AGR 2 Subaward SFEI Project 0904 012623 — San Pablo City Council, February 6, 2023 (part 1 of 2)

CITY OF SAN PABLO

SUBAWARD AGREEMENT FOR CONSULTING SERVICES
Project No. 0904 / Agreement No. 2

THIS SUBAWARD AGREEMENT (“Agreement”), dated and effective this 1st day of January, 2023 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, (“ City”), and San Francisco Estuary Institute (“SFEI”), a 501(c)(3) non- profit organization, (“Subrecipient”) (individually, a “ Party,” and collectively, the “Parties”). This Agreement shall govern certain activities and responsibilities to be carried out by Subrecipient on behalf of City, a grantee of the United States Environmental Protection Agency.

RECITALS

WHEREAS, on December 4, 2018, the City submitted a grant application to the United States Environmental Protection Agency’s San Francisco Water Quality Improvement Fund (USEPA SFBWQIF) to provide water quality improvement to the City of San Pablo and across Contra Costa County;

WHEREAS, SFEI was proposed as a Subrecipient of the grant to develop an online tracking tool for managing relevant artifacts -- documents, data, images, processes -- that might serve as the basis for key agreements for an Alternative Compliance System;

WHEREAS, the City’s grant proposal was successful and the City was awarded $680,000 as the pass-through entity, with SFEI (Data Universal Numbering System Number 187018866) as a Subrecipient of $120,000, under USEPA Grant Number 99T87201, award date July 12, 2019, with the initial project period identified as August 1, 2018 through July 30, 2022;

WHEREAS, of the SFEI’s Subrecipient award amount of $120,000 included in the grant award dated July 12, 2019, services performed by SFEI in the amount of $80,000 were to be funded through the USEPA SFBWQIF grant, and $40,000 was to be funded through in-kind match provided by SFEI;

WHEREAS, on May 19, 2020, the City and SFEI entered into a Subawardee Agreement for development of an online tracking tool for managing relevant artifacts and to perform consultant services as a Subrecipient of the USEPA SFWQIF grant in an amount not to exceed $80,000 , contingent upon also providing $40,000 of in-kind match services toward the EPA grant total;

WHEREAS, by USEPA Assistance Amendment #1 dated April 21, 2022, the project period was extended to June 30, 2023, with no changes to the federal assistance amount;

WHEREAS, under the original Subawardee Agreement in effect from May 19, 2020, through December 20, 2022 , SFEI performed services in the amount of $ 76,418.87 funded through the USEPA SFBWQIF; and performed services in the amount of $40,000 funded through in-kind match;

WHEREAS, USEPA grant funds remaining for SFEI Subrecipient services under USEPA Grant Number 99T87201 awarded July 12, 2019, include $3,581.13 in available funding through the USEPA SFBWQIF; with $0 remaining under the grant to be funded through in-kind match;

WHEREAS, the City desires to engage a consultant to provide technical services to develop an online tracking tool for managing relevant artifacts -- documents, data, images, processes -- that might serve as the basis for key agreements for an Alternative Compliance System as described in the Statement of Work dated January 24, 2023 for a total contract authorization of $32,081.13;

WHEREAS, City and Subrecipient wish to enter into a new Subaward Agreement for Consultant Services in order to continue Subrecipient’s services under the USEPA Grant Number 99T87201, utilizing remaining $3,581.13 available Subrecipient funding under the grant, and provide services for tasks 1 through 6 as outlined in the Statement of Work dated January 24, 2023, attached as Exhibit A -2 for a total contract authorization of $32,081.13 further specified in Section 2, “Compensation,” and extend the performance period through June 30, 2023.

WHEREAS, Subrecipient has represented to City that Subrecipient has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; will act at all times in the City’s best interest; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Subrecipient and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Subrecipient agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the grant proposal submitted to the United States Environmental Protection Agency (USEPA) by the City of San Pablo and SFEI , dated December 4, 2018 and any addenda thereto (“Grant Application”), attached as Exhibit A -1 and the services as specified in tasks 1 through 6 in the Statement of Work dated January 24, 2023, attached as Exhibit A -2, and incorporated herein, the grant requirements set forth in the USEPA Grant Award—Federal Award Identification Number W9-99T87201—dated July 12, 2019 , as amended per USEPA Assistance Amendment 1 dated April 21, 2022, (“Award Letter s W9- 99T87201, and W9- 99T87201-1 respectively ”), attached as Exhibit B (B-1 and B- 2) and incorporated herein. Subrecipient is subject to the same USEPA requirements as apply to the City as required by 2 CFR 200.332(a)(2) and set forth in Exhibits C and D. In the event of any discrepancy between any of the terms of SFEI’s proposal, the City’s approved Workplan and Budget (Exhibit E), and this agreement, the terms most favorable to the City shall prevail. Any services not encompassed in this Section (1) are additional services (“ Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Subrecipient will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“ City Manager ”). Subrecipient represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services.

