james v. fitzgerald area of special biological significance pollution reduction program

8/6/2019 James V. Fitzgerald Area of Special Biological Significance Pollution Reduction Program

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COUNTY OF SAN MATEOlnter-Departmental Gorrespondence

Department of Public Works

DATE: June 21,2011BOARD MEETING DATE: July 12,2011

SPECIAL NOTICE/HEARING: NoneVOTEREQUIRED: Majority

TO:

FROM:

Honorable Board of Supervisors D / \'

t "r". C. Porter, Director of Public W \'{ -(SUBJECT: Memoranda of Understanding Regarding the lmplementation of the

James V. Fitzgerald Area of Special Biological Significance PollutionReduction Program

RECOMMENDATION:Adopt a Resolution authorizing and directing the County Manager, or his designee, toexecute:

1. Memoranda of Understanding for the implementation of the James V. FitzgeraldArea of Special Biological Significance Pollution Reduction Program with the SanFrancisco Estuary lnstitute in an amount not to exceed $490,000; and with the SanMateo County Resource Conservation District in an amount not to exceed$500,000, each for the term of May 24,2011 through May 1 ,2O15i and

2. Non-substantive additions, clarifications and other changes as the CountyManager, or his designee, deems necessary or advisable after consultation withCounty Counsel.

BACKGROUND:ln the 1970s, a S.5-mile stretch of shoreline in San Mateo County, including the JamesV. Fitzgerald Marine Reserye, was designated as an Area of Special BiologicalSignificance (ASBS), requiring special protection by the State. Since 1983, theCalifornia Ocean Plan (Ocean Plan) has prohibited the discharge of pollutants to theASBS, unless the State Water Resources Control Board (State Water Board) grants anException. The Ocean Plan does not allow for stormwater discharges in to the ASBS-ln December 2OO7, the Department submitted an exception application to the StateWater Resources Control Board to allow for existing stormwater discharge to continue.The State Water Board is considering adoption of ASBS Special Protections. Theproposed Special Protections include provisions for existing stormwater discharges thatare essential for flood control and/or slope stability. However, the discharge of non-authorized non-stormwater and trash are prohibited. These Special Protections would


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requre the implementation of Best Management Practices (BMPs) to manage pollutedstormwater discharges; and extensive monitoring programs to achieve the Ocean Planwater quality objectives.

Staffs from Public Works (Department), Planning, Environmental Health, San FranciscoEstuary Institute (SFEI), and the San Mateo County Resource Conservation District(RCD) developed the James V. Fitzgerald ASBS Pollution Reduction Program (PollutionReduction Program). The Pollution Reduction Program willassist in the County'scompliance with the stormwater discharge prohibition and anticipated SpecialProtections. ln September 2008, the Department submitted an application forProposition 84 grant funding from the State Water Board for the Pollution ReductionProgram, which was approved in February 2009 in the amount of $2,300,000.

On May 24,2011, your Board adopted Resolution No. 071429, authorizing thePresident of your Board to execute Grant Agreement No. 10-402-550 (GrantAgreement) for the Pollution Reduction Program.

DISGUSSION:The Pollution Reduction Program consists of implementing stormwater BMPs; waterquality studies and monitoring programs; and education and outreach efforts. TheDepartment has worked with SFEI and RCD to develop the terms set forth in theMemoranda of Understanding (MOU) which define the responsibilities of each agency,scope of work, and terms and conditions related to the implementation of the PollutionReduction Program. The Department, SFEI, and RCD will be responsible forperforming various elements of the Pollution Reduction Program. SFEI's work will focuson water quality monitoring, analysis, and assessment of BMP effectiveness on Countymaintained stormwater systems, while the RCD work will focus primarily on bestmanagement practices on upland private property. Several elements of the proposedPollution Reduction Program to be completed by SFEI and RCD must be submitted tothe State Water Board within 90 days after the execution of the Grant Agreement.

County Counsel has reviewed and approved the Resolution and MOUs as to form.

Approval of this action contributes to the Shared Vision 2025 outcome of anEnvironmentally Conscious Community by implementing the Pollution ReductionProgram to promote environmental stewardship and protect beneficial uses andbiological resources of the James V. Fitzgerald ASBS through community educationand outreach and collaborative pollutant management and monitoring.

FISCAL IMPAGT:The estimated cost of the Pollution Reduction Program is $2,635,000. The County'stotal fiscal obligation to SFEI and RCD under the MOUs shall not exceed $490,000 and$500,000, respectively, and willbe funded through the grant funds.

There is no impact to the General Fund.


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RESOLUTION NO.

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF GALIFORNIA

RES.LUT.N AUrHoRrzrNG;* il-t^u rHE couNry MANAGER, oRHIS DESIGNEE, TO EXEGUTE:1. MEMORANDA OF UNDERSTANDING FOR THE IMPLEMENTATION OF THEJAMES V. FITZGERALD AREA OF SPEGIAL BIOLOGICAL SIGNIFIGANCE

POLLUTION REDUCTION PROGRAM WITH THE SAN FRANCISGOESTUARY INSTITUTE lN AN AMOUNT NOT TO EXGEED $490,000; AND

WITH THE SAN MATEO COUNTY RESOURGE CONSERVATION DISTRICTIN AN AMOUNT NOT TO EXCEED $5OO,OOO, EACH FOR THE TERM OF

MAY 24,2011 THROUGH MAY 1,2015; AND2. NON-SUBSTANTIVE ADDITIONS, CLARIFIGATIONS AND OTHER

GHANGES AS THE COUNTY MANAGER, OR HIS DESIGNEE, DEEMS

NECESSARY OR ADVISABLE AFTER CONSULTATION WITH COUNTYCOUNSEL

RESOLVED, by the Board of Supervisors of the County of San Mateo, State of

California, that

WHEREAS, the County of San Mateo applied for grant funds from the State

Water Resources Control Board (State Water Board) Proposition 84 Areas of Special

Biological Significance (ASBS) Grant Program and was determined by the State Water

Board to be eligible for a grant pursuant to applicable State laws and regulations; and

WHEREAS, on February 3, 2009 the State Water Board approved Resolution

No. 2009-0007 authorizing grant funding for the James V. Fitzgerald ASBS Pollution

Reduction Program (Pollution Reduction Program), a project designed to comply with

the discharge prohibitions into ASBS contained in the California Ocean Plan; and

WHEREAS, on May 24,2011the Board adopted Resolution No. 071429

authorizing the President of the Board of Supervisors to execute Grant Agreement No.


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10-402-550 (Grant Agreement) with the State Water Board for the Pollution Reduction

Program; and

WHEREAS, the Pollution Reduction Program consists of implementing pilot and

targeted upland Best Management Practices for stormwater discharges and conducting

associated studies, water quality monitoring, and education and outreach efforts; and

WHEREAS, the County of San Mateo has been designated as the grantee and

is responsible for accepting and complying with all of the terms, provisions, conditions,

and commitments of the Grant Agreement, including all incorporated documents, and

to fulfillall assurances, declarations, representations, and commitments made in its

application, accompanying documents and communications filed in support of its

request for grant funding; and

WHEREAS, the County of San Mateo is responsible for complying with and

requiring its contractors and subcontractors to comply with all applicable laws, policiesand regulations; and

WHEREAS, the County of San Mateo is responsible for coordination and

implementation of the Pollution Reduction Program and for executing appropriate

documentation for the distribution of Proposition 84 ASBS Grant Program funds to

project partners in accordance with the terms and conditions set forthin

theGrant

Agreement; and

WHEREAS, the County of San Mateo developed the Pollution Reduction

Program in partnership with the San Francisco Estuary lnstitute (SFEI) and San Mateo


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County Resource Conservation District (RCD); and

WHEREAS, it is appropriate for the County of San Mateo to enter into

Memoranda of Understanding with SFEI and RCD to define the responsibilities, terms,and conditions with respect to the Pollution Reduction Program; and

NOW THEREFORE, lT lS HEREBY DETERMINED AND ORDERED as follows:

1. The Board of Supervisors authorizes and directs the County Manager, or hisdesignee, to execute Memoranda of Understanding between the County of San

Mateo and the San Francisco Estuary lnstitute, and the County of San Mateo

and the San Mateo County Resource Conservation District regarding

implementation of the James V. Fitzgerald Area of Special Biological

Significance Pollution Reduction Program.

2. The Board of Supervisors authorizes and directs the County Manager, or hisdesignee, to execute non-substantive additions, clarifications and other

changes as the County Manager, or his designee, deems necessary or

advisable after consultation with County Counsel.


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MEMORANDUMOF UNDERSTANDING

BETWEEN

THE COUNTYOF SAN MATEOANDTHESANFRANCISCOESTUARYTNSTITUTE

REGARDINGIMPLEMENTATIONOF THE.'AMESV. FITZGERALD AREAOF SPECIAL BIOLOGICAL

SIGNIFICANCEPOL!.UTIONREDUCTIONPROGRAM

ThisMemorandumof Understanding (MOU)is made and entered into this day of June28, 2011, byand between the Gountyof San Mateo (COUNTY)and the San FranciscoEstuary lnstitute(SFEI),hereinaftercollectivelyreferred to as the "Parties".

