Clayton to continue participating in this joint inspection program; and Resolution No, 42-2003 1 July 15,2003 ......... ......... ........_ ......................... ......... ............ ....................... _ ........................................ WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on 15th day of July,2003; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLAYTON AS FOLLOWS: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON" [for Commercial/industrial Stormwater Inspection Services], subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. 3. Authorize the City Manager to execute the First Amendment to the Stormwater Utility Area Agreement for Commercial/industrial Inspection Services, subject to City Attorney's approval which supercedes the June 6, 20104 First Amendment to the December 7, 1999 Stormwater Utility Area Agreement. 4. This resolution shall become effective immediately upon its passage and adoption. 5. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on July 15, 2003 by the following voter AYES: Councilmembers Manning, Shuey, Walcutt, Vice Mayor Pierce and Mayor Laurence. NOES: None. ABSENT: None. APPROVED: Peter A. Laurence, Mayor ATTEST: I hereby certify that Resolution No.qa--d 0tr was duly and regularly passed by the city 1��h .°TACA._... k-'-- Y�7 1.1911.-Z&_... Enuncil of the City Of Clayton at a regular Rhonda K. Basore, City Clerk meeting held on Resolution No. 42-2003 2 OA�� &, my 15, 2003 Rbonda K. hasore, City Clerk I.............................................................................I........-.....................I........................-................. .. .......................................................... FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON [For Commercial/industrial Stormwater (NPDES) Inspection Services] 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND T!� CITY OF CLAYTON ("FIRST AMENDMENT") entered into on the 6-1t) day of 20QW, is between the City of Clayton, a municipal corporation (herein-6fter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON (hereinafter "AGREEMENT") entered into on the 15'" day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES".), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. CONTRA COSTA COUNTY FLOOD CITY OF CLAYTON CONTROL AND WATER CONSERYATION DISTRIC By: By: air, B96rd of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator By, 1- ... -'DepLfty City Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer By: 9� � By. City Engineer Form Approved: Form Approved: Silvano B. Marchesi County Counsel By. By: Deputy Rrity Attorney G:\GrpData\FidCtf\SWUF\BO\Agreements\FY 03 041SUA amendmentMI-Clayton rev amendment.doc Page 2 of 2 EXHIBIT "A'° AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM -- EXHIBIT "A,► AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this 2—Z day of 26;2 , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joinedto form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the Sari Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of l eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies` existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Oakley, arinda, 'Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all ether partiesand Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix"A." (c) To perform inspections, investigations and ',educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f)- To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commerciallindustriali facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall .be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating 'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by - the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal casts will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, copse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be'selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER CRVATION UTILITY DISTRICT 4 DISTRICT By: 7"S� By: Its: te�4 1-e ,�v Its. General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel I - By: By: 44- David F. S6tiiiiidt, Deputy County Counsel ne Dated:- Dated: L CE RAL TRA COSTA D A IAB NITATION DISTRICT Att RAL P1 IAB"7 N I JT, L C S NITARY T71CT B Its: General Manager Its: PC--n tJG GatJ e MA-1, X1, s f--V'Z- APPROVED T O APPROVED AS TO FORM: By: By: liA,46 Attorney ttorney -Dated: Dated: z Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. _4iOO .p.m. EBMUD 7:30 a.m. --4:00 .p.rn. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\lIllicit Discharge Control Activities\ Inspection Contrac 07 03\Exhblt A-inspection Contract 07 03.doc Final: 07/01/03 Page 11 Appendix B Centrad Contra Costa Sanitary District 5019 Imhoff Place,Martinez,Ca 94553 (925)228-.9500 FAX:(925)228-4624 CHARLES W.BAM General Manager KENTOYL.ALM Counsel far the District (510)806-2000 JOYCE E.MUMOHY Secretary of the District September 8, 2403 Joshua Bradt Contra Costa Clean Water Program 258 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lecure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.44 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2403104 is 1.35 As we d€s.cussed,:the.abbVe Wage rat a e`ratt s apply to the Source Control staff at the current time and does not retic# the merit increases the staff will receive and any cast of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the Contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the Contract. hSource Controt\2003\.J8radtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. l look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource Controlt2 0031JBradtCCCWPt_tr.doc - Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2600 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509.1373 TEL..: (925)756-1900 ADMIN,FAX: (925)756-1961 MAINT:FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH,SVCS.FAX: (926)756-19601 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Cantu Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod (Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96,24 Cain 47.380 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60`9 22.7648 120% 45.5296 $ 106.24 Pre tired by: Robert Gozza Finance Supervisor (925) 756-1924 U:1W0RD\DAT'AiMisc\Lab RAtes for KY 8-28-a3-2.doc • Appendix B EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2043 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4$97 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as "overhead_" Please let me know if you need additional information. Re ds, GAYL TUPPER Supervising Wastewater Control Representative WANAB\1DS\Stormwater\R.ates letter 9.2.03.doc P.O.BOX 24055. OAKLAND . CA 84623-1055. (510) 287.1405 flacyek8 P•per Appendix C POTW COMIC ERCT LJ.INUUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) Aaencv Address Phone/Facsimile/E-Mail Representative City of Antioch P.U. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address. Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3t'&H Street Phoffinelster(ft,antioch.ca.us Antioch,CA 94509 City of Clayton 6000 Heritage Trall (925)673-7308 Laura Hoffineis#er Clayton, CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffineis#er rt .cl.ciayton.ca.us City of Concord 1455 Gasoline Alley (925)571-3394 Jeff Roubal Concord, CA 94519 (925)680-1560(Fax) Clean Water Program ieffrQci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville, CA 94526 (925)838-0360(Fax) Senior Planner cmccann a{7djanville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkina r0ci.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Gonna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan0ci.lafavette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealbertota" cityofmartinez.ora Town of Moraga 2500 Donald Drive (877)235-0653('roll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn aC3lg2a.pom City of Oakley P.U. Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vogan ..cioakley.ca.us Oakley, CA 94561 City.of Orinda P.O,Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mayaraos) comcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey(@ci,ainole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg,CA 94565 (925)252-4814(Fax) Associate Planner kstrelo( ci.olttsburc.ca.us 1 Appendix + POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SKEET FOR PARTICIPATING MUNICIPALITIES (FY'2003-2404) A.enc Address Phone/Facsimile/E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Mill,CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachoutfci,peasant-h ill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Craw Canyon Place rwuj0ci.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Bax 8039 (925)255-3511 £pinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins uegi.wainut-creek.ca.us NPD1 S Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasO_I)w.co.contra-costa.ca.us 925-313-2000 (925)3137.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradt(uow.co.contra-costa.ca.us Planning Specialist 2 Appendix D 7u- 2 p (LCCCO 1t7 C) LC) LN 2N 1 C 0 N CO N t N LO C+") tU U) d :v c w co 13 vy N .Ly C Co D p C to C m � (C d C) co O co 't CO N m (M ti co in tet` C7 O Cr) N N N r C'7 <-• Cr S N 6 M h- CO 0 E a cod U dY 7�+::.i > 117 Q O3 b ro c _ m CO 'Ct U') d' r C) (D M N 0 CD LO t•. h- t-- N CL C9 U � � itf p cr} N N N r C7 r N M N � t`•• CC c Z r v w U t p D iu v o U E a) C cu % v a H U- C 0 CU_ U c C7) N N N C3 {� h ct 0) t- Ce) CO CC r Q) LD eca {7 r (0 - - s-- r •r r CO 'd' C tJ iS7 .Q N m ": Rl ) C C cc C cc � uy C -C (n C3 2 (DO c7 O r h- N t7 r CS N ti (C tco �t> Lf3 c E .� z O CL w C C 4) Ci O �(D 0 RS �1 b U w 0) O H w t"` W r CA CD �t (D r t'7 r ih CS) r :G 0 �" c » C LT 't5 N N O co (b (D CA i") (`` (•) CD (7) m r r .y ill +c C.7 iu CY)w. 1N N t1S O Q W 2 E d h O f� U) LO co a CO LO C) � -,t oC N Ln N qa 't-S to � � N rh N t- r r C7 1`- m to ar m L LL tSJ � i� U7 C C3:> Z U � c cs ro U X C C C7 itl ._ M O tC 'i C w t!) tti Uin d %� c� dw _. mmo0a. a. riu) f— Appendix D cny N cb ® Cd r CL7 717 C7 f-- tS7 C1 tf7 C7 d C> N N Y � � LL' co N 2 Q CJ "T 0 s17 0 t, to 0 to d O w Cm uM) r C � y M - M M N 0 r N r d 717 M "T T CO 0) p AM m CCS to Ul) 0 rte- to O 71) tt) 0, CO M �= M N M co N CD T N r M t!) 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COPY 1 BEFORE THE CITY COUNCIL OF THE CIT t �` RD COUNTY OF CONTRA COSTA,STATE OF Y A 2 OEC 2 2 2003 3 A Resolution Approving a First Amendment to the Stormwater Utility Area Agreement Between the City Contra costa County 4 of Concord and Contra Costa County Flood Control Food Control And & Water Conservation District, Authorizing the City Water conservation District 5 Manager to Execute the Amendment,and Rescinding Resolution No.03-45 Resolution No. 03-70 6 1 7 WHEREAS,the City of Concord, in conjunction with the Contra Costa County Flood Control 8 and Water Conservation District (the District)and other governmental entities, has been required by 9 the Federal Government and the San Francisco Bay and Central Halley Regional Water Quality 10 Control Boards to participate in the development and implementation of a Joint Municipal National 11 Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and, 12 WHEREAS,on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board 13 issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; 14 and, 15 WHEREAS, an enforceable component of the NPDES Permit is the document entitled 16 "Stormwater Management Plan (1999/2004) June 30, 1999;" (Plan and its successor); and 17 WHEREAS,the Plan does and shall contain components related to inspection activities at 18 industrial and commercial facilities and illicit discharge control activities; and 19 WHEREAS,the City of Concord agrees that the public good is best'served by 20 implementing a joint inspection program to encompass inspection activities and illicit discharge 21 control activities, rather then establishing new unique inspection programs solely for each 22 municipality; and 23 WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton,Concord, Danville, El 24 Cerrito, Lafayette, Martinez, Moraga, Oakley,Orinda,Pinole, Pittsburg, Pleasant Hili, San Ramon 25 and Walnut Creek desire to authorize the District to enter into and perform the terms and conditions of 26 the "Agreement Among The Contra Costa Flood Control And Water Conservation District(On Behalf 27 Of The Contra Costa Clean Water Program),The Central Contra Costa Sanitary District,The Delta 28 Diablo Sanitation District, And The East Bay Municipal Utility District Regarding The Contra Costa I Clean Water Program" for inspection activities and illicit discharge control activities; and 2 WHEREAS, it is in the interest of the City of Concord to participate in this joint inspection 3 program; and 4 WHEREAS, a"Stormwater Utility Area Agreement between the Contra Costa County Flood 5 Control and Water Conservation District and the City of Concord" (Stormwater Utility Area 6 Agreement)delineating the implementation of Stormwater Utility Assessmentswas entered into on 7 July 22, 2003; and 8 WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the 9 District to administer the inspection program; and 10 WHEREAS,the Stormwater Utility Area Agreement is amended by adding the following to 11 Section 7: City authorizes District, on its behalf, to execute an agreement with the Central Contra 12 Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility 13 District (collectively hereinafter"Agencies"), to implement an industrial and commercial inspection 14 activities and illicit discharge control inspection activities program (hereinafter"Inspection 15 Program"). Implementation of the Inspection Program will be pursuant to the Agreement Among The 16 Contra Costa County Flood Control And Water Conservation District(On Behalf Of The Contra 17 Costa Clean Water Program),The Central Contra Costa Sanitary District,The Delta Diablo Sanitation 18 District, And The East Bay Municipal Utility District Regarding The Contra Crista Clean Water 19 Program, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended 20 from time to time. City's estimated share of the cost for the Inspection Program shall be based on the 21 projected number of inspections shown in Exhibit B attached hereto. Annually',by May 1, City and 22 District will revise Exhibit B by agreeing to the Inspection Program activities and budget for the 23 subsequent year without further amendment of the Agreement; and 24 WHEREAS,the Stormwater Utility Area Agreement is amended by adding Section 13, which 25 shall read as follows: 13. This Agreement is the entire agreement between the;parties on the subject 26 matter of this agreement and can be amended only as provided herein; and 27 WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which 28 shall read as follows: 14. This Agreement terminates and supercedes the Stormwater Utility Area 2 I Agreement between the District and the City that the parties previously entered into on November 9, 2 1999; and 3 WHEREAS, the Stormwater Utility Area Agreement is amended by changing the effective 4 date of the Agreement to July 1,2003; and 5 WHEREAS,on July 22, 2003, the City of Concord approved with Resolution No. 03-45 the 6 First Amendment to the a Stormwater Utility Area Agreement, and this Resolution needs to be 7 rescinded. 8 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 9 RESOLVE AS FOLLOWS: 10 Section 1. Approves the First Amendment to the Stormwater Utility Area Agreement between 11 Contra Costa County Flood Control and Water Conservation District and the City of Concord. 12 Section 2. Authorizes the City Manager, on behalf of the City of Concord,to execute the 13 amendment. 14 Section 3. Rescinds Resolution No. 03-45. 15 Section 4. This resolution shall become effective immediately upon its passage and adoption. 16 Section 5: The City Clerk shall cause (3)certified copies of this resolution and three (3) 17 signed originals of the amendment to be immediately forwarded to the Assistant Chief Engineer, 18 Contra Costa County Flood Control and Water Conservation District. 19 PASSED AND ADOPTED by the City Council of the City of Concord on December 16, 20 2003, by the following vote: 21 AYES: Councilmembers - S. Bonilla; L. Hoffineister; B. McManigal;M. Peterson; H. Allen 22 NOES: Councilmembers -None 23 ABSTAIN: Councilmembers - None 24 ABSENT: Councilmembers - None 25 II 26 JI 27 !/ 28 H 3 1 1 I HEREBY CERTIFY that the foregoing Resolution No. 03-70 was duly and regularly 2 adopted at a special joint meeting of the City Council and the Redevelopment Agency of the City of 3 Concord on December 16, 2003. 4 Mary Rae Lehman City Clerk 5 6 7 By Elaine R. Boehme, CMC 8 APPROVED AS TO FORM: Deputy City Clerk 9 10 11 Craig Laba "e 12 City Attorn 13 14 cc: Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. 15 16 1 Cot*that this is a true COPY of 17 a dmment on Ate in this ottice. 18ma"--et puty city Clark y of Concord,Calibrria 19 20 21 22 23 24 25 26 27 28 4 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN � � CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DEC 2 2 2003 THE CITY OF CONCORD Contra costa County 8 bbd Control And WatConservation District 1. PARTIES This FIRST AMENDMENT, TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD ("FIRST AMENDMENT") entered into on the 16th day of December , 2003, is between the City of Concord, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD (hereinafter "AGREEMENT") entered into on the 22nd day of July, 2003 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with .the Central Contra.Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGE'NCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the ' AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. ................I............................................... .....................''I'll-,......... ...... . ........................................................... 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. S. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 9, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF CONCORD CONTROL AND WATER C N TION RI By: By: cair,-Bogr—dof Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator By: ----67e-p ut�DRPUty City Clerk Page 2 of 3 ........................ Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer ee�- By: /I By: City Enginjer Form Approved: Form Approved: Silvano B. Marchesi County Counsel BY: /eDpUtVy 11' ey G:\GrpData\F[dCtl\SWUF\80\Agreements\FY 03 04\SUA amendments\Letters\Concord I Amend.doc Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT"A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM' The Agreement is made this day of _ &J- , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued'National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Flan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater ' inspections of industrial and commercial facilities; controfaing illicit discharges, by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies` existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and ......................... ................. ...........- WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE,'the parties to this Agreement agree as follows: I. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement-stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential' violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f), To levy administrative penalties or fines on behalf of the Participating' Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon 'termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below.', The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial) facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating;Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. ; (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by , the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and na less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff j of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities' review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are,self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall 'specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES,, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Losta Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94507-4240 510-287-1346 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 WHEREAS, the Stormwater Utility Area Agreement is amended by changing the effective date of the AGREEMENT to July 1, 2003. NOW, THEREFORE THE CITY OF LAFAYETTE DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City of Lafayette on December 8 , 2003, by the following vote: AYES: Anduri, Eederighi, Samson and Tatzin NOES: None ABSTAIN: gone ABSENT: Horn APPROVED: p Mayor, Erling Hdrn ATTEST: - opnne Robbins, City Clerk __ _ ___ ...................................................................................................................................... ............................................................ 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 ............................... ...... ....................... - IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C RVATION UTILITY DISTRICT DISTRICT B -- .--, Y� .� By. Its: 6 f Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel o By: By: David F. Schmidt, Deputy County Counsel Aft ne Dated:_ �� n 0 Dated: 1� CE RAL G TRA COSTA PDA AB NITATION DISTRICT S NITARY T ICT B ' Its: Genera] Manager Its: A-CnNCS GlftNeV- APPROVED T O APPROVED AS TO FORM: By: By: 44 Attorney ttorney Dated: Dated: Page 1 0 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EDMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:1GrpData1NPDES\llll1dt Discharge Control Activities\ Inspection Contrac 07 031Exhibit A-inspection Contract 07 03.4doc Final:07/01/03 y Page 11 .............................. Appendix B Central Contra Costa Sanitary District 5019 Imhoff Place,Martinez,Ca 94553 (925)2219-5500 www.centralsall'org FAX: (925)228-4624 CH UES W.AAM General Admiager KEMNLALM Counsel for the District (510)308-2000 JOYCE E.MURPHY Secretary ofthe Dirtrict September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnoh $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,.t I he.8 bbVe Wage rates i'apply to the. Source Control staff at the current time and does not reflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASource Contro1\2003\JBradtCCCWPLtr.doc Recycled Paper .................... ........... Appendix Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc. Curt Swanson IftSource Contro1120031JBradtCCCWPLtr.doc Appendix Delta Diable Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94609-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Zared by: Gozza Finance Supervisor (925) 756-1924 UAWORD\DATAtMisc\Lab RAtes for KY 8-28-03-2.doe . . _........................................................................................................................................................................_... ...... .............. ...-_...... ......... ......... .....__... ........._.. ......... .. ......... ......... ......... ......_.. ......... Appendix i EAST BAY MUNICIPAL UTILITY DISTRICT DAVID A.WILLIAMS DIRECTOR OF WASTEWATER September 2, 20103 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, C.A. 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 131%of hourly rate: $43.25 per hour Total cost per hour: $75.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re ds, GAYL TUPPER Supervising Wastewater Control Representative W:\NABUDSIStormwater\Rates leiter 9.2.03.doc P.O.BOX 24055. OAKLAND . CA 84623-1855. (5?0) 287.1405 5.pc+.a vacs. Appendix POTW COMNIERCiALANDUSTRIAL STORMWATER INSPECTION CONTACT SBEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) A-q enc Address Phone/Facsimile/E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffmeister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3'd&H Street Phoffmeisterftci.antloch.ca.us Antioch,CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffmeister Clayton,CA 945.11 (925)672-4917(Fax) Assistant to City Manager 1-hoftmeister0ci.clavion.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1660(Fax) Clean Water Program jeffr Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838-0360(Fax) Senior Planner gmccannOW.danville.ca-us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkinQ(8—cj,el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeeh?n0-cJ.lafayette.ca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr.Engineer ealberto,0-cityofmartinez-org Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga,CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn(d—>lo2a.com City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street yggan(a -Y Oakley, CA 94561 City.of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address., Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mavaraDDO-COMMLnet Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisgyQ,ci,g1nq_1e.qa.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814(Fax) Associate Planner kstrelo(a-,)qi.pfttsbijr_q.ca.us ApRendb PUTW COMMERCIAL/INDUSTRIAL STUR.MWATER.INSPECTION CONTACT SKEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hits 100 Gregory Lana (925)671-5261 Todd Teachout Pleasant Hill,CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tte;choutfc,d.oleasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wul Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwui Dcl.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O.Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek,CA 94596 gerkins ancimalnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasQpw.co.contra-costa.c.a.us 925-313-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management jbradt@m.co.contra-costa.ca.us Planning Specialist 2 APpendix i 0 ? o a� rnr. M w o Lor` CO e� rn co to m 0 � m CQ N UJ w CQ M tt CO Lf) M IN uj Q N 00 .- N r- N N ica c7 ` s a '0 C ` 4 o N M ; ' r m a c 0 o M st G M tJ cod co N t77 M to 'n �7 M = 0 � rS N N N r CO cc 0 E u> a; c Z � vii o CL 0 0 z c c �s o coS N N N MN C C7 Lfl h. h� P- N p -a 0 z r NCONMr•- CO �'� 0 � .0 •N m '"`�' CJ.. sem,. w G � C? 2Cs C1 C�3 N O Li U cl FEC3 ...C C E O t J r `T o cn M co M w CO O) L17 CCS `S M r � O 0 0) r { r ti r d Mt,- M W CO r o N r r r � to C t=.5 N CA t/j 'O. 0 ..: .. 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N 0 co t, m cc6H w 619, 6i} 6f! 64 d3 tt3 09- w w 65, �.� m M N {U CC) 0 h- Ct) C7 tC? tC7 Q d fJt +7) M N M M N CA r SV r M to tt Cf d c O �v Nm to NmraM rn 04 q a_ 7'� L O — -- r N 6 t+, tri - C) CO - V c 61) 611, 6R ff! 6S 64 H? 6F} 6, 69 M 6/3 69 60) U. +r C+t � U N r CC? to C7 t`- co 0 0 to 0 V ®t N V) N CO M N CD r N r M to rt M co C CL v r C' GS d O CD 0 a CD C> �. N t(t N 0 CS ih � Co O 0 CCS O Co d to :O f0 U-) r mCtt N O <t O N c N CA r N Cq C4 O y� 6r3 69° 6+3 Efl � 6N9 69 1" M' � 8A EFt b9 r c .. O CDCO `q coM N CO r N r Ct3 O Ut 'gr M N N u3 t17 ,- C C Lt C (} Q C = O a) s c � ° civ c� as= E (U cu 000 (Dc (M 0 � m � � x a c£5 O M — M t� itT c c V a) Co <CC7C3C2uJ J 200 a: EEL- t� RESOLUTION NO.13-2003 APPROVING THE FIRST AMENDMENT TO THE STORMWATER'UTILITY AREA AGREEMENT'BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE FOR INSPECTION SERVICES WHEREAS,the Danville Town of Danville,in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for storrnwater discharges;and WHEREAS,on July 21,1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal'NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Kermit is the document entitled "Stormwater Management Plan(1999/2004)June 30,1999" (Plan and its successor);and WHEREAS,the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities;and. WHEREAS, The Town of Danville agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality;and WHEREAS, fifteen (15) municipalities, namely, Antioch,Clayton, Concord,,Danville, El Cerrito,Lafayette,Martinez,Moraga,Oakley,Orinda,Pinole,Pittsburg,Pleasant Hill,San Ramon,and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN NATER PROGRAM" for inspection activities and illicit discharge control activities;and WHEREAS, it is in the interest of the Town of Danville to continue participating in this joint inspection program;and WHEREAS,a"STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DAN'VILLE (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 15,2003;and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program; and WHEREAS,on July 15,20013 the Town of Danville adopted the County-recommended Fust Amendment to the Stormwater Utility Area Agreement that contained errors;and WHEREAS,the First Amendment to the Stormwater Utility Area Agreement is essentially the same as the previously approved amendment, but formally terminates the old agreement and references the corrected dates of the new Stormwater Utility Area Agreement;now therefore,be it RESOLVED,that Danville Town Council authorizes the following: 1. The Town Manager to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TOWN OF DANVILLE subject to City Attorney's approval. Z. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. APPROVED by the Danville Town Council at a regular meeting on December 16,2003,by the following vote: AYES: Arnerich, Doyle, Andersen, Shimansky, Stepper NOES: None ABSTAMED: None ABSENT: None M YO APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERIC PAGE 2 OF RESOLUTION NO.136-2003 1, Marie Sunseri,City Clerk of the Town of Danville,hereby certify that this is a true and correct copy of Town Council Resolution No. 136-2003. h. Marie Sunseri,City Clerk FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ANC? THE TOWN OF DANVILLE ("FIRST AMENDMENT") entered into on the day of ' _ , 29 ' is between the Town of Danville, a municipal corporation (herei after "TOWN"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter 'DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and premise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE (hereinafter "AGREEMENT") approved by resolution of the Town Council on the 15thday of July 2003 and entered into on the 1e day of September 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Say Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control 'inspection activities program (hereinafter "INSPECTION PROGRAM"). implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITYDISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October 2003 (attached hereto as Exhibit A), as it may be amended from time to time. TOWN's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, TOWN and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. ....................................................................................................................,''''I'll-,.. .. ............................................................................................................................................ .................. 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and TOWN that the parties previously entered into on November 19, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD TOWN OF DANVILLE CONTROL AND WATER C ION DIST By: NATION L� By:Q�Io'j 7hair, . oard of Super—visors JosepCalabrigo, Town M n ger ATTEST: ATTEV: John Sweeten, Clerk of the Board of Supervisors and County Administrator -"Deputy C11- Marie Sunseri, Town Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer By: y: tk wiak& 0 n gineer Page 2 of 3 ......................................................... ....... ................. Form Approved: Farm Approved: Bilvano B. Marchesi County Counsel By. A By: Deputy Robert Ewing, Town AI o ' ey G:1GrpData\FfdCtMWUF\80\Agreements\FY 03 04\SUA amendments\Letters\Danv111e 1 Amend.doc Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION' DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON'T'RA COSTA CLEAN WATER PROGRAM The Agreement is made this day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting Stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities',or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and .1111_. .1111.... ......... ......... ......... ......... ..........11.1.1..._. . . ....... ........... ..._...... .......... .....__...... _......... ......... .._..... ......... ......... ......... WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety(90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential' violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized: approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the ParticipatingMunicipalities, shall' also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f} To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities' initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrialfacilities from their' inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their' assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating;Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary' reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct` such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial-, The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no Iess frequently than quarterly. District will pay such invoices within forty- five (46) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 (d) To further cost efficiency, time spent by staff'',of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities' review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies' shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty (30)' days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, copse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 _. ... . _._... . .... ........ ....... ..._ ....... .. .... ....... ......... ....... ......... suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY'S, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756--1942 Page 8 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER CON&ERVATION UTILITY DISTRICT DISTRICT a y , By. By: d Its: � ' d�_ _ Its: General Manager' APPROVED AS TO FORM: APPROVED AS TO FORM: Silvan B. Marchesi, County Counsel By: By: 7120-'t," _ David F. Schmidt, Deputy County Counsel Att ne Dated: J'` Dated: ` l �t 0 CE RAL C TRA COSTA PDA B NITATION DISTRICT S NITARY T ICT B Its: General Mane er Its: A<A1PG G9tJemAIL, Aj, e7o_ APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttorney Dated: Dated: 'eAA0- ............ Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpDataiNPDES\IIllicit Discharge Control Activities\ Inspection Contrac 07 031Exhibit A-inspection Contract 07 03.doc Final: 07/01103 Page 19 ......... ......... ......... ..._..... ......... ......... ......_.. _ __.. ......... .......... ........ ...._........ ............................. ......... ......... ................... _ _ _ _ ......._......._. Appendix B Central Contra Costa Sanitary District FAX:(925)2284624 CHARLES W.BArrS General Manager KENTONL.ALM Counsel for the District (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earliier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning', in Fiscal Year 2003/04 is 1.35 As we discussed,.the-above wage'rates apply to the Source Control staff at the current time and does not refect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. I:\source Contro1=03\JBradtcCCWPLtr.doc Recyded Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Patter Source Control Program Superintendent TP:sb cc: Curt Swanson L\Source ControI\2003tJ8radtCCCWPLtr.doc Appendix E -A-.00, Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MA#N7 FAX: (925)756-1963 OPER.FAX: (925)756-1962 'TECH.SVCS.FAX: (925)756-1960 August 28, 20303 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 6017c 22.7648 120% 45.5296 $ 106.24 Prepared by: l Robert Gozza Finance Supervisor (925) 7.56-1924 U:\WOR.D\DATAlMisc\Lata RAtes for KY 8-28-03-2.doc Appendix B EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4$97 Dear Josh, Re: EBMUD STOR.MWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. Re ds, 2Q GAYL TUPPER Supervising Wastewater Control Representative WANA231IMStormwater\Rstes letter 9.2.03.doc P.D.BOX 24055. OAKLAND. CA 34623.2055. 15101 287-2405 R6 .kd Pow Appendix C POTW COMMERCIAL/INDUSTRIAL STORiTWATER INSPECTION CONTACT SBEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phonel Facsimile/ -Mail Representative City of Antioch P.Q. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3`d&H Street PhoffineisterCci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffineister ri&ci.clayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1660(Fax) Clean Water Program ieffr0d.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838.0360(Fax) Senior Planner cmccann0d,danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)2154367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance&Engineering laking ,ei.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehanCg_)ci.lafayette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealbew�cityofmartinez.oro Town of Moraga 2500 Donald Drive (877)235-0653(Tall free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunntclp2a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan Shipping Address. Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street voganOci.oakle .ca.us Oakley, CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address. Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mavaraoo a0comcast.net Manager Orinda,CA 94563 City of Pinola 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoIse.yQci.oinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814 (Fax) Associate Planner kstrgl ci.oittsburp.ca.us 1 _ Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING NgJNICIPALITIES (F'Y2003-2004) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hili 100 Gregory Lane (925)671-5261 Todd'Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout@ci.i)leasant-hill.ca.us City of San Ramon P.O. Bax 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwui(&cl.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkins4ci.walnut-creek.ce.us NPOES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasO.ow.co.contra-costa.ca.us 925-313-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradtCa)_pW.co.gontra-2asta.ca.us Planning Specialist 2 Appendix D N ts� uz ct cv cr to r- tts t+� d' w to � in ia. .c cc c. LU N as r r r N <- N .- N LO m n 7 CO va �rarse� co4tcoNrnrntrt�au7 �t cn °5 ° n NNrr� t- raN r- cot tm y c 0 72ro o a � o c `- a mco d tt7 IT 0 0 M N o 0 tri t-- t,- f- N 2,�N p3 N � C+7 N N r r CV) C+l M f� aD flE o E tL � 0 E F^- G O p CJ EUS o .- v0CCMoCn CoocnCC Co V "- qCj to C U C14 ami CD C0 CC r JA ro c C14 CO or C - � 0 CM Q YSS EL us ° 0 O C O d p UL) g 10 tJ a m to T C7} to 't 0 "- C co Z � N CO co to (o 0) t+') t`` M to dl m ,�,• � r�i- 0 � O 4 _ LL U U tD to U C 2 ,GS N m W E Q to co 0 to O by st b N tIJ N ,- cV m tSJ N r1 N t. r r (} ! t) t{3 N yQY z z z © I ui c a aA E to rcrt �c ccs cn ttx ro tJ x C '5 L CC © ro m o m . c .. aJ m CJ {t) dC3U0uj 200F- .......... .. Appendix D C) in as co CsM Q3 ��_ Lu MM M M N 417 r N # t!7 tt) # CO N E 0 *- fl. ts7 r LD in O 0 0 LO LC) 0 w m � cm4 � U cy M N M M N Lt7 r N r- M L17 U) ct r h i�' 0) j " w 0 E u� # # t0 U'7 o h- to 0 4 U7 C7 0) � M � O "a -0 0 c) t0 MMNLiz .- Nr M0iClWit' r � � m c 3 t17 ICf - "� p} N z M M M C"i coNN t0 rG° N � M LO UU7 xr �M„ 2 tm N 7` 0 cca i c i t0 0 r t0 LY) to CJ tom- LOO t%7 # Cf) m IN t0 „ 47 w� ?�- M C14 U-) L17 ct r L U- E E 61. tG c"3 c Q o C7 s to t0 in 0 M m tom- LI) t` �) M � U') r m �y � � � dS Gl 7 a CS r et r- O C7 r LO N 117 G + 0 y`� t- N h. r r r Ly # U) P t71 r Cy 'S!' N 0 C3 C7 � w C LU - O CII t4 > to CD tl L E c a 4 a) � > .. y N ttl A7 LI) r r U0 L9 # L t tLt N t7) # ro GJ # r M `z O L07 U d3 y LC) t7) . r v— N r r r �- # - m E us c> t53 LU y C a t0.y 0 4) v C r:i7 i7 E to w 0 C 0 i� o 45 W > ` 4)co ta eM— N N LSi # = # L1S r M �r � #- Mr :d Z3 0 Q) C aj C y Y O ;E LU 0 tl us w „..° u � C cc72 t/7 tSS O C CL k - ? 2 0 U 0 i `>1 O LJ '� CL} SE7 't.3 tll C ca o U 0 W 0 � yr 4) r- # # O M N M to 07 N m0 iu 3 ,� w ux r > sls a o c L`a Qo (D v_s sn Ii— is_ c o 7 a) M E r 0 W N N o7 r- r e— N � � CV U'i � G1Q m a i — d 1--, a vs.c a m � � ° Z Gd C—UCD CL 0 0 cn vU) [ csc0 ® w `�+ � 200 ttin° v� F° Appendix M CO VDI �3. 6q' 69 69' 6s. 4�V co # MP r- 44 Cc T o 0 LLT d r � 76 (Cl137 CD CtiS d tC9 C+ cV q N " P Lt) P N tr Lnco a ��Tyyy M P M m C{i l'�i T V" 0 Ln V .fir. �} qqyy C hr CSS C! tic 4 O f N N M r cc I M 6,9` ER ESS' T P 'i}' N •S�/Y� LL W CO 45 CA ttS h CU O LCS L(} CS W CSS > �"' Jy CrJ Cy e�1 CSS CV 4? P CV P M Lo Lri N3' La C m m w I" m _ _ �_ 7^ CO 69 69 69 b9 irt? 6*3 bn? 6m! H9 H3 6`Y 69 64 69 2 .0 U. 6� 43 E ru rs o ami CN y o 'c .a 0 c msLV t- � Na M* T NN � � �N m u ,- 7rM to t7s C }c'i 6vt 61. c� 6-t y V U cc N r 0 YnCS by CGS CJ LCJ Lt 5 C7 fit' 0 N -04 � a ,. .. m0 coos 000 0 {tj L{j {3S 47 fV C t Ll] C7 � '© Qa T C". P Yom" ��"` m V t- LI} 0 � OD P � (; •N 69 69 6S 603 !f� 64! 69 69 69 69 64 w E cr w Ln c, r ca yrs N o IT �° � N Liz Ct tbca LU Z a. t� v rz ' Cci C7 ' Cc co x m c - W m cc U0ro0asUn0 �— Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY Y N h� r h- M L6r' to V0 r tlM LO LL to EF} 69 69 69). 64 Ef9 64 64 64 64 611, 69 fCl R 0 +� a ua a r. c0 0 o c+ a rn M N r `ct U) CO V UJ C co (D 0 c 'o (DdS N C�7 O O 007 O N M -1l T C� tC> h- N C�`J fl) rte- N ti riN- r`' 613, 69 64 d3 69 69 64 64 64 64 619 69 69 .699 w 0 )" GOS Com? to N M M N t�0 m N V) 0 u w v CL N c LO .0 oc C'� N O Cal d N N M N 0 ;.- tb d3 64 6p} 64 Es9 bNh bt9 if9 q, 64 609 � 64 6131 Q � tJ co a CO CD tC)cl O hW to a In tf) a Ut1 W N M M N to r N r M U1 U) C c M � _ roCCY) O C7) f0 O U�'7 til O tat) M 0 O LO 0 W ry� th .0 a T N CJ CC Cfl t� N LV N CJr) r- 1✓l r N P T r N ~ T r T T It TT 'ry 69 69 69 64 toil 69 �' 64 b4 64 6a9 Ef9 jy J� ✓ m M y� t6 0 (o - co U7 O t- CO O U-) to a .} m N ST C M Cl) N CLS r N r M tf) iCJ � L- 10m a �, a a a a 0 a o C) 0 0 0 o 0 M o i tT' 0 0 LO 00 N � u) C3 � � N tai N rn � N X L yip- wll 64 d'3 6} �, 64 b9, E9 613? 49 6H N � 4) U N co v CO O a f- 0 o 0 0 d v m N +� >- (D MCL N M M N CD r N r M lt7 tC) 'd' r 0 aO O O p CJ o i:5 0 itl LO 0 a to C3 to d a O to O U) 0 p 'q to t (n CO N a V 0 t- CV 0 N C r N O m r N tom. r r t• N 1l) t. 47 d 64 69 b4 69 6$ 64 6"9 6% 69 69 bah h 0 CL 04 to c C cacm QY F, Q cu a d7 O v m C fM 0 � U c.7 C? 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M � 0 Co t_ ,C �5 4U CO RESOLUTION 2003-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO WHEREAS, the City of EI Cerrito, in conjunction with the Contra Costa County Flood Control and Water Conservation District(DISTRICT)and other governmental entities,is 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS; an enforceable component of the NPDES.Permit is the document entitled "Stormwater Management Plan (1999-2004) June 30, 1999" (Plan and its successor); and, WHEREAS,the Plan must contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of El Cerrito agrees that the public good is best <served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole;Pittsburg, Pleasant Hill, San Ramon, and Walnut Creep desire to authorize the DISTRICT to enter into and perform the terms and conditions of the"AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT,AND THE EAST SAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of El Cerrito to participate in this joint inspection program; and WHEREAS, a"STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 21, 2003; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program; and ........... ............ WHEREAS, the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM"), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28t" day of October, 2003 (Attached hereto as Exhibit A),gas it may be amended from time to time. CITY'S estimated share of the cost for the Inspection Program shall be based an the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise EXHIBIT B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 1, 1999. WHEREAS, the Stormwater Utility Area Agreement is amended by changing the effective date of the agreement to July 1, 2003, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito authorizes the City Manager to execute the"FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO" subject to the City Attorney's approval. BE IT FURTHER RESOLVED that three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. ...........I...................-............................................................................................................. I CERTIFY that at a regular meeting on December 1, 2003 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Abelson, Moore, Potter, Friedman NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brusatori IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on December 1, 2003. � i a M. Giddings,4' CI'eLrk APPROVED: IED A TRUE Cap Mark Friedman, Mayor . .. ........... Of the City of Ej Cerrito, CA FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA, COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DI RICT AND THE,, CI-6y OF EL CERRITO ("FIRST AMENDMENT") entered into on the r }n day of �, 200 ' ►s between the City of EI Cerrito, a municipal corporation (herein fter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO (hereinafter "AGREEMENT") entered into on the 21 st day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge controlinspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall reed as follows: 13. This AGREEMENT is the entire agreement between the ;parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 1, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF EL CERRITt CONTROL. AND WATER CONO..RVATION DIS FI C 'air, Board of Supervisors 'City manager ATTEST: ATTEST:. John Sweeten, Clerk of the Board of Supervisors and County Administrator r By: eput Clerk Recommended for Approval: Recommended for Approval: Maurice Shia --- ,,, Chief En ineer ;, By: By City Engineer Page 2 of 3 Farm Approved: Form Approved: Silvano B. M'archesi County Counsel 3 By: By: 49�te� &41 Deputy �Aity Attorney- G:\GrpData\FldCt11SWUF\BO\Agreements\FY 03 04\SUA amendments\Letters\El Cerrito 1 Amend,doc Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXH'IB'IT "A,� AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION, DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION D'ISTRI'CT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEANWATER PROGRAM The Agreement is made this 2S day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBM'UD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued 'National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities, and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan, and WHEREAS, the Pian has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other partiesand Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance' Orders on behalf of the Participating Municipalities where violations and potential' violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an, inspected location. The Agencies, at the direction of the Participating ';Municipalities, shall' also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f)' To levy administrative penalties or fines on behalf of the Participating' Municipalities where violations occur, to the extent authority to levy fines is lawfully' delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its N'PDIES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under' this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt ' such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs, (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting' Participating Municipalities. (k) To provide quarterly inspection activities and budget summary' reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45)days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, ail invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff>of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, innluding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies' shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. if one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse, ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extendto any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or rebated to such Agency's active negligence, willful misconduct or vehicle accident'in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Centra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925)229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration, In the event' the parties cannot agree to an arbitrator within thirty (30) days after a 'party requests' arbitration by written notice to the other parties, the arbitrator may be selected by petition' of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT B Y. .� y. Its: , ?? _- Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By. By David F. Schmidt, Deputy County Counsel Att ne Dated: /'Q - Dated:--- 9!7 l s CE RAL C TRA COSTA D A IAB NITATION DISTRICT S NITARY T ICT B ` Its: General Ma er Its: Ar-TiNCS N U-V-P't.' s, � APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttorney Dated: Dated . Page 10 ................................................... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 pm. Monday through Friday, excluding holidays GAGrpData\NPDES\lllHcjt Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final: 07/01103 Page 11 ........................ ......................... ................ .............. ...................I................ • Appendix B Central Contra Costa Sanitary District FAX:(925)2284624 CHARLES W�B GeneralManager KENTOML.ALM Counsel far the District (.510)808-2000 JOYCE E.MURPHY Secretary of the Dixtr;ct September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wagelhour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,.th,e Above wagerate':s apply to the Source Control staff at the current time and,does not refle'dt the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. IASource Contro0001JBradtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me knew if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sh cc: Curt Swanson 1ASource Controll20031„BradtCCCWPLtr.doc . Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT 2500 P177SBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (925)756-1980 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.24751 $ 96.24 Cain 47.3802 607o 28.4281 1207. 56.85621 $ 132.66 Kobayashi 37.941.3 60% 22.7648 120% 45.52961 $ 106.24 Z by: Gozza Finance Supervisor (925) 756-1924 U:\WORD\DATANisc\Lab RAtes for KY 8-28-03-2.doc Appendix B EAST BAY 1 I-.,PMUNIC/PAL UTILITY DISTRICT DAVOR.WUJAM5 DIRECTOR OF WASrEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA. 94553-4897 Dear Josh, Re: EBMUD STORMWATER.INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131%of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBNfM overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. Regards, - �--- GAYITUPPER Supervising Wastewater Control representative WANAB\1DS\Stormwater\Rates letter 9.2.03.doc P.D.BOX24055. OAKLAND . CA 94823.1055 . 1510) 289-1405 kYcycwa POPer y Appendix C POTW COMMERCIAL/INDUSTRIAL STOR1VtWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone! Facsimile/E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3`d&H Street Phoffmeiste[@ci.antioch.ca.us Antioch,CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffmeister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffmeister0c1,clavton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord, CA 94519 (925)680-1660(Fax) Clean Water Program ieffrQci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)8380360(Fax) Senior Planner cmccanna,ci.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance &Engineering bking(&ci.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 gonna Feehan Public Works Services (925)934-3662 (Fax) Public Works Services 3001 Camino Diablo dfeehan@ci.iafavette.ca.us Management Assistant Lafayette,CA 94549 _ City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer eaiberto.aa cityofmartinez.ocg Town of Moraga 2500 Donald Drive (877)235-0653('roll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga"Gown Engineer (916)676-1071(Fax) bdunn clr7lo2a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan . Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vooan0.ci.oaklev.ca.us Oakley, CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda, CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mavaraoo aLMcomcast.net Manager Orinda, CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey(5ci.p4nole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814 (Fax) Associate Planner kstrelo .ci.gittsbura.ca.us _ i Appendix POTW CONRYIERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (L'Y2003 Aggen Address Phone/Facsimile/ E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) fteachoutL)di.r)leasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwuiCZDcl.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Minta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkins(-5cl.walnut-creek.mus NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasOow.co,cont L-a-costa.ca-us 925-313-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management lbradt(&t>m.!io-.contra-costa.o.us Planning Specialist 2 Appendix b 21 cY, o <tcn rnr- x, oscaousr� a� voscors u� a o cCs cv ccs ccs *� N v �- � c= cn res co m t us Ci w LU o «� �- N r- N r- N LO m o 0 cD r� r N N .- r7 er7 N rs r- to � w a cz o -2% cc c a Z ca ca �= z° 0 M �- o 6> co d` U) ;T r LA (D C) N o 0 u'3 ti t'- 3`-• N m eN-- N N r- CY) r N C? 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Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY g o o dd in oLo a to C) din o LO`* r to c N d `t to f- Co o N C r " Co ��„ CV taw :y t4 N 6, t)- 6 N LL (09, mss- 64 64 Vj� 64). &9. 61> `e co an d � trs d sn d o d as 9• at tt cD � M M N t0 r N r er tt7 tD +et .,r to C 9 td0 N d to r-N N d N tC? r C z r N r� r N h- M U7 t^- tt7 d Ln d h M 69 Eft 64 69� Es4 60• 63 Et} 6? 60 64 � 69 Vik 4f) y t6 0 Ot co >- 43 M c0 '' M M N {0 CD e7 d CJ t7) CL tC14M ei u> lli7 {1) c 0000000 OCd5' tdt3 N t N N N r Oaj 6�t 6f# 64 � 63 Eft 6% 69 � 69 � 6 6 Y U (0 CO 40 to d t"•• t0 d 1f') to d t7C? to B) M t j M M N to r N r M 0 0 s}•CL � G c OdtcN 0ddN N du O W 6 -D C 'It t0 - NG_ o = r N (�. rN- r t, M vi t`- t!S N t77 d !'•- 6 69 69 9 6 � 9 6't tlll� 6). 69 69 Mi. 4 M N .. V `� } f0 t0Lo d r- f0 d in 0 d C#• d N 4) M N M M N Cil r N r M to ft:} st p J9 cdv a s dd o o edn uds 0 � o tC3 0 C' r O tt> N ,� V co i~ N N N rn r cl x L41 CS r N rter r fes- N 1PS P tt7 r to w r w m S- EfY d4 6Ft Eft Ei9• J 6% 6F} 69F 6°t d3 6f3 fsPt [V � >'• 4) d `• M c�h N C�0 CO d tt7 tt> d +et to M N N r M 3C3 U-) V :.T-- C L � _ 4)to O O b ttj CsLO C,O d C> d d O Cl 0 dCO m 69 69 6a, 6N3 69 V). in, � } F1i 69 69 6�* CL iL r � 0 d MCSid 0 w d ty N M us C Cri CD CL y o L `t7 — .Q 0 0 0 CL E GL U) Ste' RESOLUTION NO. 03-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING THE FIRST AMENDMENT TO THE STOR.NIWATER UTILITY AREA. AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES. WHEREAS, a "Stonnwater Utility Area Agreement Between The Contra Costa County Flood Control And Water_Conservation District(District) And The Cityof Hercules " (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on June 10, 2003;and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to defu3e the entirety of the Agreement, to terminate the prior Stormwater Utility Area Agreement and to establish an effective date of July 1,2003;and WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall be read as follows: 13. This Agreement is the entire Agreement between the parties on the subject matter of this Agreement and can be amended only as provided herein;and WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This Agreement terminates and superce�des, the Stormwater Utility Area Agreement between District and City that the parties previously entered into on November 9, 1999;and WHEREAS,the Stormwater Utility Area Agreement is amended by changing the effective date of the Agreement to July 1, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the Council does resolve as follows: 1. The City Manager is authorized to execute the"First Amendment To Stormwater Utility Area Agreement Between Contra Costa County Flood Control And Water Conservation District And The City Of Hercules"subject to the City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa.County Flood Control and Water Conservation District. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 96'day of December 2003 by the following vote of the Council: AYES: Balico, Batara, Evans-Young, Valstad, Ward NOES: None ABSENT: None Joaffe Ward, Mayor ATTEST-" 8 .1 S. r .y DoreeANN4thews,City,C Xf/ 11 .: > ..-.a }-_1 ..'Gl. .: .................................................................................................................................................................................... . . ....................... FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES ("FIRST AMENDMENT") entered into on the 9th day of December, 2003, is between the City of Hercules, a municipal corporation—(hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF HERCULES (hereinafter "AGREEMENT") entered into on the 10th day of June, 2003. 3. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall readi as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 4. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 9, 1999. 5. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY F HERCULES CONTROL AND WATER � CONSERVATIONDIST By: By: C air, Board of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrators By: eputy, V City Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu Chief E ine By: By: City Engi -er Form Approved: Form Approved: Silvano B. Marchesi County Counsel =f By: By Deputy dity Attorney' G:\GrpData\FtdCtKSWUF\BO\Agrownents\FY 03 04tSUA amendm9ntslt.ettarstHsrcuies i Amend.doc Page 2 of 2 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM ................................................................................. ................................................ .......... EXHIBIT "Ayl AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION, DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON` RA COSTA CLEAN WATER PROGRAM The Agreement is made this 40 day of 04<2 _, 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial a.nd commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and I WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; control-ling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-'stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and ..............I...''.......... WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date'all four (4) parties have executed this Agreement until June 30, 2005, This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties) and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified) in writing of any written modification to the Agreement. 