Subrecipient is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Subrecipient that the Services are not satisfactory, in whole or in part, Subrecipient will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed

under this Agreement will not operate to waive or release Subrecipient ’s obligation under this paragraph.

C. COVID-19 Pandemic . All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID-19 vaccination, as well as comply with the City’s COVID policies on-site.

D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Subrecipient must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term,” unless an extension to the grant is approved by USEPA.

E. Primary Service Provider. The City has approved of Tony Hale as Subrecipient’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

F . Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Subrecipient must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code.

The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Subrecipient and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Subrecipient will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Subrecipient or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Subrecipient and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Subrecipient and its subconsultants must certify under penalty of

perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Subrecipient must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Subrecipient must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Subrecipient and any subconsultants must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.

(2) Compensation. SFEI agrees to provide technical expertise in the development of an online tracking tool for managing relevant artifacts -- documents, data, images, processes -- that might serve as the basis for key agreements for an Alternative Compliance System for the amount not to exceed Thirty-two Thousand Eighty -one Dollars and Thirteen Cents ($32,081.13) for reimbursements from USEPA and the City as follows:

EPA Grant
Remaining Amount
City of San Pablo
Environmental Service
Operating Budget
Total
$3,581.13 $28,500.00 $32,081.13

SFEI will submit quarterly reports and invoices to the City of San Pablo for services in the format provided in Exhibit F. The quarterly progress report template may be updated at the request of the USEPA, the most up-to-date template will be provided to SFEI throughout the project.

Invoices shall be submitted containing all information contained in Section (6) “Billings”. In no event shall SFEI be entitled to compensation for extra work beyond the match amount unless an amendment to this agreement has been executed by the City prior to the commencement of the work.

Subrecipient may begin billing to this project for work completed starting on January 1, 2023, and ending on June 30, 2023.

Subrecipient will be paid all undisputed amounts within sixty (6 0) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Subrecipient , verifying that the invoiced Services have been performed. Subrecipient will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.

(3) Additional Services. In addition to the Services included in Section (1), “Scope of Services,” the Parties may from time to time agree that Subrecipient will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Subrecipient may begin providing the Additional Services.

Subrecipient will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Subrecipient believes that services that it is direct ed to perform by City are not included in Section (1), “Scope of Services,” Subrecipient will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record-keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

(4) Effective Date and Term. The term of this Agreement (“Term”) begins on January 1, 2023, and expires on June 30, 2023. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Subrecipient . The assignment or subcontracting of this Agreement by Subrecipient , or any interest therein, is prohibited without the prior written approval of the City Manager.

Subrecipient agrees to conduct all procurement actions under this assistance agreement in accordance with the procurement standards set forth in Title 2 CFR, Parts 200.317 through 200.326.

No assistance agreement funds shall be used to reimburse the Federal share of any procurement action found to be in noncompliance with the procurement standards. Any costs incurred by the recipient under contracts and/or small purchases that EPA determines to be in noncompliance with EPA procurement standards shall be unallowable for Federal reimbursement.

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Subrecipient, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Subrecipient is solely responsible for the means and methods by which it provides the Services. Subrecipient is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Subrecipient is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Subrecipient will not represent, at any time or in any manner, that Subrecipient is an employee of the City. Subrecipient will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs.

Subrecipient acknowledges that the City will provide no training. Subrecipient will provide whatever tools and materials that are necessary to complete a client engagement. Subrecipient is free to accept, and has accepted in the past, other client engagements. Subrecipient is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Subrecipient is hired on a temporary basis only, and that if the City

and/or Subrecipient desires to continue Subrecipient’s services after expiration of the Term or termination of this Agreement, Subrecipient must enter into a new agreement.

(7) Billings. Subrecipient's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom; (d) the current Agreement not -to-exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not- to-exceed amount; and (k) the Subrecipient’s signature. Except as specifically authorized by City, Subrecipient will not bill City for duplicate Services performed by more than one person. Subrecipient may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3), above. Subrecipient is solely responsible for its office and overhead costs, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Subrecipient in the performance of this Agreement.

