HomeMy WebLinkAboutMINUTES - 04242007 - C.50 TO: BOARD OF SUPERVISORS Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: April 24, 2007 0 -- - County
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SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract on behalf of
counties participating in the "Keep the Delta Clean" Program with Tonya Redfield in the amount of
$137,600, to act as an independent contractor, responsible for general oversight and direction of the
program, for Phase II of the "Keep the Delta Clean" Program, for the period beginning April 17, 2007
through April 17,2008,East County area. (Nonpoint Source Pollution Control Program,Proposition 40,
2005-06 Consolidated Grants Program Funding) (District III &V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a contract on behalf of counties
participating in the"Keep the Delta Clean"(KDC)Program with Tonya Redfield in the amount of$137,600,to act
as an independent contractor,responsible for general oversight and direction of the program and program team,for
Phase II of the KDC Program,for the period beginning April 17,2007 through April 17,2008,unincorporated East
County area (the Sacramento-San Joaquin Delta). The KDC Program consists of the City of Stockton and
Sacramento, San Joaquin,Solano,and Yolo Counties.(Nonpoint Source Pollution Control Program,Proposition 40,
2005-06 Consolidated Grants Program Funding) (District III&V)
_CONTINUED ON ATTACHMENT: ❑x SIGNATUR;��������
_ RECOMMENDATION OF COUNTY ADMINISTRATOR R i MENDATIO F BOARD CO ITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
i
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
�[ COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOE DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Rich Lierly(925)313-2348
DJ:cw .�
G:\FldCtl\Board Orders 2005 Onward\2007 BO\T Redfield Contract BO 4-24-07.doc ATTESTED AV P,
7014N CULLEN,CLERK OY THE BOARM OF
SUPERVISORS
cc: Public Works
Greg Connaughton,Flood Control
Rich Lierly,Flood Control
BY: ,DEPUTY
. C ' 51-0 41xq(97
SLIBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract on
behalf of counties participating in the"Keep the Delta Clean"Program with Tonya Redfield in the
amount of$137,600, to act as an independent contractor, responsible for general oversight and
direction of the program, for Phase II of the "Keep the Delta Clean" Program, for the period
beginning April 17, 2007 through April 17, 2008, East County area. (Nonpoint Source Pollution
Control Program,Proposition 40,2005-06 Consolidated Grants Program Funding)(District III&V)
DATE: April 24, 2007
PAGE: 2 of 3
FISCAL IMPACT:
No fiscal impact to the general fund. All costs associated with the Program Director will be paid with Proposition
40 Grant Funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In 2001,the Contra Costa County Watershed Program(CWP),a division of the Public Works Department and lead
agency for the KDC Program, acknowledged the immediate need to enhance and protect the Delta's water quality
fi•om nonpoint source (NPS)pollution. The primary mission of the CWP is to focus on reducing and eliminating
potential sources of NPS pollution for the preservation and protection of both human and environmental health. In a
world of constrained budgets,increasing awareness about the importance of environmental resources protection and
the emerging need to meet mounting environmental regulations, the CWP began to explore what was being done
within Contra Costa County(County) to address all of these concerns.
There are a variety of potential sources of NPS pollution within Contra Costa's Delta region, including urban
stormwater and agricultural runoff, the rapid development of land adjacent to the Delta(construction operations),
large animal management(equestrian facilities and livestock ranching),water-based recreation(recreational boating,
marina operations,and water-based recreation),and waterfront residency(housing developments built on the Delta's
banks and levies). In a review of CWP programs, it was determined that programs/efforts were already under
development or in the process of being implemented to address each of the NPS pollution sources mentioned above
except for that of water-based recreation and residency. Because the number of residents living on the water in the
Delta is relatively small when compared with the larger boating industry in the area,it was determined that the CWP
would focus its efforts on the boating industry. It was assumed that waterfront residents would likely own boats and
so would be indirect recipients of the CWP's outreach efforts.
In addition to considering potential sources of NPS pollution in the Delta,the CWP evaluated the Delta's beneficial
uses and the characteristics of the local boating industry in order to better understand the needs of boaters and impact
a boating program could have on their behavior. The County is home to approximately 19%of California's 880,000
registered boaters. The Delta has over 150 marinas, 57 of which are in Contra Costa alone, and more than 170,400
registered boaters living in its surrounding counties(Alameda,Contra Costa,Sacramento,San Joaquin,Solano,and
Yolo). Additionally,some of the fastest growing suburban areas in California are adjacent to the Delta and expected
to bring thousands of new boaters in the coming years.
The need for a clean boating program was identified and County staff then developed a proposal for the KDC
Program in 2002.The purpose of the KDC Program would be to protect and sustain the Delta's beneficial resources
by reducing the cumulative impacts of NPS pollution that may be caused by marina operations and recreational
boating.
The proposal was submitted to the State Water Resources Control Board (SWRCB) and later funded in 2003
($965,000, Costa-Machado Water Act of 2000, Proposition 13, Grant Funding).
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract on
behalf of counties participating in the"Keep the Delta Clean"Program with Tonya Redfield in the
amount of$137,600, to act as an independent contractor, responsible for general oversight and
direction of the program, for Phase II of the "Keep the Delta Clean" Program, for the period
beginning April 17, 2007 through April 17, 2008, East County area. (Nonpoint Source Pollution
Control Program,Proposition 40,2005-06 Consolidated Grants Program Funding)(District III&V)
DATE: April 24, 2007
PAGE: 3 of 3
The KDC was championed by the County and was a pilot project that demonstrated the effectiveness of marina-
based pollution prevention infrastructure and boater education. The KDC Program drew much attention to the
County's commitment to be at the forefront of NPS issues through an innovative program. This in turn garnered
respect and attention from other Counties that share the Delta (Sacramento, San Joaquin, Solano, and Yolo).
Through the extensive network of partnerships and the value demonstrated through the program,the County gained
the exposure it needed to form an alliance between the other four Delta Counties.
A. second phase of the KDC began to emerge through this alliance. In early 2006, the KDC partners, including
representatives from the City of Stockton and Sacramento, San Joaquin, Solano, and Yolo Counties, developed a
grant proposal,with the County as the logical lead agency,to expand the existing program model from its previous
geographic restriction(Contra Costa) to the entire Delta region.
The competitive grant proposal was awarded $1.6 million in Proposition 40 funds by the SWRCB on December
1, 2006. The grant funds would provide the resources for additional pollution prevention infrastructure, an
expanded education campaign, and a program team to implement Phase II, more formally known as the
Sacramento—San Joaquin Delta Watersheds' Boating Program(DBP). The DBP represents Phase II of the
County's KDC Program and will expand the Program throughout the surrounding Delta counties (Sacramento,
San Joaquin, Solano, and Yolo). This multi jurisdictional approach will unify a diverse group of Delta
stakeholders to integrate regional efforts that prevent NPS pollution in order to protect beneficial uses (drinking
water, agricultural irrigation waters, recreation, and preservation of wildlife habitat).
Phase II will be governed by the five Delta Counties through a Joint Executive Powers Agreement. The Program
Team, including Tonya Redfield, will be composed of consultants acting under the aegis of this regional group of
counties, and will guide the major decisions and direction of the Program. The Program Team will look to the
regional group as a supervisory entity in their day-to-day work. The County will remain the lead agency for the
purpose of processing reports, invoices, and other administrative duties, most of which will be covered by grant
funding. Phase II is due to begin retroactively to December 1, 2006, which will leave only 17 short months to
implement the program in its entirety.
"The purpose of this contract is to hire Tonya Redfield as an independent contractor to assist with the implementation
.of Phase II of the Program. Ms.Redfield possesses all the qualifications necessary to accomplish the tasks outlined
in the attached Long Form Contract, Scope of Services.
CONSEQUENCES OF NEGATIVE ACTION:
Contra Costa County Public Works Department will be unable to implement the grant program without an
experienced individual who can successfully implement this comprehensive pollution prevention campaign that will
work to protect the Delta's water resources and further the County's efforts to comply with the provisions set forth
in its National Pollutant Discharge Elimination System Permit with the SWRCB. If this task is not successfully met,
it could result in the inability to successfully meet the provisions of the SWRCB Grant Agreement with the County,
in turn forfeiting a large portion of the $1.6 million in grant funding awarded to the County.
Contra Costa County STANDARD CONTRACT Number C. sb
Standard Form L4 (Purchase of Services-Long Form) Fund/Org# 7517
Revised 2002 Account # 67264
Other #
1. Contract Identification.
Department: Contra Costa County Public Works Department
Subject: Contra Costa County Marina Grant Program, Phase II Implementation
2. Parties. The County of Contra Costa, California(County),for its Department named above,and the following
named Contractor mutually agree and promise as follows:
Contractor: Tonya Redfield
Capacity: Self-employed Individual
Address: 282 Moulton Street, San Francisco, CA 94123
3.. Term. The effective date of this Contract is April 17, 2007. It terminates on April 17, 2008 unless sooner
terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 137,600.00.
5. County's Obligations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions
(if any) attached hereto, which are incorporated herein by reference.
8. Proiect. This Contract implements in whole or in part the following described Project, the application and
approval documents of which are incorporated herein by reference:
Contra Costa County Marina Grant Program, Phase II Implementation
L-1 (Page 1 of 2)
Contra Costa County STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services - Long Form)
Revised 2002
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
Government Code Section 31000
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By By
Chairman esignce Deputy
CONTRACTOR
Name of business e7* ,,, Name of business entity
By i �, B
urelk individu b,or officer) y
(Signature of individual or officer)
(Print nami and title A, if applicable)
(Print name and title B, if applicable)
Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the
president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations
Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
L-1 (Page 2 of 2)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form .L-2 (Purchase of Services - Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By: By:
G D gnee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
insert name and title of the officer); personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(.Civil Code§1139)
L-2 ( Page 1 of 1)
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On April 5, 2007, before me, LISA A. DALZIEL, Notary Public, personally appeared
TONYA REDFIELD personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
-------------------------------
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WITNESS my hand and official seal.
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col 19 1690724 !
Notary kjW-Ca#kXW
Contra Cato C=* i
! My Comm.Expires Sep 28.2010 i _
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JS' ne of Notary Public
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Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis Contracts -Long and Short Form)
Revised 2002
1. Pavment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions, County will pay Contractor the following fee as full compensation for all services. work,
expenses or costs provided or incurred by Contractor:
[Check one alternative only.]
❑ a. $ monthly, or
® b. $85.00 per unit, as defined in the Service Plan, or
❑ c. $ after completion of all obligations and conditions herein.
❑ d. Other:
2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 in
the manner and form prescribed by County. Contractor shall submit said demands for payment no later than
30 days from the end of the month in which the contract services upon which such demand is based were
actually rendered. Upon approval of payment demands by the head of the County Department for which this
Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment
Amounts) above.
3. Penaltv for Late Submission. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to,and/or complying
with any audit exceptions by appropriate county, state or federal audit agencies resulting from its
performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of
County's obligation,if any,to the state and/or federal government resulting from any audit exceptions,to the
extent such are attributable to Contractor's failure to perform properly any of its obligations under this
Contract.
Initials: Aif
Contractor County Dept.
Form P-1 (Page 1 of 1)
Service Plan
Contract with Tonya Redfield
Contractor's Role:
The Contactor,Tonya Redfield,will be responsible fbr fulfilling the following tasks and objectives in accordance with the
program deliverable schedule set forth in the Grant Agreement established between the Slate Water Resources Control
Board(SWRCB)and Contra Costa County.The Agreement between the SWRCB and Contra Costa County is APPENDIX
A attached hereto and incorporated by this reference.The Contractor's named tasks,objectives,deliverable schedule,and
Contractors specific role in the Program are subject to change upon approval by State Water Rcsources Control Board
(SWRC13)Grant Manager and/or the Contra Costa County Watershed Program Manager.