RECITALS

WHEREAS,COUNTYapplied forgrant funds fromthe State Water Resources ControlBoard (SWRCB)Proposition84 Areas of Special BiologicalSignificance(ASBS)Grant Programand was determinedby the SWRCBto be eligiblefor a grant pursuant to applicable State lawsand regulations; and

WHEREAS,on February 3, 2009 the SWRCBapprovedResolution No.2009-0007authorizinggrant funding forthe James V. FitzgeraldASBSPollutionReduction Program(Froject),a project designed to comply withthe discharge prohibitionsinto ASBScontained inthe CaliforniaOcean Plan; and

WHEREAS,on May24,2011 the COUNTYBoard of Supervisors adopted ResolutionNo. 071429authorizing the Presidentof the COUNTYBoard of Supervisorsto execute GrantAgreement(Grant Agreement)No. 10-402-550,attached hereto as Exhibit A, withthe SWRCBfor the Project; and

WHEREAS,Project consists of implementingpilotand targeted upland BestManagementPractices (BMPs)and conducting associated studies, water qualitymonitoring,and education and outreachwithin theJames V. Fitzgerald ASBSwatershed; and

WHEREAS,COUNTYhas been designated as the grantee and is responsible foracceptingand complyingwithall of the terms, provisions, conditions, and commitments of theGrant Agreement,includingall incorporated documents,and to fulfillall assurances,declarations,representations, and commitments made in itsapplication, accompanyingdocumentsand communications filedin support of its request forgrant funding;and

WHEREAS,COUNTY is responsibleforcomplyingwithand requiringits contractors andsubcontractorsto complywithall applicable laws,policies and regulations; and

WHEREAS,COUNTY is responsibleforcoordination and implementationof the Projectand for executingsubcontract agreements for the distributionof Proposition 84 ASBSGrantProgram funds to Project partners in accordance withthe terms and conditionsset forthherein;and

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WHEREAS,COUNTYdeveloped the Project in partnership with SFEI;and

WHEREAS,it isappropriate forthe Parties to enter into a MOU definingtheresponsibilities,scope of work, terms, and conditions withrespect to the Project; and

NOWTHEREFORE,in considerationof the mutual covenantsand conditions containedherein, the Parties hereto agree as follows:

1. Exhibits andAttachmentsThe terms and conditionsof this MOU,all exhibitsand attachments, and all documentsexpressly incorporatedby reference, represent the entire MOU ofthe Parties withrespect to thesubject matter ofthis MOU.This writtenMOU shallsupersede any and all prioragreements,oral or written,regarding the subject matter between the COUNTYand SFEI. Theterms andconditions ofthis MOUshall not be alteredor modifiedexcept by a writtenamendment to thisMOUsigned by the Parties.

The followingexhibits andattachments are includedhereto and incorporated by referenceherein:Exhibit A- SWRCBGrant AgreementNo. 10-402-550ExhibitB - SFEI Scope of Workand BudgetExhibitC - lnvoicingand Reporting ProvisionsAttachmentH - HIPAABusiness Associate requirementsAttachmentI- S 504 Compliance2. Services to be peformed bv SFEIln considerationof the payments setforlhherein and in ExhibitC, SFEI shall perform servicesfor the COUNTY asspecifiedbelow and in ExhibitB in accordance withthe terms, conditionsand specifications includedin ExhibitsA,B, and C attached hereto and incorporated byreference as though fullyset forthherein. Under this MOU,SFEI shall completethe followingProject tasks as described in the Grant Agreement(Grant Agreementitem number inparenthesis):

(A)Plans and General Compliance Requirements1. Project Assessment and EvaluationPlan (PAEP)( -2.1)2. Monitoring Plan(MP) (A-2.2)3. QualityAssurance Project Plan (QAPP)(A-2.3)

(B)Proiect-SpecificRequirements1. Pilot BMPsMonitoring(B-2.2)1.1 DocumentBMPefficacyby conductingwater qualitymonitoringat the pilotBMP

sites (pre- and post-implementationand/or upstream and downstream)inaccordance withthe QAPP, MP, and SWRCB's Surface Water AmbientMonitoringProgram's (SWAMP)guidelines.(B-2.2.i)

2. Pilot BMPsAnalysis(B-2.3)2.1 Analyzewater qualitydata, includingsummary statistics, calculation of pollutantloading and removal, and graphs of the water data. (B-2.3.1)2.2 Assess BMPeffectiveness as a functionof pollutantremoval efficiency,flow/capacity,installationcosts, maintenancecosts, and environmentalconditions and restraints.(B-2.3.2)

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2.3 Prepare and submit a summaryreport tothe COUNTY includingwater qualitydata and results of the analysis, includingrecommendations forupland stormdrain BMPselection. (B-2.3.3)

3. Pathogen Source TrackingStudy (B-a)3.1 Conductpathogen source trackingindicatorbacteria monitoring,in fivedrainagesduringdry and wet weather, according to QAPP, MP, and SWAMPguidelines.(B-4.1)3.2 Analyzethe data, prepare a summaryreport, and submit to the COUNTY. (B-4.2)

4. Education and Outreach (B-5)4.1 Develop graphics for three (3) ASBSnewsletters, one each in May of 2012,2013, and 2014, and submit to the COUNTY.(B-S.1)4.2 Develop graphics for an ASBSwebsiteand submit to the COUNTY.(B-5.2)4.3 Develop graphics for a communitysurvey on nonpointsource (NPS) knowledge,perceived mid coast water qualityproblems, willingnessto participate, and ideasfor water quality improvementsand submit to the COUNTY.(B-S.3)4.4 Host a low impactdevelopment(LlD)and retrofitworkshop for developers,contractors,landowners, residents, and localgovernment staff to provideresources and tools for reducingrunoffand harvesting storm water. Proceedingsfromthe workshop will beavailableon the ASBS website.Submitworkshopagenda and materials to the COUNTY.(B-5.4)

5. Upland Storm DrainBMPs Monitoring(8-6.3)5.1 Conduct waterqualitymonitoringat the upland BMPsites (pre- and post-implementationand/orupstream and downstream) and document BMPefficacyin accordance with the QAPP, MP, and SWAMPguidelines. (8-6.3.1)

6. Upland StormDrain BMPsAnalysis (8-6.4)6.1 Analyzewater qualitydata, includingsummary statistics, calculationof pollutantloading and removal, and graphicaldisplays.(8-6.4.1)6.2 Assess BMPeffectiveness as a functionof pollutantremoval efficiency,flowicapacity,insta llationcosts, maintenance costs, and environmentalconditionsand restraints. (8-6.4.2)

6.3 Prepare and submit a summaryreport to the COUNTYincludingwater qualitydata and results of the analysis. (8-6.4.3)7. Project Assessment and Future Planning(B-7)7.1 Assess the Project according to criteria andmetrics developed in the PAEP. (B-

7.1)7.2 Conduct futureplanning, includingdevelopment of a plan for continuationof theProject, includingfutureBMP implementationbased on pollutionload reductionforecasts generated frommodels developedby SFEI as paft of the CriticalCoastalAreaPilotProject- Phase 2 SWRCBgrant agreement and calibratedwithdata from this Project. (B-7.2)7.3 Prepare a Project assessment and futureplanning report and submit to thecouNTY.(B-7.3)

3. Pavmentsln considerationof the services provided by SFEI in accordance withall terms, conditions andspecificationsset forthherein and in ExhibitsAand B, the COUNTYshall make payment toSFEI in the manner spcifiedherein and in ExhibitC. The COUNTYreserves the righttowithholdpayment ifthe COUNTYdetermines that the quantity or qualityof the workpeormedis unacceptable. ln no event shall the COUNTY'stotal fiscalobligationto SFEI under this MOUexceed FOURHUNDREDNINETYTHOUSANDDOLLARS($490,000).

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4. Term and TerminationSubject to compliancewithall terms and conditions, the term of this MOU shallbe from June28,201 1 throughMay 1,2015. However, allworkshall be completed by March31 , 2015 asspecifiedin ExhibitA.

This MOUmay be terminatedby SFEI,the COUNTYManager, or his/her designee at any time

withouta requirementof good cause upon thirty(30) days'writtennotice to the other party.ln the event of termination,all finishedor unfinisheddocuments, data, studies, maps,photographs,reports, and materials (hereafter referred to as materials) prepared by SFEIunderthis MOUshall become the property of the COUNTY and shallbe promptlydelivered to theCOUNTY.Upon termination,SFEI maymake and retain a copy ofsuch materials.Subject toavailabilityof funding,SFEI shall be entitledto receive payment for work/servicesprovidedpriorto terminationof the MOU.Such payment shall be that portionof the fullpayment whichisdeterminedby comparingthe worUservicescompleted to theworUservicesrequiredby theMOU.

5. Availabilitvof FundsThe COUNTYmay terminatethis MOU or aportionof the services referenced in theattachments and exhibitsbased upon unavailabilityof Federal, State, or COUNTYfunds, byprovidingwrittennotice to SFEI as soon as is reasonablypossible after the COUNTYlearns ofsaid unavailabilityof outside funding.

6. Relationshipof PartiesSFEI agrees and understands that the work/servicespedormed under this MOUare performedas an independent contractorand not as an employee ofthe COUNTY andthat SFEI acquiresnone of the rights, privileges,powers, or advantages of COUNTYemployees. The COUNTYand SFEIaccept and agree to complywithall terms, provisions, conditions,and commitmentsofthis MOU,includingall incorporated documents,and to fulfillall assurances, declarations,representations, and commitmentsnot amended by ExhibitAmade by the COUNTYin the

application,accompanyingdocuments,and communications filedin supporlof the request forProposition 84 grant funding.

7. Hold HarmlessSFEI shall indemnifyand save harmless the COUNTY,its officers, agents,employees,andservants fromall claims,suits, or actions of every name, kind, anddescription,brought for, or onaccount of: (A)injuries to or death of any person, includingSFEI, or(B)damage to any propertyof any kindwhatsoeverand to whomsoever belonging,(C) any sanctions, penalties, or claimsofdamages resulting fromSFEI's failureto complywith therequirements set forthin the Healthlnsurance Portability andAccountabilityAct of1996 (HIPAA)and allFederal regulationspromulgated thereunder, as amended, or (D)any other loss or cost, includingbut not limitedtothat caused by the concurrentactive or passive negligenceof the COUNTY,its officers,agents,

employees, or servants, resultingfrom theperformance

of anyworkrequired of SFEI orpayments made pursuant to thisMOU,providedthat this shall not applyto injuries ordamagefor whichthe COUNTYhas been found in a court of competent jurisdictionto be solelyliablebyreason of its own negligenceor willfulmisconduct.

The dutyof SFEI to indemnifyand save harmless as set forthherein, shall include the duty todefend as set forthin Section 2778 of the California CivilCode.

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lfa dispute arises between the Parties concerning the interpretationor operation of this MOU,any party may request mediationby providingthe other party withwrittennotice of such request.No party is obligatedto enter mediation.Nevertheless, ifthe Parties mutuallyagree to entermediation, the Parties shall attempt to agree upon a single mediator, and the costs of mediationshall be borne equallyby the Parties. Anyefforts at mediation shall conclude withinninety (90)days after the writtennotice, unless the Padies mutuallyagree to extend the timeperiod frthemediation.9. Assiglabilityand SubcontractinqSFEI shall not assign any tasks identfiedin this MOUto a thirdparty or subcontract witha thirdparty to provide services required by SFEIunder this MOUwithoutthe priorwrittenconsent ofthe COUNTY.Anysuch assignment or subcontract withoutthe COUNTY'spriorwrittenconsentshall give the COUNTYthe rightto automaticallyand immediatelyterminate this MOU.