All invoices provided must abide by all terms of Award Letters W9-99T87201-0/-1 (Exhibit B).

(8) Advice and Status Reporting. Subrecipient will provide City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. City may withhold payments otherwise due to Subrecipient pending timely delivery of all such reports and information, and City may require Subrecipient to take corrective action if deficiencies are found. Subrecipient will promptly notify the City Manager of any matters that could adversely affect Subrecipient’s ability or eligibility to continue to provide Services under this Agreement.

Subrecipient will submit progress reports to the City of San Pablo in the format specified in the Programmatic Conditions of Exhibit F. The progress report template may be updated at the request of the USEPA; the most up-to-date template will be provided to Subrecipient throughout the project.

The City of San Pablo will submit these reports to the USEPA for payment on the dates specified in Award Letter W9-99T87201-1.

(9) Retention of Records. Subrecipient’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Subrecipient will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Subrecipient will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement.

At City’s request, or upon expiration or termination of this Agreement, Subrecipient will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use. This Section ( 9) will survive expiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Subrecipient under this Agreement exceeds $5,000, any document or written report prepared by Subrecipient for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System . Subrecipient will maintain its financial records and fiscal control systems in a manner that meets the requirements of the grant. Subrecipient will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes ( including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Subrecipient will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits. The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Subrecipient relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.

(13) Subrecipient’s Testimony. Unless the Services include serving as an expert witness, Subrecipient agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Subrecipient’s Services.

This Section (12) will survive expiration of the Term or termination of the Agreement.

(14) Assignment of Personnel. Subrecipient will only assign competent and qualified personnel to perform the Services. If City asks Subrecipient to remove a person assigned to the Services, Subrecipient agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

(15) Insurance. Before it may begin performing Services under this Agreement, Subrecipient must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Subrecipient and its subconsultant s or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strengt h rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits. Consultant must procure and maintain the following insurance

policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $ 2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000 .00 combined single- limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Subrecipient’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit. Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Subrecipient for this Agreement, and the coverage must continue in effect for five years following final payment to Subrecipient. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Subrecipient must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Subrecipient’s cost, any extended reporting provisions of the policy if the Subrecipient cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City before Subrecipient may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Subrecipient must include the following endorsements as specified below. The endorsements must be executed by a person

authorized to bind the issuing insurer. The endorsements are to be provided on forms provided , specified, or approved by the City. As an alternative to the City’s forms, the Subrecipient’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its officers, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an ad ditional insured endorsement to the Subrecipient’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals form CG 20 07 may be used. Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15. b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Subrecipient is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Subrecipient to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non -payment of premiums, in which case 10 days written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Subrecipient hereby agrees to waive subrogation which any insurer of Subrecipient may acquire from Subrecipient by virtue of the payment of any loss.

C. Deductibles and S elf-Insured Retentions. Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Subrecipient must disclose the amounts of the deductibles and self -insured retentions that apply to the required policies . If the City Manager determines that the deductible or self-insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Subrecipient must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Subrecipient may not

increase any deductibles or self-insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Subrecipient procuring a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or S ubcontractors. Subrecipient must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Subrecipient under this Section (15), with respect to its performance of Services, including the required endorsements. Subrecipient must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Subrecipient must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Subrecipient insurance obligations.

(16) Indemnification. Subrecipient shall, to the full est extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents (" Indemnified Parties ") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Subrecipient , its officers, employees, agents, volunteers, subcontractors or sub- consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Subrecipient ’s duty to indemnify. The Subrecipient shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Subrecipient of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Subrecipient from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Subrecipient asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Subrecipient may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Subrecipient or any employee, agent, subconsultant or subcontractor of Subrecipient providing services under this Agreement is determined by a court o f competent jurisdiction or the California Public Employees Retirement System (“ PERS”) to be eligible for enrollment in PERS as an employee of City, Subrecipient shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Subrecipient or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Subrecipient ’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Subrecipient ’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Subrecipient acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Subrecipient, its employees, agents, or subcontractors by federal or state law, Subrecipient warrants that such license has been obtained, is valid and in good standing, and Subrecipient shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Subrecipient, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Subrecipient and any subcontractors shall contact the San Pablo Economic Development Corporation (“ EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law. Subrecipient represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment.

