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HomeMy WebLinkAboutMINUTES - 03072007 - C.23 TO: BOARD OF SUPERVISORS AS GOVERNING Contra BOARD OF THE FLOOD CONTROL & WATER " \ CONSERVATION DISTRICT g = E< Costa c. FROM: MAURICE M. SHIU, CHIEF ENGINEER 0 y •� coons DATE: March 6, 2007 SUBJECT: APPROVE Second Contract Amendment With The Central Contra Costa Sanitary District, The Delta Diablo Sanitary District, And The East Bay Municipal Utility District To Extend The Tennination Date Of The Contract From June 30, 2007 To June 30, 2009, Countywide. (Cities And County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7614 SPE.CII-IC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract amendment with Central Contra Costa Sanitary District, Delta Diablo Sanitation District, and East Bay Municipal Utility District, effective March 1, 2007, to extend the termination date of the contract from June 30, 2007 to June 30, 2009, with no change in payment limit, for municipal inspection and illicit discharge control activities in the following sixteen Contra Costa Clean Water Program members: Antioch, Clayton, Concord, Danville, EI Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon, and Walnut Creek (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7614 _CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMmr TEE APPROVE OTHER _SIGNATURE(S): ACTION OF BOA / /may APPROVED AS RECOMMENDED _� OTIIER 'VOTE OF SUI'IRVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERI-D ON _ UNANIMOUS(ABSENT V77(, ) MINUTES OF THE: BOARD OI; SUPERVISORS ON '11-1E AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Don I-'reitas(925)313-2373 Ivl M;kh G:\NI'DIS\BO Res ContractsAgmt1CCCSD Inspection Programll:xt Amend ATTESTED 01_07\130 3_6_07 Rev 2.doc JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS CC: C AO County Counsel PW Accounting BY: ,DEPUTY SUBJECT: APPROVE Second Contract Amendment With The Central Contra Costa Sanitary District, The Delta Diablo Sanitary District, And The East Bay Municipal Utility District To Extend The Termination Date Of The Contract From June 30,2007 To June 30,2009,Countywide. (Cities And County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7614 DATE: March 6, 2007 PAGE: 2 Fiscal Impact: No fiscal impact. Reasons for Recommendations and Background: The Central Contra Costa Sanitary District,the Delta Diablo Sanitary District,and the East Bay Municipal Utility District provide municipal inspection and illicit discharge control activities as part of the implementation of the Contra Costa Clean Water Program's Stormwater Management Plan. Consequences of Negative Action: If the contract with Central Contra Costa Sanitary District,the Delta Diablo.Sanitary District,and the East Bay Municipal Utility District is not extended the Contra Costa Clean Water Program and its entities will be in non-compliance with the National Pollutant Discharge Elimination System(NPDES)Permit issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Potentially, fines totaling $10,000 per day and $10 per gallon of stormwater discharge for all affected entities could be imposed. SECOND AMENDMENT 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 1. EFFECTIVE DATE AND PARTIES Effective January 1, 2007, the Contra Costa County Flood Control and Water Conservation District, a California special district (District), and the following three (3) agencies (Agencies): the Central Contra Costa Sanitary District, a California sanitary district (CCCSD), the Delta Diablo Sanitation District, a California sanitation district (DDSD), and the East Bay Municipal Utility District, a California municipal utility district (EBMUD), mutually agree as follows: 2. PURPOSE Effective July 1, 2003, the parties entered into a written contract entitled "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 EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM" (referred to as the "Agreement"), which covered inspection activities and illicit discharge control activities, as part of the implementation of the Contra Costa Clean Water Program's Stormwater Management Plan. The Agreement has been previously amended once. Pursuant to Section 1 of the Agreement, the parties wish to amend the Agreement to renew the term for an additional two-year period. Additionally, the parties wish to amend the agreement to add the City of Hercules to the list of Participating Municipalities. 3. AMENDMENTS TO AGREEMENT In the Agreement, Section 1, change the expiration date from June 30, 2007 to June 30, 2009. In the Agreement, 'WHEREAS, fifteen (15) of the Cities" shall be changed to "WHEREAS, sixteen (16) of the Cities", and "Hercules" shall be inserted after "El Cerrito". G:\NPDES\BO—Res—Contra6ts_Agmt\CCCSD Inspection Program\Ext.Amend 07_05\Ext.Amend 2.DOC 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. SIGNATURES These signatures attest the parties' agreement hereto: CONTRA COSTA COUNTY FLOOD DELTA DIABLO SANITATION CONTROL AND WATER DISTRICT CONSERVATION DISTRIC By. By: ignature) (signature Name: MAUA(t; SN t� _ Name: Garyw. Darling Its: Chief Engineer Its: General Manager FORM APPROVED: FORM APPROVED: Silvano B. Marchesi, County Counsel By: By: CN 1 s I J• )2istrict Counsel Deputy County Counse CENTRAL CONTRA COSTA EAST BAY MUNICIPAL UTILITY SANITARY DISTRICT DISTRICT By: gz L By: (signatur (signature) Name: 'J644,A P. )Le l Name: Deh• #-, Its: General Manager Its: General Manager FORM APPRO , ED: FORM APPROVED: 1 " By: By: District Counsel Distri t Counsel 2 G:\NPDES\BO_Res_Contracts_Agmt\CCCSD Inspection Program\Ext Amend 07_05\Ext.Amend 2.DOC