10. lnsuranceSFEI shall not commence workor be required to commenceworkunder this MOUunless anduntilall insurancerequired under this paragraph has been obtained and such insurance hasbeen approved by Risk Management, and SFEI shall use diligence to obtain such insuranceand to obtain such approval.SFEI shall furnishthe COUNTYwith certificatesof insuranceevidencingthe required coverage, and there shall be a specific contractual liabilityendorsementextendingthe SFEI's coverage to include the contractualliabilityassumed by SFEIpursuant tothis MOU.These cedificatesshall specify or be endorsed to providethat thirty(30) days' noticemust be given, in writing,to the COUNTYof any pendingchange in the limitsof liabilityor of anycancellationor modificationof the policy.

(A)Worker'sCompensation and Employer's Liabilitvlnsurance SFEI shallhave in effectduringthe entire lifeof this MOUWorkers'Compensation and Employer's Liabilitylnsuranceprovidingfullstatutory coverage. ln signing this MOU,the SFEI ceftifies,as requiredbySection 1861 of the CaliforniaLabor Code, that it is aware of the provisionsof Section 3700of the CaliforniaLaborCode whichrequires every employer to be insured against liabilityfor Worker'sCompensation or to undeftake self-insurancein accordance wifhtheprovisionsof the Code, and willcomply withsuch provisions before commencingtheperformanceof the workof this MOU.

(B)Liabilitvlnsurance SFEI shall take out and maintain during the lifeof this MOUsuch BodilylnjuryLiabilityand Property Damage Liabilitylnsurance as shall protect him/herwhileperformingworkcovered by this MOUfromany and all claimsfordamages forbodilyinjury,includingaccidental death, as wellas any and all claimsforproperty damage whichmayarise fromcontractors operationsunder this MOU,whether such operations be byhmself/herselfor by anysub-contractoror by anyone directlyor indirectlyemployedbyeither of them. Such insurance shall be combined single limitbodily injuryand propertydamage foreach occurrenceand shall be not less than the amount specified below.

Such insurance shall include:(i)Comprehensive General Liability(ii)MotorVehicleLiabilitylnsurance(iii)ProfessionalLiability

The COUNTYand its officers,agents, employees and servants shall be named as additionalinsured on any such policiesof insurance, whichshall also contain a provisionthat theinsurance afforded thereby to the COUNTY,its officers,agents, employees and servants shall

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be primaryinsurance to the fulllimitsof liabilityof the policy,and that ifthe COUNTYor itsofficersand employees have other insurance against the loss covered by such a policy,suchother insuranceshall be excess insurance only

ln the event of the breach of anyprovisionof this section,or in the event any notice is receivedwhich indicatesany required insurance coverage willbe diminishedor canceled, the COUNTYat its option, may, notwithstandingany other provisionof this MOUto the contrary, immediatelydeclare a materialbreach of this MOUand suspend all furtherworkpursuant to this MOU.

11. Compliance withLaws:Payment of Permits/LicensesAllservices to be performedby SFEIpursuant to thisMOUshall be performed in accordancewith allapplicable Federal,State, County, and municipallaws, ordinances and regulations,including,but not limitedto, the Health lnsurance Portabilityand AccountabilityActof 1996(HIPAA),and the Federal Regulationspromulgatedthereunder, as amended, and willcomplywith theBusiness Associate requirements set forth in AttachmentH, and the AmericanswithDisabilitiesActof 1990, as amended, and Section504 ofthe RehabilitationActof 1973, asamended and attached hereto and incorporatedby reference herein as Attachmentl, whichprohibitsdiscriminationon the basis of handicapin programs and activities receivinganyFederal or Countyfinancialassistance. Such services shall also be performed in accordancewithall applicableordinancesand regulations,including,but not limitedto, appropriatelicensure,certificationregulations,provisions pertainingto confidentialityof records, andapplicable qualityassurance regulations.ln the event of a conflictbetween the terms of thisMOUand State, Federal, County,or municipallaw or regulations, the requirements of theapplicablelaw willtake precedence over the requirements set forthin this MOU. Further,SFEIceifies that SFEIand all of its subcontractors willadhere to all applicableprovisions of Chapter4.106 of the COUNTYOrdinanceCode, whichregulates the use of disposable foodserviceware.

SFEI willtimely andaccurately complete, sign, and submitall necessary documentationofcompliance.

Non-Discriminationand Other RequirementsSection 504 applies onlyto Contractors whoare providingseryices to members of thepublic.SFEIshall complywith$ 504 of the RehabilitationAct of1973, whichprovides thatno othenryise qualifiedhandicapped individualshall, solelyby reason of a disability,beexcluded from theparticipationin, be denied the benefits of, or be subjected todiscriminationin the performance of this MOU.

General non-discrimination.No person shall,on the grounds of race, color, religion,ancestry, gender, age, national origin,medicalcondition,physicalor mental disability,sexual orientation,pregnancy, childbirthor related medical condition,marital status, orpoliticalaffiliationbe denied any benefits or subject to discriminationunder this MOU.

Equalemploymentopportunfy.SFEI shall ensure equal employment opportunitybased onobjective standardsof recruitment, classification,selection,promotion,compensation,performanceevaluation,and management relations forall employees under this MOU.SFEI's equal employmentpoliciesshall be made available to the COUNTYupon request.

Violationof Non-discriminationprovisions.Violationof the non-discriminationprovisionsofthis MOUshall be considereda breach of this MOUand subject SFEI to penalties, to bedeterminedby the COUNTYManager, includingbut not limitedto:

12.(A)

(B)

(c)

(D)

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(i) terminationof this MOU;(ii)disqualificationof the SFEI frombeing awarded a COUNTY contractfora periodof up to three (3) years;(iii)liquidateddamages of $2,500 per violation;(iv)impositionof other appropriatecontractual andcivilremedies and sanctions, as

determinedby the COUNTYManager.To effectuate the provisions of this section,the COUNTY Manager shallhave the authorityto examine SFEI's employmentrecords with respect to compliance with thisparagraphandlor toset off all or anyportionof the amount described in this paragraph againstamounts due to SFEIunder the MOUor any other MOUor contractbetween SFEIand theCOUNTY.

SFEIshall report tothe COUNTYManager the filingby any person in anycourlof anycomplaintof discriminationor the filingby any person of any and all charges withthe EqualEmploymentOpportunityCommission, the Fair Employmentand Housing Commissionorany other entity chargedwith theinvestigationof allegations withinthirty(30) days of such

filing,providedthat withinsuch thirty(30) days such entity has not notified SFEIthat suchcharges are dismissedor othenryise unfounded. Such notification shall includethe name ofthe complainant,a copy of such complaint,and a descriptionof the circumstance. SFEIshall provide the COUNTYwitha copy of their response to the Complaint when filed.

(E) CompliancewithEqualBenefitsOrdinance. Withrespect to the provisionof employeebenefits,SFEI shall comply withthe COUNTY Ordinancewhichprohibitscontractors fromdiscriminatingin the provisionof employee benefitsbetween an employee witha domesticpartner and an employee witha spouse.

(F) SFEI shall comply fullywith thenon-discriminationrequirementsrequired by 41 CFR 60-741.5(a), which isincorporatedherein as iffullysetforth.

13. Compliance withContractorEmplovee Jurv Service OrdinanceSFEI shall comply withthe COUNTY Ordinancewithrespect to provisionof juryduty pay toemployees and have and adhere to a writtenpolicythat provides that its employees shallreceive from the SFEI, on an annual basis, no less than fivedays of regular pay foractualjuryservice in San Mateo County. The policymay provide that employeesdeposit any fees receivedfor such juryservice withthe SFEIor that the SFEI deduct fromthe employees' regular pay thefees received for juryservice.

14. Retention of Records.Riqht to Monitorand Audit(A)SFEIshall maintainall requiredrecords for three (3) years after the COUNTYmakes final

paymentand all other pendingmatters are closed, and shall be subject to the examination

and/oraudit of the COUNTY,a Federal grantoragency, and the State of California.(B)Reporting andRecord Keeping:SFEI shall complywithall programand fiscal reporting

requirementsset forthby appropriateFederal, State and local agencies, and as requiredbythe COUNTY.

(C) SFEI agrees to provide to the COUNTY,to any Federal or State department havingmonitoringor reviewauthority, tothe COUNTY'sauthorizedrepresentatives, and/or theirappropriateaudit agencies upon reasonable notice,access to and the rightto examineall

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records and documentsnecessary to determine compliance withrelevant Federal,State,and local statutes, rules and regulations,and this MOU,and to evaluate the quality,appropriateness and timelinessof services performed.

15. MerqerClausehis MOU, includingthe Exhibitsattached hereto and incorporated herein by reference,constitutes the sole MOUof the paies hereto and correctly states the rights, duties, andobligations ofeach party as of this document'sdate. ln the event that any term, condition,provision,requirementor specificationset forthin this body ofthe MOUconflicts withor isinconsistent withany term, condition,provision,requirement or specificationin anyexhibitand/or attachment to this MOU,the provisions of this bodyof the MOUshall prevail.Anyprioragreement, promises,negotiations,or representations between the parties not expressly statedin this document arenot binding.All subsequentmodificationsshall be in writing andsigned bythe parties.

16. ControllinqLaw and Venuehe validityof this MOU andof its terms orprovisions, as wellas the rights and duties of theparties hereunder, the interpretation,and performance of this MOUshall be governedby thelaws of the State of California.Any disputearising out ofthis MOUshall be venued either in theSan Mateo County Superior Courtor in the United States DistrictCourt forthe Northern Districtof California.

17. Public lnformationRelease.No party willunilaterallypublish a jointpublicationwithoutconsulting the other party. Thisrestrictiondoes not applyto popularpublicationof previouslypublished technicalmatter.Publicationpursuant to thisMOUmay be produced independently or in collaboration withothers; howver, in allcases proper credit willbe given to the effortsof those partiescontributingto the publication.ln the event no agreement is reached concerning the manner ofpublicationor interpretationof results, any party may publish data after due noticeandsubmissionof the proposed manuscripts to the other parties. ln such instances, the partypublishingthe data willgive due credit to the cooperation but assume fullresponsibilityfor anystatements on whichthere is a difference ofopinion.