Contractor will perform oversight and direction of the Program and will supervise the Program Team(other independent
contractors),various subcontractors,student interns and other program partners as needed and in collaboration with the
Contra Costa County Watershed Program Manager.
Contractor will report directly to the Contra Costa County Watershed Program Manager and will act as liason between the
County and SWRCB.
Tasks:
Contractor will perlorm the following tasks in accordance with the schedule and the approximate number of hours as
settbrth below. A set ol'subtasks and associated deadlines may be established atter the contact is executed and in
partnership with the Program Team consisting of other independent contractors.
Tasks *Estimated
Hour for
Schedule Completion
I.Project Team and Technical Advisory Committee
1.1 Establish a Project Team by forming a partnership between Contra Costa County,San.loaquin Department of Public Works, April 07& 270
Solano County Resources Department,City of Stockton.Sacramento County Environmental Management Department,a6d Yolo On-going
County Planning,Resources.and Public Works Department to form a Sacramento-San Joaquin Delta Watersheds Boating
Program(1.)1311). The DBP is also known as the"Contra Costa County Marina and Recreational Boating Program and Phase 11 of
the"keep the Delta Clean"Program.
1.2 Enter into a Formal Agreement between the DBI'Partner agencies(Joint Exercise of Powers Agreement[JI'AI). The draft.IPA Apr-07 SO
shall be due to the SWRCB Grant Manager sixty(60)days prior to the scheduled adoption date of April 20,2007,for review and
continents. The draft shall include a schedule for completion and adoption of the.IPA by the DBP Partner agencies.
1.3 Istablish a Technical Advisory Committee(TAC)comprised of cooperating entities including municipal water aeencies.marina- April 07& IN
industry representatives,local marina operators.State agencies,and non-profit groups. The TAC will assist with the design. On-going
implementation and on-going adaptive management strategics.
1.5 Attend and assist in facilitation as needed of quarterly'['AC meetings. April 07 R 27
On-going
2.Pollutant Load Reduction
2.2 Will oversee and provide guidance Im the development,in collaboration with the Program'['earn),of a comprehensive Regional April 07 and
Pollution Prevention Campaign that will unify existing efforts,promote newly installed environmental services and improve clean On-going
boating practices throughout the Delta counties(Contra Costa;Sacramento,San Joaquin,Sulano and Yolo). She will report
directly to the Contra Costa County Stornnvater Program Manager and will look to the DBI'Working Group(composed of
representatives from each of the DBP Partners)as a supervisory entity who will guide her major tasks and objectives.
a.Oversee the development ofa comprehensive Promotional Strategy that will carefully delegate responsibilities among the D131' Apr-07 40
Partners;identily critical task and subtasks,formulate contingency plans;and incorporate timelines to maximize efficiency and
exposure for environmental services and clean boating practices in the Delta Region.
c.Oversee and assist with the design,distribution and posting of signage at marinas to promote environmental service usage(i.e. May-07 45
sewage pump-out stations;oil,filter,used oil bottle and oil absorbents recycling;marine battery recycling;fishing line recycling;
pct waste station usage;recycling participation)and clean boating practices.
c.Oversee and assist with the distribution a minimum of twenty thousand(20,0(10)Recreational Boater Kits throughout the Delta May-07 160
(oil absorbent pillow;Recreational Boater Map,safe and clean boating information;useful promotional items with boating
campaign message,fish consumption recommendations;and information about prevention of invasive species spread).
(.Oversee the development and administration ofa Marina Operator Survey to update the Delta Map and to identify if a Marina May-07 40
Recognition Program exists. Data from this survey will also be used to develop the Pollution Prevention Measurement Model.
g.Oversee the revision and reprinting of minimum oftwenty five thousand(25.000)maps titled"Sacramento-San Joaquin Della May-07 120
Map for Recreational Boating.(Della Map). Twenty thousand(20,000 maps)will be placed in boater kits. The remaining five
thousand(5,000)will be distributed individually. The updated version will include more Delta marinas,new environmental
services,oil recycling centers;certified used oil collection centers;important marina characteristics,mobile boat-to-boat services
and handicap accessibility.
h.Oversee the development of an extensive website that will feature all aspects of the DBI'including program information and May-07 90
goals,clean boating and marina operation links(providing pollution prevention strategies),downloadable versions of all outreach
materials;an electronic version of the Sacramento-San Joaquin Delta Map for Recreational Boaters,spill response information,
contacts for the Project Team,and frequently asked questions.
j.Oversee and assist with facilitating volunteer Dockwalkers training sessions. Dockwalkers are volunteers who promote May-07 120
environmental services,invasive species prevention/reduction,and the importance of the Delta's many beneficial uses.
Dockwalkers will distribute boater kits in the Delta Counties and administer the Recreational Boater Survey.
k.Attend up to ten(10)local events(i.e..boat shows,ski/wakeboard competitions,fishing tournaments,safe boating clinics.and May-07 70
local community festivals)to administer the Recreational Boater Sunny,distribute Boater Kits,promote newly installed
envirtnuncnial services,and encourage adoption of clean boating practices.
1.Oversee and assist with the development of clean boating theme posters to distribute.to Project area marinas.bunt yards,marine May-07 40
supply stores;and to be posted in Informational Kiosks to promote environmental services and clean boating practices. "]'here will
be six(6)different theme posters that will be strategically distributed according to the intonnation that is appropriate for boating
seasonality(i.e.,Winter:responsible fishing practices:Spring:Dock\vniker volunteer recruiting,clean boat maintenance;Sumner:
safe fueling practices,sewage pump out usage Pall:prevent marine debris).
2.3 Assist in providing technical assistance to marinas in acquiring resources and intbrmatiou needed to install effective 40
environmental services and adoption ofclean marina policies based on lessons learned at the Contra Costa County's"Keep the
Delta Clean"Program's marina demonstration sites.
a.Assist with the development,promotion and facilitation of a Marina Operator Workshop Series(hold a minimum of three 13] On-going and 30
workshops pet year)to encourage installation of environmental services.deliver trends in clean operation,provide information on as directed
funding opportunities,and ensure compliance with water regulations.
4.Pollution Prevention Measurement
4.1 Oversee and provide guidance for the development and testing ofa measurement tool(Pollution Prevention Measurement Model), April 07 and
that will track pollution prevention attributed to the new environmental services and boater outreach. "]his work began under the on-going as-
Phase One"Keep the Delta Clean"program funded by a Proposition 13 grant. The working Pollution Prevention Measurement needed
Model shall be submitted with the Draft and Final Project Reports:
4.2 Oversee and assist with the development and administration ofa Delta Recreational Boater Survey consistent with the surveys April 07 and 30
developed under the Phase()lie Proposition 13 grant program.The survey is intended to continue to understand boater behavior, on-going as-
eflectivencss of pollution prevention efforts,usage of newly installed environmental services;and to identify gaps in other needed
emerging Delta issues. This survey will be designed to target boaters snore extensively in the regions of the Della where new
environmental services will be installed by expanding into San.loaquin.Sacramento.Solano,and Yolo Counties.
i.Local(rapacity Building R Ne(working
5.1' Oversee the facilitation and networking among diverse stakeholders to exchange information,collaborate on regional programs, April 07& 30
improve pollution prevention efforts and ensure sustained DBP success. On-going
5.2 Attend quarterly meetings of the California Clean Boating Network's(CCBN)Delta Chapter. Distribute the group's publication April 07& 36
called the"Changing Tides"(marinas,yacht clubs;marine supply stores,bait shops.CCBN members. Contractor will alo attend On-going
all CCBN meetings
6.Other Unspecified Tasks
6.1 Provide guidance to the Program Team for other unspecified tasks as directed by the SWRCB Grant Manager. These tasks are April 07& 38
currently unspecified due to the unknown variables and circumstances that may,be encountered during the implementation of this On-going
unique program. These tasks will be discussed with contractor and justified as an integral part of the Program.
7.(Reporting
7.1 Prepare quarterly progress reports to the State)Fater Resources Control Board's(SWRCB)Grant Manager. The report is due on April 07& 146
the twentieth(20'x)of the month following the end of the calendar quarter(Iviarch.June,September,and December). quarterly
thercaller
Total Contractor Hours: 1.560
•The hours utalined abort•represent estimates. the program is multifaceted and constanitly changing as nese developments and
challenges present themselves. thus.the Contactor will not be held to the specific hams estimated for each task;instead the
Contactor mucr pe{Jnrm all tasks without exceeding 1,560 hours.
Contractor's Schedule:
No formal schedule will be established for the Contractor as this individual will act independently in completion of the
Service plan,under the supervision of the Contra Costa County Watershed Program Manager. The Contractor will however
work,on average(however not required as long as the total hours worked do not exceed the total contact atnount),
approximately 30 hours per week. The Contractor will attend,in-person and as appropriate,weekly staff meetings„as they
toe essential to keep the Programs Team aligned and working in close collaboration. A meeting schedule will be established
by the Program Director based on all Team Member's availability acid will be held either in San Francisco or Martinez,CA
(meeting sites will alternate). Contractor will also be available for special evening and weekend events or meetings as
needed. Contractor will be available to County and Program Team members as needed and will respond to written or verbal
voice requests or inquiries swilhin 2 business days of inquiry.
Payment Provisions:
Contractor shall be compensated Ibr time spent on completing the tasks listed within the Service 131an at an hourly rate of
$85 per hour,not to exceed a total amount of$132,600 within the term of the contract. Although the hours arc budgeted
based on an average of 30 hours per week;contactor may,work according to their own schedule as long as their total hours
worked do not exceed L560.
$85/hr x 1560 hrs=$132,600(average of 30 hours per%week for 52 weeks)
In addition to the above hourly rate,which includes all normal overhead and incidental expenses.Contractor will be
reimbursed only for the Following special personal expenses that are associated with the implementation of lite tasks listed
within the Service Plan all(]that are approved in advance by the Contra Costa County Watershed Program Manager:
meeting materials,event supplies,miscellaneous Program outreach or implementation materials,and any other items
specifically approved by the Contra Costa County Watershed Program(Manager. Such reimbursement shall not exceed a
total amount of$5:000 during the contract term.
Including both time and personal reimbursement.the total contact amount sliall not exceed$137,000.
Appe•y'�div A
FORSTATETONLY
�1jl !]C,S EGISTRAION NO,
2005-2006 CONSOLIDATED GRANTS - PROPOSITION 40 NONPOiNT SOURCE POLLUTION
CONTROL PROGAM
GRANT AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter.called"State"or"State Water Board
AND
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT,hereinafter called"Grantee"
Sacramento-San Joaquin Delta Watersheds Boating Program, hereinafter called"Project°
AGREEMENT.NO.06-175-555-0
State and Grantee hereby agree as follows:
PROVISION(S).The.following provisions)authorize the State Water Board to enter into this type of Grant Agreement:
PRC§§5096.650,30935(x)(Pr 40 Nonpoint Source.Pollution Control)
PURPOSE. State shall provide.a grant to and for the benefit of Grantee for the purpose of reducing.the cumulative impacts
of nonpoint source (NPS) pollution and improve public access to marina-based.environmental services and
measure their effectiveness in preventing pollution.
GRANT'AmouNT. The maximum amount payable under this Agreement shall not exceed$1,650,061.00. Global Positioning
System(GPS)locations for any monitoring must be.identified for this Project prior to any disbursements.
TERM oP AGREEMENT. The term of the Agreement shall begin on DECEMBER 1, 2006 and-continue .through Project
completion plus twenty three (23) years unless otherwise terminated. or amended :as provided in the Agreement.