4. Responsibilities_ of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and '''investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential' violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the ParticipatingMunicipalities, shall' also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon 'termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. (j) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below.',The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercialfindustrial j'facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal j year(s) under this agreement shall be as follows: First Quarter-October 15, Second (quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiatedon behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial; The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal casts will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (46) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the;following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 __...... . ......... ......... ......... ......._. .._. ..... .. . _... ......... ......................__.. ......... ......... ......... ......... ........ ......... . ........ ......... (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, in,:luding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence,willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY'S, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTR€CT By: + t a f *�'�,�'"l�"Erl,�."z„'�'l "s fi?y'1r-.-^"'�•""y By: Its: ._ Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesl, County Counsel By: By: David F. Schmidt, Deputy County Counsel Att e Dated: f �. Dated: 70 Cr.NNITARY RAL C TRA COSTA D A IAB NITATION DISTRICT S T ICT B V WV Its: General Manager Its: P-r--ntjG GEFNMV-Pt, k,, P,� e k--z APPROVED 1 T O APPROVED AS TO FORM: By: By; Attorney ttorney' Dated: Dated: ?112- 0 Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. --4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:1GrpData\NPDES\Illliicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-inspection Contract 07 03.doc Final: 07/01/03 Page 11 Appendix B Central Contra Costa SanitaryDistrict t Y 228-9500 FAX: (925)228-4624 CHARLES W BAM General Manager KENTONL.ACM Counsel for the District (310)808-3000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Miley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discusse.d,..the.above wage rates apply to the Source Control staff at the current time and does not reflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. [ASouroe Con troU003W B radtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. 1 look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, T4� Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson (:\Source Control\2003\JBradtCCCWPLtr.doc . Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLAN: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate & Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Pre aced by: Robert Gozza Finance Supervisor (925) 756-1924 UAWORD\DATA1Misc\Lab RAtes for KY 8-28-03-2.doc .......—.................................................................................. ....................................................................— Appendix B EAST BAY MUNICIPAL UTILITY DISTRICT DAVID P.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBM1JD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector 11 Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBNfUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead-" Please let me know if you need additional information. G3;AYRe d TUPT L TUPPER Supervising Wastewater Control Representative WANAB\lDS\Stormwater\Rates letter 9.2.03.doe P.0-BOX 24055. OAKLAND. CA 94623-1055 (510) 287-1405 ............. .................................................. . a Appendix C PUTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY'2003-2004) Agency Address Phone( Facsimile/E-Mail Representative City of Antioch P.O. Box 50017 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3r4 & H Street Phoffinelsteraci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffine€ster Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffineister t0cI,clayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1880(Fax) Clean Water Program €effr—,l.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)8380360 (Fax) Senior Planner cmccanna-ci.danville.ca,us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce Icing El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance &Engineering bkincia-ci.ei-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan a cl.lafavette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ea lberto6,cityofmartin ez.ora Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Chinn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunnct l_p2a.com City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vooan c-Dgl.oakley.ca.us Oakley, CA 94561 City of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Stripping Address. Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda road mayarappeconrcast.net Manager Orinda, CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole,CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey_aci.pinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814 (Fax) Associate Planner kstrelo _ci.plttsburg.ca.us 2 Appendix { POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Acieney Address Phone/Facsimile/ E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd 7eachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout a@ci.oleasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Crow Canyon Place rwui(a ci.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins ci.walnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez, CA 94553 (925)313-2301 (Fax) Program Manager dfreitasaa pw.co.contra-costa.ca.us 925-313-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management lbradtO,pw.co.contra-costa.ca.us Planning Specialist 2 Appendix D 4 M CD Cr} CD LO CN 4U 4i m N CO r N r e N N if7 M CL': g 137 _ O N . m 06 4iA N :p3 N C ro 0 CD d CO Kr co N M Cn ' �y^ Ct7 COt� 4C} :E v1 tU y �} v c C p $ CL m cc C Ci �: > c cu ' 61 co 'It u7 d° +— CSS 4p t77 N O 0 4!7 t-- f•- f.. 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N — t V) to It r co cc IN cc co co 9 co to 0 0 1- co 0 Ln 0 C:� w m I- co w M M N (0 — N U') UO d U-) cc E E .2 r 0 cu CL Q0 r too or-- (DoLn U") C, co 0) N m (D co N M M N tD r N r M 0 0 '43' U- A cc in 0 a V) ) 0 M M N (0 N MVLO LO 'It LL W co 0 9 z cu C.0 43 — Lo Lnrt — N r- CL = 0 U- 0 c cu 'r- fn t-- cc o U.) w CD -I- m C14 m cor-- Cf) M M N <0 N N U-j n "T ID cc N t7 C14 2 Z 0 0 U- (D E E E CD VS CD m LO CIO Ul) co 0) 1- LO rLO m u7u7 � M U) w E m l- LO N to r- 43 to CN V) 0) t— CN cq d 0 o 0 0 CU to aL CM M > - — ro 0 U3 "Fu E aL co 0 -0 a) CL LOin (.0 "It, C14 CD CO ,;t Nr z mc 0 CD LO to N M r m (U 0 E W EQ) E (D E M 0 CD .2 _0 II cu 0 ca — - sn a) w (D 0. 0 Cl 0 > 0 m Cf) C14 CO N cn qtr -ct Lo co U) = a) — F- cz . CDC P w 0 E (D a) o = CLr_ cu U) N .0 co 0 CL > co cc 0 (D 5, 5, 0 - C) Ea {Vm to co cu >� 'M 5) (D 0 LLI a) (D 0 co r) et C17 1- 00 C) co co et 0) to M "I, CD co to 'IT C14 �r CY) 'Tr co LO ce) w C14 CO C14 C14 Lf) ce) to C.0 0 m 0 CL cf) MC C: N E C Cc 15 4i CL a . C: C: a) IE m ca () m " M C: m ca U) 3 n" 0- cu rocl, ........................................................ Appendix 0Uoc� c7o � U-) U) o stcv_ � b4 kH 6'9 6K} E�4 CN Rs O# Uj W 40 O r,-'�- G co {N G"7 M N CD CPD d r U w 'tl 417 �N C r CL C o G c o o 000 0 1005 0 ? Ua t0 Ct! t h N CS N Go E eN- r 61, N 4C) ems- '•r1 co pp U- 69 69 63^ 69 df3 Cy9 b9 64 NES! N eR tU b 03 4Y sm cD s C7 r� zC7 LO Ca Ca a7 M m r`- rn C N cn M N 0 , N — v tc7 tri y r � 4) C V? Ui t. coo O C� o C7 C3 0 0 0 0 CD o t c' as 0 0 N '� LC3 4 c) tt7 u> 000 to }a 61 6�? f-19. 6 M 6~'`>• 69. r - N co lL v� 69 64 69 } N vy v rn cu O >, a� } tD N CD LO 0LOt� tis qtil O w M ,N N C M t+7 N co w f7 t17 117 et �,,, C C SV cc Gc[s c» C? C�7 Z N 1t7 N N Uri � 0 m 6N9 fl- r ; t"' tt"i t�+ t17 ,NU�7 CC !�. 6% 63 64 63 in4 N �U O M � �- m to r c� r. wcs :n u o v oz N a7 0 N C} t 7 N <D r N r7 LO LO tt r U C � � t7 t,`LS o is M C5 (M � N 2f7 a O V) ct U u q N p C37 yy`r _N tl N tD h N N cV d� - N cl Cl (l L.. lL. d9 �' N 69 69 61> 69 6r4 b4 N 69 to C Qj C t V rn Q9. C O mca M Q '� p M 04t t L M1t L� tto C7t rtf")- 127 w cu 4t p +t3 Ch LDLO Cs N O �J0' � O to ch D t C7 tD i�. N C� N v N _ m m CO co q 0 m 6�3 � &ci MU96�`S6s U. �r 6469 N D 7' b. M t'"1 �N CCD r N to U-) V �`M Ll �- YC3 d C1 ltS0 ( LL w d L- C x0 CL) 0 ID d m iV N CL tS O G1 = i y CD CO T 5, O o -o cin fY rri n sCUUf� LL1 .r � � OC7LLCLCL (� m h Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY o 8 0 '� col � o 0 tori �' co o uos 0s tr fo ry C3 `Ir_ to r_ N � N C� r tf7 LL E{} E!}to ctt Efl 6Ft Et} + G @ o Uri N 't in COD 'V C 00 0v a ` at " ccN o na to C>O o r r 9 V C o m s 69), � 61% 6-* W, Vs q co U3 o r. to o Ln o 0 o a) Y 1U M M M N to r N r d tf) U7 r y C t ¢1 Cil C1 o In a 0 o o 9 to to O to O CC) r C1 tfJ CV C0 `t to r- N N fil M r r- tiF7 M N '7 N Nr M tt� r% ifs NC) d r- m 6@ 669 64 69 EA 6M 'i } 6�'f 4 tl 4i 5 o a) Co to V to tt7 Cl R CD 0 V) tf> 0 CD Cs N y- N M M M N CD r N r Cl) to U7 tr N p N 0 0M a 0 O U'j 0o dO u 0 0 d 0 > rSs to cv O t- c C' C' Cl r r� o � V to mN r� N r r- U7 ' ui N m vJ t-- 0) m ft} EH EA Eta C4 EA 69 5H EH ER . o as 0 o r o o 0 0 Cl tet 07 CU M Cy M M N cD r N r M to lf3 sr r Q O CD CD �oOa � � � `rcri le 4 m rID N NN m t Uy U- .0 tLt CJi ac =j } 3 N � m U7 d r• tD C) 0 to o � m N 0 M by M M N cD r N r M to tc) st co CLt„ y 0 a C7 o G ® o � � 0 � O Cl o C7 d ,a 0 Ol C0D N 0 d: 0 rr N w N � I N 0" W 64 Ef} 6N9, 05, Ef3 669 66 611/ to Eft: 69 Q+ tf, rn +i- C 0 t 06x m �r M M o to tf) N if7 N to st y M M M N to N N totf) t vt CL C (uoo : } C3 U U OO . �` Ca iC m CU 4) .L2' Ll''' � X LtT O ca m tp 0 fiX 'ice C lUcc R3 to QC.7ULlW _.1 2000- 1- Q- cj) �. BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Approving the First Amendment to the ) RESOLUTION NO. 2003-056 Stormwater Utility Area Agreement between ) Contra Costa County Flood Control and ) and Water Conservation District and The City of Lafayette ) WHEREAS, the City of Lafayette, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permitis the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999" (Plan and its successor); and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge ;control activities; and, WHEREAS, the City of Lafayette agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of Lafayette to participate in this joint inspection program; and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 14, 2003; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. WHEREAS, the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRACOSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B 'attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on October 25, 1999. WHEREAS, the Stormwater Utility Area Agreement is amended by changing the effective date of the AGREEMENT to July 1, 2003. NOW, THEREFORE THE CITY OF LAFAYETTE DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City of Lafayette on December 8 , 2003, by the following vote: AYES: Anduri, Eederighi, Samson and Tatzin NOES: None ABSTAIN: gone ABSENT: Horn APPROVED: p Mayor, Erling Hdrn ATTEST: - opnne Robbins, City Clerk __ _ ___ FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATERCONSERVATION DISTRICT AND THE CITY OF LAFAYETTE ("FIRST AMENDMENT")'entered into on the day of December , 2003, is between the City of Lafayette, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood'' Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE (hereinafter "AGREEMENT") entered into on the 14th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7. CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control Inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28ffi day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on October 25, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF LAFAYETTE CONTROL AND WATER CON ATION DISTRIC By: By; air, Board of Supervisors City Manager 71 ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator By: By: t De uty ty Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Enc'neer By: By: ity Public Wo Services Manager Page 2 of 3 Form Approved: Form Approved: Silvano B. Marchesi County Counsel t By: B Deputy -Ci tyA torney Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONirRA COSTA CLEAN WATER PROGRAM The Agreement is made this 29'- day of � _$ 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued ;National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan, and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties' and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified' in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and 'investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. ft To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrialfacilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal', year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District ' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the 'inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse -ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 __ suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY'S, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94507-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 _..__.... _...... ......... ......... ............................... _ _ ........ ..._...... ...._.__. ........... ..........._..__...... ......_._. ....._...... ......_..._........._................... IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT Y• By. d Its: 9;I Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvana B. Marchesi, County Counsel By: By: 7//, ., X-4 I David F. S�t, Deputy Count Counsel A / ne Dated: 1t, Dated: CrNITARY RAL C TRA COSTA D A IAB NITATION DISTRICT S T ICT B Its: General Manager Its: S PG G9tJMV-At., APPROVED T 0 APPROVED AS TO FORM: By: By: Attorney ttorney Dated: f Dated: : ) Page 10 ......... .._...... ......... ......... ......... .....-..-___....... ..... .......... ........... ......... ......... ......... ......... ......... ......... .................. _ _. .... _.......... ......... . ........ ......... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours` Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\Illlicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final: 07/01/03 Page 11 Appendix B Central Contra Costa Sanitary District 1 228-9500 0} FAX: (925)228-4624 CHARLES W—BAITS GeneralManager KENTONL.ALM Counsel for the District (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94558 Dear Mr. Bradt; CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Mame Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26,25 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,,the.abbVe wage`rates apply to the Source Control staff at the current time and does not reftect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASource Contro3120031JBradtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource Control12003\JBradtCCCWPLtr.doc Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT. 2500 PrrTSBURG-ANTIt3CH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (926)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-prod Overhead TOTAL Breathers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.380 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 3'7.9413 60% 22.7648 120% 45.5296 $ 106.24 Prepared by: Robert Gozza Finance Supervisor (925) 756-1924 U:1W0RD\DATA% isc\Lab RAtes for KY 8-28-03-2.doc ..................................................................................................... ................................................................................... ................................ Appendix B EAST SAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. R ds, Re 'Is'. G3;AYL TUPPER Supervising Wastewater Control Representative WANAB\IDS\Stormwater\R,ates letter 9.2.03.doc P.C.60X24065. OAKLAND . CA 94623-7055 . 15?0) 287-1405 ......................................................................... Appendix C POTW CC13V MERCIAMNDUSTRUL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/ Facsimile/E-Mail Representative City of Antioch P.Q. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst 3`1&H Street Phoffineister cr ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffineister cl.cla=n.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1660(Fax) Clean Water Program !ef€ra ci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838-0360(Fax) Senior Planner cmccann d.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkina@ci.el-cerdto.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662 (Fax) Public Works Services 3001 Camino Diablo dfeehan c.ci.iafavette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealberto ft_citvofmartinez.org Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga,CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn(a7k2a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vogan(Mcf oakley.ca.us Oakley, CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mavarapg _co_mcast net Manager Orinda, CA 94563 City of Pinole 2131 bear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvolsey -ci.pinole.ca.us City of Pittsburg 65 Civic Avenue (925).252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814 (Fax) Associate Planner kstreio a).cl.pittsburg.ca.us 2 Appendix + POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING NIZ.3NICIPALITIES (FY2003-2004) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)679-5261 Todd Teachout Pleasant Hili, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachoutta.ci.pieasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Andress: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwuiaci.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins@ci.wainut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freltas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitastii�ow.co.contra-costa.ca.us 925-313-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management jbradtaa.pw.co.contra-costa.ca.us Planning Specialist 2 Appendix d ZO co N to co ct N tr co co M d M Ln M Lo Ctit CO r r r o o CL y N > C � G •C C 6 yC1 � C f9 p V* to CV U) try -r C.0 u) M ^" 0 -0 *0 CV 04 r M r M CU M r tL7 0 E to Q j N T v C ocin aJ O C 'O cc C 0 v C > 0 ca .� CO "t• Z� S$' e- 0) to (MNCS0 U-Jt+. t, Sti- � � a Z M 04 N CV r t+} .-- CV M N M h- m ro •J ^O Uj c� © E v �_ L., i� {�.7 p, E 1 C C 4 O �7 C31 C7 r d' O to M CQ M r GO C71 Liz LD '�S' M r ill >t4 C O m � Nr 47 c� ¢} r d 6) h- CO 00 co r 1 j r r e- r M . •C Cp .� til r C 0 0 .. ro a is _ awl �j ci "G c Z t�Ei'i � � ti•° tGl •in :ff1 � CL a CL ta CM Lf.. c O �+ 0 a) � c Q a7 Ci `N to 40 C G 14 5 = NO C7) to � to r � l+y r- M CSS LO M Cl) p r M G%7 tC? t0 0) M co toNt t7) tyy r u! a1 tv OLL r N `` o 3 + G •Ct. uj t ++ c ay U E E LO co to to C N b N P., co r-, tm tU coo72 ucu co to 1X1 0 UJ > z Z � I Ct1 G3 co _ Y C3 C1 vs C N Q X- chi C�7 c`S ice'` al Q) co t� .2 v > a) >,.� M cu -0 .n N tY_ c Uva 1 c o UCmom cocc n QUCJC1tt1 r � � dC7fLE1-- Appendix D L'7 � rn C7M rN _t2 N D. 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Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY 0 Om0N "tN C dtl' N CO t- iq L N N M LL ffl to,* 60 613 E! 64ENR6,9 64 64 ErA 6trJ93 641YrN 6t--9,- 6M. tt7 � O NS- 'y r04 M CD co qM0 0bOOOOOCO OjCDf ) OO LS N Ul) CD (1:1 r O> CO N V: ti 0 N M r U) r rN ham- r N LO N LCJ N r 17 m 69 69 64 65, 6q 6q Ef! 613 EH 60), 69 Q% to fcy � L O w Cidm til d h. CO O 0 O O co 0) LO y VS M O N M M N Cil r N r d 0 u'7 et r N d Cx O d O O d O d O O O O d d CS CD r.- CU co O C D COD N N N N N r d = r N 1�- r eN- 6 N t!'1 to) 6- r N --. .dot c Um 69 o 69 63 6�l � 64 69 � � 69 E9 69 65 64 O y d 7- cli (D M CO N N M N CSD N r M 000 tC5 U) INr r C71 C C co O D O O COD N 0C S t 01 NN NrhtO N llj O EgOl 6 6cli Cj 04 CN ~9 6 69 69 Cfl 69 vj� m to O CD N M CO N M M N CO r N r C-) U) 0 Nr 06 O Je m O i i w 0N �Cl U) Oj 'fid_ N Cl N in LO C r cl p 3 r N Imo- { eN-- N N U') z64). 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RESOLUTION NO. 131-03 APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE ,CITY OF MARTINEZ FOR COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION SERVICES WHEREAS, the City of Martinez, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/12004) June 30, 199911 (Plan and its successor) ; and WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the City of Martinez agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge controlactivities, rather then establishing new unique inspection programs solely for each municipality; and WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM) , THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection-activities and illicit discharge control activities; and WHEREAS, it is in the interest of the City of Martin t -ff,A : continue participating in this joint inspectio'n: "p�-i.D.""� ;' WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF MARTINEZ" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments and Inspection Program activities was approved at the City Council Meeting of the City of Martinez on July 16, 2003; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to terminate and supercede the Stormwater Utility Area Agreement previously entered into on December 7 , 1999. NOW, THEREFORE THE CITY OF MARTINEZ DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the "First Amendment to Stormwater Utility Area Agreement between Contra Costa County Flood Control and Water Conservation District and City of Martinez for Commercial/Industrial Stormwater Inspection Services" subject to City Attorney's approval. 2 . Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the. 5th day of November 2003 , by the following vote: AYES: Councilmembers DeLaney, Kennedy, Wainwright, Vice Mayor Ross, and Mayor Schroder NOES: None ABSENT: None 6L, I HEREBY CERTIFY that this RICHARD G. HERNANDEZ, CITY CLERK instrument is a true and CITY OF MARTINEZ correct copy of the orifi W on file in this offim RICHARD G.HEit A CITY CLERK i� �� CfTY ,r, � r. FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CO'NSERVATI'ON DISTRICT AND THE CITY OF MARTINEZ FOR COMMERCIALIIND'USTRIAL STORMWATER INSPECTION SERVICES 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISR'CT A ND THE CITI 0 F M ARTINEZ "FIRST A MENDMENT") entered' i nto on t he daY of '*' , 24( between the City of Martinez, a municipal corporation (hereinaft r "CITY"), and the ontra Costa County Flood Control a nd Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DIST ICT AND THE CIT ' OF MARTINEZ (hereinafter "AGREEMENT") entered into on the_41eday of 40-PlI , 2003'. 3. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999. CONTRA COSTA COUNTY FLOOD CITY OF MARTINEZ CONTROL AND WATER June Catalano- City Manager CThair, ATIO DIST By: Board of Supervisors ATTEST: ATTEST: John Sweeten, Clerk of the Board Richard G. Hernandez- City Clerk of Supervisors and County Administrator By: eputy D putt', _... ._ ._....._. ......... _ ._...... ........_.__...._. __... ... __ _ _........ ....._... _........ ......... _... ...................... . ._....... ......... ......... ......... ......... ......... Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer By: By. .., • ity Engineer Form Approved: Form Approved: Silvana B. Marchesi Jeff Walter- City Attorney County Counsel By: JAJ, 4 By: f Qepefy A,<'Z 4. r G:\GrpDatMFldGtl\SWUF\80\AgreementsNFY 03 04\SUA amendments\3-Martinez.doa _ _..._. _.__..._. ......._. ......... ......... ....._. .. . _ ......................... ...__......... ......... ......... ......... ......... ......... ......... ......... ......... ......._. ... ......... ......... ......... .......... EXHIBIT "Ay, AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON'R RA COSTA CLEAN WATER PROGRAM The Agreement is made this day of r 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies). Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued 'National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Wafer Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan)," and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges. by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the dateall four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." _.. .. ......... ......... ......... ......... ......... ......... ......... ......... ....... ..........._.. ..__..... ......... .............-_....... ......... ......... ......... ......... ......... ......... (c) To perform inspections, investigations and educational efforts' described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating'Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f)- To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 _. _........ ......... ......... ......... ......... ......... ......... ......... ......... ................._....._.__... __ _ ... ............_._.._..... .........._. _.........._..................__..... ...._..... . ......... ......... ._....... ......... ......... the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscalyear(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 ........___........ ...._.._. .._...... _..........._...._.... _.......................... ......._..... ....._.... ..................................... (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide ' such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inr:luding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities ' review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. insurance: During the term of this Agreement, the Agencies shall carry' Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. if one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30)' days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and ;hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, ' conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees ' from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising but of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 __ _.. ......._. ......... ......... ......... ......... ......... ......... ......... .. ... ........ ............... .......... ......... ......... .......... ......... ......... ......... ......... ......... ......... 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration, In the event' the parties cannot agree to an arbitrator within thirty (30) days after a party requests' arbitration by written notice to the other parties, the arbitrator may be selected by petition' of any party to the Superior Court of the County of Contra Costa. Page 9 __ .................................... ........................................................................................................ .............................. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT By: By: Its: 1*41 6MJ�M A.> Its: General Manager T— () APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: By: David F. Schmidt, Deputy County Counsel Att/6—ie�� Dated: �11(. `p-T Dated: l�f CE RALC TRA COSTA D A IABVr�ANITATION DISTRICT S NITARY T ICT Ml IAB I T, B Its: General Manager ........ Its: A-Ctl NG GaN e V-Ab-L, K-&N A-c,L-k-2— APPROVED T O APPROVED AS TO FORM: By: By: I Attorney orney Dated: Dated: z Page 10 . .......................................................................... _. . ... ..._.. ......... ......... ......... .._.... _. ...... ........ .............. ......... ......... ......... ......... ......... ......... ......... .............. _. - _ _ _....._._ ......._. ......... .................... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. --4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\IIIlicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-inspection Contract 07 03.doc Final: 07/01/03 Page 11 _........ ......... ......... ......... ......... ......... ......... 11.1.1. ....... .........._... .................__...... .._...... ......... ......... ......... ......... ................... ___ ......... . ........ ......... Appendix B Central Contra Costa Sanitary District �strict 019 Imhoff Place.Martinez,Ca 9453-3 228-9500 wma,%mmiralsan.org FAX:(925)2284624 CHARLES W,BAM Genera!Manager KENTONL.ALM Counsel for the Dfitriet (510)808-2000 JOYCE E.MURPHY ,Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wagelhour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003104 is 1.35 As we discussed,.the above wag,e''rates apply to the Source Control staff at the current time and does not refiled the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. l:lSource Contro1=031JBradtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, t Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource Controit2003WBradtCCCWPLtr.doc _.._. _........ ......... ......... ......... ......... ..._._... ... ....... ........... ............ ....._.._ ............ .. .._.__... . ......... ......... ......... ......... ......... ......... Appendix E low. Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2506 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94549-5373 TEL.: (925)756-1904 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1964 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Pius Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 473802 60%d 28.4281 120% 56.8562 $ 132.66 Kobayashi 379413 60% 22.7648 120% 45.5296 $ 106.24 Prepared by: Robert Gozza Finance Supervisor (925) 756-1924 U.\WORD\DATAWisc\Lab RAtes for KY 8-28-03-2.doe 11.11 _.._ . ........ ......... ......... ......... ......... ......... ......... ......._1..._111 _. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... • Appendix 8 EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWA.TER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. Re ds, GAYL TUPPER Supervising Wastewater Control Representative W:\NAB\lBS\Stormwater\R.ates letter 9.2.03.doc P.O.BOX 24055. OAKLAND. CA 94623-1055. (510J 287.1405 NecyGed gaper . Appendix C POTW COMMERCIAL/INDUSTRIA.L STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimile/ E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffmeister Shipping Address: Antioch, CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3F1& H Street Phoffineisterca d.