18. NoticesAnynotice,request, demand, or othercommunicationrequired or permitted hereunder shall bedeemed to be properly givenwhen (1) transmittedvia facsimileto the telephonenumber listedbelow, (2) electronicmail, or(3) either deposited in the UnitedState mail,postage prepaid,orwhen deposited forovernightdeliverywith anestablished overnight courier that provides atrackingnumber showingconfirmationof receipt, fortransmittal,charges prepaid, addressed to:

ln the case of the COUNTY,to:

James C. Porter, ProjectDirectorCounty ofSan Mateo Departmentof Public Works555 County Center,5th FloorRedwood City,CA 94063-1665Phone (650) 599-1421Fax (650)361-8220e-mail:[email protected]. ca. us

G:\USERS\UTILITY\Watershed_Protecton\Fitzgerald\ASBS\Prop84\Grant\MOU\SFEIMOU doc


14/94

ln the case of SFEI, to:

Rainer Hoenicke,Executive DirectorSan FranciscoEstuary lnstitute7770 Pardee Lane, 2nd FloorOakland,CA 94621-1424Phone (510) 746-7381Fax (510)746-7300e-mail:raner@sfei. org

INWITNESSWHEREOF,THE PARTIESHERETO HAVEENTEREDINTOTHISMEMORANDUMOF UNDERSTANDING:

COUNTYOF SANMATEO SANFRANCISCOESTUARYINSTITUTE

By: By:CountyManager/Clerkof the Board of Executive DirectorSupervisors orDesignee

Date:

ATTEST:

Deputy Clerkof the Board of Supervisors

Date:

By:

G:\USERS\UTlLlT\ Watershed_Protection\Fitzgerald\ASBS\Prop 84\Grant\MOU\SFEI_MOUdoc


15/94

ExhibitA- SWRCBGrantAgreementNo"10402-550

G:\USERS\UTlLlT\lwatershed_Protection\Fitzgerald\iASBS\Prop84\Grant\MOU\SFEI_MOUdoc


16/94

t'iL4ljgris oNrv

DGS REGISTRATIONNO.

PROPOSITION84 AREASOF SPECIALBTOLOGTCALStcNtFtCANCE(ASBS)GRANT PROGRAMGRANTAGREEMENT

BETWEENTHESTATE WATERRESOURCESCONTROLBOARD,hereinaftercatted "State"or "State water Board"

AND

SANMATEOCOUNTY,hereinaftercailed ',Grantee,'

JAMESV. FITZGERALDASBS POLLUTIONREDUCTIONPROGRAM,hereinaftercalted"projecr,'

AGREEMENTNO. 1 0-402-550

The State and Grantee hereby agree as follows:Pnovtstolls).The followingprovision(s)authorze the State Waler Boardto enter into this type of GrantAgreement:

PublicResources code s 7s060 (Proposition84 clean Beaches lnitative)

PuRpose' The State shall providea grant to and for the benefit of Grantee for the purpose ot implementingthe James V.Fitzgerald4SBS FollutionReductionProgram, includingimplementationof targeted BesiManagementPractices (BMPs)and an education/outreachcampaign.

GnerurA-,loulr.The maximum.amount payableunder this Agreement shall nolexceed $2,300,000. GlobalpositioningSystem (GPS) locationsfor any monitoringmusl be identifie fc r this Project prior to any disbursements.

Tenn or AoReeulr.The term of the Agreement shall beginon MAY24, 2011 , and continue throughfinalpayment plusl!l1l-1,-"9e5) years untess otherwise terminated or amended as providedin rhe Agreement. HOWEVEn,nf-lWORKSHALLBE COMPLETEDBYMABCH31, 201 5. ABSOLUTELVNO FUNDSMAYBEREQUESTEDAFTERMAY1 ,2015.

PRoJEcr BEPRESENTATIVES..The ProjectBepresentatves duringthe term of this Agreement willbe:

1001 lStreet, 1

Directall inquiries to:

State Water Board Grantee: San Mateo CountvSection: Divisionof FinancialAssistance Section: Deoartment of PublicWorksAttention:MelissaMiller.Prooram Analvst Name: Julie Casaqrande, Grant ContactAddress: 'l 00'l I Street. 17'n Floor Address: 555 CounlvCenter. 5'n FloorCtty,Zip:Sacramento 95814 tlv, .9: ReclwoodGitv 94063Phone: (916) 993-3872 Phone: (650) 599-1457Fax: (916) 341-5296 Faxr (650) 361-8220e-mail: [email protected] e-mail: [email protected]

Ether party may change its Project Bepresentativeupon writtennotce lo the other party.


17/94


18/94

A

San Mateo CountyStale Water Board Grant AgreementNo.10-a02-5S0

PageS o 22

EXHIBITASCOPE OF WORK- WORKTO BE PERFORMEDBYTHE GRANTEE

PLANSANDGENERALCOMPLIANCEREQUIREMENTS

1. alWater eualityControl er Board)or conducted,GPS inlor andProject prior to anydisb

2- The Grantee shall prepare and submita Moniloringand Reporting Plan (MRp)that does all ofthellutionto be prevented or reduced by the project;2)e environmentto be addressed; 3) describes theenting or reducingpollutionand in demonstrating themonitoringprogram,including,but not limitedto, the

(.

The MRPshall be organzed as follows,and may be submittedas separate documents or in one report.

2.1 Proiect Assessment and EvaluationThe Project Assessment and EvaluationPlan (PAEP) describes lhe manner in which the projectwillbe effective in preventingor reducing pollutionand in demonstrating the desired envirnmentalresults, The PAEP detals the methods of measuringand reportingProject benefits. ApAEpwill

charges and high threat discharges to be reduced or eliminated by thell notimplementmonitoringand performanceassessment and/orPAEP approvalby the Grant Manager. Guidance forpreparing the pAEp

2.? MonitorinoPlanAllprojects must prepare a MonitoringPlan (MP).Ata minimum,all Mpsmusl: 1) describe

thebaseline water qualityor qualityof the environmentto be addressed; 2) identiyth non-pointsource(s) of pollutionto be preventedor reduced by the Project; 3) be consistnt witnregionalmonitoringeffofisand methods;and, 4) provideGS informationfor all samplinglocations.

The MP must includea descriptionof the monitoringprogramand objectives, types of constituentsto be monitored, methodology,the frequencyand duiatioiof monitoring,the smplinglocation forthe moniloringactivities,and a discussionoi how monitoringis related t- existing'regionatmonitoringefforts.The MPmust also include a map showg the proposed ronitorigsites, alongwilhexisting regionalmonitoringand other criticalmonitoring-etforts.

Anycosls related to monitoringdata collectedpriorto and not supportedby the approvedMpwillnot be reimbursed. Changes to the MP mustbe submittedto the rant trrtnagei'tr reviewand a

2-3 Qualitv AssuranceProiect Planlfwater qualitymonitoringis undertaken,the Grantee shall also prepare, maintain, and implementaQualAmbQAPmoni IAssurance Officer forreviewand a decision re-data collectedpriorto and not supported by the approved OAPp willnolbe rembursed. Guidance

I.L/li 1 I ''ta -1.'5 :, \J


19/94

forpreparingthe eApp is available at:

sr ate w are r Bo ard G ra nr n g r,",.n "sn?ft

y isif-'*tPage 4 of 22

The Grantee shall upload a pdf version of the finalapproved document(s)to the FinancialAssistance AppticationSubmittat Toot (FAASTsysrm.---

2.4 Data Manaoement

constitutea breach of a materiar provision of this Agreement.

4' lf landowneragreements are required, signed copies must be submitted to the Grant Manager beforeworksbegins5' lfpermitsare required,the permitsmust be obtained and signed copies submitted to the GrantManagerbefore workbegins.6' state DisclosureRequirements- lnclude the followingdisclosurestatement in any document,writtenreport' or brochureprepared in whore or in part pursunt to this Agreement:

s_been providedin he State WaterThe contents of thiResources contror views andproductsconstituteendorsement or recommendati or commercial

signage shall be posted in a prominent localionat Project site (ifapplicable) or at the Grantee,sheadquarters and shall includethe state water Boardoroibgl"ur"i,n rh",} Anatyst):

Water Boardsand the followingdisclosurestatement:

"Funding for this prdect has been providedin fullor in part throughan agreement withthe state waterResources ControlBoard.,'

7 ' The Grantee shall also includein each of its contracts for work under this Agreementa provision thatincorporatesthe requirementsstated withinthis rxhibt.(Gov. c;, s 7550)

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srare warer Board Granrng,"ur"llllyisi3;-'*iPage 5 of 22

B, PBOJECT-SPECIFICREQUIREMENTS1. Project Management

1'1 Finalize and submit the projectworkpran ro the Grant Manager.

1'2 Establish and convene a TechnicalAdvisoryCommittee(TAC),whichshall meet and submitmeetng notes to the Grant Manager bi_annually.2. PilotBMPs

2.1 Design and Construction2'1-1 Prepare and submit an implementationschedule to the Grant Manager.2'1'2 Conduct ecessary geotechnical,utility,and hydrologicinvestigations,and report findingstothe Grant Manager.2'1 '3 Develop design criteria,standards, and plans for installation,construction, and maintenanceof selected pollutantreductiondevices/practices,and submii"pptou"dplns anO

specifications to the Grant Manager.2.1.4 Submit Notice to proceed to the Grant Manager.2'1'5 lmplement pilotBMPsin accordance withapprovedplans and specificationsat a minimumof ten (10) locations,includinghigh threat siorm drain discharges anO Oree parkingLotatthe James V. FitzgeraldMarine Reserve.

2.2 Monitoring2'2'1 DocumenlBMPefficacyby conductng water qu.ality monitoringat the pilotBMpsites (pre-and post-implementationand/or upstram and'dowstream)iriaccordnce*trrne Opp,Mp,and SWAMpguidelines.2'2'2 Gonduct pre-and post-conslructonphoto documentationat the pilotBMp

sites, and submitto the Grant Manager.2.3 Analysis

2'3'1 Analyzewater qualitydata, includingsummarystatistics, calculation of pollutant loading andremoval, and graphs of the water data.2'3'2 Asses BMPeffectvenessas a functionof pollutantremovalefficiency,flow/capacity,installationcosts, maintenancecosts, and environmentalconditions n restraints.2'3'3 to the Grant Manager showingwater qualitydata, photo

s of the anarysis, incrudingrecommendatios for uprand storm

3. Storm Drain lnventoryand Assessment3'1 lnventorystorm water drainage features along county-maintainedroads in the unincorporaledcommunitiesof the midcoast (approximatelyseventy+ive[7S] tinear mites usinj C.3.2 Develop geographicinformationsystems (GlS)data.