Subrecipient shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Subrecipient shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. In performing Services and providing services under this Agreement, Subrecipient shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Subrecipient shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Subrecipient of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Subrecipient, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 21), “Notice s.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Subrecipient shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Subrecipient or its employees, or services of others ordered by the Subrecipient or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Subrecipient or its employees are not able to cancel such orders for materials or services of others. Compensation for the Subrecipient in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Subrecipient . In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Subrecipient with one day’s written notice of such termination if Subrecipient violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Subrecipient fails to perform any of the obligations required of Subrecipient within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Subrecipient , shall be charged to the Subrecipient.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Subrecipient engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Subrecipient pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Subrecipient and City's City Manager and approved as to form by the City Attorney.

Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.

(23) Abandonment by Subrecipient. In the event the Subrecipient ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Subrecipient shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. Subrecipient agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Subrecipient , but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Subrecipient under the Agreement had Subrecipient completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of eit her the same or a different provision of this Agreement.

(25) No Third-Party Rights. The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give e ffect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Subrecipient shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Subrecipient warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place.

Subrecipient hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Subrecipient fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Subrecipient shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either P arty for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.

(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Subrecipient’s performance of the Services, files, and work product.

(31) Conflict of Interest. Subrecipient warrants and covenants that Subrecipient presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Subrecipient shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Subrecipient further warrants its compliance with the Political Reform Act (Gov.

Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City st aff, that Subrecipient meets the criteria of section 18701 of the FPPC regulations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Subrecipient shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Subrecipient or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

(36) Multiple Copies of Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Subrecipient: Patrick Walsh, Finance Director
4911 Central Ave
Richmond, CA 94803

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C and this Agreement, Exhibit C will control.

_X_ This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.

(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit H, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit H and this Agreement, Exhibit H will control.

___ This Agreement is subject to funding by Caltrans. See Exhibit H. _X_ This Agreement is not subject to funding by Caltrans.

(40) Drug-Free Workplace. The City makes an ongoing, good faith effort to maintain a drug -free workplace, as required by the EPA General Terms and Conditions included in Exhibit G . The Subrecipient will similarly maintain a drug-free workplace, as required by Exhibit G , and will share all known workplaces under its federal awards with the City.

(This space intentionally left blank.)

IN WITNESS WHEREOF, Subrecipient has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

A
PPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
B
y _______________________________ By __ ________________________________ T eresa L. Stricker , City Attorney Matt Rodriguez, City Manager S

AN FRANCISCO ESTUARY INSTITUTE
By __________________________________
Warner Chabot, Executive Director
ATTEST:

B
y _______________________________ Dated _________________________ Dorothy Gantt, City Clerk
A
ttachments: Exhibit A-1: Final Grant Application (December 4, 2018) Exhibit A-2: Statement of Work (January 24, 2023)
Exhibit B-1: Award Letter W9-99T87201 (July 19, 2019)
Exhibit B-2: Assistance Amendment W9-99T87201-1 (April 21, 2022) Exhibit C: Federal Contract Provisions
Exhibit D: USEPA Subaward Policy
Exhibit E: Workplan and Consultant Budget
Exhibit F: Quarterly Progress Report Template
Exhibit G: EPA General Terms and Conditions

Exhibit A

A-1: Final Grant Application (December 4, 2018)

A-2: Statement of Work (January XX, 2023)

Regional Alternative Compliance for a Sustainable Bay- 1

Abstract – Regional Alternative Compliance for a Sustainable Bay The cities of San Pablo, Walnut Creek and Richmond (in co operation with cities across the Bay Area) are proposing to establish a water quality trading/banking system. A water quality trading system has the ability to more efficiently and affordably improve water quality, reduce compliance pressures on permittees, and dec rease the overall costs of water quality improvements. This project will help to promote green infrastructure/low impact development (GI/LID) across the Bay Area with the potential for substantial costs savings while meeting the established water quality goals.

Lead Applicant: City of San Pablo
Co-Applicants: City of Walnut Creek & City of Richmond Funding Requested: $680,000
Total Project Cost: $1,360,000
Project Period: Three Years: June 2019 - June 2022
Measurable Outcomes: Water quality trading system with online tracking tool, Implementation of a pilot project through a water quality trading system, Compliance PCB reductions through GI in NPDES permit , 90% reduction of GI PCB compliance costs

1. Project Description and Activities

1.A Background
San Francisco Bay is contaminated with many legacy pollutants, including PCBs and mercury, which make their way to the Bay through stormwater runoff and various other pathways. Fish and shellfish contaminated with PCBs and mercury pose health ri sks to both humans and wildlife. Therefore, in 2010 U.S. EPA approved a Total Maximum Daily Load (TMDL) for PCBs and mercury for the Bay Area.