HOWEVER, ALL WORK SHALL BE COMPLETED BY SEPTEMBER 1,. 2008. ABSOLUTELY-NO
FUNDS MAYBE REQUESTED AFTER OCTOBER 1, 2008.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be:
State Water Board Grantee:.Contra Costa County Public Works
Department
Name: Dan Little, Grant Manager Name: Greg Connau hton, Project Director
Address: . 11020 Sun Center Drive.#200 Address: 255 Glacier Drive
Ci ,Zip: Rancho Cordova, CA 95670. Citv,Zip: Martinez,CA 94553 .
Phone: 916 4644706 - Phone: 925 313-2271
Fax: (916)464-4780 Fax: 925 313-2333
e-mail: d'littlena waterboards.ca. ov e-mail: UconnQpw.cc2gLj1tLuLs
Direct all inquiries to:
State Water Board Grantee: Contra Costa County Public Works
De artment
Section: Division of Financial Assistance Section:
Attention: Carmen Rios, Program Analyst Name: Dan Jordan, Grant Contact
Address: 1001 "i"Street, 16th.Floor Address: 255 Glacier Drive
City,Zip., Sacramento,CA .95814 City,Zip: Martinez, CA 94553
Phone: 916 341-5659 Phone: 925 313-2023
Fax: 916 341-5296 Fax: 925 313-2333
e-mail: cdos waterboards.ca.00v e-mail: diordQpw.g2gqqQtyM
Either party may change its Project Representative upon written notice to the other-party.
Contra Costa County Public Works Department-
State
epartmentState Water Board Grant Agreement No. 06-175-555-0
Page 2 of 22
STANDARD PROVISIONS.The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK
Exhibit B INVOICING,BUDGET DETAIL AND REPORTING PROVISIONS
Exhibit C GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit D. SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit E TRAVEL AND PER DIEM EXPENSES
GRANTEE REPRESENTATIONS. The Grantee- accepts and agrees to comply with all terms, provisions, conditions, and-
commitments of this Agreement, including..all .incorporated documents, and to fulfill all assurances;, declarations,
representations, and commitments made by the Grantee'in its application, accompanying documents, and communications
filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to
comply with all applicable laws,policies and:regulations.
IN.WITNESS THEREOF,the parties have executed this Agreement on the dates set forth below.
By: Sy: Us'r
GTiinfee Signature _ Estebao Almanza, Deputy Director'
State Water Resources Control Board;
Division of Administrative Services
Grantee Type PredNa—� Date
'L )ez// `L ,✓ -
Titl nd,Da Reviewed by.
Office of Chief Counsel
LSC/ b. Date:
i
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 3 of 22
EXHIBIT A
SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. In order for the State and Regional Water Quality Control Board(Regional Water Board)staff to verify
work was adequately performed.or conducted, GPS information for project site and,monitoring locations
must be identified for this Project prior to any disbursements. Submittal requirements for GPS data are
available at http://wwmi.waterb6ards.ca.goy/funding/granti6fo.htm).
2. The Grantee shall prepare and implement a Project`Assessrnent and Evaluation Plan(PAEP)to detail the
methods of measuring Project benefits and reporting them in accordance with a PAEP..Many projects
include multiple activities that will require measurement of several parameters to evaluate Project..:
performance. All implementation projects that propose pollution load and/or concentration reductions
must report such reductions annually. Use.the 319(h)Non Point Source-Pollution Reduction Project
Follow=up'Survey Form found at http://www.waterb6ards.ca..oi/funding/do6s/grantinfo/319h pollution survey.xls
or a similar format to report annual load reductions.. Projects protecting, restoring or creating streams,
shorelines, or wetlands, must report an annual accounting of the acres of wetlands restoredand created,
feet of stream.bank and-shoreline protected and feet of stream channel stabilized. Grantee shall not
implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by
the Grant Manager. Guidance.for preparing the PAEP is available at
http://www.waterboards.ca:gov/funding/i)aep.html..
3. If environmental:water quality monitoring(chemical, physical,or biological)is undertaken,the Grantee
shall prepare, maintain, and implement a Monitoring Plan(MP). The MP shall include, but is not limited
to,a description of the monitoring objectives,.types of constituents to be monitored,,and the sampling
location frequency/schedule for the monitoring.activities. The MP will include the schedule for.submittal
of monitoring reports, The Grantee shall be prohibited from implementing any sampling or monitoring
activities prior to approval of the MP by the Grant Manager. No monitoring may occur prior to MP
approval. Any changes to the MP must be submitted.to the Grant Manager for review and a.decision.
regarding approval prior to implementation.
4. If an MP is prepared, the Grantee shall also prepare, maintain,and implement a Quality.Assurance
Project Plan(QAPP) in accordance with the State Water Board's Surface Water Ambient Monitoring.
Program's(SWAMP)QAPP and data reporting requirements,and the USEPA QAPP,EPA AQ/R5,3/01..
Water quality monitoring.data includes physical, chemical, and biological monitoring of anysurface water.
Electronic submittal of data collected in accordance with SWAMP shall be.required: The.QAPP shall.be
submitted to the State or Regional Water Board's Quality Assurance (QA)Officer for review and a
decision regarding approval prior to the Grantee implementing any sampling or monitoring activities. No
monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and . .
not supported by the approved QAPP will not be reimbursed. Guidance for preparing the.QAPP is
available at http://www.waterboards.c6. oq v/swamp/g6pp.htmi.
5: All projects are required to comply with the California Environmental Quality Act(CEQA), Work on the
Project cannot begin until the State Water.Board has reviewed the CEQA documentation submitted by
the Grantee and given environmental clearance. If the work.is.conducted on federal land,the Grantee
must also comply with the National Environmental Policy Act.(NEPA)..
6. If landowner agreements are required,signed:copies must be submitted to.the Grant Manager before
works begins.
7. If.permits are required,the permits must be obtained and signed copies submitted to the Grant Manager
before work begins.
B State Disclosure Requirements—Include the following disclosure statement in any.document, written
report,or brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in full:or in part through an.agreement with the State Water.
Resources Control Board. The contents of this docurnent.do not necessarily reflect the views and .
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 4 of 22
policies of the State Water Resources Control Board, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use." (Gov. Code 7550,40 CFR 31.20).
Signage shall be posted in a prominent location at Project site(if applicable)and shall include the State .
Water Board logo(available from the Program Analyst)and the following disclosure statement:
"Funding for this project has been provided in full or in part through an.agreement with the State Water
Resources Control Board."
B. WORK TO BE PERFORMED BY GRANTEE
1. Project'Team and Technical Advisory Committee
1.1. Establish a Project Team byforming a partnership between the Grantee,San Joaquin
Department of Public Works, Solano County Resources Department,City of Stockton,
Sacramento County Environmental Management Department,and Yob County'Planning,
Resources,and Public Works.Department to form a Sacramento-San Joaquin Delta Watersheds.:
Boating Program(DBP).
1.2 Enter into a Formal Agreement between the DBP Partner agencies (Joint Exercise of Powers
Agreement[JPA]). The draft JPA shall be due,to the Grant Manager sixty(60)days prior to the
scheduled adoption date of April 20,2007,for review and comments. The draft shall include a
schedule for completion and adoption of the JPA by the:DSP Partner agencies.
1.3. Establish a Technical Advisory Committee(TAG)comprised of cooperating entities including
municipal water agencies,marina-industry representatives, local marina operators,State
agencies, and non-profit groups. The TAG will assist.with the design, implementation and on-
going adaptive management strategies.
1.4 Invite selected groups/agencies to designate a representative for the TAC by drafting and
sending an invjtation letter.
1.5 Hold quarterly TAC meetings or as needed to review technical products.and Project progress.
2. Pollutant Load Reduction
2.1 Reduce the discharge of pollutants to the Delta from the cumulative impacts of NPS pollution that
may be associated with recreational boating,body-contact recreation and marina operations by
Improving.public access to free environmental services.at Delta.marinas to prevent pollution and
increase proper disposal of hazardous wastes by boaters;marina visitors and local residents.
DBP Partners will sustain these services for the next twenty(20)years, or for the life of the
equipment. The following work shall be conducted in the Project area(San Joaquin, Sacramento,
Solan,and/or,Yolo Counties):
a. Install a minimum of three(3).new,marina-based Oil Recycling Centers to collect used oil,oil
filters, marine batteries, oil absorbents and.empty.oil bottles.from the boaters and local
residents.
b. Install a minimum of ten (10)new oil absorbent exchange centers throughout the Delta to
distribute free oil absorbent bilge pillows and sheets to boaters: Used absorbents can then
be returned to the center for recycling.
c. Install a minimum of fifty(50)pet waste station along levees and throughout the Delta
region.
d. Install a minimum of thirteen(13)fishing line recycling centers throughout the Delta region to
reduce marine.debris pollution and wildlife entanglement.
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State Water Board Grant Agreement No. 06-175-555-0
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e. Install a minimum of fifty(50)recycling bins at marina launch ramps and docks to reduce
marine debris.
f. Submit description and photo documentation for items 2.1 (a)through(e)to the Grant
Manager.
g. Establish service contracts for.the collection and recycling of used oil,oil filters,marine
batteries, oil absorbents and empty oil bottles.
h. Create pollution prevention tracking forms to monitor and record pollution prevention.
attributed to collection.of used oil,oil filters,marine batteries, oil absorbents, empty oil bottles
and marine debris(fishing line recycling).
1. Provide hazardous materials and spill response training for marina staff that are responsible
for maintaining the newly installed'Oil Recycling and Oil Absorbent Exchange.Centers. `
2.2 Create a comprehensive Regional Pollution Prevention Campaign that:will unify existing efforts;
promote newly installed environmental services and improve clean boating practices throughout
the Delta Counties(Contra Costa,Sacramento,San Joaquin, Solano and Yolo).
a. Develop'a comprehensive Promotional Strategy that will carefully delegate.responsibilities
among the DBP Partners,identify critical task and subtasks,formulate contingency plans,
and incorporate timelines to maximize efficiency and exposure for environmental services
and dean boating practices in the Delta Region. .
b.. Create a Press Kit that will be distributed to mixed media (boating publication ads,websites,
and newspapers)to promote and advertise environmental services,
c... Design,distribute and post signage at marinas to promote environmental service usage(Le.
sewage pump-out stations;oil,filter, used oil bottle and oil absorbents-recycling; marine.
battery recycling;fishing line recyciing;.pet waste station usage; recycling participation)and
clean boating practices:
d. Install a minimum of ten (10) Informational Kiosks at marina launch ramps to strategically
target transient boaters(the majority of boaters who visit the.Delta on peak=use days).in order .
to promote environmental.services and clean boating practices. Submit description and
photo documentation to the Grant Manager.
e. Compile and distribute a minimum of twenty thousand(20,000)Recreational Boater Kits
throughout the Delta.(oil absorbent pillow, Recreational.Boater Map,safe and clean.boating.
information, useful promotional items with boating campaign message,fish consumption
recommendations, and information about prevention of invasive species spread).
f. Conduct a Marina Operator Survey to update'the Delta Map and to identify if a Marina
Recognition Program would be well received by Delta marina operators: Data from this
survey will also be used to develop the Pollution Prevention Measurement Model.
g. Update and reprint a minimum of twenty five thousand (25,000)maps titled"Sacramento-San
Joaquin Delta Map for Recreational Boating. Twenty thousand(20,000 maps)will be placed
` in boater kits. The remaining five thousand(5,000)will be distributed individually. The
Updated.version will include more Delta marinas, new environmental services,oil recycling
centers,certified used oil collection.centers,.important marina characteristics,mobile.boat-to-
boat services and handicap accessibility.
h. Create an extensive website that will feature all aspects of the DBP including program .
information and goals,clean boatingand marina operation links.(providing pollution
prevention.strategies),dowriloadable versions of all outreach materials; and electronic
version of the Sacramento-San Joaquin Delta Map for.Recreational Boaters,spill response
information, contacts for the Project Team, and frequently asked questions.
