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TO: BOARD OF SUPERVISORS 's- Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
4
DATE: April 3 C o u n t
p f 2007
CosT4 COUK� y
SUBJECT: APPROVE CONTRACT AMENDMENT WITH BLANKINSHIP AND ASSOCIATES, INC.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with
Blankinship and Associates,Inc. (Blankinship), effective April 1,2007,to extend the term from April 1,2007,to
April 1,2009,and to increase the payment limit by$220,000 from$487,000 to a new payment limit of$707,000 for
the Aquatic Pesticide National Pollutant Discharge Elimination System Monitoring Project in accordance with the
Joint Exercise of Powers Agreement(JEPA)between Contra Costa County Public Works Department(Contra Costa
County), Contra Costa County Flood Control and Water Conservation District, Alameda County Public Works
Agency,Zone 7—Alameda County Flood Control and Water Conservation District,City of Antioch and the City of
Concord, Countywide.
FISCAL IMPACT:
Funding source is County stormwater fees with reimbursed cost-sharing from the JEPA members.
Continued on Attachment: ® SIGNATURE:
[ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECO ENDATION OARD COMMITTEE
[APPROVE R OTHER
r
SIGNATURE(S):
ACTION OF BO ON'
APPROVED AS COMMEND D OT ER ❑
VOTE SUPERVISORS
UNANIMOUS(ABSENT )
AYES: _NOES:
ABSENT:_ ABSTAIN: I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown.
PI:cw ATTESTED: -7
G:\FldCtl\Board Orders 2005 Onward\2007 BO\Blankinship BO-7 4-03-07.doc JOHN CULLEN,Clirk of the Board of Supervisod and County
Orig.Div:Public Works(Flood Control Division) Administrator
Contact: Peter Inouye(925-313-2317)
cc: CAO
County Counsel By 'Deputy
ell Y,
SUBJECT: APPROVE CONTRACT AMENDMENT WITH BLANKINSHIP AND ASSOCIATES, INC.
DATE: April 3, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Contra Costa County entered into an agreement with Blankinship on May 20,2002,to prepare an East Bay Regional
Pesticide Monitoring Program for the Statewide National Pollutant Discharge Elimination'System.(NPDES)Permit
for discharges of aquatic pesticide. The NPDES permit requires the development and implementation of a water
quality monitoring plan by agencies using aquatically approved herbicides. Contra Costa County uses such
herbicides maintaining many storm drain facilities. The permit also allows agencies to collaborate in developing
regional monitoring plans. Alameda County Public Works Agency, City of Antioch, City of Concord, Zone 7—
Alameda County Flood Control and Water District, and the Contra Costa County Flood Control and Water
Conservation District requested the County to participate in the joint development of a regional monitoring plan
using Blankinship.The agencies entered into a JEPA for that purpose on January 11,2005,and have been equally
sharing the costs each year for monitoring and reporting to the state since that time.
The JEPA members have requested Contra Costa County continue working with Blankinship for the NPDES
permitting process. Because Blankinship provides consulting services to over 20 NPDES Aquatic Pesticide permit
holders statewide,the firm is constantly in contact with the State Water Resources Control Board and the Regional
Water Control Board staff and is aware of ever changing permit conditions. Changes as recent as January 2007 in
permit conditions related to restrictions on pesticide use make continuity in the Group/Consultant relationship
critical. Hence, a pivotal component of the Group's future success will be sustaining the Group/Consultant
relationship.
Sampling protocol has been specifically developed by Blankinship to meet permit compliance requirements. As a
result of Blankinship's high volume of laboratory analysis for all its clients,the Group benefits from a negotiated
lower unit cost per sample.
The amendment to the Consultant Services Agreement in the amount of$220,000 is required to fund continuing
services for monitoring, testing, and report writing in support of the East Bay Regional Pesticide Monitoring
Program through April 1, 2009.
CONSEQUENCES OF NEGATIVE ACTION:
If the contract amendment is not approved with Blankinship and Associates, Inc., the County Public Works
Department,the Contra Costa County Flood Control and Water Conservation District,and the JEPA partners will
not be in compliance with the General NPDES permit for Discharge of Aquatic Pesticides in Waters of the United
States. Selecting an alternative consultant agreeable to the JEPA partners may be difficult,resulting in an extended
period of noncompliance.