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura HofFmeister Clayton, CA 94517 (925)672-4917(Fax) Assistant to City Manager LhoffmeisterOci.clayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubai Concord, CA 94519 (925)680-1660(Fax) Clean Water Program 1effr(&c1.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)8380360(Fax) Senior Planner cmccann(ofti.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance &Engineering bklnolc7ci.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan r0ci.lafavette.ca.us Management Assistant Lafayette, CA 94549 — City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealberto a(,cityofmartinez.o[g Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunnf-la 1p2a.com City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vogan0,ci.oaklev.ca.us Oakley, CA 94561 City of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993 (Fax) Stormwater Program 14 Altarinda Road mavaraoo -comcast.net Manager Orinda, CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisev of ..ci.Dinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814 (Fax) Associate Planner kstreloir,�la ci.pittsburg.ca.us 1 Appendix { POTW COMMERCIALtINDUSTRIAL STORMWATER INSPECTION CONTACT SKEET FOR PARTICIPATING MUNICIPALITIES (FY'2003-2004) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hili 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hili, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-4451 (cell phone) tteachout at"7.ci.pleasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon, CA 94583 (925)866-6173 (l=ax) Associate Engineer 3180 Crow Canyon Place rwulacl.san-ramon.ca.us Suite'140 San Ramon, CA 94563 City of Walnut Creek P.O, Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkinseci.walnut-creek.cams; NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitasO.Dw.co.coatra-costa.ca.us 925-313-2000 (925)313-2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management lbradta-)Pw.ca.contra-costa.ca.us Planning Specialist 2 Appendix D 4 m CD M to _0 (D N CO Co -1 N -zt 0 (o M 'Rt M LO M Ln C oo T-- — , 0 N NU') MCLU *a) m 0 :E wo C3 f3 C: wo m U. 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BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the matter of: A RESOLUTION APPROVING THE ) FIRST AMENDMENT TO THE AUGUST } Resolution 40-2003 2003 STORMWATER UTILITY AREA } AGREEMENT BETWEEN CONTRA } COSTA COUNTY FLOOD CONTROL j AND WATER CONSERVATION ) DISTRICT AND THE TOWN OF ) MORAGA ) WHEREAS, the Town of Moraga, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (199912004) June 30, 1999" (Plan and its successor); and, WHEREAS, the Pian does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the Town of Moraga agrees that the publicgoodis best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, ......... ......... ......... ......... ........... _.. _ _... _ __ ........._ _. ......... ......... ................._ WHEREAS, it is in the interest of the Town of Moraga to participate in this joint inspection program; and, WHEREAS, on December 7, 1999 the Town and District previously entered into Stormwater Utility Area Agreement delineating the implementation of Stormwater Utility Assessments; and, WHEREAS, a new STORMWATER UTILITY AREA AGREEMENT between the District and Town further delineating the implementation of Stormwater Utility Assessments was entered into on August 6, 2003; and, WHEREAS, it is necessary to amend the Stormwater Utility Area Agreement in order to terminate the original agreement and further allow the District to administer the inspection program. NOW, THE TOWN OF MORAGA DOES RESOLVE AS FOLLOWS. 1. The August 2003 Stormwater Utility Area Agreement is amended by adding the following to Section 7: TOWN authorizes DISTRICT, on its behalf, to executeanagreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. TOWN's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, TOWN and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT, 2. The Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 3. The Stormwater Utility Area Agreement is amended by adding Section 14, which shall react as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and TOWN that the parties previously entered into on December 7, 1999. 4. The Stormwater Utility Area Agreement is amended by changing the effective date of tate AGREEMENT to July 1, 2003. 5. The Town Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF MORAGA" subject to Town Attorney's approval. 6. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. 7. By adoption of this resolution the Town Council rescinds Resolution 28- 2003 previously adopted on August F, 2003. PASSED AND ADOPTED by the Town of Moraga on December 10, 2003, by the following vote: AYES: Mayor Dennis Cunnane, Mice Mayor Mike Majchczak, Councilmember Dale Walwark, Councilmember Jerry Karney and Councilmember Lori Landis NOES: None ABSTAIN: None ABSENT: None Dennis Cunnane,Mayor Carol J.Lau,Tower Clerk FIRST AMENDMENT TO AUGUST 2003 STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF MORAGA I. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DIST&CT AND THE Toy N 'OF MC3RAEta (""FIRST AMENDMENT") entered into on the day of ' 20s between the Town of Moraga, a municipal corporation (hereinafter "TOW ") and the Contra County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF MORAGAA (hereinafter"AGREEMENT") entered into on the 6th day of August 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7.- TOWN :TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial `and commercial inspection activities and Illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM( will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD (CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, datedthe 281h clay of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. TOWN's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, TOWN and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. ............. ...................................................................................... 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14:.This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and TOWN that the parties previously entered into on December T'l 999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD TOWN OF MORAGA CONTROL AND WATER VA I N D T `7 air, Board of Supervisors Town Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy Town Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer By: la�4 - By: Q4, `�"4� r Town Engineer Form Approved: Form Appro Silvano B. Marchesi County Counsel 1, ' By: N By: Deputy I -V- Tow Attorney Page 2 of 2 ......................... ...... ..........- _... ......... ......... ......... ......... 1.11.1 1111_.... ._.... ....... .........._.... ........... _........ ......._. ......... ......... ......... ......... ....... .. _ _. _ ......... . ........ ......... EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD. CONTROL & WATER CONSERVATION DISTRICT {ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A» AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON`►RA COSTA CLEAN WATER PROGRAM The Agreement is made this � day of + 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBM'UD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting Stormwater inspections of industrial and commercial facilities; controlling illicit discharges. by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities)or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and _........ ......... ......... ......... ......... ......... ......... ......... ......... .._....1111.. .1111 . .......................... ........._. .................._._.... .. ......... ......... ......... ......... .......... ......... WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, >Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by j all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bili the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. ...... .............. _._..._.. ......... ......... ...._.... ........._.. ......... ......... ......... .......... ........ ......... (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Waming Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an, inspected location. The Agencies, at the direction of the Participating;Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon ;termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commerciallindustrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe ' that legal costs will be incurred in connection with the 'inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inn.luding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities ' review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured 'status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and :hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the C1TY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: in the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as fellows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT BY: � By. Its: d Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: By= ` A5 David F. Schmidt, Deputy County Counsel Aft ne Dated: . �' C D.�r Dated: '?b 0 CE RAL C TRA COSTA DMA AB NITATION DISTRICT S NITARY T ICT B Its: General Manager Its: A'CnV G GEtJMV-P-, APPROVEDT APPROVED AS TO FORM: TM By: By: Attorneyttorney U4111 /r,7 Dated: Dated: Page 10 ..........._..... ......... ......... ......... ......... ......... ......... ..__..__. _ . _ ....... ........._.. ............. ......_...... ......_....... _........ .._.._... ......... ......... ......... ......... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\lIllicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final:07101/03 Wage 11 Appendix B Central Centra Costa Sanitary District Imhoff5019 0t FAX:(925)228-4524 CHARLES ly ffAM GeneralManager KENT'ONL.'ALM Counsel far the District (510)808-1000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning' in Fiscal Year 2003/04 is 1.35 As we discussed,the above Wage rates apply to the Source Control staff at the current time and does not reflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that Will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASeuree Controlt20031JBradtCCCWPLtr.doc (�Recycled Paper ......................................................................................................................................................................... . . . ..................................................... Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let r'n'e know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, 4*tt Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource ControI\20031J6radtCCCWPLtr.doc ............................. ................................................................................................................................................................ .......... .. .................................................................... • Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT. 2500 PtTTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)-756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (926)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate & Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37,9413 60% 22.76481 120% 45.5296 $ 106.24 Pre par d by: Robert Gozza Finance Supervisor (925) 756-1924 UAWORD\DATA\Misc\Lab PLAtes for KY-8-28-03-2.doc ............................................... . .. .. .................................................................................................................................................................................................................. .......... ......__._.......__.. ......... .._..._.. ............. ._....... ......... ......... .._....... .._.._..._..._._. Appendix B EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTE WA TER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as "overhead." Please let me know if you need additional information. Re ds, 3AYL TUPPER Supervising Wastewater Control Representative WANAB\TDS\Stormwater\Rates letter 9.2.03.d3c P.O.BOX 24055. OAKLAND . CA 94623-1065. ;5101 281-1405 AecycNG caper Appendix C POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHFET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) LkgenCy Address Phone/ Facsimile/E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffmeister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3`d&H Street Phoffineister@ci.antioch.ca.us Antioch,CA 94509 City of Clayton 5000 Heritage Trail (925)673-7308 Laura Hoffinelster Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager LhofPmeisterQci.clayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 ;teff Roubal Concord, CA 94519 (925)680-1650(Fax) Clean Water Program ieffr .ci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Manville,CA 94526 (925)838-0360(Fax) Senior Planner cmccann0ci.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bktncrQ,ci.el-cerrlto.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 gonna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan t ci.lafaYette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealberto ,citvofmarhnez.ora Town of Moraga 2500 Donald Drive (877)235-0653 (Toll free) Bob Dunn Moraga,CA (925)260-6130(Cell) Moraga Town Engineer (915)676-1071(Fax) bdunn(&-1 2p a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625a-9194(Fax) City Engineer 3633 Main Street voaan ci.oakley.ca.us Oakley, CA 94551 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Stripping Address: Orinda,CA 94563 (925)253-1993 (Fax) Stormwater Program 14 Altarinda Road mayarapp@ _&omcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510) 724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey�.ci.pi0ole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg,CA 94565 (925)252-4814(Fax) Associate Planner kstreloOa ci.oittsbur-g.ca.us i Appendix POTW COMMERCIAVINDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/f=acsimile/E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachoutta.ci.pleasant-h ill.ca.us City of San Ramon P.Q.Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon, CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwui cr.ci.san-ramon.ca.us Suite 140 - San Ramon, CA 94583 City of Walnut Creek P.Q. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) ,Assistant Engineer/ Walnut Creek, CA 94596 Perkins(-7a ci.walnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreiLa-sjtbpw.co.contra-costa.ca.us 925-31.3-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management jbradtt,pw.co.contra-costa.ca.us Planning Specialist 2 ............................ Appendix D O .t� �M- O C55 C�} h Ct7 tSs tX3 C7 irs t� c1� �t Q� Cil tw1 Q0 N IIs, N y U CLQ N W Cc ti N ,t CO �- co M -, CCS to M Lo � i- LU y N CO r r r (� r N r N to CNM Sa o y F� u m a A in C C y TS R3 O CC d C7 M O CO eP co CJ Ctl t7T tiY CL! in C+} •o N N r M r CO1,� > N COM tm = - ca CL y C C1 co S9 $ rncvo � � � o CE QOT m C CJ •U M "C3 � c � a E ora o E v ii E ou E hC- C7 �- N7 0 Co M t$? COr Cq CIT to GO cS M r ° o U cm 0) N CNC � O C) ice-- c7• r �^ 0) r• M Co CCS r a) '� c � c � N C7 C S41T Q°Sy u7 QT 27J .cc Q C •G w C y Z C 13 El y CD y � tII CD ver M C7 r h CV O r O O N t Cl M C ttl 0 U r t" to y Q? � vs � 2 to Z ca E CL 0) C 4) cu }+. to .r C� M QT t Ud A7C C � $� •� i.N.. (14 C) KA v- Oco'tCMS CCT OM'S (1) CC b e N t E u ro (D co E as w r ci tm m c o , E gs U •x ca ca 0 c a L i c CT �n cC! m U ft) Q t,> CJ ct1I �� M 2 0 0 LL CL Ute) �� .............. Appendix D -tt U-) W -,Cf co CCT cam m to LO m N 0 CD —(o N �in -,t U5 0 0 tmo 0) -,t U- co p E c to ro CD 0 0 to U� 0 co m m G >- >- N Cm CO U*) U') m 0) .0 0 U- E 0 m to — Cou') o I,- Wotn LOOS (M N m >- N z -T-N N V- M LO 't a) CL 0 LL 0 u} ill w 0 1-- cc 0 Lo 0 z m U.) U-) "r CL 0 0) cm CL QCS C C 0 0 co c000r'- wom coo -Tr (n N t: N0 U') M (D cc M 0 M as Eui E E vi " - — cu cu cu 4) 0) 'a .0 > > m0 (0 LO —0 C+'7 (M Ce) CO r- = is M CL 4) Cc O Ln CNJ Ul) CN CN 't cc > pt N> 0 0 0 0E > = - > z C,5 E U� CSS U-) to 0 CO 'IT �o z CN co W (DE co to E 0 0 (D E CY L) 0 cc 0 M CO CL m co 8 t -5 -V VN m In M > a. W P M ca 0 uj 0 E 0 0 M ul m 0 CL > O C3 lCiSw 5, 5, co cc 0 >- CD m EL (DOO > tISM C 3: = 0 � cm t- co 0) co CO (0 C) I,- to CO w to 00 CL cli CO 0 0 LU N CI). 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EF3 EH 64 '� }} 69 6f4 6r�D N LO th} tt) � tt? - Lo o Ci'N M M NN to T 04T W UU.) { tl- r N CJ C5 C CO C C C 8 o C C 0 CJ C C C LO m cy ECp N O 'Kt GC`f N � r :h Lit `r N �v., .- LO to t� { Cb tto Lo C I *- co C U5 C O t17 tl7 M r" to Cy N CO N T r( tC5 tf7 Cf' OJ {y�ya, .ice. co S Lo US 8 CD cc M N V' N N �,,,, m 16 Iz teCV fl7 C h.- U) Mco .L E9 6+3 69 6N9 6f} 6'4 69 6R ,NN t�J W e} N •S- t'C"d T tCf5 t N tt- tU t' to tri C C m y . � C � N to C 0 C3 C C C C S 00 itty C7 O 0 tt7 oC. `tt N N N C r C - C PCZ' ...... .. t m N N tC! iw tt) TN„ t3) co r 69, �t W eU fe4• FF3 6'3 6H b3 6+4 6H 6R Eg 6f} tYj E y tiF rw W Y f�r7 to tCc to N tt7 C U'S U) C -�f m .NN N N �- M tri U7 C 7w. � C 'Ci 42 .� 9 1 tNr} {CT L N wy" C C) N N N57) r C � Cd ' fR E9 t9 63 6c* 614 6+4 H4 ER 69 6+¢ 69+ C Im mC C caC N A � 0 CL U Gl Y3 t� Cc M `4 rt°) M CCV w C C t!9 t17 C tit rn rNy cC� 0 � CL t. C.1. N N T M tC) lf7 '7 ,r, h» N ,o W GJ Gni ttt! TC tCt7 N C C O O N M C T C rWi CCi A•. CV CO y3 tZI r. N — - N U) Fes+ it7 t3) L73 03 P- tt7 iM- 64' t••h} 69 CA 6+3 619, E9' 45 69 6s. 613 64 C CU T wT+ C � rtcrU') C u7o� O �tl U5N N oC) " M N M M N Cl'S e^ N r tV tt7 L7 'C' M CL . LLQ r L G F— cm Q Q 0 cm ro cn LL Vinc !� cis U o 'c _°c 2m n 4UUC sta _a : 000a. ticn ;� t Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY ........................................... o 0 0 0 OO0 OCU*) 't ti_ 0) to C'j to f-- 11 . . . N .4 N 'd ": 'd ems- 't (M- , r,: 61D, N 64 fie, 66 .4 t-- - -N 04 V) LL 6F* 696964696969- 6). 611, 46 Q 0 m oco 0) v 04 CD a 0 c:, o 0 0 0 0 co 0 V) 0 0 OV) 600004m - I0n- N "'g, N til 64 6F+ 66 1 CN -- ko 603, 41P 690 6q03} 6% 69 69 64 0 b*- ca N 4) co (D ko o t- 0 o 4 0 0 co m Cl) m M CN to - N r qr 0 LO Nr UD (D 75 �a (D 4) to a CO31 O LO to LO q Lo 0 CD q in 0 st C',L 6 C'4 01 6-5. to), a, Itt 64% 603, 64 6q 60 6$). 0 C.0 co U-) o I-- to o uj U) 0 w 0 CL a) Cf) com M N W N x M 0 U') 'T CL 04 W C M T3 0 0 C> C 0 0 0 CD CD co m a Q Ul) O.V. U) ( 0 Lf) U) LO 0 LO 0 a) to. N- (0 P- 04 too �i r N L6 ": 'd N 0 w t-- 0)v). va, 64 69 69 OB, 64 69 mo -5 > Cl) M N (D N M to 0 qcr CL Bt 0 Jei6 � U-) 0 0 N LO 0 Ln 0 0 0 w C:? (D (D cc r- I- C-4 Cr Nt C-4 04 M N 6 tZ ) 04 (M 06 1-: C6 t� - - 69, 6-31 64 61) �t .x 64.6 6p/ 64 69 69 69 69 69 65. (D N 0 CV 'T to 0 a f� 0 o 0 0 a 't m 00 a_ 4) Lo cn LO 0) ID C*4 0 "It to Oh- N to C"L 0 N 17 Cq ti ar ti cq z N m 'i t,: U5 d to 6n 6,., 69 6-J, 64 6c* 64 69, 613. 04 69 EH U) a 0 0 to (o Lo o 1, co CD Ln co 0 tt CD CCe4) >- 0 m M M C14 to N N 0 14, CL CN ca = C: 0 (D CL 0 N cu Z� =0 c 2 0 :�-, 0 a) 0 O = " ct3 (D 70 :3 cf3 7 ca co cu 0 x c 0 0 C 5 lz a) tCi a7 < 5 (.) 0 m 35 2 m o o if CL EL (n RESOLUTION NO. 07-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'OAKLEY APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY WHEREAS, the City of Oakley, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (199912004) June 30, 1999" (Plan and its successor); and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrialand commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Oakley agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, E'l' Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL. CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO' SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of Oakley to participate in this joint inspection program; and, Resolution N: . 07-0=4 - WHEREAS, a `°STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 14, 2003; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. WHEREAS, the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based ori the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on March 27, 2000. WHEREAS, the Stormwater Utility Area Agreement is amended by changing the effective date of the AGREEMENT to July 1, 2003. NOW, THEREFORE THE CITY OF OAKLEY DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute tate "FIRST AMENDMENT TO STORMWATER UTILITY ,AREA AGREEMENT BETWEEN CONTRA Resolution No.07-04 COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the Clay of Oakley this 26th day of January, 2004, by the following vote: AYES: Huffaker, Nix, Vanek, Anderson, Rios NOES: None ABSTENTIONS: None ABSENT: None APPROVED- MAYdR ATTEST: ------ ` da'Rodriguez''Todd, City Clerk Resolution No. 07-04 -; 11 ......... ......... ......... ..._..__._. ..... .. . ...... ........ ......... ._......... .. ......... ......... ......_.. _.........._. ........ ............. ......_.... _........ I hereby certify that this is a true and accurate copy of Resolution No. 07-04 adopted on January 26, 2004 by the City Council of the City of Oakley and on file in the City Clerk's Office at 3639 Main Street, Oakley, California. Dated: January 27, 2004 Li a odriguez To e # 00 ''Costa ' ....._... ......... ......... ......... .........1''.., 11.11,111,111, . ........ ............._.....__.. ._......... ............. ......... .......__ ......... ......... ..........._...... __. ........-_.......__. FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY ("FIRST AMENDMENT") entered into on the 26th day of January, 2004, is between the City of Oakley, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY (hereinafter "AGREEMENT") entered into on the 14th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreementwith the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit IS attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. ...............- 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on March 27, 2000. & AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF OAKLEY CONTROL AND WATER CON MVATION DIST By: I - By: Crair, Board of Supervisors Mike Oliver, City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator E --- l?fe By: V daW put; � da odd, City Clerk Recommended for Approval: Maurice Shiu Chief En By: Page 2 of 3 ............... Farm Approved: Farm Approved: Silvano B. Marches! County Counsel be-puty Elizabeth Skiver, Cit Attorney Y Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of >eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities, control-ling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-Stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activitiesor housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the dateall four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts . described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to. each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial; facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 ......... ......... ......... ......... ...... __. _ ... .................__._....__.._._.............._. . ......... ......... ......... .......... ........ ......... (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (I) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the 'inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inr;luding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities' review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings; claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 1f to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. in the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa Wage 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER CON-SERVATION UTILITY DISTRICT DISTRICT '2 -- B � , �--� Y• -4y. Its: `_ T d 2 Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: idBy: David F. Schmidt, Deputy County Counsel Att ne Dated: l t� D. Dated:-- �'/0 CE RAL C TRA COSTA D A IAB NITATION DISTRICT S NITARY T ICT L B Its: General Manu er Its: P -rtJG G! tJeV-AL, APPROVEDT O APPROVED AS TO FORM: By: By: Attorney ttorney dated: C) Dated: g&--/a �R Page 10 APPENDIX A AGENCY NORMAL WORDING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. — 4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding Holidays G:1GrpData\NPDES\lIllicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final:07/01103 Page 11 .........................................................................................................I ''I'll'' ........................................................ Appendix B Central Contra Costa Sanitary District i 5019 Imhoff Place,Martinez,Ca 94533 (925)228-9500 mainv.centrals org an g FAX: (925)228-4624 CHARLES W—BAM General Manager KENTOML.ALM Counsel for the District (SIO)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you- earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,,th!8 above wa4e rEft6s apply to the Source Control staff at the current time and does not reflect th.e merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1AScurce Contro112003\JElradtCOMPUr.doc Recycled I'Aper .........................I.,....... '---...-...............I.................................................................................................................................................................................. . ... .............................................. Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource Controk200311BradtCCCWPLtr.do-. ................. '.....I............................................................................................................................................................................................. .................................................................................. Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Pre Prepared by: Robert Gozza 4 Finance Supervisor (925) 756-1924 U:\WORD\DATANisc\Lab RAtes for KY-8-28-03-2.doc ............................................ Appendix B EASTBA Y MUNICIPAL UTILITY DISTRICT c1Av10 R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMLM overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information.. Re ds, GAYL TUPPER Supervising Wastewater Control Representative WANAB\1DS\Stormwater\R.ates letter 9.2.03.doc P.O.80X24053. OAKLAND. CA 94623-1066 . (510) 287.1405 Raeyned Gaper Appendix C POTW COMMERCIAL/INDUSTRIAL, STCRMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) kieric Address Phone/Facsimile/E-Mail Representative City of Antioch P.Q.Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch, CA 94531-5007 (925)779-7034(Fax) Administrative Analyst 3`d&H Street Phoffineisterf'a ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffinelgteracl.clayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord, CA 94519 (925)680-1660(Fax) Clean Water Program ieffr(&ci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville, CA 94526 (925)838-0360(Fax) Senior Planner crnccann{u&c€.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215.4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance &Engineering bkinata-ci.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehantC"7c ci.lafa ey tte.cca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez, CA 94553 (925)372-0257(Fax) Jr. Engineer ea lberto(cx7cityofmartinez.org Town of Moraga 2500 Donald Drive (877)235-0653 ("toll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn al" p2—a,com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan . Shipping Address: {Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street voganCci?ci.oaklev.ca.us Oakley, CA 94561 City of Or€nda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address: {Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mayarapoacomcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey )ci.oinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg,CA 94565 (925)252-4814(Fax) Associate Planner kstrelot"a.cl.oittsburo.ca.us j 1 . .. .. .................................................................................................................................................................................. ........ ....__.._......_.._.... .._._.... ......_..... ......................... ..........._......_................... ....... ......... Appendix + POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT ,SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2404) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hili 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout c-bci.pleasent-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon, CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Crow Canyon Place rwui(i1e san-ramon.ca.us Suite 140 San Ranson, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins(ccWmalnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez, CA 94553 (925)313-2301 (Fax) Program Manager dfreitase-pw.co.contra-costa.ca.us pw.co.contra-costa.ca.us 925-31.3-2000 (925)31372164 .Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradt,Opw.co.contra-costa.ca.us Planning Specialist 2 Appendix D O 'L1 o �` C CS! CTS 1 CC) d O7 tLs t*7 O Ci ( N U7 LL7 c2 N �# co r {p t"7 r! t73 Lo Cr3 i N iii a) o N CO r r c N N � CL � .0 C C11 coO COY GL tU Kli.: , d. .G .C}.. CJti'` o 4 C1 t!S C _ .0 � t4 0 � �^ 'COO � N N N CEJ Cir} M N M M rt tt7 it) "- fir} 5 r m N co t-- f!J Cs E ui ty .0 tQ G N "O C C 0C: 'e= Sti ` 6t! t1S ca M C4 N N M c+5 N Cc. C CD c CSS � 10 C7 00) ria c E as U o :E cab (D "0 c E oT Etr Zmcomr o m o C3 m = air co c to iai b r- ' CS y y C27 CA i W 417 cu C7CN Cr7 C {U N Cn C1 E t- cL) u5 G7 CL a. 0- fta C) C 'C7 O C 0 CL CL fl p c5 Cs m tCS to C (D cu tT Nco toCDt j t` co CCS USS SCS C? N r E cL U C5 0 `CS. O . ( E < '- E C� co to to to Z CCS Q co C i C` N fl- O � � � hN mCp to c 7 ' N Cn LL r M tll QS t3) z Z U3 C� cc 1c Cj c) L:} SES mCµ iw L 41 .r .