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State Water Board Grant Agreement No.06=175-555-0
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L Expand and update Marina and Certified used Oil Collection Center databases,Earth
911.org and 1=800-CLEANUP systems.
j. Conduct a minimum of six(6)trainings to recruit volunteer Dockwalkers(minimum of fifty[50]
new)who will promote environmental services, invasive species prevention/reduction,and
the importance of the Delta's many beneficial uses. Dockwalkers will distribute boater kits in.
the Delta Counties and administer the Recreational Boater Survey. ,
k. Set up a two (2)year schedule for Program Coordinators and Dockwalkers to attend a
minimum of ten (10)local events (i.e.,boat shows, skilwakeboard competitions,fishing
tournaments, safe boating clinics; and local community festivals)to administer the
Recreational.Boater Survey,distribute Boater Kits,promote newly installed enVironmental .
services,and encourage adoption of clean boating practices.
I. Design and print clean boating theme posters to.distribute to Project area marinas,boat
yards, marine supply stores, and to be posted.in Informational Kiosks to.promote
environmental services and clean boating.practices. There will be six(6)different theme
posters that will be strategically distributed according to the information that-is appropriate for .
boating seasonality.(i.e.,Winter: responsible fishing practices; Spring: Dockwalker.volunteer.
recruiting, clean boat maintenance;Summer:safe fueling practices, sewage pump out usage
Fall:prevent marine debris)..
2.3 Provide technical assistance to marinas in acquiring resources and information needed to install "
effective environmental services and adoption of clean marina.policies based on lessons learned
at the Contra Costa County's"Keep the Delta Clean" Program's marina demonstration sites. .
a. Conduct a Marina Operator Workshop Series (hold a minimum of three[3]workshops per
year)to encourage installation of environmental services, deliver trends in clean operation,
provide information on funding opportunities;and ensure compliance with water regulations.
b. Provide administrative grant writing support to assist with local agency capacity building and
to acquire needed funding for local agencies, marine law enforcement and cooperating
entities to assist with the acquisition of grant funds(such as the Abandoned Vessel Grant
funding provided by.the Department of Boating and Waterways),to facilitate the removal.of
abandoned and sinking vessels that contain hazardous materials(motor fluids,fuel,PCBs,
pathogens, etc.).
c. Maintain existing Delta Oil Recycling Centers and Oil Absorbent Exchange Centers.
3. Water Quality Monitoring
3.1 Collect baseline water quality data, in accordance with the MP and the QAPP. :New data will
compliment data already collected by the Contra Costa County"Keep the Delta Clean"Program.
The Program's goal is to understand.the persistence of potential pollution sources such as
pathogens,hydrocarbons,and marine debris resulting from recreational boating. If applicable,
the data collected will be provided to the appropriate agencies for integration into statewide
monitoring efforts. .
4. Pollution Prevention Measurement
4.1 Finalize the development of,and test a measurement tool(Pollution Prevention Measurement
Model), that will track.pollution prevention attributed to the new environmental services.and
boater outreach. This work began under the Phase One"Keep.the Delta Clean"program funded
by a Proposition 13 grant. The working Pollution Prevention Measurement Model shall be
submitted with the Draft and Final Project Reports.
4.2 Develop and administer a Delta Recreational Boater Survey consistent with the surveys
developed under the Phase One Proposition 13 grant program to continue to understand boater .
behavior, effectiveness of pollution prevention efforts, usage of newly installed environmental ..
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services, and to identify gaps in other emerging Delta issues. This survey will be designed to
target boaters more extensively in the regions of the Delta where new environmental services will
be installed by expanding into San Joaquin, Sacramento, Solano,and Yolo Counties.
4.3 Create a Summary Report that will include.the strategies and outcomes to the program's pollution
prevention measurement efforts.
5. Local Capacity Building&Networking
5.1 Facilitate networking among diverse stakeholders to exchange information, collaborate on
regional programs, improve pollution.prevention efforts and ensure sustained DBP success.
5.2 Partner with.the Department of Boating and Waterways and the California Coastal.Commission's
Boating Clean and Green Campaign to facilitate quarterly meetings of the California Clean
Boating Network's(CCBN}Delta Chapter and distribute the.group's publication called the.
"Changing Tides" (marinas,yacht clubs,marine supply stores, bait shops, CCBN members) .
IMl
Contra Costa County Public Works Department
State Water Board Grant Agreement No.06-175-555-0
Page S of 22:
TABLE OF ITEMS FOR REVIEW
Itern DESCRIPTION CRITICAL_ DUE ESTIMATED DUE
DATE DATE
EXHIBIT"A—SCOPE OF WORK
.A. PLANS AND COMPLIANCE REQUIREMENTS
1. GPS information for Project site and monitoring locations. Day 90
2. Project Assessment Evaluation Plan (PAEP) Day 30
2. Non Point Source Pollution Reduction.Project Follow-up Annually
Survey Form
3. Monitoring Plan(MP) Day 90
3. Monitoring Reports Quarterly
4. Quality Assurance Project Plan (QAPP) Day 90
5. Copy of final CEQA/NEPA Documentation March 2007 .
6... Land.Owner Agreement(s) Quarterly as needed
7. Applicable Permits Quarterlyas needed
B. WORK TO BE PERFORMED BY.GRANTEE
1. Project Team(PA)and Technical Advisory Committee(TAC) .
1.1. List of PA members January 2007
1.2. . Draft JPA February 2007..
1.2 Copy of fully executed.formal agreement April 2007
1.3 List of TAC members January 2007
1.5 Copy of agendas,attendees, handout materials,and minutes Quarterly
2. Pollutant Load Reduction
2:1 (f) Description and.photo documentation Quarterly
2:1 (g) Copy of service contract Quarterly
2.1 (h) Copy of tracking sheet Quarterly
2.1.(i) Copy of training materials Quarterly.
2.2(a) Copy of promotional strategy Quarterly
2.2(b) Press kit Quarterly
2.2 (c) Post signage language Quarterly
2.2.(d) Informational Kiosks description and photo documentation. Quarterly
22(e). . Recreational Boater Kit. Quarterly
2.2(f). Copy of Marina Operator Survey Quarterly
2.2 (g) Delta map Quarterly
2.2 (h) Progress reporting on website and final product Quarterly .
2.20) Copy of Dockwalker training materials Quarterly
2.2(k) Copy of schedule for Program Coordinators and Quarterly i
Dockwalkers
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Item DESCRIPTION CRITICAL DUE ESTIMATED DUE
DATE DATE
EXHIBIT A—SCOPE OF WORK
2.2(l) Copy of theme posters Quarterly
2.3(a) Copy of agenda, attendees, handout materials,and minutes Quarterly
3. . Water Quality Monitoring
3.1 WQM data and results January 2008
4. Pollution Prevention Measurement
4.1 Pollution Prevention Measurement Model January'2008
4.2 Copy of Delta Recreational Boater Survey Quarterly
4.3 . Summary report January 2008
5.:. Local Capacity Building and Networking
5.1 Notices and list of attendees, material,and minutes. Quarterly
5.2 Copy of"Changing Tides"publications Quarterly
EXHIBIT B—INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS.
A. . INVOICING Quarterly
E. REPORTS
1. Grant Summary Form. Day 90.
2. Progress Reports by the twentieth(20"')of the month Quarterly
following the end of.the calendar quarter(March,June,
September,and December)
3. Natural Resource Projects Inventory(NRPI)Project Survey Before final
Form invoice
4. Draft Project ReportJuly 1,2008
5. Final Project Report �— August 1, 2008
SI
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State Water Board Grant Agreement No. 06-175-555-0
Page 10 of 22 ....
EXHIBIT B
INVOICING,.BUDGET DETAIL AND REPORTING PROVISIONS .
A. INVOICING
.1: Invoices shall be submitted using the invoice template provided by the State Water.Board. The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in
Section E.2 of this exhibit. The address for submittal is:.
Dan Little, Grant Manager.
Regional.Water Quality Control Board
11020 Sun Center.Drive,#200
Rancho Cordova, CA 95670
2. . Invoices submitted in any.other.format than the one provided by the State Water Board will cause an.
invoice to be disputed. In the event of an Invoice dispute,the State Water Board's Grant.Manager will
notify the Grantee by initiating an"Invoice Dispute Notification"form. Payment will not be.made until:the.
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon.
deposit of the.payment,properly addressed; postage prepaid; in the United States mail. The State Water.
Board Grant Manager has the responsibility for approving invoices.
3. . Supporting documentation (e.g.,receipts) must be submitted with each invoice to request reimbursement
for.grant funds as well as to support matching funds invoiced.. The amount claimed for the.Personnel
Services line item and Professional and Consultant Services line item must include a calculation formula
(i.e.hours or days.worked times the hourly or daily rate=total amourit claimed). Invoice payment shall
be made only after receipt of a complete,adequately supported, properly.documented and.accurately
addressed invoice.
4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been
paid by or is due and payable by the Grantee: Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by
the Grantee shall be paid to contractors and vendors Within thirty(30)days from receipt of the funds. In
the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty.(30)days
from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board.
Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to
the State Water Board. If the Grantee held such funds in interest-bearing accounts, any interest earned
on the funds shall also be due to the State Water Board.
5. Notwithstanding any other provision bf this Agreement, no disbursement shall be.required at any time or
in any manner which is in violation of, or in conflict with;federal or state laws, rules,or regulations, or.
which may require any rebates to.the Federal Government,or any loss of tax-free status on state bonds,
pursuant to any Federal statute or regulation.
6. Notwithstanding any other provision of this Agreement,the Grantee agrees that the State Water Board
may retain an amount equal to ten percent(10%)of the grant amount specified.In this Agreement until .
completion of the Project to the.reasonable satisfaction of the State Water Board. Any retained amounts
due.to the Grantee will be promptly disbursed to the Grantee,without interest, upon completion of the
Project.
.7: . The invoice shall contain the following information:
a. The date of the invoice;
b. The time period covered by the invoice, i.e., the term"from"and"to";
c. The total amount due;and
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d. Original signature and date(in ink)of Grantee or its authorized representative.
e: Final invoice shall be clearly marked'FINAL INVOICE"and submitted NO LATER THAN
October 1,2008.
B. BUDGET CONTINGENCY CLAUSE
The maximum amount td be encumbered•under this Agreement for the 2006-07 fiscal year ending .
June 30,2007 shall not exceed one million six hundred fifty thousand sixty one dollars and no cents.
($1;650,061.00). . .
If the Budget Act of the current year and/or any subsequent years covered under this.Agreement does not,
appropriate sufficient funds for the program,this Agreement shall be of no force and effect. This provision
Shall be construed as a condition precedent to the obligation of the,State Water Board to make any payments
under this Agreement. In this event;the State shall have no liability to pay any funds whatsoever to Grantee
or to fumish any other,considerations under this Agreement.and Grantee shall not be obligated to perform any,
provisions of this Agreement. Nothing in this Agreementshallbe construed to provide the Grantee with a
right of priority for payment over any other Grantee.
If_funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State
shall have the option to either cancel this Agreement with no liability occurring to the State;oroffer an.
Agreement amendment to Grantee to reflect the reduced amount.
C: .LINE ITEM BUDGET
PROP 40 MATCH TOTAL
Personnel Services $76,500 $18,500. .$95,000
Classification Hours Wage/Hour
Administration/Accounting 1000 $90
Environmental Service Specialist 100. $30.
Hazardous Materials-Specialist 25 $80
Operating Expenses(Prorated for Project) $
Includes:(less than$5,000 per item):
Office supplies, postage;telephones,printing,paper,. $406,761 $45,515 $452,276.
promotional and public outreach supplies,dockwaiker
supplies,oil recycling and oil absorbent center supplies. .