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state w ate r Boa rd G ranr ns'. r,"sn

ft y iS :,ff-'r'iPage 6 ol 22

3'3 Conductan assessment of the storm drain system includingthe identificationof problemareas forerosion, sedimentaccumulation,litter,and diainage deficie-ncies tor muttiftrto-J i"rrrrn.,intervalsand a feasibilityinvestigation for removirigOirectSASoisctrarg..--- -3'4 Developa prioritizedlist for.syslemstructureupgrades and storm water BMpimplementationsitesbased on feasibilityand poiluiionreducrion pottiat.3'5 Submita summaryreport to the Grant Manager sh-owing recommendations, projectdescriptions,and cost eslimates forstructureupgrades a i g/p imp"lementation.

4- Pathogen Source TrackingStudy4'1 Conductpathogen source tracking,includinggenetcanalysisand indicatorbacteriamonitoring,infive(5) drainages duringdry and wet weathrlaccoroinjtlonnp, Mp,ano swr, guidetines.4'2 Analyzethe data to determine the primarysources of pathogen contamination, prepare a summaryrepon, and submilto the Grant Manager.

5. Educationand Outreach5'1 Design and distrbu'te

three(3)ASBS

newsleflers,one each in May of 2o1z,2o1s,and2014, to midcoast residents and landowners,and submita copy to the Grant l,rianager.5'2 Developan AS.BSwebsite wth packaged web content for postingat partner agency web sites, andforwardthe web linkto the Grant Manager.5'3 Conduct a communtysurvey on nonpointsource (NPS) knowledge, perceived midcoast waterqualityproblems, willingnessto parriipate, and idas tr wter quatv improuemntssubmitsurvey results to the Grant Manager.5.4 Host aresiden lopers, contractors,landowners,harvest .for reducingrunoffandilable on the ASBSwebsite,Submit Grant Manager.

5'5 lnstallnlerpretivesigns at the James V. Fitzgerald Marine Reserve Green parkingLotand subrnitphoto documenlationto the Grant Manager.6. Targeted UplandBMps

6.1 Designand Constructionof Upland Storm DrainBMps6'1"lPrepare a list of upland stormdrain BMPs based on results of rhe pilotBMps,storm draininventoryand assessment, and pathogen source rrackingstudy.6.1 -2 Prepare and submit an imprementationschedure ro the GrantManager.6'1'3 Conductnecessary geotechnical, utilily,and hydrologicinvestigations and report findingstothe Grant Manager.

6'1'4 nvelop design criteria,standards, and plans for installation,construction,and maintenanceof selected pollutantreduction devicesipraclices,and submiipprovea ptans anJ- --specificationsto the Grant Manager.6.1.5 SubmitNotice to proceed to the Grant Manager.6'1'6 lmplementupland storm drain BMPs at between ten (10) to twenty (20) sites in accordancewithapproved plans and specifications.

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state water Board Granrns.""r"sn1yiSiff-"iiPageT ol22

6.2 Design and Constructionof Upland privateBMps6.2'1 Prepare a writtenplan identifying prioritiesfor BMPimplementation, and submit an

implementation schedule to the Grant Manager.

6.2-2 Recruit and select upland privateBMPprojectsthrough targeted outreach to residentiallandownersand agriculturaloperators. Oulreach willindudle letters, flyers,press releases,e-mailListServs, and an invitationat the LIDworkshop.

6.2.3 Develop and distributean applicationpacket to solicitproposals fromlandowners who wishto implementBMPson theirproperty.

6.2.4 Create and convene a selectioncommittee to reviewand prioritizeprojects that willreceivefundingand technicalassistance, and make recommendationsto lhe ResourceConservationDistrict(RCD)staff forprojectseleclion.

6.2.5 Obtain signed agreements fromlandowners acknowledgingtheir willingnessto partcipale inmonitoringand reporting as wellas their responsibilityto maintain instled practices. '

6.2.6 Develop designs, projectplans, and cost estimates for the specific BMPs recommendedforfunding,

and submit finaldesigns and plans to the Grant Manager.6,2.7 Submit the Noliceto proceed to the Grant Manager.6'2'8 lmplement between ten (10) to twenty(20) upland prvateBMPs inaccordance with

approvedplans and specifications.

6.3 Monitoringof Upland BMPs6'3.1 Conduct waterqualitymonitoringat the upland BMPsites (pre- and post-implemenaton

andlor upslream and downstream)and documentBMPefficacyin accordance withtheQAPP, MP, and SWAMpguidetines.

6'3'2 Conduct pre- and post-constructionphoto documentationat the upland BMpsites inaccordance with State WaterBoard guidelines,and submit to the Grant Manager.

6.4 Analysis of Upland BMPs6.4.1 Analyze walerqualtydata, includingsummarystatistics, calculationof pollutant loading and

removal, and graphicaldisplays.

6-4-2 Assess BMPeffectivenessas a functionof pollutantremovalefficiency, flow/capacity,installationcosts, maintenance cosls, and environmentalconditions ad restrainls.

6'4.3 Prepare a summaryreport, to include water qualitydata, photo documentation, and resultsof the analysis, and submitto the Grant Manager.

7. ProjectAssessment and Future Planning7.1 Assess the Project accordingto criteriaand metrics developed in the pAEp.7.2 Conduct fulureplanning,includingdevelopmentof a BMPOperationand Maintenance plan;a planforcontinualionof the PollulonReductionProgram,includingfuture BMPimplementation,basd onpollutionload reductionforecasts generated frommodels developed by San Francisco Estuary

lnsttute (SFEI)as part of the CriticalCoastalAreaPilotProject - Phase 2 State Water Board granlagreement, and calibratedwthdata fromthe current study; and assessment of county policieJbased on informationgained fromthis project.

7 -3 Prepare a Project assessment and future planning report and submitto the Grant Manager,

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23/94

San Mateo CountyState Water Board Grant AgreementNo. 10_102_SS0

Page I of 22

TABLEOF ITEMSFORREVIEW

Item DESCRIPTION FITICALDUEDATE

ESTIMATEDDUEDATE

EXHIBITA-SCOPE OF WOBK-A PLANSANDGENERALCOMPLIANCEREQUIREMENTS1 GPS informationforProject site and monitoringlocations Day 902.1 Project Assessment and EvaluationPlan (pAEp) Day 902.2 MonitoringPlan (MP) Day 902.3 QualityAssurance ProjectPtan (QAPP) Day 90J. Copyof finalCEQA/NEPADocumentatio 9115/114. LandOwner Agreement(s) September 20135 ApplicablePermits As requiredB. PHOJEGT-SPECIFICREQUIREMENTS1 ProjectManagement1.1 Prolect Work Plan July 2011

1.2 TACMeeting NotesBi-annually

September andMarch

2. PilotBMPs

2.1.1 lmplementationSchedule September 20112.1.2 Fleport Findings September 20112.1.3 Desgn Plans and Specifications February20122.1.4 Noticeto Proceed June 20122.2.2 Pre- and Post-ConstructionPhoto Documentation November201 22.3.3 AnalysisSummaryReport Marcli20123. Storm Drain lnventoryand Assessmenl35 Storm Drain lnventoryand AssessmentSummary Feport* December201 24. Pathogen Source TrackingStudy4.2 Pathogen Source TrackingStudy-umrnaryneport

-December20'12

5. Education and Outreach

51 ASBSNewsletters May2O12,2013,2014

5.2 Web Linkto ASBSWebsiteSeptember 20125.3 Survey Resulls September 2012

54 Agendaand Workshop Materials September 20125.5 Photo Documentationof lnterpretiveSigns and Exhibits October20'146 Targeted UplandBMPs6.1.2 lmplementationSchedule March 2013

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24/94

San Mateo CountyState Water Board GranlAgreement No. 10-402-550

Page 9 of 22

Item DESCRIPTION GRITICALDUEDATE

ESTIMATEDDUEDATE

EXHIBITA- SCOPE OF WORK- WORKTO BEPEFFOM6.1.3 Report Findings March2013

6.1.4 DesignPlans and Specifications April20136.1.5 Notice to Proceed June 20136.2.1 lmplementaton Schedule March20136.2.6 Design Plans and Specifications April20136.2-7 Notice to Proceed June 20136.3.2 Pre- and Post-Construction Photo Documentatin November20146.4.3 AnalysisSummary Beport December 20147. Project Assessmenl and Future Planning7.3 Project Assessmenl and Future elannin$leport December 2014

EXHlBlTB-lNVolclNG,BUDGETDETAlL,ANDREPoRTlNGRffiA INVOICING QuarterlyF HEPORTS

1

Prog ress Repo rts by the twe niiet?-O'Titm oni--followingthe end of the calendar quarter (March,June,Seplember, and December) Quarterly

2. AnnualProgress Summaries9130/20129130/2013913012014

. NaturalResource Projects lnventory (NRPI)ProjectSurveyFormBefore final

invoice4 DraftProject Report 1t31t20155. Final Project Report 3t1t20156. Final ProjectSummary 3t1t201s

7. Final Project lnspectionand Certification BeforeFnallnvoice

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srate w ate r Bo ard G ran r e g,.","sn

y iSiS.'r?tPage 10 of 22

EXHIBITBINVOICING,BUDGETDETAILANDREPORTINGPROVISIONS

A. INVOICING1' plate provided by the Stafe

Water Board. The invoiced in the Budget. The originalinvoiceshall be"uOrm"Oarterly bass consistent with the reportingscneul-i-

ittat is:

Ruben Mora, Grant ManagerState Water Resources CntrolBoardDivisionof Financial Assistancei001 I Street, 16rh FtoorSacramento, CAg5gl4

5' Notwithstandingany other provisionof this Agreement, no disbursementshall be required at any timeorn any manner whichis in violationof, or in cotlictwittr,teoil i.t"t"tar., rules, or regulations, orhich may require any rebates to the Fede_ral covernmet,;;;ytoss of t""-ritius stare bonds,ursuant to any Federal statute or regulation.ethAtsn

7. The invoice shallcontan the followinginformation:a. The date of the invoice;b. The time period covered by the invoice,i.e., the term ,Trom'and ,,to,,;c. The total amount due; and

t ? I ,lag


26/94

stare water Board Grant ngr""r"1yiSi8t-'*iPageltof22

d' Originalsignature and date (in ink)of Grantee or its authorized representative.e' Final invoice_shallbe clearly marked 'FINALlNVotcE"and submittedNo LATERTHANMAY 1,2015.