�. N 21 ._ E � Uta QC7 ( Ou`f M � cu *C: cry' 4 M 0 o E n. a. cn w- Appendix D m � � o co LO 1? U'? t) O o {Td r 0 it CO 4} �t q cu M N CQ} tm 0 � w O r t 7 Lo U-5 � � � Q 0 v O m CCS t 3 CJ tf3 tt7 0 a LL CO � u5 ill <q wsri ct � C*) N rs O We- Mt�tj r 09 . ` L1 `N Om C-0 tri CD � tQ fl- CO 0 LO CO Ca ''T (n N N �:: m 0 u � � M ct7 LV Cp t-• :"d r» ;V L!3 !fS Q' T r"" fq �°" Q1 ,� C - N .g 73 00 ntcoLor (�7 CA r- U'S h V) R7 Ln r- 0) "� �] m off{ C5 tG r N t� r 4h it) t33 N cY to CLU N C C Ucc j O E TJ (D - m U } C a co �. 0) CU ny co LO 0) r ems- (j t1y tV GA �, .Q a .C7 .. CD W IDE s1 r y 0 y C d5 C .0 'a;,. ,� 0 U 0 M 0 CD� OT CL E r C 1 CO t33 tl �� et t2S s- e r CrJ t 0 .2' `2: 0 O t- CL W Ct e- O E w a) C7 C h O O 0 = r- 0 0 0 C m a3 Co 5 0 G , ® ` 4 tU :30 , y mO 0 c r. fly N tt} U U i U tTS 0 3 C°7 d' M N C+7 tf) C J N c y. CL 0 C) ca ami 0 U-CN 0 cis CO cf) c r CL ui } a cri CL C77 C� cv yr 0 ! CL Chi C C O C3 Q} fiKia E 0 "> as � cu a) a m C3 t ,x roc c i,} Ma L ro ro 0 a cn ro Uu? ro o ro CoCoL c _ Q 0 f L CL CL Co F- . ..... .............................................................................................................................................................................................. _.... ......... ........ ........._........._.... ........ ....... ........ ........... .......... ......... ......... ........ Appendix N m � i) M N (D O N d N O ` tf7 C N '-ct N N ti M I- r r N r r N r to m 60 63 60 60 69 69 6o t'!3 60 69 69 69 69 Co C ` O i y" cn V CSS N M M dN t0 N r e}' t17 CD d' in N •c C �U co •C co d d d d 0 d ZO d Cy d d C d 0 0 M E . 9 'd CD m to N C'! r M r"= � p m -it v N N M -t` t7) O,r• M 07 r N r i"" � r`" � r•' to 61- r N V3 9 to 63 6g b4 69 69 69 63 6 r r N 3 69 Cao ER .�. LL CU ti) N 2M N p aroco rD . 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M U7 h• to o) C3) co r_- c tM., y C a) '' >- 6s 63 63 69 669 �' �" '�' 64 69 69 69 c (tS U) N O � tU O CD a) d d � til O q7 C7 lf'7 CU C7 C U) .�' CL MM 0 N M M N CD r N r N lt7 Ltd et r-- co d- . LU O M co = C N z Q C a 0 co _ c ° iv m y, M Pco CO U U } v .0 -5, c c U C ro e o m m c `ca M 0 m r M a m •c c »� as m UttJ n QUUDll! —i 00ClCL10 'S !2, Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY ..... .......... 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Lp c u m lE 2 tet: c e Fu � as v� < UUDID -jMmflOo- CLCL 3: ......... .......... __. ..._. ........__.. .... _ .... _ .. _ ...... ... .............................................. BEFORE THE CITY COUNCIL OF THE CITY OF ORI NDA In the Matter of. Approving the Revised First ) Amendment To the Stormwater Utility } Area Agreement.Between Contra } Costa County Flood Control and } Resolution No. 60-03 Water Conservation District and the } City of Orinda } WHEREAS, the City of Orinda, in conjunction with the Contra Costa County Flood Control and Water Conservation District (District) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System '(NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Nater Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "StormwaterManagement Plan(1999/2004)June 30, 1999"(Plan and its successor); and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Orinda agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality;and, WHEREAS, fifteen (15)municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the District to enter into and perform the terms and conditions of the "Agreement Among The Contra Costa County Floud Control & Water Conservation District (On Behalf Of The Contra Costa Clean Water Program), The Central Contra Costa Sanitary District, The Delta Diablo Sanitary District, And The East Bay Municipal Utility District Regarding The Contra Costa Clean Water Program" for inspection activities and illicit discharge control activities; and, Resolution No. 60-03 Page T of 3 ......._. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................................... .. .. . WHEREAS, it is in the interest of the City of Orinda to continue participating in this joint inspection program, and, WHEREAS, a "Stormwater Utility Area Agreement Between The Contra Costa County Flood Control And Water Conservation District And The City Of Orinda" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 15, 2003; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. WHEREAS, the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA. COSTA CLEAN WATER PROGRAM, dated the 28`h day of October(Attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the INSPECTION PROGRAM shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the INSPECTION PROGRAM activities and budget for the subsequent year without further amendment of the AGREEMENT. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999. WHEREAS, the Stormwater Utility Area Agreement is amended changing the effective date of the AGREEMENT to July 1,2003. NOW,THEREFORE, The City Of Orinda Does Resolve As Follows: Resolution No. 60-03 Page 2 of 3 1. The City Manager is authorized to execute the "First Amendment To Stormwater Utility Area Agreement Between Contra Costa. County Flood Control And Water Conservation District And The City Of Orinda" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and.Water Conservation District. 3. That Resolution No. 46-03 is hereby rescinded. Adapted by the City Council of the City of Orinda at a regular meeting on December 2, 2003 by the following vete: AYES: COUNCILMEMBERS: Abrams,Judge,Wheatland,Worth, Hawkins NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None o e kins,Mayor ATTEST: udith A. Hansen,City Clerk CERTIFIED A T uE C y DITH A. FIA EN�-�•,` ity Clerk City of Orirtda, CA Resolution No. 60-03 Paye 3 of 3 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSE'RVATIO'N DISTRICT AND THE CITY OF ORINDA FOR COMM ERCIAUINDUSTRIAL STORMWATER INSPECTION SERVICES 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CON ERVATION DIST CT ("FIRST AMENDMENT") entered into on the day of 200; is between the City of Orinda, a municipal corporation (hereinafter " TY"), and the Contra Costa County Flood_Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA (hereinafter "AGREEMENT") entered into on the 15th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A) as it may be amended from time to time. CITY's estimated share of the cost for the INSPECTION PROGRAM shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the INSPECTION PROGRAM activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read',as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein.,, 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: "14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999." 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to Judy 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF ORINDA CONTROL AND WATER CONSERVATION DISTRICT By: By: air, Board of Supervisors City Manage ATTEST: ATTEST: ,V-Wit,, Clerk of the Board of Supervisors And County Administrator By: Zf eputy ity Clerk Recommended for Approval: Recommended for Approval Maurice Shiu Chief En ineer By. By ityFdgineer/P6*1Works Director ............ .......................................................... .. ............................................................................ ............. Form Approved: Form Approved: Silvano B. Marchesi By: By: DeputyCity Attorney ........ . ......... ......... ......... ......... ......... ......... ......... ........ ........._.. ..............__.._...................._. .......... ......... _........ ......... ......... ......... EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM ...............................................................................1.111.1111.1111111, ............................................................................................................................................ ................................. EXHIBIT "Aly AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION, DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON'S RA COSTA CLEAN WATER PROGRAM The Agreement is made this_2z, day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD), RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; control-ling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-'stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and ................................ ........................................ .................... WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Age*ncies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A," (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the ParticipatingMunicipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon 'termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (e) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 .... ......... ......... ......... ......... ......... ......... .._...... ......_.. __ ........ .................._._.. _...._...._............................ ......... ......... ......... ......... ......... ......... (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inr:iuding individual inspection activities budgets for each of the Participating Municipalities, The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,0300,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all uits, actions, legal or administrative proceedings, claims, demands, damages, corse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY'S, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (39) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 .................................................................... .............................. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT By: By: Its: J'4 its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvan B. Marchesi, County Counsel ,kr-- By: BY: David F. Schmidt, Deputy-County-Counsel Aftt/6ne — Dated:- 103 Dated: 70 CE RAL C TRA COSTA D A 1AB NITATION DISTRICT k1l PIAB7NIT, S CE T7ICT A B V VWV ( Its: General Mana2er ......... Its: A-cnJG APPROVED T O APPROVED AS TO FORM: By: By: Attorney //Attorney Dated: ----- � 1 C)� Dated: Page 10 .................... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. EBMUD 7:30 a.m. -- 4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. Monday through Friday, excluding holidays G:\GrpData\NPDES\IIllicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-inspection Contract 07 03.doc Final:07/01103 Page 11 Appendix B Central Contra Costa San tar District +ct __ 50`19 InIhOff Place,Martinez; Ca 94553 (925)228-9500 www.centralsamorg FAX:(925)2284624 CHARLES W.BATPS General Manager KENTONL.ALM Counsel for the District (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra-Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,,t€��e.above wage rates apply to the Source Control staff at the current time and does not r0kt the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. E:tSource Contro1=031J8radtCCCWPLtr,doc Recycled?aper ......... ......... ......... ......... ......... ......... ......... ......... . .._ ........... . .......... ......... ..._..... ......... ......... ......... ......... ......... ......... ......... ......... ......... _. ..... .........— Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson hSource Controil20 JBradtCCCWPLtr.doc Appendix E Delta Diablo sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN. FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132..66 Kobayashi 37.9413 60% 22.7648 120% 45.52 $ 106.24 Preloared by: Robert Gozza Finance Supervisor (925) 756-1924 U:\'WORD\DATA\Misc\Lab RAtes for KY 8-28-03-2.doc Appendix B EAS T SA Y MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa dean Nater Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMCTD STORMW ATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead., 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBM-UD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re ds, CAYL TUPPER. Supervising Wastewater Control Representative WANAMIMSto7mmwater\Rates letter 9.2.03.doc P.D.$0X24055. OAKLAND. CA 94623.1055. IS 10) 287-1405 grrtGeC PYper Appendix C POTW COMMERCIADINDUSTRIAL STORMWATER INSPECTION CONTACT SKEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) A enc Address Phoma/Facsimile/E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst 3`d&H Street Phoffineister(7a ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffinelster Clayton,CA 94517 (925)672-4917{Fax) Assistant to City Manager Lhof€meister(r ci.claytton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 :left'Roubal Concord,CA 94519 (925)680-1660 (Fax) Clean Water Program ieffr(fti.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838-0360(Fax) Senior Planner cmccannQci.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkingi ci.ei-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Gonna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan0cl.lafavette.ca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmund Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer g_alberto Qcitvofmartinez.orq Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga,CA (925)260.6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn lo2a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vooan0cLoaklev.ca.us Oakley, CA 94561 City of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Aitarinda Road mayarap comeast.net Manager Orinda,CA 94553 City of Pinole 2131 Pear Street (510)724-9037 (Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisev Ue..ci.olnole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814(Fax) Associate Planner kstreloLd,)cLoittsbura.ca,us '. z Appendix { POTW COMMERCIALIINDUSTR,IA_L,STOR.MWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) AgencyAgincy Address Phone/Facsimile/E-Mail Representative City of Pleasant Hili 100 Gregory Lane (925)671-5261 `odd Teaci,out Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachoutCcr�ci p€easant-hi€€ca us City of San Ramon P.O. Box 5148 (925)973-2686 Shipping Address: San Ramon,CA 94583Roderick Wu€ 3980 Crow Canyon Place {925)866-fi173 {Fax) Associate Engineer Suite 140 rwuiA_c€.san-ramon ca us San Ramon, CA 94583 Clty of Walnut Creek P.O. Box 8039 (925)256-3511 1666 666 North Man Rinta Perkins. 1in (925)256 N Creek, 94596 -3500(Fax) Assistant Engineer/ erkins(�c€.walnut-creek.ca.us NPf7ES Coordinator Contra Costa Clean 255 Glacier Chive (925)313-2373 ) Pr`agr Water urogram Martinez, CA 94553 (925)313-2301 (Fax) Progr d P. Freitas am Manager 925-313-2000 dfreltas@aoLco.contm-costa-ca.us (925)313 2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management bra t(a ow.co contra costa ca us Planning Specialist 2 Appendix d C> ar ams NOW h� SYS �i t CLQ trJ c� ro 1179 N LUco to CN - u� r7 std w �- N �- N cra r� ° co u- 0 m ; a to 't 0 to Us �' ca N N N N m r cn N m fl- 0 E II5 a e C z 0 'v 0CU C CL C to 0 CO r N N m N g M N c7 h. � G,_L tts o m 2CD .._ L7. +� vi SSS O O E U C. E F— cn E Q r d Cr} O CU CO © Cli CO m r 03 0) iff CL'} Q 0) tJ? N r4�0 O C7) h s2 r ct G7S r � m m r a C cc C U t�0 O U cu z cu N E 7 cc C� i1 N O r h- N Q r {� G7 N 7+ CJ CD 0 t0 0 O dt y L 0cc a- C Cl � � Z f 7 4 Sri Q CJ w C3 n CL 0 u5 p 3 co C C 7 SN pp� ro r N mcn C14CJ" CO CC co to 015 M P tm co c*� i�} LO t" eM- r .�. G7 C� T 137 fA N d N L7 Sll Q7 'r- U � E C r2 Eco 00 0 Q N UMV Co tom• e� .qt hN cry tNC co ui a U- ri N CS tLt > z0 z d CI ro C/) (D .0 CS — N CA C3 t�.l x C3 0 5 c c ro °� -c�� 0 c is � � irs Appendix D M O t75 m ' U u5 co } C*7 tdr LO � O h4 (0 C7 t C) C7 G5 ate t75 r" a5 � N m m N to r N r er Ut3 U(5 d U-) `' r U r dU a) 7 � cum` LCi w LCS UI) p f• CD 0 6!5 UL t� GQ CiJ N � vi m 2• 41 �- C+7 N S J M N to r N v M 0 t17 E} d t51 0 += tJ U. t� p U-0 E m x tC> if) C7 T- til O tC� 4tS p N M O = C+7 N t"? tr) N tD r N r m LCY 4"J s1 a N C? is o N ,� to Lf) t� h CD CJ Uf? Utz C5 N t- C ca CD N Cr7 t? N Cf3 r N e— m Loin t'3 co GL t. ef• � � � � rn tU ar 4y tv J ["7 tr1 tr0 O �U') ti'"t � iV � � •� � � � YU E tis E E R7 coU.) t t77 t`•• LO rl— Ln 00tC7 r t7'S my+ }tU 1 N r O CQ in in LV if Utz E * 4i' t1 M w `. C'4N b o U c c U cu _ C ti aU3 tll rJ c Q > w (D C icyN Ua`) 0 ACL LOrCV ' S- LO t75 r to r tD N CC5 r co COd e— "7 Z O 0 - V A r Ru ca us atJ 2! EE 3 to 0 E y r N N N CJ5 ti¢ �`� c2 tCJ r tJ0 r tr— M L5 > L }- p CL W © w W tt5 VJ � ,�+ d � C3 � •C C�77 t7 Q M N C} w y Q U to U r C+S ey V co N m ts3 to `' � m CJ t} � (� m CD uj 4) ? r r t Nr R m UCUC � U t17 LL di O c t0 th m S N N ODsN— N CD C14 coCDO ti0. r t"J cu 12) cm © C C5 f15 = t? Z 'CS N tJ a •5Yc tv L Q 5 L� u5 E vi `C to t� ca .R c c� ct5 iB tJ rr� ®CJ CJ L t�1 0 0 a: ..................... ...... Appendix C) ca a c7 0 o 0 tn C) a co F- N C� Lo C—'4 1—, 1-: m Lci Pz >. M f,., 64 CN tog. 60.� *,I. U') U- 64 61/ 6-.t 60, lv� 0 t a > — co cl 000C) o 0000000000 c 9 0 cr) 'm 0 0 U) U') 0 U5 0 m E cq C'� to CN 0 N cl) tn tli Cq CN N m cl� cr 6% vq� 6s to 64, U. t 64 '9 4) 0 Lo o w 0 M 64 cn C,4 co v Enco a a) o cq Lc� Lo cc tc! C'i , C'i C"t cl! m 0 N N m U3t,: tem 0 ?': C IL � co C'4 — N — -T 60� 6-31 09� 4AX 409� CN xra euc —0 co -V (2) Co — (0 ul I- U) U) > M a co C) LO 0 C! ck cq N 0 cl� cl� >. U. 6R 6% 6,2, 603• 601!' 64, 6c. 60, 6 60- to� tog, 6% m E 4) Cl) in v m m 0 CN (D C,4 M 'V 0) 4) E 7E 0 C) 0 Cs 0 E CV a 0 CD to cc m o coo to 0 0 in LO in 0 cq v co r- N c'! C"i 0) Cq 0i to CQ LO t�: L6 CY m 06 P,: (6 co 0 r— qj� *0* "0' — 40** a) U- 69. CM imfV C C Cc O co 0 Cc N to LO 0 Gtr (D too No Ln 0 ty Cy! cc 0 CL to-, b9• 6M, 604r'6" -.� 60-B, Vj, a) U- 60V 6% 6-, V5 E 0 0 U) 0 t-- (o ail Lo w 0 't uj c: C1 RF 0 0 z C) U) a a 2 P E L) Q .5Cd tU0 o >W, m M c a: 4) m CU X = Yo — .0 cn X iri 32 c 0 cc c �c ca < 0 CL iE ff Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY t sus rs `_ rn 0N0 � d � � o rii0 Ni 6 : &* &+ 6 , , N 64 6+3 0% 0 N M M N 0d to to st r c iU M 0 0 O 0 0 t7 0 0 (:,7 0 0 47 tl C3 o cfl 4A N 0 0 F- " o N tcl M to o m 6% be, � 69 6C14 C�f Lr�A � a7 � � to 69 69 69 tt� to 69 r25 � L 0 IV t3 (30 >- (D M t` Ct> tt7 0 4t7 O t17 d C"Yr CJO 437 Nt+7 M N tt7 r N r �i tL7 LO V Q) C n v o c®� t0r7 0 LO 0 0 u07 a to Y0` � o a37 to N co r, N LL 64 64 69 69 64 69 69 69 6 U c y d Ce) to cfl M M o ao rn N N M M N CC7 r N r t+7It 7 it7 rf' C c IT CL " cc W (15 u 7 t7 ' r0 4'077_ t N O if0 to N N LO LP07 r N N t`" M L t, Lo N 477 80 f-- m "( (n b9 b4 — f!-} G 6N9 6'j, 69 69 — t-� r r #h 64 69 6-' � } i7 cY t1J co co CCS to 0 to o LO to 0 43) N :� Ztiy M N M CO N (D r N r C•) to 417 ct 'fit \V (U u7 G> N CD O too tfo7 CO3 Col toft7 U') d to>- t1i t r7 Y 4b N vN N_ 40 tti t`? + N 6fr 69 69 _LL o " 04 v r CL ar to a> a, 0 rss (r7 N o 0 o ino 10 o LO 0 r C14tb N C37 r y6f1 +RCL 6s 69 6% 6., 46 � 9 6g W�, 60, tt CDy U Q 0 r u CCO t7 0 00 C C0V � 40 C.! : !1' 437 � M N N r N t47 to eC rn r c C «^- r N 0 (D EO 0 0 ID FE c0mUmcao cc aa) cum dUUc� w ,, MC70 CL0- c�►� COUNCIL RESOLUTION NO. 138-2003 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE WHEREAS, the City of PINOLE, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999" (Plan and its successor); and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of PINOLE agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, 'fifteen (15) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, .......................................................................................................................................................- ... ......... ..... ...................... .............................................................. WHEREAS, it is in the interest of the City of PINOLE to continue participating in this joint inspection program; and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE THE CITY OF PINOLE DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PINOLE" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED this 16th day of July, 2003 by the following vote to wit: AYES: COUNCIL MEMBERS: Boyle, Cole, Horton, Murray, &Alegria NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Dawn G. Abra n, CMC Deputy City Clerk 1 hereby certify that the foregoing Is a true and correct copy of the odginal document or!We In the City Clerk's Office,'City of-Pfttei.COMM Costa County,State of Callfornih R,XcWikVewlutionsNoounoiA2003\2ES i*AmendSUA AGRNIT 07-03.doe DawnG.Abra on,D utyCierkdithecityofPinoie Daft: FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL j AND WATER CONSERVATION DISTRICT AND THE CITY OF PINOLE � 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATIO DISTRICT D THE CITY OF PING E ("FIRST AMENDMENT") entered into on the � �F day of / , 204,1s between the City of Pinole, a municipal corporation (hereinafter 'CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PINOLE (hereinafter "AGREEMENT") entered into on the 15th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central I. Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). implementation of the I INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO i. SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day j of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to 1 time. CITY's estimated share of the cost for the Inspection Program shallbe based on the projected number of inspections shown in Exhibit B attached hereto. Annually by j May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program € activities and budget for the subsequent year without further amendment of the AGREEMENT: is r:, 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT t The AGREEMENT is amended by adding Section 14, which shall read as fellows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility j Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999. L & AMENDMENT � The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. i CONTRA COSTA COUNTY FLOOD CITY OF PINOLE CONTROL AND WATER COP§9VATION DISTRI C air, Board of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator Deouty CO Clerk Recommended for Approval: Recommended for Approval: # Maurice Shiu Chief En ineer By: By: City En neer i Page 2 of 3 _. .. Form Approved': Form Approved: j Silvano B. Marches! County Counsel By: � a By. Deputy City Atforney i K G-X&pDatalFidCU\SWUPJ303Agreements\FY 03 04NSUA amendmentEketters\P►nole 1 Amend.doe I. i f 1 + i i.. r_ I Page 3 of 3 r EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & V►xtATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A'I AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA.DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this _29"'_ day of , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (199912004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges, by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit';connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, 'Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Carders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Carders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating(Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its N'PDES Permit. These records shall become property of the Municipalities upon ',termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. Q) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below.' The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year.. (o) The Agencies shall provide to the District' and Participating Municipalities updated -rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such Legal services on behalf of Agencies, if the Participating Munieipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff', of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inn.luding individual inspection activities';budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prier to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as rewired by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, cons ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from',each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 __ 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT By: By: Its: 11 6� Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: By: David F. Schmidt, Deputy County Counsel Att e Dated: d. Dated: / U CE RAL C TRA COSTA PDA B NITATION DISTRICT S NITARY T ICT L B I - VI Its: General Manager Its: A-�V tJG Gl ctJe .-A-%, yes e�2 APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttorney' Dated: ! Dated: z- d Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. --4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData{NPDESVlllicit Discharge Control Activities\ Inspection Contrac 07 031Exhibit A-inspection Contract 07 03.doc Final:07/01103 Page 11 Appendix B Central Contra Costa Sanitary District FALX, (925)2284624 CHARGES W.BAA Osnercd Manager IMNTONL.ALM Counsel for the Distrid (520)808-2000 JOYCE E.MUAPHY Secretary of the Dutrict September 8, 2403 Joshua Bradt Contra Costa Mean Water Program 255 Glacier Drive Martinez, CA 44553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you . earlier: Name Wagelhour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discuss.ed,the.above wage'�rates'apo€y to the Source Control staff at the current time and does not rflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. #fiSource Contro1120031J8radtCCCWPLtr.doc Recycled papa Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me knew if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 220-7380 if you have any questions about the invoice or - the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1:\Source Controll2003UBradtCCCWPLtr.doc ...........................................................................1.11...... .............................................................. ............ Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod- Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.24751 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.85621 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.52961 $ 106.24 Pre Pre ared by: Robert G ozza Finance Supervisor (925) 756-1924 UAWORD\DATA\Misc\Lab RAtes for KY-8-28-03-2.doc ..................... Appendix B EAST SAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 1314/0 of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re ds, GA�YL TUPPER Supervising Wastewater Control Representative WANAB\1DS\Stormwater\?ates letter 9.2.03.doe P.D.BOX24456. OAKLAND . CA 94623.1055 . l570) 267-1405 RecyNsd PPmI Appendix C POTW COMMERCIALI.IN:DUSTR AL STO2MWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimilet E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil HofPmeister Shipping Address: Antioch,CA 94531-5007 (925)779-7034(Fax) Administrative Analyst Std&H Street Phoffineisterlci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917 (Fax) Assistant to City Manager Lhoffineister{6-ci.clavton,ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1660(Fax) Clean Water Program igffr,-ci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838-0360(Fax) Senior Planner cmccann cr&ci.danvllle.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (l=ax) Maintenance&Engineering bklng@cLel-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan(ftLlafayette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ea lberto0citvofmartinez.or-q Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn l2acom City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan . Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street voaanCtz3.ci.oakle .cy a.us Oakley, CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993 (Fax) Stormwater Program 14 Altarinda Road mavarappdcomcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole,CA 94564-1774 (510)7244921(Fax) Development Analyst nvolsey(a-)ci.ginole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814(Fax) Associate Planner kstrelo0ci.pittsburg ca.us i Appendix + POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR .PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimilel E-Mail Representative City of Pleasant Hill 100 Gregory inane (925)671-5261 Todd Teachout Pleasant Hili, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-01451 (cell phone) tteachout ci. ip easant-hill.ca.us City of San Ramon P.C. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Crow Canyon Place rwuaci.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 north Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins r(7cl.wainut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez, CA 94553 (925)313-23071 (Fax) Program Manager dfreitasQpw.co.contra-costa.ca.us 925-313-2000 {925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management (bradt(8pw.co.gontra-costa.ca,us Planning Specialist 2 Appendix d a -a �) CO N Ca CC7 N V tt7 ems- fp a) U> LU N CO - r r N r N r- N t17 Cl t LL 0 C1 a C d3 CN y o y a a c o ct C> M 0 to V 00 N LT> ca7 ti' cts tt) 4t M � � M to fiJ sN- N N r M r M N M td co a E vi v :o co C r 0 'ItN c j 0Ca t5S N C> N M N M t� N in N N e- M a O CD CD C� 4O U t co zu CL y {ti a O (D (D =} E p a E C> r et 0 Cil M t%3 { r- 04 a {� tJi N N CO 0) !f3 cn r CD r C)� �7 r `7 O) h- M 00 COer- m Cil G to UW) u; .'b a CD a .. - . '.V) Q5' O .. a (Do r> a)) N c v :Z m C m E 4 N air rn 0 03 w O N M C> Y h N GY r 0 CD N M {� try C 'C � m V# r r CL p n a m W q U) cU a C U w t3 �e a. L01 �O G z V C m cceN- N m CO co to m cy) Cco C� C7 > R1 tai LL ff3 LL vw U M U CC LU {j E E ID C) = C) Co Lr)' C> CS { d ,4t- CO 0) Lo M CNt� M N LL r 0) O r O O O d m L-j = Q> _moo E L2 { cra ¢ t3t» �u sOOiiiriin Appendix D C; C7 0 LO C6 S t3 �7 M M N C=J U-3 0-,t L 0 �,V LO N a C* fII trS � s0 J N tM tM N CO (ra N r ,t to U-) r Lco 0 M �� .m N E }e m N M NLO N CLQ - N r M iLLn m � 0) 0 ,tif U U- r �` E L r M N M M N Cc — N r M Lo LC7 C� d C57 LS UL 0 ca w I _N 114, a 0 c > M N M M O Ca rCL� N r� p} LYS CLS - M co0 m CL OS rn a y0 N M irJ N CL7 r J y N Jr) Ln t3 M rl_ 1n = o E6 C LL 3L? a cu .0 TL 40 ai rU >, a t * iSS LtJ CO CS} t-- 1C} m E m N T" � r {� �1 LLn 4 USS U.) N 4*) 00� C E °• ba cL > � GL QJ T` N �3 N a COY U C G (D GLM tm .0 RS cc CUCL C > iS L3 U') CJS in r tri CN CO N 05 r r r C*7 z 0 (2) L" d W 0.S qS b6E yti 4) CL G3 C to �. RU O O a U m D c, a L CO 0, � NC\jNa7 �y �r. x? LfSrao `YnP ci 'L' .