Boater Kit supplies(20,000), Dockwalker.Event(including
5,000.maps), Fishing Line Recycling Centers(13), .
Informational Kiosks(10), and Pet Waste Stations(50)
Equipment($5,000 or more,per item). $27;000 $-0- $27,000
Oil recycling Center Sheds (3.@$9,000)
Professional and Consultant Services $1,1.27,800 $493,207 $1,621,007
Program.Administration Manager; Program Implementation
Manager;Program Outreach &Marketing Manager;San
Joaquin County Staff;Contra:Costa Water District
Environmental Scien'fist&Chemist for Monitoring Plan,
QAPP,and PAEP; Statistician; Graphic Designer;Web
Designer;Certified Boat Captain&Operator;Commercial .
Support Services;.Moving Service Provider; Storage Facility
Rental; Hazardous Materials CaNection'Services; Hazardous
Materials Technical Assistance
Construction(Contracted Services) $12,000 $-0- $12;000
Contractor for Concrete Foundations and Fork Lift Rental..
and Operator
TOTAL $1,650,061 $557,222 . $2,207,283
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State Water Board Grant Agreement No. 06-175-555-0 ,
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D. BUDGET LINE ITEM FLEXIBILITY
1. Line Item Adjustment(s): Subject to the prior review and approval of the State Water Board's Grant
Manager, adjustments between existing line item(s)may be used to defray allowable direct costs up to.
fifteen.percent(15%) of the total grant amount including any amendment(s)thereto. Line item
adjustments in excess of fifteen percent(15%)shall require.a formal Agreement amendment..
2. Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s)followed with.revised
change(s)in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment and are not permissible under this provision. The State
Water Board may also propose adjustments to the budget. .
3: Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement, any remaining funds revert to the State.The State.Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the project file is closed,.the final
invoice is being processed for payment,and any remaining balance will be disencumbered and .
unavailable for further use under the Grant Agreement.
E. REPORTS
1, GRANT SUMMARY FORM. Grantee shall complete a one(1)page Grant Summary Form
http://www.waterboards.ca.gov/funding/docs/arantinfo/grantsum.doc within three(3)months.of the
Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the .
Program Analyst for State Water Board website posting.
2. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant .
Manager by the twentieth (20"')of the monthfollowing the end of the calendar quarter(March,June,
September, and December).
a. The progress reports shall provide a brief description of the.work performed, accomplishments during
the quarter, milestones achieved, monitoring results(if applicable), and any problems encountered in
the performance of the work under this Agreement. Grantee shall document all contractor activities
and expenditures in progress reports. •
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
3. NRPI SURVEY FORM. At the completion of this Project,the Grantee shall complete and submit
electronically a Natural Resource Project Inventory(NRPI)Project Survey Form found at
http://www.ice.ucdaV!s.edu/nrpi. A hard copy.shall be submitted to the Program Analyst prior to final
payment.
4. DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager a,draft Project Report for review
.and comment that includes and addresses the following.narrative sections and items.Additional
requirements are listed in Exhibit D.
a. A summary of the Project,describing Project purpose,scope and goals, activities completed,
i techniques used and partners involved:
b. A report of all monitoring and management practices or management measures implemented,
together with their corresponding locations. The report shall.be in a format that enables the Grant
Manager to find the.physical location of each implemented practice or measure and/or monitoring
event in a quick and efficient manner: Acceptable formats include, but are not limited to:
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• Map of locations—The map of practices or measures implemented shall consist of dots
placed on a USGS 7.5-minute quadrangle map at the implementation location. Lead lines
shall be.connected to a text box description of the practice or:measure. The dots shall have
a small enough diameter to enable the Grant Manager to locate the measure or.practice
within a 50-foot radius.
• Project coding system—The project coding system shall explain the coding used to describe
each implementedpractice or measure and include.a reference to the corresponding GPS
location(s).
c:. Describe Project performance,including benefits, successes.and shortcomings, consistent with the
PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As
appropriate, include 1)behavioral results such as the amount of management practices or measures
implemented,2)estimates.or measurements of the amount of pollutants prevented from reaching
surface or ground water,3)documented changes in water quality based on monitoring, and 4)
improved or protected beneficial uses.
d. Identify lessons teamed in carrying out the Project. Describe what worked and what did not work,
and how similar efforts could be utilized within the Project area, as well as in other watersheds.
e. Describe the extent of outreach that has been conducted and if there are plans to further promote the
results of the Project to achieve additional implementation.
f. Describe the Project's funding. Include the projected cost and actual cost of.the Project, how much of
the grant funds were spent,and how much funding.was:put into the Project from other sources.
Identify funding sources that have been "leveraged"by the Project and plans for funding future
activities.
g. Identify planned or potential follow-up activities, such as any additional steps necessary to achieve
the water quality objectives,Total Maximum Daily.Loads(TMDL)or local watershed plans. .
h. Include appropriate photos and graphics.
i. A list of items submitted as outlined in the Table of Items for Review.
j. Any additional information that is deemed appropriate by the Project Director or Grant Manager.
5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses, to the extent feasible,
comments made by the Grant Manager on the draft final Project Report. Submit one(1)reproducible
master, two(2)copies, and an electronic copy of the final.
6. The Grantee agrees to expeditiously provide, during work on the Project and.throughout the term of this
Agreement, such reports,data, information,and certifications that may be reasonably required bythe State
Water.Board..
F. PAYMENT OF.PROJECT COSTS
The.Grantee agrees that it will provide for payment of its.full share of Project costs and that all costs . .
connected with the Project will be paid by the Grantee on a.timely basis.
G. AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
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State Water Board Grant Agreement No. 06-175-555-0 .
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EXHIBIT C
GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless: made in
writing, signed by the parties and approved as required.No oral understandingor agreement not incorporated
in the Agreement is binding on any of the parties:
2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State.
Water Board.
3. ASSIGNMENT: This grant is not assignable by the Grantee,either in whole or in part, without the consent.of
the State Water Board.
4:. AUDIT: Grantee agrees.that the awarding department, the Bureau of.State Audits, or their designated. .
representative shall have the .right to review and -to copy any records and supporting documentation
pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible
audit for a minimum of twenty-three (23)years after.final payment, unless a longer period of records retention
is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to such, records.
Further, Grantee agrees to include a similar.right of.the State to audit records and interview staff in any
contract related to performance of this Agreement.
5. BONDING: Where contractors are used, Grantee shallnot authorize construction to begin until each.such .
contractor has furnished a performance bond in favor of.the Grantee :in the following.amounts: faithful
performance (100%)of contract value; labor and materials(100%).of contract value. This requirement shall .
not apply to any contract for less than $20,000.00.
6. CALFED PROGRAM CONSISTENCY. If this Project assists in meeting any of the CALFED Bay.-Delta
Program Goals, this Project shall be consistent with the CALFED Programmatic Record of Decision and must.
be implemented,to.the maximum extent possible,through local and regional programs.
7. CEQA/NEPA:
a, No work that is subject to.the California.Environmental Quality Act (CEQA) or National Environmental.
Policy Act (NEPA) may proceed under this. Agreement until.documents that satisfy the CEQA/NEPA
process are received by the Grant Manager and the State Water Board..has given environmental
clearance.. No work that is subject to an Environmental Impact Report or a Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the State Water Board's
Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a
condition precedent to any work for which it required.
b. If this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all of the impacts of the
modification and any mitigation, environmental.enhancement, ,and environmental benefit resulting.from
the Project, and whether, on balance,any environmental enhancement or benefit equals or exceeds any
negative environmental impacts of the Project.
8. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and state laws, rules,
guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the
extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement,or the useful life of the Project,whichever is longer.
9. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for:the acquisition,operation or
maintenance of computer software in violation of copyright laws. .
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State Water Board Grant Agreement No. 06-175=555=01
Page 15 of 22 .
10. CONFLICT OF INTEREST. ..Grantee certifies that it is in compliance With .applicable.state and/or federal
conflict of interest laws.
11. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that,,except
as:provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the:
Project or any significant part or portion thereof during.the useful life of the Project.without.prior written
approval of the Division. Such approval maybe conditioned as determined to be appropriate by the.Division,
including a condition requiring repayment of.all or any portion of all.remaining grant Project funds covered by
this Agreement together with accrued interest and any penalty assessments which may be due.
12. DAMAGES FOR BREACH AFFECTING TAX.EXEMPT STATUS: In the event that any breach of any of the
provisions of this Agreement by the Grantee shall result in the.loss of-tax exempt status for any state bonds,
or if such breach shall result in an obligation on the part of the.State to reimburse.the federal government by
reason of any arbitrage profits, the Grantee shall immediately reimburse the state in.an amount equal to any
damages paid by or loss incurred by the state due to suchbreach. .
13. DATA MANAGEMENT. This Project includes appropriate data management activities so that.Project data
can be incorporated into appropriate statewide data systems.
1.4. DISPUTES; Grantee shall continue with the responsibilities under this Agreement during any dispute. Any.
dispute arising under this Agreement which is not otherwise disposed of byagreement shall be decided by
the Deputy.Director of the Division, or his or her authorized representative. The decision:shall be reduced to
writing and a.copy thereof furnished to the Grantee. and to the.State Water Board's Executive Director.The
decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of
the Division decision to the Grantee,the Grantee mails or otherwise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director
shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or.not supported by
substantial evidence. In connection with any appeal under this. clause, the Grantee shall be afforded an
opportunity t6-be heard and to offer evidence in support of its appeal. Pending final decision of a dispute.
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and
requirements of this Agreement. This clause does not preclude consideration of legal questions,.provided .
that nothing herein shall be construed.to make final the decision of the State Water Board., or any official or
representative thereof,on any question of law.
15. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee:agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of.grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of statelaw or this
Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
16. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
V. GRANT.MODIFICATIONS:.The State Water Board may,at any time,without notice to any sureties,by written
order-designated or indicated to be a "grant modification", make any change in Exhibit A, for the work tobe
performed under this Agreement so long as the modified work is within the general scope of work called for by
this Agreement, including but not limited to changes in the specifications or in the method,.manner.,or-time of
performance of work. If the Grantee intends to dispute the change, the Grantee must, within ten (10)days,
after receipt of a written "grant modification", submit to the State Water Board a written statement setting forth
the.disagreement with the change.
18. .INCOME RESTRICTIONS: The Grantee agrees. that any refunds; rebates, credits, or other amounts .
(including any.interest thereon)accruing.to or received by the Grantee under this Agreement shall.be paid.by
the Grantee to the State; to the extent that they are properly allocable to costs for which the Grantee has
been reimbursed by the State under this Agreement.
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State Water Board Grant Agreement No. 06-1757555-0 .
Page 16'of 22
19. INDEPENDENT ACTOR: The Grantee, and its agents and employees,;if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
Board.
20. INSPECTION: Throughout the life of the Project, the State Water Board shall have the.right to:inspect the
Project area to ascertain compliance with this Agreement. Grantee acknowledges that the Project records
and location are public records.
21. INSURANCE: Throughout the life of the Project, the Grantee shall provide and maintain.insurance against
fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to
this Agreement, if any. This insurance shall be issued.by a.company or companies admitted to transact
business in the State of California. The insurance policy shall:contain an endorsement specifying:that the
policy will not be cancelled or reduced in coverage without thirty days'prior written notice to the State Water
Board. In the event of any damage to or destruction of the Projector any larger system of which it apart,.
the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or
destroyed parts of the Project or its.larger system. The Grantee shall begin such reconstruction, repair, or
replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in
connection with such reconstruction,;repair or replacement so that the same shall be completed and the
larger system shall be free of all claims and liens.