B. PROHIBITIONOF INDIRECTCOSTS

C. BUDGETCONTINGENCYCLAUSEThe maximum

amount to be encumbered under lhis Agreementforth_e2_010-l 1 fiscalyear endingJune 30, 201 1, shall not exceed rwoMlLLloNFtvE HurrronoiHousANDoolrdns tg2,s00,0oo).lf the BudgetActof theapproprate sufficientfushall be construed as aunder this Agreement.or to furnishanyprovsionsof thisrightof priorityfo

lf this Agreemenl's funding fo1nyfiscalyear is reduced or deleted by the Budget Acr,by Executiveorder, orv.99e' of the Department ot Finnce, the state .hlt;;"ir-o'on ro eirheicancerni"ngreerent withnoliabilityoccurringto the State, or offer an Agreementamendment lo the Grantee to reflect the reducedamount.

D, LINITEMBUDGET

Personnel Services

Operating ExpensesPermit Fees, MailingEducation Materials,Field and SamplingEquipment

Professionaland ConsultantServices

Constructon(ContractedServices)

TOTAL

PROP 84$ 393,700 $$ 17,300 $

$1,234,000 $

MATCH24,875

0

85,000

TOTAL$ 418,575

$ 17,300

$1,319,000

$ 880,125$2,635,000

$ 655,000

$2,300,000

225,125s 335,000

l-. ? 1 ,!t'19


27/94

E.

stat warer Board Granr ns,""r;1yiSiff-"iiPage 12 ot 22

BUOGETLINEITEMFLEXIBILITY

1. Line ltem Adjustment(s).Subject to the prior review and approval of the Grant Manager,adjustmentsbetween existing lineitem(s)may be used to defrayallowable direct costs up to fitteepercnt (1S%) ofthe totalgrantamount includingany amendment(s)thereto. Line itemadjusiments n excess of'fifteenpercent (15%) shall require a formalAgreementamendment. lfthe Line itemBudget includes an amountforPersonnel Services, that amount is based on the hours, classifications, and rats submitted by theGrantee in its application.Anychanges to the hours, classifications,and rates must be approved, inadvance and in writing,by the GrantManager.

2. Procedure to Request an Adiustment,Grantee may submita request for an adjustment inwritingto thease or decrease the lotalgrant amount allocatedpera originalAgreementBudget sheet reflectingthe. king the originalamount(s)followedwith revisedn ents deletinga budget line item or adding a new

budget line ilem requires a formalamendment and are not permissible under lhisprovison]The StateWater Board may also propose adjustments to the budget.

3. RemainingBalance. ln the event the Grantee does not submitinvoices requesting all of the fundsencumbered under this Grant Agreement,any remaining funds revert to the State. The State Water Boardwillmail a Notice

of ProjectComplelionletter to the Granlee stating that the Project file isclosed, the finalinvoiceis being processed forpayment,and any remaining balanc willbe disecumbered andunavailable for furtheruse under the GrantAgreement.

MATCHFUNDS

The Grantee agrees to providematch funds in the amount of THREEHUNDREDTHtRTY-FIVETHOUSANDDOLURS($335,000.00)for this Project.This amountof matchfunds isbased on theclassifications (i.e.,Lineltem Budgetcategories), funding sources, and amounts submitted by theGrantee in itsapplication.Anychanges in amountor adjustments in classifications or sources must beapproved, inadvance and in writing,by the Grant Manager.

G. REPORTS1' PROGRESSREPORT, Grantee shall submitquarlerlyprogress reports to the State Water Board's

GrantManagerby the twentieth(20th) of themonth foilowing-tee-nd of th'ecalendar q*n;r(March,June,September, and December).a' The progress reports shall providea brief descriptiono the workperformed, accomplishmentsduring

the quarter, milestonesachieved, monitoringresults (ifapplicable), and any problenisencountered inthe peormance of the workunder this Agreement.Grantee shall documeniall contractor activitiesand expendituresin progress reports.

b' ort. The invoiceshould reflectcharges for the worky progress report.The invoicecannot be paid priornvoicereporting period.

2. ANNUALPROGRESS SUMMARIES.Prepare and provide an annual progress summary bySeptember 30,2012,September 30, 2013, and September 30, 20'14. ine summarymut be no morethan two(!)Rages, and shall includepicluresas appropriate. Upload an electronic copy ofthe AnnualProgress Summaryin pdf format to the FAASTsystem. The summaryshall include thiollowing;a' A summaryof the conditions theProject is meant to alleviate, lhe Project's objective, the scope of lhe

Project, and a descriptionol the approach used to achieve the Projeci'sobjeciive.

b' A summary of the progress made to date, significantmilestonesachieved,and the current scheduleof completingthe Project.

F.

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stare w ater BoardG rant on,"","1

l,yiSi3;-'*tPage 14 ot 22

h. lnclude appropriatephotos and graphics.i. A listof items submittedas outlinedin the Table of ltems forReview.j. Anyadditionalinformationthat is deemed appropriate by the Project Directoror Grant Manager.

5. fina addresses, fo the extent leasible,on t Report. Submit one (1) reproducibleal. copy of the iinalreport'indf formatto

6.FR f summaryof the informationcontained inlhe FinalprojectS appropriate.Uploadan electronic copyof the Finalprject

7. FINALPROJECT INSPECTIONANDCERTIFICshall provide fora finalinspectionand shall certif

er'

8. The Grantee agrees to expeditiously provide,duringworkon the Projecl and throughout the rerm of thisAgreement, such reports,data, information,and ceftificationsthat my be reasonaly required by the StateWater Board.H. PAYMNTOF PROJECTCOSTS

The Grantee agrees that it willprovideforpayment of its fullshare of project costs and that all costsconnected withthe projectwillbe paid by the Grantee on a timelybasis.

I. AUDITDISALLOWANCESThe Grantee agrees it shall returnany audit disallowancesto the State Water Board.

J. FRAUDANDMISUSEOF PUBLICFUNDSAll invoicessubmitted shall be accurate and signed under penalty of perjury. Anyand all costs submittedpursant to this Agreementshall onlybe for the tasks set forth hrein. ne craniee snll nt submitanyinvoicecontaining costs that are ineligibleor have been reimbursed from orherfunCingrrr."runlessrequired and specificallynoted as such (i.reimbursement shall not be reimbursedfrany other eligiblecost is illegaland consliembezzlement, thett, orfunds and/or terminationAdditionally,the Deputy ncial Assistance may request an auditpursuant toExhibitC, paragraph 4 and refer the matter to the AttorneyGenerat's once orripropii"i"districtattorney'sotfce forcriminalprosecutionor the imposilionof civilliability.(Civ.Code, SS 1572-1579;pen. Code, SS 470, 4d9-490.)

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30/94

San Mateo CountyState Water Board Grant AgreementNo.10-402-SS0

Page 15 of 22

EXHIBITCGENERALTERMS&CONDITIONS

1. AMENDMENT:No amendment or variationof the terms of thisAgreementshall be validunless made inwriting,signed by the.parties and approved as required. No oral understandingor agreementnot incorporatedin the Agreementis bindingon any of the parties,

2' APPROVAL:The Grantee willnot proceed withany workon the Project untilauthorzedin writingby the StareWater Board.3" ASSIGNMENT:This .grant is not assignable by the Grantee, either in wholeor in part, withoutthe writtenconsent of the State Water Board.4. AUDIT:The Grantee agrees the State Water Board, the Bureau of State Audits, the Governorof the State, orthe , of the foregoinand s g to the prfoDivi c llloran audit othe ble to assure

an audit becomes necessary because of federal requirements. Where such an audit is called for, the auditshall be performedby a certifiedpublicaccountantindependenlof the Granlee and at the cost of the Grantee.The audit shall be in the form requred by the Division.The Grantee agrees to maintainsuch records for apossibleaudit fora miretentionis stipulated.business hours and tosuch records. Further wslaff in any contractrelated to performance of this Agreement,(Gov. Code, g 85a6.7; Pub. Contract Code, S i 01 15 et seq.)

5. BoNDING:Wherecontractors are used, the Grantee shall not authorizeconstructionto beginuntl eachcontractorhas furnisheda performancebond in favorof the Grantee in the followingamouns: faithfulperformance(100%) of contract value; laborand materials(100%) of contractvduel.This requirement shallnot apply lo any contract for less than $25,000.00. (Civ. Code, g SZ+Zet seq.; pub. ConlractCode, S 710g.)

6. CEQ/NEPA:

a. No worklhat is subject to the CaliforniaEnvironmentalQualityAct(CEQA)or NationalEnvironmentalPolicy Act(NEPA) may proceed under this Agreementuntildcumentstht satisfythe CEetuNEpAprocess are received.bythe Grant Managerand the State Water Board has givenenvironmentalclearance' No workthat is subiect to an EnvironmentallmpactReport or a itigatedNegativeDeclarationmay proceed until andunless approvedby the DeputyDirectorof te Divisio'n.Suchapprovalis fullydiscretionaryand shall constitulea conditionpreiedent to any work for whichit isryquired.Proceeding.withworksubject to CEQAand/or NEPA withoutenvironmentalclearance by theState Water Board shall constitutea breach of a raterialprovisionof this Agreement,

b. lf this Proiect includesmodificationof a river or stream channel, it must fullymitigateenvironmentalimpacts resulting fromthe modification.The Grantee mustprovidedocumntatinthat the environmentalmpacts resulting fromsuch modificationwillbe fully mtigatedconsideringallof the impactsof themodificationand any mitigation,environmentalenhancement, and enviromenlalbeneft resulting fromthe Projecl,and whether, on balance, any environmentalenhancement or benefitequals or exceds anynegativeenvironmentalimpactsof the project.

REGULATIONS,ETC.;The Grantee agrees that it will,at ail times, complywithnd subcontractorsto comply withall applicablefederaland state laws, ruiei,requirements. withoutlimitationof the foregoing,the Grantee agrees thal, to the

extent applicable,the Grantee willcomply withthe provisionsof the adoted environmentalmitgation planforthe term of this Agreement,or the useful lifeof the project,whicheveris longer.

7.

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state warer Board Grant ns,."r.sn1ftyiffi-"*iPage 16 ot 22

8' coMPUTERSOFT\ /ARE:The Grantee certifies_thatit has appropriatesystems and controls in place toensure that state funds willnot be used in the performanceof ihis greemnitoit"ririton,

opertino,maintenance of computer softwarein violationof copyrightlaws.