CONSULTING SERVICES AGREEMENT Number
AMENDMENT AGREEMENT# 7 Fund/Org#
Account#
1. Identification of Contract to be Amended. Other#
Vendor Number: 7517-6W7241
Consulting Services Agreement with: Blankinship and Associates, Inc.
Effective Date: May 20, 2002
Department: Public Works Department
Subject: Consultant Duties for: Aquatic Pesticide NPDES/JEPA Monitoring Project
Payment Limit (s): $487,000.
2. Parties. The County of Contra Costa, California (County), for its Department named above, and
the following named Consultant mutually agree and promise as follows:
Consultant Name: Blankinship and Associates, Inc.
Capacity: Consultant
Address: 322 C,St., Davis, CA 95616
3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is
April 1, 2007.
4. Amendment Specifications. The Contract identified above is hereby amended as follows:
I. Extension of Term
II. Payment Limit
5. Extension of Term. The term of the above-described Contract between the parties hereto is hereby
extended from April 1, 2007 to April 1, 2009, unless sooner terminated as provided in said
contract.
6. Amendment Payment Limit. Increase the payment limit by$220,000 from $487,000 to the new
total payment limit of $707,000.
7. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONSULTANT
Public Agency Consultant Name.
By CJ�4AA�Lth� Uwe 1 B skl6w1l
Mau " . Shiurint name) r
Public Works Director
-';�ry
L
(Signature and busine dapacity)
REC MMENDED FOR AP VAL:
By (2) BY Aw',",�'
Gregory nnaughton +ignature
t n )
Assistaht Public gh (rector
nd business capacity)Note to Contractor:For corporations(profit or nonprofit),the contract must be signed by two ofA must be that of the
or
or vice president
and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313).
G:\GrpData\EngSvc\ENVIRO\CS s\Forms\Nmendment sheet-BOS.doc
SILVAA!0 B.MARCHiESI,ytw
Pit .rumnli i'V'41W
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofQi YVLA,C1 OPTIONAL SECTION
County of _Ui4 0 CAPACITY CLAIMED BY SIGNER
On jG20kof—ore me, I r[LS 11 C Though statute does not require the Notary to fill
DATE I t7AM ,TIT E OF OFFICER E.G.,"JANE DOE,NOTAR BLIC" in the data below,doing so may prove invaluable
II to persons relying on the document.
personally appeared Yt l I'!,t 4,,
NAME(S)OF IG ER(S) ❑ INDIVIDUAL
❑ personally known to me-OR proved to me on the basis of satisfactory evidence to „CORPORATE FIVR )
be the person(s)whose name(s)is/are /�_/��9' L(-(' ^�
TITL.(S)
subscribed to the within instrument and
acknowledged to me that hWehe/they ❑ PARTNER(S) ❑ LIMITED
""A'06 — executed the same in his/her/their
LAURA CHRISTENSEN authorized capacity(ies),and that by ❑ GENERAL
Commission# 1645972 his~their signature(s)on the instrument ❑ ATTORNEY-IN-FACT
Notary Public-California the persons)or the entity upon behalf of ElTRUSTEE(S)
which the person(s)acted,executed the ❑ GUARDIAN/CONSERVATOR
Yolo County instrument. ❑ OTHER:
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Comm.Expires Mar 15,2010
IT S my han an cial seal, SIGNER IS REPRESENTING:
NAME OF PER(SON(S)OR ENTITY(IES))
SIGNATOR
OPTIONAL SECTION r y 1
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document V
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature.
The name must�igned exactly as it is typed or printed.
III. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in
the property must be stated.
Ill. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to
have the authority to sign or an Ind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a sign_e31y_two_o_ff icers, one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of
the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question Is required.
A currently valid power of attorney, notarized, will suffice.
Notarization of only one corporate sinature or signatures from only one group, must contain the following phrase:
..and acknowledged to me that suc9 corporation executed the within instrument pursuant to its by-laws or a resolution of its
Board of Directors."
Z:\FldCtl\NPDES\Aquatic Herbicide\CSA Amendment 25K Template\CSA Amendment#7 DRAFT.doc
Rev.Augmt 1.2001