22: NONDISCRIMINATION: During the performance of this Agreement, the Grantee and its contractors.shall not
unlawfully. discriminate against, harass; or allow harassment against .any employee or applicant for
employment because of sex, race,.religion, color; national origin,. ancestry, disability, sexual orientation,
medical .condition, marital status,. age (over 40) or denial of family-care leave, medical-care leave, or
pregnancy-disability leave. The Grantee and its contractors shall ensure that.the evaluation and treatment:of.
their employees and applicants for employment are free of such discrimination.and harassment.
23. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
to,any third party as a beneficiary of this grant Agreement,or of any duty,covenant, obligation or undertaking
established herein.
24. NOTICE:
a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring,
demonstration, or other implementation activities such that State Water Board and/or Regional Water
Board staff may observe and document such activities.
b. .The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect
the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial .
change in the scope of the Project will be undertaken until.written notice of the proposed. change has
been,provided to the.State Water Board, and the State Water Board has given written approval for such
change.
c. The Grantee shall notify the State Water Board at least ten (10)working days prior to any public or media
event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for
attendance and participation by State Water Board's representatives.
d. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project.
e. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major
construction work on the Project where such cessation of work is expected to or does extend for a period
of thirty(30)days or more and of any circumstance, combination of circumstances, or condition,which.is
expected to or does delay completion of construction for a period of ninety(90)days or more beyond the
estimated date of completion of construction previously provided.
25. OPERATIONS & MAINTENANCE: The Grantee .shall maintain and operate the facility. and structures
constructed or improved as.part of the Project throughout the life of the Project, consistent with the purposes
for which this Grant was made. The Grantee assumes all operations and. maintenance costs of the.facilities
and structures; the State Water Board shall not be liable for any cost of such maintenance, management or
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State Water Board Grant Agreement No. 06-175-555-0
Page 1.7 of 22
operation. The Grantee may be excused from operations and maintenance only upon the written approval of
the Grant Manager: For purposes of this Agreement, "operation costs" include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong.the life of capital assets
and basic structures, and the expenditure of.funds necessary to replace or reconstruct.capital assets or basic.
structures.
26.. PERMITS,CONTRACTING, WAIVER, REMEDIES AND DEBARMENT:.The Grantee shall procure all permits .
and.licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees,
and give all notices necessary and incidental to thedue and lawful prosecution of the.work. Any contractors,
outside associates, or consultants required by the Grantee,in connection with the.services covered by this
Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during
negotiations for this Agreement, or as are specifically authorized by the State Water Board's Grant Manager
during the performance of this Agreement. Any substitutions in, or additions to,such contractors, associates,
or consultants,shall be subject to the prior written approval of the State Water Board's Grant Manager. Any
waiver of rights with.respect to a default or other matter arising.under the Agreement at any time by either
party shall not be considered a waiver of rights with respect to. any other default or matter.,..Any rights and
remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided. . .
bylaw. The Grantee shall not contract with any parry who is debarred or suspended or otherwise excluded
from or ineligible for participation in federal assistance programs.under Executive Order 12549, "Debarment.
and Suspension". The Grantee--shall not contract with any individual or organization on USEPA's List of
Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477)www.epls.gov: The Grantee certifies to the best of
its knowledge and belief,that it,and its principals:
a. 'Are not presently debarred,:suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department or Grantee;
b. . Have not within a three-year period preceding this Agreement been convicted of.or had a civil judgment
rendered against them for commission of-fraud or.a criminal offense in connection with obtaining,
attempting to obtain, or performing a.public (federal, state or local)transaction.or contract under a public
transaction; violation of federal or state antitrust statutes.or commission of embezzlement, theft,.forgery,-
bribery,
orgery,bribery,falsification or destruction of records, making false statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental.entity,(federal; . .
state or local) with commission of any of the offenses enumerated in paragraph (b).of this certification;
and
d. Have not within a.ihree (3)-year period preceding this application/prop.osal had one or more public
transactions(federal,state or local)terminated for cause or default..
27. PREVAILING WAGES AND LABOR COMPLIANCE:. If applicable, the Grantee agrees to.be bound-by all the
provisions of State Labor Code regarding.prevailing wages. If applicable, 'the Grantee shall monitor all
agreements.subject to reimbursement.from this Agreement to assure that the.prevailing wage provisions of
..State Labor Code are being met. The Grantee certifies that it has a labor compliance .program in place
pursuant to section 1771.8 of.the Labor Code,where applicable.
28. PROFESSIONALS: The Grantee agrees that.only licensed.professionals will be used to perform services
under this Agreement where such services are called for.
29. RECORDS: Without limitation.of the requirement to maintain Project accounts.in accordance with generally
accepted accounting principles, the Grantee agrees to:
a. Establish an official file for the Project which.shall adequately document all significant actions relative to
the Project;
b. Establish separate accounts which will adequately.and accurately depict all amounts .received.and
expended.on this Project, including 611 grant funds received under this Agreement;
Contra Costa County Public Works Department }
State Water Board Grant Agreement No. 06-175-555-0
Page 18 of 22.
c. Establish separate accounts which will adequately depict all income received which:is..attributable to the
Project,especially including any income attributable to grant funds disbursed under this Agreement;
d. Establish an accounting system which will adequately depict final total costs of the Project;including both .
direct and indirect costs;
e. .Establish such accounts and.maintain such records as may be necessary for the state to fulfill federal
reporting requirements, including any and all reporting requirements under federal tax statutes or
regulations;and
f: . If Force Account is used by the Grantee for any phase of the Project, establish an account that.-
documents all employee hours, and associated tasks charged to the Project per employee..
30. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this.
Agreement or to repay all of the grant funds plus interest.
.31. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, .reports; computer
programs, operating manuals, notes, and other written or graphic work produced in the performance..of this
Agreementshall be In the public.domain. The Grantee may disclose, disseminate and use in whole or in part,
any final form data.and information received, .collected; and developed under this Agreement, subject 4o
appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not
utilizethe materials for any profit-making venture or sell or grant rights to a third party who intends to do so.
32. STATE REVIEWS. AND INDEMNIFICATION: The parties .agree that review or approval of Project
applications, documents, permits, plans and specifications or other Project information by the State Water.
Board is for administrative purposes only.and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain,implement, or otherwise carry out the. Project. To the extent .
permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Boardand the . .
State against any loss or liability arising out of any claim or action brought against the State Water. Board.
and/or.the State from and against any and all losses, claims, damages, liabilities or expenses, of every.
conceivable kind,character and nature whatsoever arising out of,resulting.from,.or in any way-connected with
(1) the Project or the conditions, occupancy, use, possession, conduct or management of, Work done in`or
about, or the planning, design, acquisition, installation or construction, of the Project or any park thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any
Violation of any applicable. law, rule or regulation, any environmental law.(including, without.limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act, the California Hazardous Substance Account Act, the :Federal Water
Pollution Control Act, the Clean.Air Act, the California.Hazardous Waste Control Law and California Water
Code Section 13304, and any.successors to said laws), rule or regulation or the release of any toxic
substance on or near the System;or(4)any untrue statement or alleged untrue statement of any material fact
or:omission or alleged omission to state a.material fact necessary to make the statements required to be
stated therein,.in light of the circumstances under which they were made, not misleading with respect to any
information provided by the Grantee for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement. To the fullest extent permitted bylaw, the Grantee agrees to
pay and discharge any judgment or award entered or made against the State Water Board and/or.the State
with respect to any such claim or action, and any settlement,.compromise or other voluntary resolution. The
provisions of this.section shall survive the term of this Agreement.
33. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental
environmental projects required by Regional Boards.
34. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees.that any remedy
provided in this Agreement is in. addition to and not in derogation of any other legal or equitable. remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Project; and exercise of any remedy provided by this
Agreement by the State Water.Board shall not preclude the State Water Board from pursuing.any legal
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 19 of 22
remedy or right which would otherwise be available. In the event of litigation between the parties hereto
arising from this Agreement, it is agreed that the State Water.Board shall be entitled to such reasonable costs
and/or attorney fees as may be ordered by the court entertaining such litigation.
35. TERMINATION, IMMEDIATE REPAYMENT, INTEREST:This Grant Agreement may be terminated by.written .
notice at any time prior to completion of the Project, at the.option of the State Water Board, upon violation by
the Grantee of any material provision after such violation has been called to the attention of the Grantee and
after failure of the Grantee to bring itself Into compliance with.the provisions of this Agreement.within .a
reasonable time as established by the State Water Board. In the event of such termination, the Grantee
agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant
funds'disbursed to the.Grantee prior to such termination. In the event of termination, interest shall accrue on
all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the
Grantee to the date of full repayment by the Grantee.
36. TIMELINESS: Time is ofthe essence in this Agreement.. The Grantee shall proceed With and complete the
Project in an expeditious manner:
37. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to
exceed those amounts set forth in Exhibit E. No travel outside the State of California shall be reimbursed
unless prior written authorization is obtained from the State Water Board.
.38. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.
39. URBAN.WATER MANAGEMENT PLAN. The Grantee certifies that this Project complies with the Urban
Water Management Planning Act (Water Code.§ 10610 et seq.). This shall constitute a condition precedent.
to this grant agreement..
40. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions
of this Project begins upon completion of construction and.continues until fifty .(50) years thereafter for
pipelines and structures and twenty(20)years for all else.
41. VENUE: The State Water Board and the Grantee hereby agree that any action:adsing out of this Agreement
shall be filed and maintained in the Superior Courtin and for the County of Sacramento, California;or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives any
existing sovereign immunity for the purposes of this.Agreement.
42. WATERSHED MANAGEMENT PLAN CONSISTENCY. Grantee certifies that any watershed..:protection
activity undertaken as part of this Project- will be consistent with the applicable, adopted, local watershed
management plans and the applicable Water Quality Control Plan (Basin Plan)adopted by a Regional Water
Board, where such plans exist. Any such activity occurringin the San Gabriel and Los Angeles watersheds
shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted .
by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica
Mountains Conservancy:
43. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project:
fin
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Page 20 of.22
EXHIBIT D
SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Proposition 40 Nonpoint Source Pollution Control Program[PRC§§.5096.650, 30935(a)]
1. The Grantee certifies that it is one of the following: a city, county, city and county, district, or.a 501(c)(3).
nonprofit organization.
2. The.Grantee hereby warrants that this Project is intended to protect the beneficial uses of water throughout
the state through the control of nanpoint source pollution.
3. The Grantee hereby warrants and represents that this Project is capable of,sustaining water quality benefits
far a-period of twenty(20)years.
4. This Project has a defined water quality or beneficial use goal of reducing the cumulative impacts of nonpoint-
source pollution derived from the use of recreational watercraft, and by improving public access to marina-
based environmental services:
5. Notwithstanding.Exhibit A, the Grantee agrees to submit a monitoring and reporting plan,that will do:all of the
following:
a. Identify one or more nanpoint sources of pollution
b. Describe the baseline water quality of the water body impacted
c.. Describe the manner in which the proposed practices or measures are implemented
d. Determine the effectiveness of the proposed practices or measures in preventing or reducing pollution::.
6: .Notwithstanding Exhibit A,the Grantee agrees to submit a report to the State Water Board at the completion
of the Project that summarizes completed.activities and indicates whether the purposes of the Project have
been met. The report shall include information collected by the Grantee in accordance with the Project
monitoring and reporting pian,:including:but not limited to, a determination of the effectiveness of the best
management practices or management measures implemented as part of the. Project in preventing or
reducing nonpoint source pollution.
7. The Grantee certifies that this Project addresses at least.one'of the State Water Board or Regional Water
Boards'priorities as identified in Appendix G to the 2005-06 Consolidated Grants Program Guidelines.