9' oONFLICToF INTEBEST:The Grantee certifiesthat it isin compliance withappticable state and/orfederalconflictof interest laws.10. CONTINUOUSUSE OF PBOJECT; LEASEOR Dt

as provided in the Agreement, t willnot abandon, sProject or any significant partor portion thereof duri

of the Dvisia conditionAgreement

1 1. DAMAGESFOR BREACHAFFECTINGTAXEXEMby the Grantee shallin an obligalonon ths, the Grantee shall i

damages paid by or loss incurred by the State due t

12' DATA MANAGEMENT:This Project includes appropriatedata management activitesso that projectdatacan be incorporated into appropriatestatewideOta'systems.13. ny

n

requirements of this Agreement. This clause does nothat nothing herein shall be conslrued to make finalthrepresentative thereof, on any question of law-

14. NG STANDARDS:The Grantee agrees rhat, at awillbe sufficientto permit tracing of grant funds to ands have not been used in violationf state law or this

generallyaccepted accountingprinciples, intain separate Project accounts in accordance with15' GOVERNINGLAW:Thisgrant is governed by and shall be interpreted in accordance withthe laws of theState of California.

16. GRANTEE'SRESPONSIB|L|TYFOR WORK:The Gror entities engaged in work performedpursuant to thsubcontractors, suppliers,and providersof services.disputes arising out of its conlracls forworkon the pcontractorsand subcontractors. The State willnot meentity concemingresponsibilityfor performanceof wor

fi, fl'r'.9


32/94

s tate w ater Bo a rd G ra nt ns," ", "snftyi8iSt-'iPage 17 of 22

17. INCOMERESTRIOTIONS:The Grantee agrees that any refunds,rebates, credits, or other amounts(includingany inlerest thereon) accruing to or received by the Grantee under this Agreementshall be paid bythe Grantee to the State, to the extent that they are properly allocable to costs for w-nch the Grantee hasbeen reimbursedby the State under this Agreemenf.

18- INDEPENDENTACTOR:The Grantee, and its agents and employees, ifany, in the performanceof thisAgreement,shall act in an independent capacity nd not as officeis,employes or agents of the State WaterBoard.

19. INSPEOTION:The State Water Board, lhe Bureau of State Audits, or any authorized representativeof theforegoing,shall have suitableaccess to the Project site at all reasonable tmes duringprject implementationand thereatter for the lifeof the Project to ascertain compliancewilhthis Agreement n iis goat. tneGrantee acknowledges that the Project records and localionare publicrecrds.

20' INSURANCE:Throughout the lifeof the Project, the Grantee shall provide and maintain insurance againstfire, vandalismand othelloss, damage, or destructionof the facilitiesor structures constructed pursunt tothis Agreement, ifany. This insurance shall be issued by a companyor companies admitted to transactlicyshall containan endorsement specifying thal thethout thirty(30) days priorwrittennotice to the Slate

ruction of the Project or any larger system of whichit s ao the reconstruction,repair or replacementof thetem. The Grantee shall begin such reconstruction,

expenses in connectionwithsuch reconsrruction, repair",1|jl'"'#:"J,::liLrti::i"ji#,i'.ff"*oand the larger system shall be free of allclaims and liens.

21 . NONDISGRIMINATION:

a. During the performanceof this Agreement,the Grantee and ilsconsultants and conlractorsshall notent against any employee or applicantfor employmenteed, nationalorigin,sexual orienlation,physicallity,medicalcondition(cancer), age (over 40), marital

b. The Grantee, its consultants,and contractorsshall ensure that the evaluation and treatmentof theiremployees and applicants foremploymentare free fromsuch discriminationand harassment.

c' The Grantee, its shall complywith the provisions of the FairEmployment andHousingAct(Go .) and the plicablergulations promutgated thereunder(cal. code Regs pplcable iegulations tne rai e mpio"ymentand HousingCommissionimp sec.ion 1299-0 (a-f), setforth in Chapteis of Djvision4 ofTitle2 of the CaliforniaCode of Regulations, are incorporatedint'o this Agreementby reference and madea part hereof as ifset forthin full.d' The Grantee, its consultants,and conlractorsshall givewrittennotice of their obligationsunder thisclause to labororganizationswith whichthey have a collectivebargainingor otheiAgreement,ifany.e- The Grantee shall nclude the nondiscriminationand complianceprovisionsof this clause in allsubcontracts to performworkunder the Agreement. Failure by the Grantee to cany out theserequiremenls and applicablerequirements of 40 C.F,R. part g

is a breach of a maierialprovisionof lhisAgreementwhichmay result in itstermination

22- NO THIRDPAHTYRIGHTS:The parties to this grant Agreementdo not create rights in, or grant remediesto' a.ny thirdparty as a beneficiaryof this grant Agreemet, or ofany duty, covena-nt, obligatinor undertakingestablished herein.

071-4zg


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srare w ate r Bo ard G ran t ng,"","sn

y iSiSt-'*iPage 18 ol ZP

23. NOTICE:

a' the Slate Water Board prior 1o conductingconstruction, monitoring,mplementationactivitiessuch that State Water goar nJlr Regi"onatWaterand documentsuch activites.t

ource. Should a rof the project,th I workinst has evaluated

rce, and the Divisionhas determined whatactionsThe Grantee agrees to implement appropriate

d' Discoveryof any unexpecled endangere.d or threatened species, as defined in the federal or californiaEndangered species Acts.shouldfederal or state prot.ro secies ;"t"dtyencountereddu.ringimplementationof the Project, the Grantee agre"" to prompllynotifythe "dio".Thisnotificationis in additionto the Grantee's obigations under the eoeral oi srar ndniere sptles ncts.

e' the State Water Board at least-ten (10) workingdays priorto any publicor mediaomplishmentsand/or results of this Agreementan piovidethe ilportunityfortionby State Waler Board's representatives.f' The Grantee shall promptlynotifythe state water Board in writingof completionof workon the project.g. The Grantee shall prompflynotifythe State Wate

24. OPERATIONS&MATNTENANCE:The Grantee shatconstructedor improved as part of the projectthroforwhichthis Grant was made. The Graniee assuand structures;the State Water Board shall not be lia

rance, and similarexpenses. ,,Maintenancecosts,,nature necessary to prolong the lifeof capitalassets

structures. sary to replace or reconstruct capitalassets or basc25. PERMITS,CONTRACTTNG,ANDDEBAHMENT:Th

necessary to accomplish the workcontemplatedin thinotices necessary and incidentalto the due and lawfu

der Executive Order 12549, "Debarment anddual or organization on USEpA'sListof Violating

'i 1429


34/94

San MateoCountyState Water Board Grant Agreement No.10-402_SS

Page 19 ol 22

Facilities.(40 CFR,Part 31.35;Gov. Code, $ 4477)www.eols.oov.The Grantee certifies to the best of itsknowledgeand belief,that it and its principals:

a. Arenot presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarilyexcluded by any federaldepartmentor Grantee;

b.Have not

withina three (3)-yearperiod preceding this Agreementbeen convicled of orhad a cviljudgmentrendered against them for commissionof fraudor a criminaloffense in connection withobtaining, attempting to obtain,or performinga public(federal,state or local)transaclionor contractunder a public transaction; violationof federal or state antitruststatutes or cmmissionof embezzlement,theft, forgery,bribery, falsificationor destruclion of records,making falseslatements, or receivingstolenproperty;

c. Arenot presently indicted for or othenvise criminallyor civillycharged by a governmental entity (federal,state or local)withcommissionof any ofthe offenses enumerated in paragraph (b) of this certification;

'

and,d. Have notwithina three (3)-year periodpreceding this application/proposalhad one or more public

transactions (federal, state or local) termnated forcause or default.

26. PREVAILINGWAGES ANDLABORCOMPLIANCE:lfapplicable,the Grantee agrees to be bound by ail theprovisionsof the Labor.Code regardingprevailingwages and shall monitorallcon-tracts subject toreimbursementfromthis Agreementto assure that the prevailingwage provisions of the La6or Code arebeing met. The Grantee cenifiesthat it has a Labor Compliance erogram(LCP) in place or has contractedwilha thirdpqlythat has been approvedby the Directorof the oepartmeni of lnduriatRetations (DlR)tooperate an LCP pursuanl to Labor Code, section 17 '1.5 and section 16423 of title 8of the CalfornaCde ofRegulations. CurrentDIRrequirementsmay be found at ho://www.dir.ca.oov/lco,asp.

27. PROFESSIONALS:The Grantee agrees that only licensedprofessionalswillbeused to perform servicesunder this Agreement where such services are called for. Alltechnicalrepofts required pursuant to thisAgreementthat involveplanning,investigation,evaluation,or design, or oiher wor'krequiringinterprelationand properapplication of engineeringor geologic sciences, shall b prepared by or unerthLdirectionofpersons registered to practice in Californiapursuant to Business and Professions Code, sections 6235, Zg3b,and 7835.1 . To demonstratecompliancewthCaliforniaCode of Regulatons, title16, seclions 4-l S and 306b,all technicalreports must containa slatement of the qualificationsoathe responsible registeredprofessional(s). As required by these laws, completedlechnicalreports must bear the ignature(s) andseal(s) of the registered professional(s)in

amanner

such that all workcan be clearlyattriuteOt ireprofessionalresponsible for the work.

28. RECORDS:Withoutlimitationof the requirement 1o maintainProjectaccounts in accordance withgenerallyaccepted accountingprinciples, the Grantee agrees to:

a. Establish an officialfile forthe Project whichshall adequatelydocumentall significantactions relativetothe Project;

b, Establish separate accounts whichwilladequately and accuratelydepict all amounts received andexpended on this Project, includingall grant funds received undei thisAgreement;

c, Establish separate accounls whichwilladequatelydepict all income received which is attributable to theProject,especiallyincludingany income attributableto grant funds disbursed under this Agreement;

d. Establishan accounting system which willadequatelydepict fnal total costs of the Project, includingbothdirect and indirectcosts;e. Establish such accounts and maintain such records as may be necessary for the state to fulfillfederal

reportingrequirements,includingany and all reportingrequirementsunder federal tax statutes orregulations;and,

f. lfa Force Accountis used by the Grantee for anyphase of the Project, establish an account thatdocuments all employeehours, and associated tasks charged to the Project per employee.

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35/94

state water Board Grantnsr""r"sn1ftyf#.'*iPage 2O ol 22

29. RELATEDLITIGAT|ON:Under no circumstanceso pay costs asWater Board.e in this Agreeallof the grant

30. RIGHTStN DATA:The Grantee agrees that alldat

ent, compromiseor olhervoluntaryresolution.Thereement.