> a n o Ln gS �- Lu " to ai t2 0h a a a c C: y c w 0 a c CL U t� }m m to < .. _. m m ro m Li) rya, >, 3 O o La tL r M ct d M N M LC3 M U m` lwS r •- .- .- N r 4) CL 0 �n a to Ly) CO s _ y co co Lo m m _�$ c N. N Lo �o C)- uia to #- M mm �l U 1� C1JCL O � N CC M qj t4 �, C C Q3 .4 pS c o Ln m c C3 U7 UtJ � u`J m� 00* CL ........................................................................ . ................. Appendix LO 4 16',-Icr N -N L6 C'4 6-P - b4 64 Ln N LL 6% 64605. 646S. b4 E9 64409, d' InCD V- N cu cl co o C: E 0 CO 0 CC 04 CV .,:t C',! C'! to -t Nv N m ti Le -t m Olt- co m m �64 N - LO >. 6o. 60). N 0-* 6- eq. N 64 8r9 64 64 69 4) (0 U-j 0 LO CD 0 m m rlto - m m m N CO -4. U-) Ln v U-) — N w CL cq lcc"i� r- 0! 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Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY crn a, 0 0 0 0 0 to 0 in to cm V* ol �o V! w t- C11 q Cli C� tq to N N m 6 6 6 6 N64 o,> in N r t7 tF3, 69 611, 69). 6T9 611, 69 10. A, M, LL 0 I-- o CD to a a o m U) >- et N M M N W N "T to 0 "T (DM - a 0 0 CD 0 0 C) 0 0 a 0 ce) 0 0 LO 5 Ul) 0 0 in a to 0 U') to 0 Co r- C%4 q C'� C'l T-� LQ r-L -C4 t,: z 'i -t t-- m O CD 6- N 6-, - C14 0 va, 64 6s to 01) 6% 69 � &I, 69 C CO 0) -6 co Co to a t- to o in o c3 co 0) m >- 4) V) to cl) M N to - N - V to to "T LO CL U) 0 0 CD C> 0 0 0 0 cl 0 0 0 0 0 CD r.- Z M C, 0 0 0 0 U') 0 ;� Lo U) LO 0 o tm oc� 131 Iq N 0 "It co N Cli cl� q C4 'ram 'd ": 'd N m 0 - 0 6etol6Fo% 65 6/ 6364 LL 0 U to to U) 0 t-- to o U) Lo o to m (D Ce) to LO IT 06 04 C (D 0 CD 0 C) 0 0 a 0 0 c 0 0 0 CD 0 two > 0 IO M C) 0 U') C� L 9 10. N d " Co r- C,4 CV CV Ck T r*.� Lo a W O m m CF C'i ": N 0) co f- (M t- -5, C1m 4 "'c' - - It tai 69, 61. 61), 0% L 6 ) w 0 v " q, 0 t- co 0 to to 0 tr m tU cn cl) M 04 W T N - M 0 to V cx cn 0 19 W) N 0 0 LO 0 0 0 LO U') 0 0 0 Co 9 t! of cq N "t 0 r- N 01 C'�L C� N 8 CN Cj V N 04 tz ce) id PZ L6 04 0) 00 r-- (0 m r-- - oll 04 - - - v 60)� #A 64 Vr WA to 09v Vv #A LL C: CN V 0 In 0 r-- cc 0 LO to 0 v m CNrJ M co CL 0 C> CD CD c, a CD c, C) 0 0 0 0 q - cl tR N NNL6 5 d 61). r.- 61� N C!36pi, 69 fin, W, ul- 64 64 60) 04 CLY 64 U- y 0 > cn M M N M C14 LO C*4 U) cri CD o 2) 0 cm N m E co .06 -, = c - 0 :�-, a)= 0 w - c m a) o o = a) r =3 M CM m OW 0 cu cIE 2 ca CO x cL c o m m 0 as 'a C: in < 2 0 0 6- a- a- U) ..................................... ...... .......... ... ...... _._...._. ......... ......... ......... ......... ......... .............................. ......_. . ... _ ........ ........ ......... ........ ......... ...................._.._... . _........ . ......... ......... ......... BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: RESOLUTION NO. 04-9980 Resolution of the City Council of the ) City of Pittsburg Approving the Revision } to First Amendment of the Stormwater } Utility Area Agreement 2003 The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the City of Pittsburg, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permitis the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999" (Plan and its successor); and, WHEREAS, the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Pittsburg agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, fifteen (15) municipalities, namely, Antioch, Gayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hili, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities; and, Page 1 of 3 WHEREAS, it is in the interest of the City of Pittsburg to participate in this joint inspection program, and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG- (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 7, 2003; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. WHEREAS, the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM'"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER, CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT' terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 15, 1998. WHEREAS, the Stormwater Utility Area Agreement is amended changing the effective date of the AGREEMENT to July 1, 2003. Page 2 of 3 NOW, THEREFORE THE CITY OF PITTSBURG DOES RESOLVE AS FOLLOWS: A. The City Manager is authorized to execute the "REVISION TO FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG" subject to City Attorney's approval. B. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Wafer Conservation District: PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the Stn day of January 2004, by the following vote: AYES: Council Member Parent, Kee, Glynn, Beals & Mayor Rios NOES: None ABSTAINED: None ABSENT: None EliAT IeidaRios, Mayor E T:J. Pride, Clerk Page 3 of 3 OFFICE OF THE CITY MANAGER 55 Civic Avenue Pittsburg, CA 94565 MEMO: January 5, 2004 TO: Mayor and Council Members FROM: Les White, Interim City Manager SUBJECT: REVISION TO FIRST AMENDMENT OF THE STORMWATER UTILITY AREA AGREEMENT 2003 BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG. EXECUTIVE SUMMARY Approving the attached resolution will authorize the City Manager to execute the First Amendment of the Stormwater Utility Area Agreement 2003, which allows the Contra Costa County Flood Control and Water Conservation District to administer a joint inspection program for inspection activities and illicit discharge control activities related to the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permit. FISCAL IMPACT This is a revision to an agreement, which was previously approved by the Council in June of 2003. There are no new fiscal impacts. RECOMMENDATION Adopt the attached resolution approving the proposed revisions to First Amendment of the Stormwater Utility Area Agreement 2003 between the Contra Costa County Flood Control and Water Conservation District and the City of Pittsburg. Page 1 of 3 ''I'll'',....I......................................................................................................................... ......111.1...................... ................................................. BACKGROUND The City of Pittsburg, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges. On July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction. An enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999" (Plan and its successor). The Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities. Staff believes implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than continuing to facilitate inspection activities without assistance best serves the public good. Fourteen other municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the"AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITARY DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" for inspection activities and illicit discharge control activities. A "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG- (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 7, 2003. Since July 7, 2003, minor errors have been found in the Stormwater Utility Area Agreement that must be amended to allow the District to administer the inspection program. The Stormwater Utility Area Agreement will be amended by adding the following to Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter"AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter"INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION Page 2 of 3 ........................................................................................ ............................. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CI7Ys estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit 8 attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." The Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." The Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: "14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 15, 1999." The Storm-water Utility Area Agreement is amended changing the effective date of the The A G-R-E E Judy 1, 2003. Les White, riterim CIT71XE-nager Report prepared by: Kenneth W. Strelo Attachments: 1. Proposed Resolution 2. Revision to First Amendment to Stormwater Utility Area Agreement 2003 (Attachment"A" to resolution) 3. Stormwater Utility Area Agreement (in City Clerk's Reading File) Page 3 of 3 ENVIRONMENTAL REVIEW CHECKLIST AGENDA MEETING DATE: January 5,2004 AGENDA DATA DESCRIPTION: Approving the attached resolution will allow the City Manager to execute the Revision to First Amendment of the Stormwater Utili Area Agreement 2003,which allows the Contra Costa County Flood Control and Water Conservation District to administer a joint inspection program for inspection activities and illicit discharge activities related to the Joint Municipal National Discharge Elimination System(NPDES)hermit. ALL ACTIONS OF THE CITY COUNCIL MUST BE CONSIDERED FOR ENVIRONMENTAL REVIEW. COMPLETE THE CHECKLIST BELOW AND ATTACH TO THE APPROPRIATE AGENDA:DATA SHEET. THE EXEMPTION, NEGATIVE DECLARATION OR EIR DETERMINATIONS MUST BE REFERENCED IN THE RESPECTIVE STAFF REPORT AND COPIES ATTCHED WHERE APPROPRIATE. 1. This Is not a project. No environmental documents must be filed. A project is any action, which has a direct or indirect potential to result in a physical change in the environment. Purchases for supplies, personnel related actions, emergency repairs and general policy- maldng are examples of actions,which are not a project. If any of the following environmental factors would be potentially affected,further environmental review may stili be required: Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards&Hazardous HydrologyNVater Quality Land Use/Planning Materials Noise Population/Housing MineralResources Recreation Transportationfrraffic Public Services Mandatory Findings of Significance Utilities/Service Systems 2. This is a project, but it is statutorily exempt under Section Article 18 of the Guidelines for the Implementation of the California Environmental Quality Act. 3. F-1 This is a project, but it is categorically exempt from environmental review under Class , Article 19 of the Guidelines for Implementation of the Califomia Environmental Quality Act. 4. A[]Negative Declaration []Mitgated Negative Declaration(ND/MND)was prepared for this project or the impacts were addressed under a previously completed ND/MND. The Intial Study and ND/MND prepared by the City must be attached to the Council materials for Council review and approval. The Council must adopt a resolution(re)adopting the Negative Declaration of Mitigated Negative Declaration for a non-exempt project as part of the project approval. 5. ® An Environmental Impact Report(EIR)was prepared for this project or the impacts have been addressed under a previously completed and certified EIR, SCH No. . The EIR must be attached to the Council materials for Council review and approval. The Council must adapt a resolution(re)certifying the EIR as part of the project approval. 6. Q This project falls under the" "Master EIR, State Clearinghouse No. The new initial Study prepared pursuant to Section 21157.1 of the Public Resources Code must be attached to the Council materials for Council review and approval. The Council must adopt a resolution adopting certain required findings based on this initial Study as part of the project approval. NOTE: CEQA regulations are located in the State Public Resources Code,which can be viewed on Internet at: www.ieainfo ca qov. Should you need further assistance in determining the applicability of CEQA to a Council action, please contact planning Staff at Extenson 4920. January 8, 2004 State of California County of Contra Costa City of Pittsburg t,Alice E. Evenson, Deputy City Clerk in and for said City Council,City of Pittsburg,County of Contra Costa, State of Califomia, do hereby certify that the hereto attached and foregoing document is a full,true and correct copy of the City Council Resolution No. 04- 9980 on file in this office of said City, adopted at a regular meeting of the City Council of the City of Pittsburg on January 5"' 2004. WITNESS, my hand, and Official Seal this 8t' day of January, 2004. Alice E. Evenson Deputy City Clerk ,RMV18-10111=--.FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND 'WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DIRICT AND THE PITS OF PITTSBUR ("FIRST AMENDMENT"} entered into on the �...._ day of r'i/ , 200 `, s between the City of Pittsburg, a municipal corporation (hereinaft r "CITY"), and the ontra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2, PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PITTSBURG thereinafter "AGREEMENT") entered into on the 7th day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreementwith the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY`s estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the;parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 15, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF PITTSBURG CONTROL AND WATER CONSERYATION DIST By: By: air, Board of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator Deputy ity Clerk Recommended for Approval: Recommendedfor Approval: Maurice Shia -'* Chief E ine r 1 By: By: C' Engin Page 2 of 3 Form Approved: Form Approved: Silvana B. Marchesi County Counsel } By: .-JV By: L?eput Ci y Attorney j G:1GrpData\F[dCtf\SWUF\BO\Agreements\FY 03 04\SUA amendmentstLefters\Pittsburg 1 Amend.doc Page 3 of 3 January 8, 2004 State of California County of Contra Costa Cita of Pittsburg E,Alice E. Evenson, Deputy City Clerk in and for said City Council,City of Pittsburg,County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of the Revision to First Amendment to Stormwater Utility Area Agreement Between Contra Costa County Flood Control and Water Conservation District and the City of Pittsburg on file in this office of said City,adopted at a regular meeting of the City Council of the City of Pittsburg on January 5t', 2004. WITNESS, my hand, and Official Seal this day of January, 2004. Alice E. Evenson Deputy City Clerk EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER. PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this __2Z9"*_ Zday of - < , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Wafter Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (199912004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of 'eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; control-ling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities;or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and ........... ................... ............................................ WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement, 4. Responsibilities of the -Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." ............ ............. (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies, (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below, The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial' facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal' year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (46) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspectionactivities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and ',hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntiial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall 'specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests' arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER CON&ERVATION UTILITY DISTRICT DISTRICT Y � �B , y. .� By. Its: _T d Its: General. Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marches!, County Counsel 'J By: By: David F. Schmidt, Deputy County Counsel Aft ne Dated: ��E� / 4. Dated: CrNITARIYT TRA COSTA PDA B7NITATION DISTRICT S ICT B Its: General Manager Its: P-r--n )G G!tJ e V-A- X- APPROVED qM APPROVED AS TO FORM: By: By; A'A-44 S44A2&7L- Attorney ttorney Dated: Q e�> Dated: //Z d Page 10 ..._..._.................................................................................................................................... ......................_.........__... ....................._.. ........._................................ ......... ............. ........... ....... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EBMUD 7:30 a.m. --4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\liliicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final:07/01/03 Page 11 Appendix B Central Contra Costa SanitaryDistrict - - ----------------- ri19 Imhoff Place,Martinez,Ca 94553 { 0 wwwcentralsanoM FAX: (925)228-4624 CHARLES w.BATTS GeneralManager KENTONZ:ALM Counsel for the District (510)808-1000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Name Wage/hour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discussed,fht.above wa' ge`rates apply to the Source Control staff at the current time and.does not reflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASource Contro1124031JBradtCCCwPLtr.doo Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. f look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1:1Source ControIQ0031JBradtCCCWPLtr.doc • Appendix is Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT 2500 PITTSBURG-ANTiOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925}756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ %.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Z d by: 4 Gozza Finance Supervisor (925) 756-1924 ti:\WORD\DATA\Misc\Lab 12Ates for K'Y 8-28-03-2.doc Appendix B FAST BAY MUNICIPAL UTILITY DISTRICT DAVID P.MLLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector H Salary: $33.02 per hour Overhead, 131%of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re ds, GAYL TUPPER Supervising Wastewater Control Representative WANABUDS\StorrnwaterlRites letter 9.2.03.doc P.O-80X24055. OAKLAND. CA 94823.7055 . ISM 287-1405 fllLppta6 Paper Appendix C POTW CONII,,fERCIAL/NDUSTR.IAL STORMWATER.INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) A enc Address Phone/Facsimile/ E-Mail Representative City of Antioch P.O.Box 5007 (925)779-7000,x 2014 Phil Hoffmeister Shipping Address: Antioch, CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst P&H Street Phoffineister(a"7ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffinelster Clayton,CA 94517 (925)672-4917 (Fax) .Assistant to City Manager Lhoffmeister(a-cci,cla)Aon.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 ,teff Roubal Concord, CA 94519 (925)680-1660(Fax) Clean Water Program ieffr(c cl.cancord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838-0360(Fax) Senior Planner crnccann@cj,danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance &Engineering bkinQ0ci,el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan&cHa€ave te.ca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ea lbertotfcityofmartin ez.org Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga,CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn a&n2a.com City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan . Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vogan{alci.oakiev.ca.us Oakley, CA 94561 City of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address. Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mavarame—comcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoiseya-ci.oi nole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg,CA 94565 (925)252-4814(Fax) Associate Planner kstrelo ,cl,2lttsburg.ca.us il I Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER.INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimile/E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 "Tadd Teaehout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout(a5ci.i)leasent-hill.ca.us City of San Ramon P.O. Sox 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Craw Canyon Place rwui(&cl.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.Q. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkinsfci.walnut-creek.ca.us NPDES Coordinator Contra Costa Clears 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitas{ti p_W.co.contra-costa.ca.us 925-31-3-2000 (925)313-12164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradtta� m.co.contra-costa.ca.us Planning Specialist 2 Appendix D ocrrnor� a� cnc� snri. oaetcnct5r� ' 21 w 0 � N C0TtNcsa - coc+� r1 a> r� N CO r r r cl cc .c� C7 tai v tt d N N N r� N C77 C37 to 0 •U� tU �: to a5 a} +rte CSG cu � .fir • 0 co d' 10 C r 0) CL? d) N C7 C? 0M � Rf O N N N r C 7 r N M N C+7 T 00 g CJ T3 E Q3 •d E- m U: C3 CL Q5 61 CL C C 0 CO 0) U) CO 'C4- mr :f9 G r �y {31 r- co W CCS r ata o j {a Q CL7 G C-0 a) U5 CD —O ' as O G3 Z C C V7 u3 =3 <0 42 CSj C3 O M C5 r h» N C1 r C7 O N t- C+y 'ID t4 Q C7 0) tlY .C5 ,`� z ttf R. u�i Q C7 f0 0) C N M CO Ct <L1 r LO C'7 M L r N Cl? toCC} G71 Mr i Co G C } Q�3 ay CV7 u N r .� C7 E f� E U U � a> G5 Sp 'LU cu mCj vs co ' o E Q t- E C/) LO c of 4) 7Z3 N 't N Fes . r i 7 Lo 0t y co to �c r N LL a) ui > Z z tt7 C1 m ae C3CL x.. ro Ci � � � Ca co ax N U U7 co .. so o m m M n was c c ami io n d� CJU -InW _.r � 2C7CJt� CLGtt� S p— .... Appendix D cb co } c GR C cert �' O Liz d C� C7� N 0 N r^ ch LC} CO C r r m cv LO 0 c' Nv` u5 u r vs LL °� EEto n� M 0 to � CD C 7 0 1- c' 0 Lo tC3 0 Lit rn � � � 2' N N .� M LO Lt7 .t 0 1`. E 9 ro � � 2M N ruN co Cts LL, c I - CLU Q Lo 0 o c! Cn N r � wz m r m N C'') m N to r N r m Lo Lo c! � w � � LLh" r C} 0 Cl to 4) . mto Lnc r- rpotocoo �Ya> N CN oau z� C LL LV C) '7 N CD r Cy r Cd it7 Lo -,I- h~ - 4)25 a 0 fl a�3 ui W ro �} c V} c > Laq U> N r �t O r" to �i '" V) ca CL gay M W q1 r I r r r tf L(1 r G77 CV cl C C Cti U w C } w+ LLl o CC. L = Co � jq5 ,� � qui > W G1. cfz iG C4C43 4 :'L N iv }. til `" CJ> r LrG N CO N 07 ,d, rCiS rte-• r C�'7 .L V C •� .C} 04) ca E �.. O 41 C O {J CD C v» p V} E O Q30 C 0 >+ tJ O CJ ca 0 d m — - Cq CO rM N N 0) ct tr Sl V) r dp r Cr3 5 o > yL o �- CL Nui r w b iu m G C U C C? O g tt1 Ci! M In m >1 31v w >- cc CL su E O 2 > v is LU LL Cd � C3 Lis � CJ CL M = CD c �.. C CSU W ca cz CO U x C3 m a c U ,c c o w cri C) uco) c i o m _ m Co 0 m •c c a) m m n <L00 [ii� ta u> �- Appendix R CD 0 En t"7 � �W(y Oi d ry M to N pray V Cy C9 N G7 Lf5 04 ii.LL GCl v!3 E 69 6°t 6�9 6-P 60V &4l 0 vj N C7 rte.. SD LnO f^- 0 L:? to C> C7 Mcn N co C ti COO mO tmt) ty tD C7 O et`7 mG imo i M nCD Ur tC� N 0 ct O N C*y . tt i r C,t Rt Cq �t N C�i t, m tf.T t^^- Uy �' Qi 0..t-• M ply ffi 6R, 60 N64 69 69 69 b4 tf? 69 6969619. 6N9 63 64 669 LL tfi G9 21 iC aD pjy r f!J uy CJ h- cD 0 to O C> m as LO tr- LS. C p� m C7 O CY Gy p O 0 d CS 0to � C 00 (M co da N 'tt 0 OIn" C' C't CLO m'"3 -, O M y CtS S] Cy N {� eN- t-• N to t-. t[5 r N r C co }. d9 69 69 69 69 83 6qJ fr3 #J3 64 6$ 69 69 b9 , I.t. .0 Cc to tD U) 0 t-- 0 0 to to O m m N � > � Ct .M N co r N r cn L) cD C tU to 'C �7 ... piy Cy O CO Cy m U7 O Ca O 0 Cl tD 0 GD LT7 75 C , CSS CID N "t t0D d N C' Cc'! � r - O m N R r eN" t`- N to t-+ U7 — — til - C 0y m (D {{} �' 6'1 69 6^'i 69 69 6°1 69 69 6-X 6T 69 69 i .0 Q) c >- v t17 to to o r- cD cy u7 o v rn Na U E co ry M M N W r N .- M eo tri et r C r V s= ° et7 iii tN 0 CD 4Iq N tmD d N N N r- C14 i_7J 'W svyy r. ti r iN.. t-- etd 't^.. N m m ems-• 'm�7' _C C d7 O }.. 69 6} 419, 64 6eJ 64 69 69 69 69 6M, 69 60 CL ti U. C m CO O ` 0. m a`Ui .� > " cC14 tyN `° 0 0 ervn `rnN � c'on mo s ` cl) coT 4) 08000Q sv , ca mr en to rn `' OCL 619. 69! 64 69 69 ty9 6*y 6$ 69 e9 69 6i 69 69 6. y} tWC UJ E 4 U 00 } G M N M M N tD r N r N eft m "t r- t � y � C d Cf} C � O�cc . sRra o GJ r� Us » U ca lLS3 +Z1S .L. C: i CI3 �L '' m >y L X U c c n :�' M sr - co Uu7 dUVDtzfm 0d {JFLCLa. v) �� Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY c7 c7 0 �+ cr CD rn (0 N o V o o N o N o LO L O N Fes- r -N co li7 to h N r U LL m b9 643 69 643 69 to 69 69 63 Eft 6*3 69 fR VI3 f0 0 CS CO to d r-- CD CD to O O C7 0) M CD M M N t0 r N r Ct to t0 �t Lf) N C ON CMO` _ M C(O N O dam'- Co O N qN M r c7 OyCO y64 V* 6R 69 � of 643 66-1 6% LL. reti O dt � co V, CD Ci i tD h- CO 0 tfi 0 t7 w 05 M Y O M M M N 0 r N r 'r 0 to etCL � tU c C{) O CO d 0 O 0 O C7 d O a C3 0 O 0 Cl) O6 m �M- N h rN- r h- N Eto P.. e'i cvl 6- N - 6IRt y. (09,J R 61.) W. Eft W. !3 H } H3 613 6Rt 69 G U- N V M o N U CD `� CO uS O h� tt7 O tl7 to O CXf C3S N [L >" d M CO CO N M r N r M tC7 U) dt cl tJ� N C to z O o CD c�D N o m 0 � N N N W tv o � M N ti � r ti tMy en r` u� N rn CO r- M -� LL to 61)- tf3 643 rpt 69 6y 69 69 6q 643 6'} Eft 69 W. L) c Ct3 y°'. 3 C CD It CD to O tl- CD 0 to to O v (M04 �. a) M N M M N N CO r r M to to �rra ,r Q 0 co 149 � N Iq co G7 NN N � r Nw 9 M , Nj " - 'X N tt N CV t- CO X f.. C7 m r N t,,,, r r � M N (M CO N to t w r r r r y- 6g Eft 643 Eft EJ} � ER EH EH 69 d3 643 &3, 6 LL 'C3 N c fk7 0) wg '0 (tN ,�. CO to CO t` O CO tt j to Q a'S m 5 aN M N M M 04 N CD r N r M W)CLr V {L1 d 1 _ O COr- t4 N N N6I ! - 0) cN JCcO to R N 00 -1 lz m r N ti r r N N w I� to CA - :- a } 643 W. EA W, 63 E9 6`3 64J 64 61:} 613 Ef3 Ef3 693 LL N y D ® `* CO to Or-- CO o U-) W o mCL N } M N M M N tD r N r N LL7 N C C .SC cri = C: LU CL C r Q cum Cl) 200tin- a- 0 RESOLUTION NO. 89-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING A RESTATED FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PLEASANT HILL WHEREAS, on July 21, 2003, the City of Pleasant Hill approved a Stormwater Utility Area Agreement Between Contra Costa County Flood Control and Water Conservation District (District)and the City of Pleasant Hill delineating the implementation of Stormwater Utility Assessments in connection with the City's NPDES permit and Stormwater Management Plan; and WHEREAS, on July 21, 2003, the City of Pleasant Hill also approved'a First Amendment to the Stormwater Utility Area Agreement(First Amendment) authorizing the District to administer a joint inspection program to encompass inspection activities and illicit discharge control activities; and WHEREAS, the District has determined that the First Amendment contains minor errors that must be corrected in order to modify the effective date of the First Amendment,and make other minor corrections. NOW,THEREFORE, BE IT RESOLVED,by the City Council ofthe'City of Pleasant Hill that: 1. The City Manager is authorized to execute the"Restated First Amendment to Stormwater Utility Area Agreement Between Contra Costa County Flood Control and Water Conservation District and the City of Pleasant Hill"i in a form substantially the same as the one attached hereto. 2. Resolution No. 61-03 adopting a First Amendment to the Stormwater Utility Area Agreement is hereby rescinded and superceded in its entirety by this Restated First Amendment. 3. Three(3)certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 15th day of December, 2003, by the following vote: ......... ......... ......._. _.. ......... ......... .......... ..... .._...... ......... ......... ... ...... ........._......................................... AYES: Angeli, Durant, Harris, Williamson, Escover NOES: None ABSENT: None ABSTAIN: None L S C. ESCOVER, Mayor ATTEST: DORIS P. NILSEN,C y Jerk APPROVED AS TO FORM: DEBRA S. MARGOLIS, Ci Attorney L:\DEBBIE\PUBWORKS\Reso re Restated 1st Amend to SUA.doc RESTATED FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PLEASANT HILL FOR COMMERCIALtINDUSTRIAL STORMWATER INSPECTION SERVICES 1. PARTIES This RESTATED FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND C!-7Q( i� OF PLEAS N HILL (-RESTATED TED FIRST AMENDMENT") entered into on the 6M day of Y�� _, 200,3' sbetween the City of Pleasant Hill, a municipal corporation (hereina er "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this RESTATED FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This RESTATED FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ,AND CITY OF PLEASANT HILL (hereinafter "AGREEMENT") entered into on the +�_of ri/ , 200 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District,', and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION' PROGRAM will be pursuant to "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE, CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL '; CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM", dated 28th day of October, 2003, shown as Exhibit "K, as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: 13. ENTIRE AGREEMENT: This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14 which shall read as follows: "14. EFFECTIVE DATE: The terms of this AGREEMENT go into effect, July 1, 2003." 4. EFFECT Except as expressly modified by this RESTATED FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect. The First Amendment to Stormwater Utility Area Agreement between Contra Costa Flood Control and Water Conservation District and City of Pleasant Hill adopted by Pleasant Hill City Council jResolution 61-03 on July 21, 2003 is hereby rescinded and superseded in its entirety by this RESTATED FIRST AMENDMENT. CONTRA COSTA COUNTY FLOOD CITY OF PLEASANT HILL CONTROL AND WATER CONS ATION DIS IC By: By: AA jal aw� C ir, Board of Supervisors Michael Ramsey; City M er ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors And County Administrator t ' eputy Doris P. Nilsen, City lerk Recommended for Approval: Recommended for Approval: Maurice Shiu Leary B. Wong Chief Engineer City En wi eer/Director of Public Works By: By: -464ez�e__ ity e r Form Approved: Form Approved: Silvano B. Marchesi Debra Margolis County Counsel City Attorney De ut By By: City Attorne Y . ......... EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIA.BLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A'° AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CON i RA COSTA CLEAN WATER PROGRAM The Agreement is made this day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD), Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of 'eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges. by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Raman and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the dateall four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the A encies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." _. ......... ......... ......... ....._... ......... ......... ......... ......... ..._... ._..._.. . __ . .... ......... ...... ........ . ..... ........... ......... ......_..... .. ........... ._....._..__......_. (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attomey. {tJ To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (I) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below.',The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial',facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscalyear(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District ' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of Inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff',of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activitiesbudgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, eonse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees From and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7360 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-•4392 (925) 229--7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2504 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 ................................. .................. ..................................................... IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT By: By: Its: i-e _U A) Its: General Manager 0 APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: f, AjalkbLl> By 71jO�&,Ao�ot-�Zpd David F. Schmidt, Deputy CountyCounselAtt6-ey-/ Dated:- Dated: b Z& CE RAL C TRA COSTA D A IAB NITATION DISTRICT S RAL 1A PIATBNIT) CE T7ICT B I/114f W V f Its: General Mana2er Its: A-Cn vJG GAN u-V-A,', A.- APPROVED T O APPROVED AS TO FORM: By: By: X&I4.11 /9-44 Attorney /)"ftorney bated Dated: Page 10 .............................................11............... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EBMUD 7:30 a.m. — 4:00 .p.m. Delta Diablo 7:30 a.m. --4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\Illiiclt Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final: 07/01/03 Page 11 Appendix B Central Contra Costa Sanitary District g • imhoff Place, FAX:(925)228-4624 CHA=S w BAITS General Manager KENTONL," Counsel for the District (510)808-1000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you . earlier: Name Wagethour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $23.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we discusse.d,,the.,above Wage es apply to the Source Control staff at the current time and does not reflect the merit increases the staff will receive and any cast of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cast of labor for providing the services under the contract. t.l5aurce ControN20431.1Bradt0CCWPLtrAoc Recycled Paper ...............................................11.11...... .. . .......................................... Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let rn6 know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource ControI\20031J8radtCCCWPLtr.doc • Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT. 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 -CEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS.FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.380 60% 28.4281 120%d 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 z by: ozza Finance Supervisor {925} 756-1924 U:\WORD\DATA\Misc\Lab RAtes for KY 8-28-03-2.doc Appendix B SUS BAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Centra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMU D STORM`VNIATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMtJD storwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131.%of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBNnM overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re cls, GAYL TUPPER Supervising Wastewater Control Representative W:\NABUDS\Starmwater\Rates letter 9.2M.dac P.O.$0X24055. OAKLAND . CA 94623-1055. 15?0Y 287-1405 Riwyytis3 POaer Appendix C POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SI EET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency8gency Address Phonel Facsimilel E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffinelster Shipping Address: Antioch,CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst 3`d&H Street Phoffineistera(7cl.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917 (Fax) Assistant to City Manager Lhoffmeister@cLclayton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord,CA 94519 (925)680-1660(Fax) Clean Water Program ieffr(&cLcongQrd.ca.us manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838.0360(Fax) Senior Planner crnccann.QcLdanvllle.ca.u s City of El Cerrito 10890 San Pablo Avenue (510)215-4367 Bruce King El Cerrito, CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkinc�fa,ci.ei-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Donna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan@ci.lafavette.ca.us ci.lafayette.ca.us Management Assistant Lafayette, CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealberto@cit�rofmartinez.org Town of Moraga 2500 Donald Chive (877)235-0653('Poll free) Bob Dunn Moraga,CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn lo2a.com City of Oakley P.O.Box 6 (925)625-7003 Jason.Vogan . Shipping Address: Oakley,CA 94561 (925)625-9194(Fax) City Engineer 3633 Main Street vocianOc€.oakley.ca.us Oakley, CA 94561 City of Orinda P.O.Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993(Fax) Stormwater Program 14 Altarinda Road mayarapp tr�comcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole,CA 94564-1774 (51 0)724-4921(Fax) Development Analyst irvoisey .ci.pinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94565 (925)252-4814(Fax) Associate Planner kstreloaci.nittsburo.ca,us I .................I........................................................................................................................................................... Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Aaency Address Phone/ f=acsimile/ E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) fteachout(&—ci.pleasant-hill.ca.us City of San Ramon P.O.Box 5148 (925)973-2686 Roderick Wul Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax) Associate Engineer 3180 Crow Canyon Place rwul(&cLsan-ramon,ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkins(&cl.walnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez,CA 94553 (925)313-2301 (Fax) Program Manager dfreitaset)w.co.contre-costa.ca.us 925-31.3-2000 (925)313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradte,i)w.co.contra-r-osta.ca.us Planning Specialist 2 ................................... ......... .................. i Appendix D rss s, W C\! CO T r r C'Q CS +C m Ni `o cG troy ^ — � m o to c o to CO C> co eItr co cn oa cr cc7 to � ry e `J N �,., C�7 r (�} C`3 C''3 r•, cfl t? � rq` � a cn a u z 0 � m )N C14 C,4 3 rn (Dcar ry ca 0 V) N- r- r� N — rcvcrsNmi. w 4 a Nt r2° E Z5 m E41 z C7 y u m c E CL E cs cu OU N N N Com'? CO t--CCO COC> US to CO d' Ch r r T clq 4) CCC N +/3 L1 tU NC� r C C7 C `, J � NN i2 i8 K4 N L2 0_CM CL yr 47 r _ co r CV cr)a Cb Co � C7�j m �` tM CO co M � T "" T . � L7 4)C � i3. CJ tll 4 •� E O co N CA � M E ¢ ani CY) CO ref N t !�- CCO Ur CV �[}Lu w Q� 07 C3 > Z � Li CL Im M 4) Ccc 3 C C d ? 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M 04 ca co cc w N Cq -t N N m CO N 11 U'S 0), 0) co N QD 64 619. 69 6f3 61). 6f63 i 64 64 413 647. cc E 0 0 t <0 0 0 r-- 10 0 Lo w CD m N 04 o0 4) co fVM M N 0 N — N U7 V ce) fl- -0 a. .0 LIJ cc G1 ui G1 c 0 z CD -2 w .2 N E m E (D >, co 0 to CL 0 C) 0 = I- cu 3as ca n CO Uu7 cc C: 0 mo- r — a) 0 ..................... .. ............. Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY O m O O d O tan tri 4 O Lo pap 9t Cis U) U-) �1 a a CV a r t!) tom- N r h� , 6p N ttJ P• 'd � � N ems- Il 6669 64+69 tf9 ift t69 tf9 to to tf} 4ft E+9 h9- FA Cc d 7 4) v r M M N W to N r a a tl in wa v C%4 ' `d' ,r O a a p d a a 0 a aaaa a a SSaaNaO pC'Or � tN N r I a yt J 64 (N 6rt3 K} tti � d M cc r M M N waN a ca m N Ct to 4Ll c 5 ~ ,aco � 0) to CV as +t 0 O � N N V!In LO 0 r m c tet CV Ctif F`- LAS t17 1`- in N m a f- 471 } m � + +� � 60 t!3 y64 tf9 69 6r9 � � (099 O LL CL �" 0) M r M Cl) N CD a C14 — coo i CIJ a n CS) Cp � N N r- to [a '� r G c M "C7 z O d 0) a O O L" aa- 0 O O tali 0 m O tan O W uti .a Q r 0) CO N a "t cD F, N N C1! CCA {� 3 r N ftr aN- P t• co 3IS F- tf) N CA co tom- a iF9 t{} tf! +E� b'3 � to t!3 ff3 Ula ttT 64 to V m � � h 4Ut M a N cM M N N tari L tr �+ CLr 0 to o 0 0 a m o a o LO 0 o tan ao {SS o ro qd> to N any o N N r tv m ' Nr CO., 9 9 Cn m GU C3 c`ss d N CN a rai c�ri N trn `.° N m ran t�fS v �j m 11 � `* al ro ,a a tea o cr, o a w tom- N co cv r cv d y m M m Lo N N :�-' tan in � M c cl c cu d) L1 c' 0 CD c`a c c c � C rnC: CU �. c c cts "C Eu c ess x n acc0mm *a c CD Co RESOLUTION 2003-129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO WHEREAS, the City of San Pablo, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public 'agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(1999/2004) June 30, 1999" (Plan and its successor); and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 21, 2003; and, WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. WHEREAS, the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999. WHEREAS, the Stormwater Utility Area Agreement is amended' by changing the effective date of the AGREEMENT to July 1, 2003. NOW, THEREFORE BE IT RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings. 1 BE IT FURTHER RESOLVED that: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. Adopted this I"day of December 2003, by the following vote to wit: AYES: COUNCIL MEMBERS: Gomes, Morris, Calloway; Vigil and Brown NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/ Sharon J. Brown Ted J. Denney, City Clerk Sharon J. Brown, Mayor 2 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATEP, CONSERVATION DISTRICT AND THE CITY OF SAN PABLO ("FIRST AMENDMENT") entered into on the 1st day of December, 2003, is between the City of San Pablo, a municipal corporation (hereinafter "'CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO (hereinafter"AGREEMENT") entered into on the 21st day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein 4. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on December 7, 1999. 5. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF SAN PABLO CONTROL AND WATER CONSERVATION DIST By: By: .0 KI-01 9(air, Bbard of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator By: VA�Ae /Oebul'v V City erk Recommended for Approval: Reco mended for Approval: Maurice Shiu Chief E. ineer, By: By�_ 4 4h2 City Engineer Form Approved: Form Approved: Silvano B. Marchesi County Counsel By: By: Nut� � 6/city Worney 0AClean Water Program\SUA BUDGET\2003\Changes In Nov 2003\councii Iterns\San Pablo I Amend.doc Page 2 of 2 EXHIBIT "A,° AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DCABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A!' AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this 29"- day of GLkc , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 9. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate' Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating ;Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with',its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. (j) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below, The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal; year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the Districtand Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality{ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (46) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection' activities services were performed. Page 6 .......I............................................................................ ....... ...................................................... (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, innluding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are .self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fin6s, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 ................. suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Centrad Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510.287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event' the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT Y y Its: lr� I.I Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By= 4. David F. Schmidt, Deputy County Counsel Att ne Dated:- - �� `n/�0. Dated: '? Y& 1j CE RAL C iTRA COSTA D A IAB NITATION DISTRICT S NITARY 64 T ICT B L Its: General Manager Its: P----A1PG G�tNmv-A,%- APPROVED 7 O APPROVED AS TO FORM: By: By: Attorney ttorney Dated: Dated: Z Page l o ''I'll..''.........I................................................................................................................................................................ ........................................................................ APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 p.m. EBIVIUD 7.30 a.m. —4:00 p.m. Delta Diablo 7:30 a.m. —4:00 p.m. Monday through Friday, excluding holidays GAGrpDataNNPDES\IIflidt Discharge Control Activifies\ Inspection Contrac 07 03\Exhlbit A-Inspection Contract 07 03.doc Final:07101103 Page 19 .................................................................... Appendix B Central Contra Costa Sanitary District t i t • FAX:(925)228-4624 CHARGES W.BAITS General Manager KENTONL.ALM Counsel for the District (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you earlier: Name Wage/hour Tim Potter $43.58 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.25 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning' in Fiscal Year 2003/04 is 1.35 As we discussed,.the.above wage rates apply to the Source Control staff at the current time and does not r6 ect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. [ASource Controlt2003U8radtCCCWPLtr.doe Recycled Paper . . ... .. ................................................................................................................................................................................................................... ..............__.... ...._._.._... ......... .......... ........... ...._._.. ......... ...._.... ......... ......... ......... ....._... Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let rrie know if yai need any further information on this subject as you proceed with the contract renewal process. 1 look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1:1Source Controll20031J8radtCCCWPLtr.doc Appendix E 11 A'wa' Delta Giallo Sanitation District OFFICE AND TREATMENT PLANT 2500 PITTSBURG-ANTtOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)766-1900 ADMIN.FAX: (925)756-1961 MAINT FAX: (925)756-1963 OPER.FAX: {925}756-1962 TECH.SVCS.FAX {925}756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus plus Hourly Rate Fringe External H2K1y Rate &Non-Prod Overhead TOTAL Brothers34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5 $ 106.24 Prepared by: Robert Go za Finance Supervisor (925) 756-1924 U:\WOR.D\11ATAMisc\Lab RAtes for KY-8-28-03-2.doc Appendix B EAST BAY MUNICIPAL UTILITY DISTRICT DAVID R,WILLIAMS DI)RE470R OF WA87EWA7ER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMU`D star water inspection rates for the Contra Costa Clean Water Program: Inspector Il Salary: $33.02 per hour Overhead, 131%of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBNIUD overhead includes benefits, administration and clerical support,vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re , ds c's GAYL TUPPER // Supervising Wastewater Control Representative WANAB\1DS\4tormwateT\Rates letter 9.2.03.dDc P.O.BOX 24056. OAKLAND . CA 94623-1056. (5?0) 287.1405 ' 4nDendiX {� ,. . . . P()TW CSTORMWATER INSPECTION CONTACT SHEET FOR ' . PARTICIPATING MUNICIPALITIES -2004\ Agenc Address Phone/ Facsimile/E-Mail Representative City ufAntioch Pl}. Box 5QO7 (925)770`7000.x2014 Phi{Hoffmeister Shipping Address: Antioch,CAQ4531'5OO7 025 Administrative Analyst Antioch, CA 84508 City ofClayton 8DOOHeritage Trail (925)873-7308 LauruHoffmeiater Clayton,CA04S17 (925)672-4917(Fux) Assistant huCity Manager City of Concord 1455Gasoline Alley (825)871'3394 JeffRouba| Concord, CAQ451Q (92 Clean Water Program Manager Town ofDanville S10LoGonda Way (B25)314-3342 Christine McCann Danville,CAQ452O (Q25)838-0360 (FSenior Planner City ofE] Cerrito 1O8QOSan Pablo Avenue (51U)215-43G7 Bruce King BCerrito, CA 94530 (510)233-5481 (Fa* Maintenance&Engineering Services Manager City nfLafayette City ofLafayette (925)934-3908 Donna Feehan Public Works Services (825)934-3662 (Fox) Public Works Services 30O1Camino Diablo Management Assistant Lafayette,CA 94549 ' ` . City nfMartinez 525Henrietta Street (925)372-3568 EddmondAlborto Martinez,CA 94553 Jr. Engineer ealbertoO Town ofK8oragm 2500 Donald Drive 877)335-0H53 free) Bob Dunn Monyga. CA (925)260-6130 ) MonogaTown Engineer (816)878-1071(Fax) bdunnQ City ofOakley P.O. Box 8 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CAQ4581 (925)625'9194(Fax) ^t' Engineer 3633Main Street Oakley, CA 94581 — City of Orinda PD. Box 38OO (925)253'1097 Shipping Address: Ohndm.CA 04563 (925)253-1803(Fax) ' Rappaportr Program 14/UtadndoRoad mayarappQcgrricast.net Manager [)hnda. CA 94583 City ofPinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole, CAQ4564-1774 (510)7244021(Fax) Development Analyst City ofPittsburg G5Civic Avenue (925)252-4122 KenSba|o Pittsburg, CA 94585 (825)252-4814(Fax) Associate Planner l Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) A,gen Address Phone/Facsimile/E-Mail Representative City of Pleasant Hill 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant HILI, CA 94523 (925)676-1125 (Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout ci.pleasant-hill.ca.us City of San Ramon P.O. Bax 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173(Fax.) Associate Engineer 3180 Crow Canyon Place rwui5-ci.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 perkinsCcD,,cl.walnut-preek.ce.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Fraitas Water Program Martinez, CA 94553 (925)313-2301 (Fax) Program Manager dfraltasOow.co.contra-costa.ca.us 925-313-2000 (925}313-.2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradtO-pw.co.c;ontra-cosia.ca.us pw.co.contra-costa.ca.us Planning Specialist 2 ''1''..,............................................................................. ...... ............................................................ Appendix D CL V) cc CL 0 15 C .0 C\j co U- Q N (D to 41 cu 0 to It 0 m C:� w m cq cm M v co Ln cr) 0 Ce) E ui tell 0 C\1 N N M ct) N CO f- (o vil > 0 —0 M (D Z > tU zU) cc cc :5 0r.. U) CO t LO IT r M (D 0) N C) 0 V) fl- fl- t- N (13 ce) C14 N CO co E ca 0 cc r- z a) M =O0 CL o E m = 0 CD m 0 CL E LL 0 E La. c 0 M —0 0 't' 0 CO M W M T W M LO CO Itr M T d —Tca to — — — CO :2 0 CD 0 CD C6 0 U Z CD w CC M C An CL E co E C) M 0 t- N 0 a C> N r*- 0 Cf) 5 U) — CN 0 M Cc cm uz .0 0 4) �B -0(D L- a CL Q) C 0 = a 0- RS L) 0 iE L) r- - m M Ce) 4ti v- (D Lo 0 M (0 tr M r M r M a) Lo Cn r- 4 a) O V U) C4 co CJD (D 0) m m cc (m cm v a) r 0 C14 E 0 "8 = cc U. 0 0 U- 0 fl E E 0 2 E < H E 0 CO ttO co 0 co ul) a eS co N U'7 N 0 to 0 0 CD co r CV 0 'Es co IT N N r-- M f,- CO (D 0 m m 0) 0 0 0 0 ui > z z N E CC cc m 0 o 0 Oc C>:M 00 6. C X 0 — Cc CO 0 m r- CO U v3w ui 2 0 0 co Appendix D M 0 N cvc~otr° C' c7 � cato N E N art LO 0 +x� o N Nr atU.) 0 .t E LLco cin E cru co <0<0 M LO ccs C) in Lo 0 co m 04 � N CN w- l+) u') Lcs "t E cv 4 O - oa Et vt z m O co e- firs M N (C N � M UI 'v tC CO ui 6 } r 0 Mcg, Mm � u> oes� N0 � CD T ti _� N r t� SCS 4) �. u. W cc .n Ra m 49 -05 - N 'p 1 � ,v �N U Com- EA f!7 N >• m co 4. CD vs G' v :1", v� m C C3 Em m0 p O y � `� Cn r It N cL> CV Gss Y� 6rC! UJID E — Ci. tom.) O ply C) E dot C1 Qom? aCL MLi a`s 6 tf� CL w CD tM m CL v ur a� > s, ro o CL CD Uami �` t`` '7 tl rt�i N M tts r 0) c"s U U cc c 3 ro 0. m o y d H u- E ° E �+ cacnCSS Ie co L77 co ao `� cn tD M co W N tV m ems-- N to co rte- co CSV co ,0 0 Ct] c m C Ei3 w u. is c c y h- m to C3 ca 0 t� Lt era © q O O to qs CO 8+ cc x c c U x c m M c n dUU © lL! _t � { pCLL1 U? Appendix Ig 0 10 0 ;2 in 0 0 W) uj V� ol cR C'� 'It 0 N C! CCN� -- In a f�- — — N N 0 6961, 6% tag 6961, 0. 61% 64 6% 69 6% &7 C%4 ici (D vto 4 U.) co v co c 0 0 (Z 0 0 CD 0 Ki to 0 00 0080 cc 0 040 0 U-) 0 11", 0 14, 10 No . 6 r" cv C'l — 0 CV CN U- 40), f 0% 0rte- - CN f!3� 64 t(j"D, 0, 1* 64, 611.k 61-1 6-9. t9f to,* CD 2 to m N tn 0 m V U')0 LO a 0 Ln V'CL tn r- cn 2:1 t3 O C7 tJ C7 QD 0 CD LO to to Ln 0 cJ 00 (D UD N M § v 0 t- cv "'i C'� Cq t-: M, m N — *01� N — IV, co Vy 4's 6% vy 6s, 69 60-� 64 69! 64 N co Cc >- CD co In a fl- 0 0 LO m m (M > M D. co M N 0 — N tom,,, M 4D U5 c m C, o clcl� m N Lo Ln 0 &0 0 C3 tL? rl- C,4 a CL 69 CO (D LL 63 69 64 6113. 69 leo% ty E m E r- 0 N in Ln al co 4) N in 8 E 72 0 C, pp E CD to 0 0 Ul) Lt} tt7 Ln 0 414 a C14 Ate- N N C'4 CN m co t-- r- co cm 01, 619, 09. N E 41% r_ 04 cc Cb 0 C'4m N CL r- cu LO �d Cq m 6 LK 0� a , , E VVI , , N 64 to* 64- 64- Itt civ 0 64 61, Cc U. (D E 0 M cn N to N U) CO tN- 'D0 n- 'a LU r_ m Ll cn (D M >, cu u o 0 to -14 Co 0 m m 0 m Cts C/) ............... ........ .. ._..._. ......... ......... ......... ......... ......... _........ ....... .......... ......... ...._.... ......... ......... ......... ......... ......... ......... ......... .............................................................................................................. Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY ........... 0) Vy 'be, I- , " Lo >- M 64% 61). 643, 61j, LL 43 CD 0 co CD U-) c:> r- (D o U.) a o 0 m o r,04 0 c) 0 CD ti co Lf) 0 Ul) C> to Lo U") -: cm CO (0 04 T 1- U) 0 amst co w Lo o r- to a tn o CD co 0) cn ID m m m N 0 — N — V 0 Lo U-) cl C4 C, cli m Cq g M % 04 61fA 61� 61% vi 64.� 64 6,% LL sr0 to a) to 0 a 1� w 0 0 0 o w m C'4 617 m ce) m m N 0 04 CIP) 0 cc M 0 0 0 0 U') 0 0 0 0 0 0 m C) z C�� 0 (0- cl, o "t Zo F- cq C'i C'� t"� 4- w M — V�Gpe C\f 6% V9, — — 69 6y 619, 65, , 613 tog, fi44 X N co to 0 r- to C) in 0 o v 0) W Cl) N Ce) Ce) N (D — 04 — M V) LO V < 0 0 0 CD 0 0 C) 0 0 0 co 0 0 0 0 .X Lo C14 0 0 s 0 Lo C) 0 Lo Lo U'j a U') �o 9 a m a). to 04 0 V: to tZ N C't C't C� 04 Cj V 04 N 6 ,: Cn j C-4 0 00 f-- W ,,, t- — 6M, N 6c. 6-� .+ v- "t co 69, 6q 613, 6561), 03- 6.1 6% 61). 60 U- 4) 04 v co in 0 f- w 0 U) Ln 0 Nt m V m — m m N ca N cl) Lo U) 03 C14 CL rt r C:57 to tn 0 Ln CD cm Ul) 0 Q 01 a V. w F- N co C"! 0� Cq N �: M UJ r,: 'd (:6 —0 CO P- 0 in, 1- — Q�l 04 V). V% 69 Q% r. -T CL 7 6R 1t> 6113, 6F) 613. EA 6H 6v� 61% LL 0 0 t 0 w 0 Lo W o n m 0 co M M N 0 — N N 0 co (D 5D 0 (D I N N LCD Cfj .9- = a 7E cu 0 0 L- Cc .0 CU r C: cu c C: cu "t L- 0 - — 0- C o m 'Ca m 0 m a M M in < a w -J2 MOO CL CL 6- w ........................................................................ ........................ RESOLUTION NO.2003-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON WHEREAS,the City of San Ramon, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, 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 a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges;and WHEREAS,on July 21, 1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction;and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(1999/2004)June 30, 1999"(Plan and its successor);and WHEREAS,the Plan does and shall contain components related to inspection activities at industrial and commercial facilities and illicit discharge control activities;and WHEREAS,the City of San Ramon agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality;and WHEREAS, fifteen (IS) municipalities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette,Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg,Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA.COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT (ON BEHALF OF TBE CONTRA COSTA CLEAN WATER PROGRAM},THE CENTRAL CONTRA COSTA SANITARY DISTRICT,THE DELTA DIABLO SANITARY DISTRICT,AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM"for inspection activities and illicit discharge Control activities;and WHEREAS,it is in the interest of the City of San Ramon to participate in this joint inspection program; and WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CI'T'Y OF SAN RAMON" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on July 22,2003;and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program;and WHEREAS,the Stormwater Utility Area Agreement is amended by adding the following to Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District,the Delta Diablo Sanitation District,and the East Bay Municipal Utility District(collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program(hereinafter"INSPECTION PROGRAM").Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT(ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM),THE CENTRAL CONTRA COSTA SANITARY DISTRICT,THE DELTA DIABLO SANITATION DISTRICT,AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1,CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT;and WHEREAS,the Sto nnwater Utility Area Agreement is amended by adding Section 13,which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein;and WHEREAS,the Stormwater Utility Area Agreement is amended by adding Section 14,which shall read as follows: 14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 9, 1999; and WHEREAS,the Stormwater Utility Area Agreement is amended by changing the effective date of the AGREEMENT to July 1, 2003. NOW,THEREFORE BE IT RESOLVED,that the City of San Ramon does hereby resolve as follows: 1. The City Manager shall be authorized to execute the First Amendment to the Stormwater Utility Area Agreement subject to the City Attorney's approval 2. Three(3)certified copies of this resolution shall be immediately forwarded to the District. PASSED,APPROVED,AND ADOPTED on this 9'h day of December,20103 by the following votes: AYES: Couneilmembers Cambra, Hudson, Perkins, Rowley area Mayor Milson DOES; ABSENT: ABSTAIN: 11 Abram Wilson,Mayor ATTrST: Judy Macf lane,City Oerk d h#rekr CNrgy that this is a ,drat,tme and accutwte coPY of rt it sot1tdon adapted by the City CONA01 c{f tht 6&of Sa.n1 Ramon an - �t vC. ate CCl FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SANRAMO'N 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE PITY OF SAN RAMO ("FIRST AMENDMENT") entered into on the day of el , 2n , s between the City of San Ramon, a municipal corporation (hereina er "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON (hereinafter "AGREEMENT") entered into on the 22nd day of July, 2003. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: CITY authorizes DISTRICT, on its behalf, to execute an agreement' with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to the AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated the 28th day of October, 2003 (attached hereto as Exhibit A), as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit B attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit B by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read',as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 5. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read';as follows: 14. This AGREEMENT terminates and supersedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 9, 1999. 6. AMENDMENT The AGREEMENT is amended by changing the effective date of the AGREEMENT to July 1, 2003. CONTRA COSTA COUNTY FLOOD CITY OF SAN RAMON CONTROL AND WATER CO ATION DIS T By: By: air, Board of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator City Cleyk Page 2 of 3 Recommended for Approval: Recommended for Approval: Maurice Shiu Chief En sneer By: By: • . ...