8. . The Grantee certifies that it is providing a match in the amount of at least 25% of the total amount to be spent
on this Project.
9. The Grantee certifies that:in no event will it.complete this Project later than September of 2008. it
acknowledges that this condition is a'materiai condition of this grant agreement.
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State Water Board Grant Agreement No.06-175=555-0
Page 21 of 22
EXHIBIT E
TRAVEL AND.PER DIEM EXPENSES
!. SHORT-TERM PER DIEM EXPENSES
A. In computing reimbursement for continuous short-term travel of more than,24 hours and lessthan 31.:. .
consecutive days, that is at-least 50 miles from the main office, headquarters.or primary residence, the
employee will be reimbursed for actual costs up to the maximum allowed for each meal,,incidental, and.
lodging expense for each complete 24 hours of travel,beginning with the traveler's times.of departure and .
return,as follows:
1. On the first day of travel on a trip of 24 hours or more:
Trip begins at or before 6 a.m. Breakfast may be claimed on the first day.
Trip begins at or before 11 a.m. Lunch may be claimed on the first.day. .
Trip begins at or before 5 p.m. Dinner may be claimed on the first day.
2. On the fractional day of travel at the end of a trip of more than 24 hours:
Trip ends at or after a.m. Breakfast may be.claimed.
Trip ends at or.after 2 p.m. Lunch may be claimed:.
Trip ends at or after 7 p.m. Dinner may be claimed. I
If the fractional day includes an overnight stay, receipted lodging,may also be claimed. No meal.or:
lodging expense maybe claimed or reimbursed more than once on any.given date or during any 24-
hour period.
3. Reimbursement shall be for actual expenses,subject to the following maximum rates:-
4. Meals:
Breakfast $6.0'0
Lunch $ 10.00 Receipts are not required for regular
Dinner $ 18.00- short-term travel meals
Incidentals '$6.00
5. Lodging:
.Statewide Actual up to$84.00 plus tax
When required to conduct State.busines6 and-obtain lodging in the counties of Las Angeles and San
Diego, m
reimbursement.will be for actual receipted lodging to a aximum of$110 plus tax..
When required to conduct State business and obtain lodging in the counties of Alameda,`.San
Francisco, San Mateo, and:Santa Clara, reimbursement will be for.actual receipted lodging to a
maximum of$140 plus tax.
If dodging receipts are not submitted, reimbursement will.be for meals only at the rates and time.
frames set forth in B.1 below.
in circumstances where the contractor cannot obtain the State per diem.lodging rate, verification from
the hotel.that such a rate was not available to the contractor may submitted to substantiate lodging
costs above the per diem rate.
Contra Costa County Public Works Department
State Water Board Grant Agreement No. 06-175-555-0
Page 22 of 22
B:. In computing reimbursement for continuous travel of less than 24.hours, actual expenses,.up to_the .
maximums in A.3 above,will be reimbursed for breakfast and/or dinner and/or lodging in accordance with
the following time frames;
1: Travel begins at or before 6 a.m. and ends at or after 9 a.m.:'Breakfast may be claimed. Travel .
begins at or before 4 p.m.and ends at or after 7 p.m.: Dinner may be claimed.. If the trip of less than
24 hours includes an overnight stay,.receipted lodging may be claimed. No lunch or incidentals may..
be reimbursed on travel of less than 24 hours.
2. Employees on short-term travel who stay in commercial lodging establishments or commercial
campgrounds will be reimbursed for actual lodging expenses substantiated by a receipt. Employees
who stay with friends or relatives, or who do not produce a lodging receipt, will be eligible to claim
meals only. .
IL LONG-TERM TRAVEL AND PER DIEM EXPENSES
A. Employee maintains.a separate residence in the'headquarters area:
Long-term travelers who maintain a permanent.residence at their primary headquarters may claim daily
long-term lodging up to $24.00 with a receipt, and long-term meals of$24.00 for each period of,travel
from 12 to 24 hours at the long-term location. .For.travel of less than 12 hours, the traveler may claim,
either$24.00in receipted.lodging or$24.00 in long-term meals.
B. Employee does not maintain a separate residence in headquarters area:
Long-term travelers who do not maintain a permanent residence:at.their headquarters may.claim.daily
receipted lodging up.to $12.00, and long-term meals of $12.00.for each period of travel from 12'to 24
hours at the long-term locations. For travel of less than 12 hours,the travelers may claim.either$12.00 in
receipted lodging or$12.00 in long-term meals
Ill. MILEAGE REIMBURSEMENT
Reimbursement for personal vehicle mileage is 44.5 cents per mile.
1V. VEHICLE RENTAL
Reimbursement for vehicle rental shall be for actual and necessary costs of:such rental and airplane usage
shall be allowed at the lowest fare available. Claims for reimbursements shall be allowed upon submittal of
the appropriate receipt. Refer to California Code of.Regulations,..Title 2,Sections 599.627 and 599.628.
Contra Costa County Number
Standard Form L-4
Revised 2002 SPECIAL CONDITIONS
(Purchase of Services-Long Form)
Tonya Redfield
1. Withholding and FICA Deductions. Notwithstanding Paragraph 14 of the. General
Conditions of the Standard Contract (Purchase of Services- Long Form), or Paragraph 10 of the
Standard Contract(Purchase of Services-Short Form), for purposes of withholding state and
federal taxes and Social Security only from payments due, the Auditor-Controller will make
deductions for these purposes. Contractor is not a County employee. Contractor fi.irther
understands that County has no obligation to provide, and Contractor will not be provided fringe
benefits, including but not limited to, vacation, sick leave, retirement, and health plan coverage.
County will provide worker's compensation coverage and unemployment insurance if County has
the right to control the way in which Contractor's work is done.
2. Insurance. Paragraph 19 (Insurance) of the General Conditions is hereby deleted in its
entirety and replaced with the following paragraph:
19. Insurance.
1.. Automobile Insurance. During the entire term of this Contract and any extension
or modification thereof, Contractor shall keep in effect a policy or policies of motor
vehicle liability insurance, for any use Contractor makes of a private automobile in
the performance of this Contract, as required by State law, in amounts not less
than:
(1) $.100,000 for personal injury to, or death of one: person;
(2) $300,000 for injury to, or death of, two or more persons, per occurrence;
and
(3) $.500,000 for property damage.
2. Insurance Certificate. Not later than the effective date of this Contract,
Contractor shall provide County with a certificate(s) of insurance evidencing the
above liability insurance. The policies shall include a provision for thirty (30) days
written notice. to County before cancellation or material change of the above-
specified coverage.
„
Form L-4 (Page 1 of 1)
Fonr YY'9 Request for Taxpayer Give form to the
(Rev.January 2002) Identification Number and Certification requester. Do not
Department of the Treasury send to the.IRS.
Internal Revenue Service
rQ Name
II) Recp,F)E.fa
1T
m
Business name,if diff nt from above
m :n
T 2vldual/ Exempt from backup
Check appropriate box: Sole proprietor El Corporation ❑ Partnership 1:1 Other ► ___________________ ❑ withholding
o ?
c m
Address(number,street.and apt.or suite no.) Requester's name and address(optional)
.c I
aU
5� City, state,and ZIP code
e, List account number(s)here(optional)
N
Tax a er Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals, this is your social security number(SSN). Social security number
However,for a resident alien, sole proprietor,or disregarded entity,see the Part 1 instructions on '
page 2. For other entities, it is your employer identification number(EIN). If you do not have a number,
see How to get a TIN on page 2. or
Note: !f the account is in more than one name, see the chart on page 2 for guidelines on whose number Employer identification number
to enter.
11,Mill! Certification
Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because:(a) I am exempt from backup withholding, or(b)I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. person(including a U.S.resident alien).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 2.)
Sign Signature of
Here U.S. person ► Date III-
Purpose
Purpose of Form What isackupwithholding?Persons making 5. You do not certify to the requester that you
certain payments to you must under certain are not subject to backup withholding under 4
A person who is required to file an information conditions withhold and pay to the IRS 30%of above(for reportable interest and dividend
return with the IRS must get your correct such payments after December 31, 2001 (29% accounts opened after 1983 only).
taxexany er identification
number(TIN)to report, for after December 31,2003).This is called "backup Certain payees and payments are exempt
p p y withholding." Payments that may be subject to from backu withholding.See the instructions on
transactions, mortgage interest you paid, backup withholding include interest,dividends, P g•
acquisition or abandonment of securedproperty, page 2 and the separate Instructions for the
q broker and barter exchange transactions, rents, nester of Farm W-9.
cancellation of debt, or contributions you made royalties, nonemployee pay, and certain Requester
to an IRA. payments from fishing boat operators. Real Penalties
Use Form W-9 only if you are a U.S.person estate transactions are not subject to backup
(including a resident alien),to give your correct withholding. Failure to furnish TIN. If you fail to furnish your
TIN to the person requesting it (the requester) You will not be subject to backup withholding correct TIN to a requester,you are subject to a
and, when applicable,to: penalty of$50 for each such failure unless your
PP on payments you receive if you give the
failure is due to reasonable cause and not to
1.Certify the TIN you are giving is correct(or requester your correct TIN,make the proper willful neglect.
you are waiting for a number to be issued), certifications,and report all your taxable interest
and dividends on your tax return. Civil penalty for false inforrnation with respect
2.Certify you are not subject to backup to withholding. If you make a false statement
withholding, or Payments you receive will be subject to with no reasonable basis that results in no
3.Claim exemption from backup withholding if backup withholding if: backup withholding,you are subject to a $500
you are a U.S. exempt payee. 1. You do not furnish your TIN to the penalty.
requester, or Criminal penalty for falsifying information.
If you are a foreign person, use the P Y fy 9
appropriate Form W-8.See Pub.515, 2. You do not certify your TIN when required Willfully falsifying certifications or affirmations
Withholding of Tax on Nonresident Aliens and (see the Part 11 instructions on page 2 for may subject you to criminal penalties including
Foreign Entities. details),or fines and/or imprisonment.
Note: ff a requester gives you a form other than 3.The IRS tells the requester that you Misuse of TINs. If the requester discloses or
Form W-9 to request your TIN,you must use the furnished an incorrect TIN,or uses TINS in violation of Federal law,the
rerequester's form if it is substantiallyrequester may be subject to civil and criminal
ter' similar to this 4.The IRS tells you that you are subject to penalties.
backup withholding because you did not report
all your interest and dividends on your tax return
(for reportable interest and dividends only), or
Cat.No.10231X Form W-9 (Rev. 1-2002)
Form W-9(Rev. 1-2002) Page 2
Specific Instructions Application for IRS Individual Taxpayer Privacy Act Notice
P Identification Number, to apply for an ITIN, or
Name. If you are an individual,you must Form SS-4,Application for Employer Section 6of the Internal Revenue Code
generally enter the name shown on your Identification Number,to apply for an EIN. requires yoouu to give your correct TINto
social security card. However, if you have You can get Forms W-7 and SS-4 from the persons who must file information returns
changed your last name, for instance, due to IRS by calling 1-800-TAX-FORM with the IRS to report interest, dividends, and
marriage without informing the Social Security (1-800-829-3676)or from the IRS Web Site at certain other income paid to you, mortgage
Administration of the name change, enter www.irs.gov. interest you paid,the acquisition or
your first name,the last name shown on your If you are asked to complete Form W-9 but abandonment secured property,
social security card, and your new last name. do not have a TIN, write "Applied For"in the cancellation of d debt, or Contributions you
made
If the account is in joint names, list first and space for the TIN, sign and date the form, IRA or Archer MSA.The IRS uses
then circle the name of.the person or entity and give it to the requester. For interest and the numbers
s for identification purposes and
t0 help verify the accuracy of your tax return.