32' SUPPLEMENTALENVIRoNMENTALPROJECTS; Grant Funds shall not be used for supptementalenvironmentalprojectsrequiredby Regional Water goais

ee agrees that any remedyal or equitable remedyGrantee, whethersuch

(,7 1 4',.9


36/94

state warer Board Granr nn,.."r"snTyi83-'*iPage21 ot22

amounts due at the hhest legal rate of interest from the date that noticeof terminationis mailed to/fromtheGrantee to the date of full repymentby the Grantee.35' TIMELINESS:Time is of the essence in this Agreement. The Grantee shall proceed withand completetheProject in an expeditious manner.

36. TFAVELANDPER DIEM:Any reimbursementforby the Department of personnel Administration,Thoersonnel-oolicies/travel/hr-staff.htm. Reimbursemare current as of the date costs are incurredbyreimbursedunless priorwrittenauthorizationis

37- UNENFOROEABLEPRoVlSloN:ln the event that any provision of this Agreement is unenforceabte or heldto be unenforceable, then. the parties agree that all othiprovisionsot this Agreement shall continue to havefullforceand effect and shall not be affcted thereby.38' USEFULLIFEoF this Agreement,the use]ul lifeof any constructed portionsof lhisProjectbegi tionan continu'es untilfifiyisoj v" '.reafter forpipelinesand struc all else.39.

mentthe

40.ultorof rights

41. WATERSH pLANCONSTSTENCy:Grantee certifiesthatactivityund.s

projectwillbe consistent wtfiin-appticable,manageme lcabte Water euatity Controlplan (Baiinftani aterBoard,whe

42. WITHHOLDINGOFthe grant fuosprovi on ofthreatens to materialGrantee fails to main

aY 7 42.3


37/94

s tare w ate r Bo ard G ran r ns r" rrn"sn

y iSiS-'riiPage 22 o 22

r'..,iI?3',lo?',or.PROPOSITION84 ASBS GRANTPROGRAM

1. The Grantee certifiesthat it is one of lhe following:a city, county,city and county, district.2' This Grantee hereby.wanants.and represents lhat this Project is capable of contributingto sustained,long-termwater qualityor environmentalrestoration or proiectionbnefitsioi.r"J&n"enty (20)years.3' The Grantee certifiesthat this Project is intended to address the causes of degradalion,rather thansymptoms.4. This Project s consistent withwater quality.andrelourceprotectionplans prepared,,implemented,oradopted by the state water Board, the aplicabte Regiont water Bard,nd'the sir-coastalConservancy.5. NotwthstandingExhibitA, the Grantee shall submit a monitoringand reportingplan that willdo all of thefollowing:

a- ldentifythe nonpoint source or sources of pollutionto be prevented or reduced by project;b. Describe the baseline water qualityor qualityof the environmentto be addressed;c' Describe lhe manner lhat Project willprevent or reduce pollutionand demonstrate desiredenvironmentalresults;d' Describe the monitoringprogram, including,but not limitedto, the methodology,and the frequencyand durationof monitorng;and,

6, NotwilhstandingExhibitA, upon completionof the project,the report to the StateWater Board that summarieg tlq completedactvitiejan ind oses of rhe projecthave been met. The report shall inclucjeinformationcollected rdance withtheProject monitoringand reporting plan,includinga determinationof the effectivenessot iroect inprevenlingor reducing pollution,and the results of the monitoring program.7. The Grantee certifiesthat. ifa recovery plan for coho salmon, steelhead trout,or other threatened orendangered aquatic species exists, this Project is consistentwithsuch a plan and, ir reasure, implementsactions in such a plan.

8' The Grantee cer-tifiesthat.any real property or interests in real propertyacquired for this projectshall beacquiredfroma willingseller.I' As part of this Project, the Grantee shall include,a monitoringcomponent,The results of this monitoringcomponentshall be submittedas set forth in ExhibitA, paragraph n.z.z &A.2.3oitnis nlieement.10. The Grantee certifiesthat it is providinga match amount of at least 5%. Eligibleexpenses incurredafterNovember7,2006, and priorto lhe Project completiondate, may be applie to the'cost match.

11' The Grantee certifiesthat ithas obtainedor willobtain all necessary approvals, enlitlements,and permitsrequired to implemenlthe Project. Failure 1o obtain any necessarypprovat, entiilement,or permitshallconstitutea breach of a material provisionof this Agrement.

t 71 q?g


38/94

ExhibitB - SFEI Scope of Workand Budget

G:\USERS\UTlLlT\lwatershed_Protection\Fitzgerald\ASBS\Prop84\Grant\MOU\SFEI_MOUdoc


39/94


40/94

2.3.3 Prepare and submit a swnmary report to the COLINTYincludingwater qualitydata andresults of the analysis, includingrecotmendationsforupland storm drain BMpselection.

4 Pathogen Source TrackingStudy4.1 Conduct pathogensource trackingindicatorbacteria monitoring,in fivedrainages duringdry and wet weather according to

eApp,Mp,

and SWAMPguidelines.4.2 Analyzethe data, prepare and summary report, and submit to theCOTINTY.

5 Educationand Outreach5.1 Developgraphics for three (3) ASBSnewsletters, one each inMayof 2012,2073,and20l4, and submit to the COLINTY.5.2 Developgraphics for an ASBSwebsite and submit to theCOTINTY.5-3 Developgraphics for a communitysurvey on nonpointsource(NPS) knowledge, perceived midcoast water qualityproblems,willingnessto participate,and ideas for water qualityimprovements andsubmit to the COLINTY.5.4 Host a lowimpactdevelopment (LID)and retrofitworkshopfordevelopers, contractors, landowners,residents, and locar governmantstaff to provideresources and tools for reducing runoffand harvestingstorm water. Proceedings fromthe workshopwillbe available on theASBSwebsite. Submit workshop agenda andmaterials to the COLTNTy.

6.3 UplandStorm DrainBMPs Monitoring6.3.1 Conduct water qualitymonitoringat the upland BMPsites (pre-

and post-implementationand/or upstream and downstream) anddocument BMPefficacyin accordance withthe eApp,Mp, andSV/AMPguidelines.

6.4 UplandStorm DrainBMPs Analysis6.4.1 Anaryze water qualitydat4 includingsummary statistics,calculationof pollutantremoval, and generate graphical displays.6.4.2 Asses BMPeffectiveness as a functionof pollutantremovalefficiency,installationco sts, maintenance co sts, and environmentalconditionsand restraints.6.4.3 Prepare and submita sumaryreport to the COUNTYincludingwater qualitydata and results of the analysis.

7 ProjectAssessment and Future Planning7 .l Assess the Projectaccordingto criteriaand metrics developed inthe PAEP.

7.2 conduct future planning,includingdevelopment of a plan forcontinuationof the Project, includingfutureBMPimplementationbasedon pollutionreductionforecasts generated frommodels developed bySFEI as part of the CriticalCoastal Area PilotProject - Phase 2 State'Water Boardgrant agreement and calibrated withdata fromthis Project.7.3 Prepare a Projectassessment and future planningreport andsubmit to the COIINTY.


41/94

Item Budqet(A)Plans and General ComplianceRequirements

1.0 Project Management$ 42,631.002.1 Project Assessment and EvaluationPlan $ 20,000.00

2.2 MonitoringPlan

2.3 QualityAssurance Project Plan(B)Proiect-Specifrc Requirements2.2 Pilat BMPsMonitoring$ 28,417.00

2.3 PilotBMPs Analysis$ 40,347.004 Pathogen Source TrackingStudyg 14,639.00

5 Educationand Outreach $ 16,816.006.3 UplandStorm DrainBMPs Monitoring$ 23,056.00

6.4 UplandStormDrainBMPsAnalysis$ 20,000.007 Project Assessment and Future Planning $ 43,064.00

$ 248,971.00

ExpensesLab AnalysisEquipment rentalMisc.

Total

$ 230,000.00$ 8,000.00$ 3,029.00

$490,000


42/94

EXHIBITG - lnvoicingand Reporting Provisions1. lnvoicinqSFEI willbe paid forperformance of the specific tasks and the deliveryof products andservices as described in ExhibitsA andB. ln any event, thetotalpayment for services shallnot exceed FOUR HUNDRED NINETYTHOUSANDDOLLARS($490,000). SFEI shallsubmit quarterlyinvoices tothe COUNTYitemizingservices and tasks pefformed asdescribed below.

(A)Supporting documentation(e.9., receipts)must be submittedwitheach invoicetorequest reimbursement.The amountclaimed forstaff timemust include a calculationformula(i.e., hours or days worked times the hourly or dailyrate = total amount claimed).lnvoicepayment shall be made only afterreceipt of a complete, adequately suppoded,properlydocumented and accuratelyaddressed invoice.

(B)SFEI shall request disbursement forany cost after such cost has been incurred and hasbeen paid by or is due and payable by SFEI.

(C)Notwithstandingany other provisionof this MOU,no disbursement shall be required atany time or in any manner which is inviolationof, or in conflictwith,federalor state laws,rules, orregulations, or whichmay require any rebates to the Federal Government,orany loss of tax-freestatus on state bonds, pursuant to any Federal statute or regulation.

(D)The invoice shall contain the followinginformation:

(i) he date of the invoice;(ii)The timeperiod covered by the invoice, i.e., the term"from"and "to";(iii)The totalamount due; and(iv)Originalsignature and date (in ink)of SFEIauthorized representative.(v)Final invoice shall beclearlymarked'FINALINVOICE" andsubmittedNO

LATERTHANMarch 1,2015.(E) ln the event that COUNTY staff determinesthat the invoice isinadequate or fails to

provide enough informationforCOUNTYstaff to assess SFEI's compliance withtheterms and timingof services under this MOU,the COUNTYwillreturn the invoice toSFEI withan explanationand request formissing information.The COUNTY shallnotbe obligatedto pay SFEI untilSFEI submits a corrected invoice, demonstratingsatisfactorycompliance with theterms and timing ofservice.

(F) lf the State Budget Actof the current year and/orany subsequent years covered underthis MOU doesnot appropriate sufficientfunds for the Proposition 84ASBS grantprogram,ExhibitA shall be of no prospective force and effect. Thisprovisionshall be

construed as a conditionprecedent to the obligationof the SWRCBto make anypayments under ExhibitA. ln this event, the State shall have no liabilityto pay any fundswhatsoever to the COUNTYor to furnishany other considerations under th

james v. fitzgerald area of special biological significance pollution reduction program

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