�. t Engineer Form Approved: Form Approved: Silvano B. Marchesi County Counsel By. t. B � kl�. DeputyCity Attorne G:\GrpOata\F1dCtl\SWURBO Agreements\FY 03 04\SUA amendmentslLetters\San Ramon 1 Amend.doc Page 3 of 3 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this day of 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (ESMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued ;National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Wafer Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of ',eliminating non- stormwater discharges into municipal storm drains and creeks; conducting Stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activitiesor housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, ',Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties j'and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the ParticipatingMunicipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f)- To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon (termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below.' The final report of Page 4 the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District' and Participating Municipalities updated rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the fallowing fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating'Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To provioe quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. Insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability Insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at feast one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are ,self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and 'hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, copse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY'S, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freltas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (025) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bary Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 94607-4240 510-287-1846 If to DDSD, to: Mr. berry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT B m Its: _ i ._ Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi, County Counsel By: By:29 David F. Schmidt, Deputy County Counsel Att ne Dated: fl. ` Dated: 17 b Y& CrNNITARY RAL C TRA COSTA D A IAB NITATION DISTRICT S T ICTB Its: General Manager Its: Ac'yt JG GI tje . APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttomey Dated: Dated: Ga Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. EBMUD 7:30 a.m. —4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:\GrpData\NP€3ES\I illicit Discharge Control Activities\ Inspection Contrac 07 03\Exhibit A-inspection Contract 07 03.doc Final:07/01/03 Page 19 ' Appendix B Central Contra Costa Sanitary District stri pct 5019 Irnhoff Place,Marlinez, Ca 94553 (925)228--9500 FAX: (925)228-4624 CHARLES W W= General Manager KENTONL..ALM Counsel for the District (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you - earlier: Name Wagelhour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead' multiplier for all billable time beginning in Fiscal Year 2003104 is 1.35 As we discussed,,the above wage rates apply to the Source Control staff at the current time and.does not ndflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. IftSource ControA2003WBradtCCCWPLtr.doc Recycled Paper Appendix B Mr. Joshua Bradt September 8, 2043 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource ControR2003L38radtCCCWPLtr.doc • Appendix E O^k Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN. FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 60% 20.6237 120% 41.2475 $ 96.24 Cain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 20624 z ared by: ert Gozza Finance Supervisor (925) 756-1924 UAWORD\DATA\M1sc\Lab RAtes for KY 8-28-03-2.doc Appendix B FAST SAY MUNICIPAL UTILITY DISTRICT DAVID R,WILLIAMS DIRECTOR OF WASTEWATER September 2,20303 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBML`3 STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMLTD stormwater inspection rates for the Contra Costa Clean Water Program: Inspector II Salary: $33.02 per hour Overhead, 131%of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBMUD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as"overhead." Please let me know if you need additional information. Re ds, GAYZ TUPPER Supervising Wastewater Control Representative WANAB\1DS\StarmwaterlRates letter 9.2.03.doc P.O.80X24055. OAKLAND . CA 94823.1055 . (510) 287-1405 �a+:raee!vada Appendix C s POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) Agency Address Phone/Facsimile/ E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffinelster Shipping Address: Antioch, CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst 3"'&H Street Phoffineisterfa ci.antioch.ea.us Antioch, CA 94549 City of Clayton 6000 Heritage Trail (925)573-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917(Fax) Assistant to City Manager Lhoffineister a ci.cla&n,ca.us City of Concord 1455 Gasoline Alley (925)571-3394 Jeff Roubal Concord, CA 94519 (925)580-1660(Fax) Clean Water Program ieffr cl.conord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838.0360(Fax) Senior Planner cmccann a(-ci.danville.ca.us City of El Cerrito 10890 San Pablo Avenue (510)215-4357 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bkingCcr"?ci.el-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Gonna Feehan Public Works Services (925)934-3552 (Fax) Public Works Services 3001 Camino Diablo dfeehan aacl.lafayette.ca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3558 Eddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr. Engineer ealbertoa-cityafmadinez.org Town of Moraga 2500 Donald Drive (877)235-0553(Toll free) Bob Dunn Moraga,CA (925)260-5130(Cell) Moraga Town Engineer (915)676-1071(Fax) bdunn .lp2a.com City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan Shipping Address: Oakley,CA 94551 (925)525-9194(Fax) City Engineer 3533 Main Street vogan@ci.oakleY.ca.us Oakley,CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993 (Fax) Stormwater Program 14 Altarinda Road mayaraop t(z�comcast.net Manager Orinda,CA 94563 City of Pinole 2131 Pear Street (510) 724-9037 Nancy Voisey Pinole,CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoiseva,ci.pinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Strelo Pittsburg, CA 94555 (925)252-4814(Fax) Associate Planner kstrelo�7g ci.pittsburg.ca.us I Appendix POTW COMMERCIAL/LNDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2004) A- gencY Address Phone/ Facsimile/ E-Mail Representative City of Pleasant Hilt 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachout 8ci.pleasant-hiii.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address: San Ramon,CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Crow Canyon Place rwui at'7cLsan-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) Assistant Engineer/ Walnut Creek, CA 94596 Perkins(a"�ci.walnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez, CA 94553 (925)313-2301 (Fax) Program Manager dfreitesapw.co.contra-costa.ca.us 925-31.3-2000 - (925)313-_2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management ibradte,pw.co.contra-costa.ca.us Planning Specialist 2 Appendix D cn o tir M M r as r� a� cn r a� tit rn cn M a v N tt? Co Ct N of til r tD M ey tYJ tC) M t`�'ri 0 Em N 4U a tU N t1:} r r r N ty N tt} M CL p M q 0 co ~ U- coCo o Ca O [ C 0 CCSM 'Cy" tJ M Cs oa e7• cc N tS) U'S r to Lo et• M w N N N r j ,-- M ' co N M N tD a E y N b 0 tit as as c Z O o > a Ct M N N N tD tS7 N L O tt? td t� t— N r qB z w M '"`" N M N M h- CO CE. 5 0 c o E C7 0 CD GL E 's cc U O E u y tts U E cz a E iC t FS N N N d M W M r- M CSS Lo ti} .,t M r O cuO C.1 USS G7 r'" Cil r r M r r tit` M t`� M CJ Ua r Q,1:•B y M a• � � tL7 c CSS t17 N in T7 CS ..; ....� m' `a a ett vi a as its L7 a sin 0 m m 12 N M C7 r t, N C! r C S {V h O M C I--0 cu <4 CD CS r `y to CM C7 •U w O � � .�. C0 `tau to to C U) cn _ to r N to to t 7 � M R M to CSS 'm e eM•- C C y L m tt7u- r N 'a E Ste' W 7 L E _ < E CD cu m4) CD w timet tMv "TM hN- cLn n M : a, ri rn all Z Z [l . C1 � CJ CL. ca5 o _ �- "- Q3 tII e C E x U oca U Ccu c o n ro Ucp dC3UOt%� m C13 OC7cit% uco �° Appendix D N N M N to —NN' e "TU') CO 't co 7 �} L h co w t o t o 0 h• to 0 t f 7 0 0 w m � 7- ! M ty M M N W r N r "T to 3t3 't r co � E CI t} =� Cho CD w d COLO O t� COO to O o w C'3) N U ty M t M M N W1 N r MOO 'd 0)r j } p E 4» L s s* T t0 +S} c I,- to 0 Ln tC3 o `3` 0) N M ' p p p p C) N M M N to r N r M 0 LO "t r � � 0) ca >` vi N Lo m O - LM C. ,MU a C,4 't (4 to 0 r- toy o to 0 d rt to C'4 ?t? a) v; - 0 }Q M N M M N to r N e M 0 LO et' � r4_ � — L 0 CL Cp c C >1 mC14 0 Com) N t*} C Y`.. to 0 LoW 0 -,tm co 1- '�> --• p ,tom C y G M N M M N CC) +^ N r N 0 t[5 tl r t-- tU tt) Q) O cc .0 v } c m v) cmc U to �) to M 0) r- to r to M r to �- 0) U us E ro Ui r et r t, C7 r to N U7 C ,,,_ 4) CA C r N [ t- r r N C tty r to r N eS N fl p U C.) C 111CU co > 4) 4) C) 'a Mo C7 ✓ CL CCL 10 C), -0 u u m E Y Ul) r WLO Crt7 ci m N O) T� O .� C ¢> K o py r. 111 (D 'CC 4. H Com) p CD U) •' C1 fi�4 iLU O Ct} E W N N N m -V rr- v 0 r w r r r w T! 0 y 41 U> CL O 0 p C CCQ C m -rz O C C) = Cl w 7 Co t0 O � i e tll s A co a� ro U U - 0 {� 4) to at 7- >- to > o ca y� �d E O k Fes- Li c �t a) r a� tss to 0o er rn to M CLt ? O. co N � (D Itr N to YMNt- N co� V) mN Ut MCD "U Q M Cn WCCU CU C 3C CIL 0 Q cu C tll G z D (� CCJi o R to 2) E C CU p, O t? O) 0 {S3 � � Cc to t�� v� QUUc� w :20'oEi% n� v� I0-- _ Appendix c'! g t N CD � ' �! y 6~9 ef! 64 6Hr 6Ns 's � N iri � w U C C) C CO st) N Y y� N M [�3 N tL7 r- N r sf cf7 to K3 00 eh .0 C C c o C CJ LL� C C O Q OUl) O C7 O � E 10 � ol 10 N � � to O N O N COY) rte- t1C) h` tj V a' N N 0 6<j 6S. 6Nry � 6s NN4 6r9 d�9U. N co u tf) d 1- w C) 0 d 0 w m tLO e--- � y M cY) m N 0 r N r v LO in `C' .,r CO a C uy5 wyy O O C7 C 0 0 C 0 C'7 C) C? Cl co CTS CpLV C5 ,d d C I.C) N N r 1, M V) r C7 CtJ S N Nco � fes- e7 Cz N- N 6�t 4A 'Ff3' r N Y 6- CC 6.3, E9 tC C C4 t0 coo C) h- 0 C � 0 o w m N CTS C � m N in cn N CCI r N r cn 1f) LO 'd' .�,. � C: a1 ca C CD C7C7 C7 C7 C7 O C7 C3 C) C f4 p m C).C7 it) Cj In CD r d) CL� N C7 "�. Cd t^^� N C' N r h•. - _ .._ 07 eXy h- t5s ti) CV 7^ OJ 64 b4 64 69 6464 M3 6 69 64 6+3 64 64 69� VolN N C T tt3 u) C h- til C Et) t1? C� `�Y m C m 0 � N Com) N 4'� C7 N Cp r N r l+7 ll) tf) 'd' ,� p,,,. E G O O CD "' �' C> w c`v `q oc'su'sruNv�i- � cw 0) 0 �- o ° x c r r` � r rN t- 04c ai 64 64 69 144 64 60-> 64 64 a9 CL L tR Co y U t S C r cn C*) N Co - N r cn Lo [t) 4 � O W 'Q gy Cti U C Ln 0 dS .� O CA U') CD Cdi'� tdL)- IN CC7 O Q t�7 O ! C) O in r N ttl- P -- � N t�7 v 6,4 C� CS) - h It N � «� E `' y„ 64 64 64 64 64 to 69 s33' 64 y} 69 b9 64 6q. � 1S G• Li . a a) d CL U d ro c a) a) ev c «, tf} ll C) U 0 C) — � �} � it3 �y � l� c U7- vU o c au ,m'C 22 c o U .X C t7 is m tss C) tg = cu d Ull) d200CLCLCL0 F— Exhibit B PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY N 0 do dd C s d d d td�) O 0 0 0 8 tD 0 C v O Od CN c> c� co 0Cir`w NNr: NLtitc; 0)f. 0 (Dd �y �"t co tt) d h CD d us d d d d t <t ty tri t+Y N til N .- rd- LO CD tr c p cm Ci co to O Cm (o N O PV' to DD h,� N O N M to to r N h r r i`- N W t� tCiN e- iC 69 69 6'3 64 69 5f! 69 69 69 69 64 D ND M tD e- M M N tD co to ur) c3 d to th tr) ty IT t67 u7 ct CL CU c � pp r- N ddD N O Cd7 idCJ C) to d dd 4td7 U U O U*) CJ a 00 ` CA co N d tt tyy f- N N N M -: h. O CO 64 +64va, 69 64 669 G � 0 C Cl N C+d7 CD M M N co N r M U j co U-) 4d CN to C C C m C) 0 o Ln LO a o idn to0o U) o LUth C7 d CSa CD N Cs "t co P N C1t N CSt Y- P- N t- T T h`• N ICJ a tib 64 ,r t.Tl txJ CS• I.L 61 64 69 69 65p6% t" 64 69 69. 69 63 60e! 69 m C (... } D 'tt r tD 117 d h- tD d K) to dd toCL tt L O Je d d d d O d d d d d d d d d 0 w O a CNr) CIC (Q N "t 0 0 CD F, N N N CCS r N to N C rt N N i N W ttt7 r t7) cc co m y- fH 6Rr1 64 6-1 64 V-:� 63 b3 fR fF! 64 60. 64 699 (f) W tL L O N co tri d h- co d to to d d co N D an d M m N CD r N r th if7 in FCL N r LL .� O d d d d O d d d Q# 9 I to d 0 CD N d 0 d o Lod N 0 r d aQ 6 m r yN}. i � N 64 69 � 69 � u� r 0 0)., 61). 69 69 69 V� 64 69 b9 IJ_ • N r C j 4D) m tD '` M t+") N tD N r N 0 0 V N N C cu CL C _ o 0 NCL (DL �7 �•� U t? C? C7 = � t0 >37 :3M � cri ,r C C () �= " :2 C 0 w M = RESOLUTION NO. 03-52 APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK WHEREAS, a"STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK"(Stormwater Utility Area Agreement) delineating the,implementation of Stormwater Utility Assessments was entered into on July 1, 2003; and;, WHEREAS,the Stormwater Utility Area Agreement needs to be amended to terminate the prior Stormwater Utility Area Agreement. WHEREAS,the Stormwater Utility Area Agreement is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the parties previously entered into on November 2, 1999. NOW,THEREFORE THE CITY OF WALNUT CREEK.DOES RESOLVE AS FOLLOWS: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK" subject to City Attorney's approval. 2. Three(3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 16th day of December 2003, by the following called vote: AYES: Councilmembers: Hicks, Skrel, Rainey, Regalia, Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: None Isl Charlie Abrams Mayor of the City of Walnut Creek ..................I'll,................I....................................................................................................................I........................I........ ................................. Attest: Isl Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 16th day of December 2003. 4A4J�� Ci(y Clerk of the City of Walnut Creek ............ ... ..... FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK 1. PARTIES This FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DIST T AND THE CITY WALNUT CRE "FIRST AMENDMENT") entered into on the ► day of � ►� r , 20th` is between the City of Walnut Creek, a municipal corporation reinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK (hereinafter "AGREEMENT") entered into on the 1st day of July 2003. 3. AMENDMENT The AGREEMENT is amended by adding Section 14, which shall read as follows: 14. This AGREEMENT terminates and supercedes the Stormwater Utility Area Agreement between DISTRICT and CITY that the partiespreviously entered into on November 2, 1999. CONTRA COSTA COUNTY FLOOD CITY OF WALNUT CREEK CONTROL AND WATER Michael Parness CONSERVATION DISTRICT ti� By: By: C air, Board of Supervisors 4iia er ATTEST: ATTEST: John Sweeten, Clerk of the Board Barbara Rivara of Supervisors and County Administrator By: „t."_- Vf Deputy City Clerk ............................................................................ ... .................. Recommended for Approval: Recommended for Approval: Maurice Shlu Rachel Lenci Chief Engineer By: IZVA&�J By: City Engineer Form Approved: Reviewed by: Silvano B. Marchesi Thomas Haas County Counsel By: By: Deputy City Attorney ........................... EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIAB LO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA GLEAN WATER PROGRAM EXHIBIT "A'° AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION. DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT, AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE +DON'T RA COSTA CLEAN WATER PROGRAM The Agreement is made this 2S day of 02� , 2003, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three (3) agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD) and, East Bay Municipal Utility District (EBMUD). RECITALS WHEREAS, the County of Contra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued 'National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0b83313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting Stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, fiftteen (15) of the Cities, namely, Antioch, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Orinda, 'Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and.perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 2005. This agreement term is renewable bi-annually for additional two year terms until June 30, 2009 by District's Chief Engineer and Agencies' General Managers upon written approval by all Participating Municipalities. 2. Termination: Any of the three (3) Agencies may terminate its obligations under this Agreement, at its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, at its sole discretion, upon giving all Agencies and Participating Municipalities at least ninety (90) days written notice. Any Participating Municipality may terminate its participation in this Agreement, at its sole discretion, upon giving the District and the appropriate Agency at least ninety (90) days written notice. 3. Modification: This Agreement may be modified . by written mutual agreement of the parties. Participating Municipalities shall be notified in writing of any written modification to the Agreement. 4. Responsibilities of the Agencies: The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties to determine compliance with federal, state and local laws and regulations .related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and 'educational efforts . described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. Any Warning Notice or Notice of Violation issued by the Agencies shall be faxed to the appropriate Participating Municipality by the close of the business day following issuance (see Appendix B for fax numbers). (e) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies shall develop a standardized approach to recommending and documenting formal enforcement actions for recurring violations at an inspected location. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (f) To levy administrative penalties or fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (g) To keep records regarding inspections and investigations accomplished. The Agencies shall retain these records through the term of this agreement as evidence of Participating Municipality compliance with its NPDES Permit. These records shall become property of the Municipalities upon termination of this agreement. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities in a consistent manner (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District submitted with the quarterly invoices specified in Section 4(n) below. The final report of Page 4 ......................................................................................................................................................... ................................................................................................................. ... the Fiscal Year (fourth quarter) shall include a status report to each Participating Municipality of all Warning Notices, Notices of Violation, and enforcement activities initiated by the Agencies by business name. The final report shall also include a hard or electronic copy of the Agencies' databases of commercial/industrial facilities from their inspections lists grouped by Participating Municipality jurisdictions. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. (n) To provide quarterly invoices to the District for work performed under this Agreement. Due dates for each quarterly invoice of the fiscal year(s) under this agreement shall be as follows: First Quarter-October 15, Second Quarter-January 15, Third Quarter-April 15, and Fourth Quarter-July 15 of each fiscal year. (o) The Agencies shall provide to the District and Participating Municipalities updated -rosters and cellular phone numbers of inspectors with their assigned service area as needed. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to industrial and commercial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a stormwater permitting program, as appropriate. Page 5 ...........I...........I............11.1........I——...................... . ..................................... .......................................... ....... .................. (h) To make timely payments to the Agencies pursuant to billings for inspection activities costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities. (k) To proviae quarterly inspection activities and bud-get summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the inspection activities to the Inspection Activities Program Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by , the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies)to provide such legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the inspection activities and submit such invoices to the District no more frequently than monthly and no' less frequently than quarterly. District will pay such invoices within forty- five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. Page 6 (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an inspection activities budget, inn.luding individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities budget through the Program. Discussions for the annual budget shall begin in ,January prior to the fiscal year in question. The Agencies shall not exceed their approved written budgets, absent written consent of the Participating Municipality through the District. 8. insurance: During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty(30) days after the execution of this Agreement. Any change to self insured status by any Agency shall be reported to the District in writing within thirty (30) days of such change. 9. Indemnification: District shall indemnify, defend and ',hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, conse ntial damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in regulating agencies fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement, except that each Participating Municipality shall be solely liable for any fines resulting from NPDES Permit non- compliance. District shall obtain individual indemnification agreements from each Participating Municipality in the inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all Page 7 suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, active negligence or willful misconduct." 10. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313-2373 If to the Agencies collectively, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to CCCSD, to: Mr. Timothy Potter Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 (925) 229-7380 If to EBMUD, to: Mr. Bennet Horenstein East Bay Municipal Utility District 375 Eleventh Street, MS#702 Oakland, CA 84507-4240 510-287-1846 If to DDSD, to: Mr. Kerry Yoshitomi Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509-1373 (925) 756-1942 Page 8 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 9 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL CONTROL AND WATER C ERVATION UTILITY DISTRICT DISTRICT/ By: Its: L a n.> Its: General Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Silvan© B. Marchesi, County Counsel By: David F. Schmidt, Deputy County Counsel Aft/ ne Dated: f f D Dated: 1 CrNN[TAJRY R 'TRA COSTA PDA B NITATION DISTRICT ST ICT Its: General Manager Its: 0-c-n OG GftJ M V-P� K-&a j A-c-,erP— APPROVED T O APPROVED AS TO FORM: By: By: Attorney ttorney' bated: � Dated: 2 d Page 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. -- 4:00 .p.m. EBMUD 7:30 a.m. -- 4:00 .p.m. Delta Diablo 7:30 a.m. —4:00 .p.m. * Monday through Friday, excluding holidays G:1GrpData\NPDES\Illlicit Discharge control Activities\ Inspection Contrac 07 03\Exhibit A-Inspection Contract 07 03.doc Final:07/01/03 Page 11 .............................................................................................................................................................................. ... ....... ................................................ Appendix B Central Contra Costa Sanitary District 99d A-- ------------------------- 5019 Imhoff Place,Martinez,Ca 94553 (925)228-9500 wwwcentralsan.oig i FAX: (925)228-4624 CHAnZS W—HAM GeneralManager KENTON L.ALM Counselfor the E*trict (510)808-2000 JOYCE E.MURPHY Secretary of the District September 8, 2003 Joshua Bradt Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 Dear Mr. Bradt: CCCSD WAGE RATES FOR BILLABLE TIME UNDER CWP INSPECTION SERVICES CONTRACT Per your request, the following wages are for Central Contra Costa Sanitary District (District) Source Control staff responsible for providing services under the CWP Inspection Services Contract and the overhead multiplier rate that was provided to you earlier: Name Wagelhour Tim Potter $43.53 Steve Linsley $32.54 Beverly Lescure $32.54 Kiley Kinnon $32.54 Ernesto Rodriguez $28.87 Jeff Skinner $26.26 Colleen Henry $25.04 Taha Nassar $25.04 Overhead multiplier for all billable time beginning in Fiscal Year 2003/04 is 1.35 As we disoussed,:the' above Wagb rates apply to the Source Control staff at the current time and doesnot reflect the merit increases the staff will receive and any cost of living adjustments authorized through the labor contracts. The wages that will be charged for services provided under the contract will continue to be adjusted to reflect the District's actual cost of labor for providing the services under the contract. 1ASource Contro112003\JBradtCCCWPLtr.doc Recycled Paper ..................................................................... . ...................... Appendix B Mr. Joshua Bradt September 8, 2003 Page 2 Please let me know if you need any further information on this subject as you proceed with the contract renewal process. I look forward to continuing to work with you and your staff as we proceed with this valuable partnership in the water quality protection field. Please call me at (925) 229-7380 if you have any questions about the invoice or the reported information. Sincerely, Timothy Potter Source Control Program Superintendent TP:sb cc: Curt Swanson 1ASource ControI12D03\JBradtCCCWPLtr.doc ........................ .............. ........ • Appendix E Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIGHWAY,ANTIOCH,CA 94509-1373 TEL.: (925)756-1900 ADMIN.FAX: (925)756-1961 MAINT.FAX: (925)756-1963 OPER.FAX: (925)756-1962 TECH.SVCS. FAX: (925)756-1960 August 28, 2003 Joshua Bradt Watershed Management Planning Specialist Contza Costa Clean Water Program 255 Glacier .Drive Martinez, CA 94533 SUBJECT: UPDATE/RATE SHEETS Plus Plus Hourly Rate Fringe External Hourly Rate &Non-Prod Overhead TOTAL Brothers 34.3729 600 20.6237 120% 41.2475 $ 96.24 Crain 47.3802 60% 28.4281 120% 56.8562 $ 132.66 Kobayashi 37.9413 60% 22.7648 120% 45.5296 $ 106.24 Z d by: 4 Gozza Finance Supervisor (925) 756-1924 UAWORD\DATAlMisc\Lab RAtes for KY 8-28-03-2.doc Appendix B ' EASTBAY MUNICIPAL UTILITY DISTRICT DAVID R.WILLIAMS DIRECTOR OF WASTEWATER September 2, 2003 Mr. Joshua Bradt Watershed Management Planning Specialist Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553-4897 Dear Josh, Re: EBMUD STORMWATER INSPECTION RATES FOR CCCWP This is the information you requested for EBMUD stormwater inspection rates for the Contra Costa Clean.Water Program: Inspector H Salary; $33.02 per hour Overhead, 131% of hourly rate: $43.25 per hour Total cost per hour: $76.27 EBB UD overhead includes benefits, administration and clerical support, vehicle maintenance, and all other costs typically addressed as "overhead.." Please let me know if you need additional information. Re ds, WJ:� GAY'L TUPPER Supervising Wastewater Control Representative WANA.S\1DS1Stormwaterlkates Setter 9.2.03.doc P.O.80X24435. OAKLAND. CA 94623.1053 . 15101 .237-1405 RegyLIM i1Gn Appendix C POTW COMMERCIAL/INDUSTRIAL STORMWWATER INSPECTION CONTACT SHEET FOR. PARTICIPATING MUNICIPALITIES (FY2003-2000 Agency Address Phone/Facsimile/E-Mail Representative City of Antioch P.O. Box 5007 (925)779-7000,x 2014 Phil Hoffineister Shipping Address: Antioch,CA 94531-5007 (925)779-7034 (Fax) Administrative Analyst 3`d &H Street Phoffineister( ci.antioch.ca.us Antioch, CA 94509 City of Clayton 6000 Heritage Trail (925)673-7308 Laura Hoffineister Clayton,CA 94517 (925)672-4917 (Fax) Assistant to City Manager Lhoffmeister(6cl.clavton.ca.us City of Concord 1455 Gasoline Alley (925)671-3394 Jeff Roubal Concord, CA 94519 (925)680-1660(Fax) Clean Water Program ieffr .ci.concord.ca.us Manager Town of Danville 510 La Gonda Way (925)314-3342 Christine McCann Danville,CA 94526 (925)838.0360(Fax) Senior Planner cmccann@ci.danville.ca.us City of El Cerrito 10890 San Paulo Avenue (510)215-4367 Bruce King El Cerrito,CA 94530 (510)233-5401 (Fax) Maintenance&Engineering bklnaa,ci.ei-cerrito.ca.us Services Manager City of Lafayette City of Lafayette (925)934-3908 Gonna Feehan Public Works Services (925)934-3662(Fax) Public Works Services 3001 Camino Diablo dfeehan ci.lafavette.ca.us Management Assistant Lafayette,CA 94549 City of Martinez 525 Henrietta Street (925)372-3568 Bddmond Alberto Martinez,CA 94553 (925)372-0257(Fax) Jr-. Engineer ealberto af�.cityofmartinez.om Town of Moraga 2500 Donald Drive (877)235-0653(Toll free) Bob Dunn Moraga, CA (925)260-6130(Cell) Moraga Town Engineer (916)676-1071(Fax) bdunn(dir)2a.corn City of Oakley P.O. Box 6 (925)625-7003 Jason.Vogan . Shipping Address: Oakley,CA 94569 (925)625-9194(Fax) City Engineer 3633 Main Street voganQci.oaklev.ca.us Oakley, CA 94561 City of Orinda P.O. Box 2000 (925)253-1997 Maya Rappaport Shipping Address: Orinda,CA 94563 (925)253-1993 (Fax) Stormwater Program 14 Altarinda Road mavaraooacomcast.net Manager Orinda, CA 94563 City of Pinole 2131 Pear Street (510)724-9037 Nancy Voisey Pinole,CA 94564-1774 (510)724-4921(Fax) Development Analyst nvoisey cz ci.pinole.ca.us City of Pittsburg 65 Civic Avenue (925)252-4122 Ken Streio Pittsburg, CA 94565 (925)252-4814(Fax) Associate Planner kstreioCa�cl.plttsburg.ca.us i Appendix POTW COMMERCIAL/INDUSTRIAL STORMWATER INSPECTION CONTACT SHEET FOR PARTICIPATING MUNICIPALITIES (FY2003-2004) Aaency Address Phone/Facsimile]E-Mail Representative City of Pleasant Hili 100 Gregory Lane (925)671-5261 Todd Teachout Pleasant Hill, CA 94523 (925)676-1125(Fax) Senior Civil Engineer (510)772-0451 (cell phone) tteachou#of 7ci.oleasant-hill.ca.us City of San Ramon P.O. Box 5148 (925)973-2686 Roderick Wui Shipping Address; San Ramon,CA 94583 (925)866-6173 (Fax) Associate Engineer 3180 Crow Canyon Place nau-cl.san-ramon.ca.us Suite 140 San Ramon, CA 94583 City of Walnut Creek P.O. Box 8039 (925)256-3511 Rinta Perkins 1666 North Main (925)256-3500(Fax) ,Assistant Engineer/ Walnut Creek, CA 94596 yerkins r{ ci.walnut-creek.ca.us NPDES Coordinator Contra Costa Clean 255 Glacier Drive (925)313-2373 Donald P. Freitas Water Program Martinez, CA 94553 (925)313-2301 (Fax) Program Manager dfreitasOpw.co.contra-costa.ca.us 925-313-2000 (925)313-,2164 Joshua Bradt (925)313-2301 (Fax) Watershed Management lbradtltr>pw.co.contra-costa.ca.us Planning Specialist 2 { Appendix D i7 m � o y et C37 CTs h. C W Gyi y N CC3 r N e- CO m tii Ct7 tl) m U1 0 � CN o O CO � fL in � a CY CU sA C5 M r Ci N C�1 C�7 co st co N �Cri L'� `C" CO to � �.-j t 0 .0 .� CM E co 2 Lcc Ci C�w7 N CCV CV 07 CO Cf) CV C ? 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