whose number you enter in Part I of the form. dividend payments, and certain payments
made with respect to readily tradable The IRS may also provide this information to
Sole proprietor.Enter your individual P Y the Department of Justice for civil and
name as shown on your social security card instruments, generally you will have 60 days criminal litigation, and to cities, states, and
on the "Name"line. You may enter our to get a TIN and give it to the requester
y y before you are subject to backup withholding the District of Columbia to carry out their tax
business, trade,or "doing business as (DBA)" Y J P 9 laws.
name on the "Business name" line. on payments.The 60-day rule does not apply you must provide your TIN whether or not
Limited liabilitycompany(LLC). If you are to other types of payments. You will be
p y Y subject to backup withholding on a)1 such you are required to file a tax return. Payers
a single-member LLC(including a foreign LLC payments until you provide your TIN to the must generally withhold 30% of taxable
with a domestic owner)that is disregarded as requester. interest, dividend, and certain other payments
an entity separate from its owner under to a payee who does not give a TIN to a
Treasury regulations section 301.7701-3, Note: Writing "Applied For"means that you payer. Certain penalties may also apply.
enter the owner's name on the"Name" have already applied for a TIN or that you
line. Enter the LLC's name on the "Business intend to apply for one soon. What Name and Number TO
name" line. Caution:A disregarded domestic entity that
Other entities.Enter your business name has a foreign owner must use the appropriate Give the Requester
as shown on required Federal tax documents Form W-8.
on the "Name"line. This name should match For this type of accountA Give name and SSN of:
the name shown on the charter or other legal Part II—Certification 1. Individual The individual
document creating the entity. You may enter To establish to the withholding agent that you 2. Two or more The actual owner of the
any business, trade, or DBA name on the are a U.S. person, or resident alien, sign Form individuals(joint account or.if combined
"Business name"line. W-9. You may be requested to sign by the account) funds,the first individual
Exempt from backup withholding.If you withholding agent even if items 1, 3, and 5 on the account'
are exempt, enter our name as described below indicate otherwise. a. custodian account ft The minor
P Y a minor(Uniform Gift
above,then check the "Exempt from backup For a joint account,only the person whose to Minors Act)
withholding" box in the line following the TIN is shown in Part I should sign (when 4. a. The usual The grantor-trustee'
business name, sign and date the form. required). Exempt recipients, see Exempt revocable savings
Individuals(including sole proprietors) are from backup withholding above. trust(grantor is
also trustee)
not exempt from backup withholding. Signature requirements. Complete the b. So-called trust The actual owner'
Corporations are exempt from backup certification as indicated in 1 through 5 account that is not
withholding for certain payments,such as below. a legal or valid trust
interest and dividends. For more information 1. Interest, dividend,and barter under state law
on exempt payees, see the Instructions for exchange accounts opened before 1984 5. Sole proprietorship The owner'
the Requester of Form W-9. and broker accounts considered active
If you are a nonresident alien or a foreign during 1983. You must give your correct TIN,- For this type of account: Give name and EIN of:
entity not subject to backup withholding, give but you do not have to sign the certification. 6. Sole proprietorship The owner'
the requester the appropriate completed 2.Interest, dividend,broker, and barter 7. A valid trust,estate, or Legal entity
Form W-8. exchange accounts opened after 1983 and pension trust
Note: If you are exempt from backup broker accounts considered inactive during B. Corporate The corporation
withholding,you should still complete this 1983. You must sign the certification or 9. Association,club, The organization
form to avoid possible erroneous backup backup withholding will apply. If you are religious,charitable.
withholdin subject to backup withholding and you are educational,or other
9• J P 9 Y tax-exempt
Part I—Tax a er Identification merely providing your correct TIN to the organization
P Y requester,you must cross out item 2 in the 10. Partnership The partnership
Number (TIN) certification before signing the form. 11. A broker or registered The broker or nominee
Enter your TIN in the appropriate box. 3.Real estate transactions. You must nominee
If you are a resident alien and you do not sign the certification. You may cross out 12. Account with the The public entity
Y Y Department of
have and are not eligible to get an SSN,your item 2 of the certification. Agriculture in the name
TIN is your IRS individual taxpayer 4.Other payments.You must give your of a public entity(such
identification number(ITIN). Enter it in the correct TIN, but you do not have to sign the as a state or local
social security number box. If you do not certification unless you have been notified government,school
have an ITIN, see How to et a TIN below. that you have previously given an incorrect restive,or prison)that
g receives agricultural
If you are a sole proprietor and you have TIN. "Other payments"include payments program payments
an EIN,you may enter either your SSN or made in the course of the requester's trade
EIN. However, the IRS prefers that you use or business for rents, royalties, goods(other List first and circle the name of the person whose
than bills for merchandise), medical and
your SSN. number you furnish.If only one person on a joint
If you are an LLC that is disregarded as health care services(including payments to account has an SSN,that person's number must be
an entity separate from its owner(see corporations), payments to a nonemployee for furnished.
Limited liability company(LLC)above), and services, payments to certain fishing boat 'Circle the minor's name and furnish the minor's SSN.
are owned by an individual, enter your SSN crew members and fishermen, and gross 'You must show our individual name,but you may
(or "pre-LLC" EIN, if desired). If the owner of proceeds paid to attorneys(including Y Y Y
also enter your business or"DBA" name.You may use
a disregardedpayments t0 COrpOracorporations).LLC is a corporation, either your SSN or EIN(if you have one).
artnershi etc., enter the owner's EIN. 5. Mortgage interest paid by you,
partnership, acquisition or abandonment of secured ' pe first and circle the name of the legal trust.estate.
Note: See the than ac on this page for further q orr pension trust.(Do not furnish the TO or the personal
clarification of name and TIN combinations. property, cancellation of debt;qualified representative or trustee unless the legal entity itself is
tuition program payments (under section not designated In the account title.)
How to get a TIN.If you do not have a TIN, 529), IRA or Archer MSA contributions or
apply for one immediately.To apply for an distributions,and pension distributions. Note: If no name is circled when more than
SSN, et Form SS-5,Application for a Social P one name is listed, the number will be
9 PP You must give your correct TIN, but you do
Security Card, from your local Social Security not have to sign the certification. considered to be that of the first name listed.
Administration office. Get Form W-7, I
Centra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
I. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws
and regulations with respect to its performance under this Contract, including but not limited to,licensing,employment
and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's perforniance, place of business and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the
United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractor's regular business records and such
additional records pertaining to this Contract as may be required by the County.
a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the
date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required
by law; and until all federal/state audits are complete and.exceptions resolved.for this contract's funding period.
Upon request,Contractor shall make these records available to authorized representatives of the County,the State of
California, and the United States Government.
b. Access to-Books and Records of Contractor,Subcontractor.. Pursuant to Section ]861(v)(1)of the Social
Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the
expiration of four years after the furnishing of services pursuant to this Contract,make available to the County,the
Secretary of Health and Human Services,or the Comptroller General,or any oftheir duly authorized representatives,
this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs
and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of
$10,000 or more over a twelve-month period,such subcontract shall contain a clause to the effect that upon written
request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the
subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to
verify the nature and extent of all costs and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention of records
under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550.Contractor shall include in all documents or
written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers
and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report.
This section shall apply only if the payment limit under this Contract exceeds $5,000.
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either parry,in its sole discretion,upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
L-5 (Page 1 of 6)
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2003
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract
should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County
may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal. state, or other non-
County finding for this Contract ceases. this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein,no other understanding,oral or otherwise,regarding the subject matter ofthis Contract shall be
deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets
required by this Contract, including but not limited to,monitoring.evaluating,auditing,billing,or regulatory changes,may
be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall
be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify
that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract.
including any sums of money to be paid Contractor as provided herein. informal Agreements may be approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to
any required state or federal approval.
b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may
be amended by a written administrative amendment executed by Contractor and the County Administrator (or
designee), subject to any required state or federal approval, provided that such administrative amendment may not
materially change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or•performance of
this Contract shall be subject to final written determination by the head of the county department for which this Contract is
made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal
government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws
of the State of California.
L-5 (Page 2 of 6)
Initials:
Contractor County Dept.
Contra Costa County GENERAL CONDITIONS
Standard Fortin .1.-5 (Purchase of Services -Long Form)
Revised 2003
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,State
of California.
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subject of this Contract be adopted or revised during the term hereof.this Contract shall be deemed amended to
assure conrormance with such federal or state requirements.
12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or
statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor,
or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the
County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise.
14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended
to and shall not be construed to create the relationship between the parties of agent, servant, employee,partnership,joint
venture or association.
15. Conflicts of Interest. Contractor, its officers,partners,associates,agents,and employees,shall not make,participate
in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental
decision in which they know or have reason to know they have a financial interest under California Government Code
Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees
to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to,
the identity of persons served under this Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or
agency in connection with the administration of or relating to services provided under this Contract will be
confidential,and will not be open to examination for any purpose not directly connected with the administration of
such.service.
b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving
services,except as may be required in the administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such
information other than as authorized by law may be guilty of a misdemeanor.
L-5 (Page 3 of 6)
Initials: �-
tractor County Dept.
Contra Costa County GENERAL CONDITIONS .
Standard Form L-5 (Purchase of Services-Long Form)
Revised 2003
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to
all qualified persons regardless of age, sex, race, religion, color, national origin,ethnic background, disability,or sexual
orientation, and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. Contractor shall defend, indemnify,save,and hold harmless County and its officers and employees
from any and all claims,costs and liability for any damages,sickness,death,or injury to person(s)or property, including
without limitation ail consequential damages,from any cause whatsoever arising directly or indirectly from or connected
with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and
except claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or
employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may
make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any
claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,.Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
Contractor shall provide comprehensive liability insurance, including. coverage .for owned and non-owned
automobiles,with a minimum combined single limit coverage of$500,000 for all damages, including consequential
damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property,
including the loss of use thereof,arising from each occurrence. Such insurance shall be endorsed to include County
and its officers and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to County,the state and federal governments,and their officers,
agents,and employees, so that other insurance policies held by them or their sell'insurance program(s)shall not be
required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the
total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County
with a copy of the endorsement making the County an additional insured on all general liability, worker's
compensation, and, if applicable, all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its
employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance
evidencing liability and worker's compensation insurance as required herein no later than the effective date of this
Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or
amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then
Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change of the above specified coverage.
L-5 (Page 4 of 6)
—�
initials: ,
Contra or County Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
20.. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to
County shall be the date of receipt by the head of the county department for which this Contract is made.
21.. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the
Special Conditions (if any) and Service Plan do not limit any term of the General Conditions.
22.. Nonrenewal. Contractor understands.and agrees that there is no representation, implication,or understanding that
the services provided by Contractor under this Contract will be purchased by County under a new contract following
expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of
land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107). such
interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the
payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide
some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that
such individuals occupy the position of intended third-parry beneficiaries of the obligations assumed by either party to this
Contract.
25. Copvrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement without the express written consent of the County Administrator. lfany material is
subject to copyright,County reserves the right to copyright,and Contractor agrees not to copyright. such material. I f the
material is copyrighted,County reserves a royalty-free,nonexclusive, and irrevocable license to reproduce, publish,and
use such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a
particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for
such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall
not participate or appear in any commercially produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County.
L-5 (Page 5 of 6)
Initials:
ntracto► ounty Dept.
Contra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services - Long Form)
Revised 2003
Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of
Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such
views.
27. Required Audit. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year
ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit
conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-
133. (B) if Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December
31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an
audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in
any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit
requirements for
that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials
of the federal awardin;a agency, the General Accounting Office (GAO), the pass-through entity and/or the County. if
any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in
(A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost.
County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the
final payment, from Contractor until County receives the audit from Contractor.
28. Authorization. Contractor, or the representatives) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of 6)
Initials:
Contractor County Dept.