The TMDL established an initial 20-year timeframe for reducing PCBs in fish tissue to safe levels for human consumption. A Water Board Staff Report accompanying the TMDL calculated the average sediment target PCBs concentration that would yield the fish tissue target (10 micrograms (µg) per kilogram of fish tissue); this was found to be 1 µg of PCBs per kg of sedim ent (µg/kg; parts per billion)1. This Staff Report also estimated that a ten-fold reduction in San Francisco Bay sediment PCBs concentrations was needed to reach the average sediment target concentration. Even though much of the PCBs pollution affecting the Bay is the result of releases that occurred decades ago, low -concentration sources continue to transmit PCBs to the Bay via stormwater runoff. The adopted TMDL requires a wasteload allocation of 2 kg/yr of PCBs for municipal stormwater discharges. The Staff Report estimated a total stormwater load of 20 kg/yr at the time of the TMDL development. Subtracting the wasteload allocation from the estimated load yields a required 18 kg/yr region -wide reduction in PCBs from urban and non -urban stormwater runoff. Per the TMDL, the 2 kg/yr wasteload allocation is distributed to each County that discharges to the San Francisco Bay b ased on their year 2000 population. The San Francisco Bay Municipal Regional Stormwater Permit (MRP)2 states the discharges in the MRP area have been allocated 1.6 kg/yr of the

1 California Regional Water Quality Control Board San Francisco Bay Region. “Total Maximum Daily Load for PCBs in San Francisco Bay Final Staff Report for Proposed Basin Plan Amendment .” San Francisco Bay PCBs TMDL Project, 2008,www.waterboards.ca.gov/rwqcb2/water_issues/programs/TMDLs/sfbaypcbs/PCBs%20TMDL%20Final%20Staff%20Report %20April2017.pdf.
2 California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049 NPDES Permit No. CAS612008 November 19, 2015. https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/stormwater/Municipal/R2-2015-0049.pdf.

Regional Alternative Compliance for a Sustainable Bay- 2

total 2 kg/yr wasteload allocation (equivalent to a needed load reduction of 14 .4 kg/yr of the estimated total load reduction of 18 kg/yr).

These t wo land use areas are not distributed based on population; therefore, it can be difficult and incredibly expensive for newer cities (with fewer old land use areas) with large populations to meet their pollutant load reduction allocations. Compounding the issue, many of the jurisdictions with old industrial areas have a tendency to be in disadvantaged communities with insufficient funds and/or new development to implement the required infrastructure.

1.B PCB Case Study: Understanding of the Issue*
The Contra Costa County Clean Water Program has recently completed the draft preliminary results of their RAA. Results of the modeling identified that if each city in Contra Costa were required to reach their individual population based PCB reduction target for green infrastructure (GI), 9 cities (53%) would likely be non-compliance with the NPDES MRP because these cities do not have enough viable GI space to reach their required GI reduction allocation. (This modeling includes the expected private redevelopment that will occur between now and 2040 and excludes East County permittees that are not subject to the PCB TMDL).

However, i f the Contra Costa County permittees work collectively, approximately 170 -200 projects (treating 350-450 acres) would need to be implemented for all county permittees to meet the required PCB load reductions through GI (some of these projects could be lumped together for efficiencies). Initial costs estimates shown in Table 1 demonstrate an over 90% savings if the goal is achieved through a countywide collaborative effort. Over 75 % of these projects would be in one jurisdiction and approximately 90% of the projects would be in just three permittee jurisdictions. It is clear that if Contra Costa County permittees are to meet the required TMDL wasteload allocation for PCBs and meet the required loads reduced through GI , it will be imperative for jur isdictions to work together to fund these projects. In spite of this, there is no current mechanism for legal and financial protections for jurisdictions in pursuit of this type of collaboration.

Table 1- Example of Magnitude of Cost Savings
Scenario Estimated Required
Treatment acres
Assumed cost per
acre of Treatment Cost
Contra Costa Permittees attempt
GI goal individually 9,000 - 12,000 $200,000 $1.8 - $2.4 Billion Contra Costa Permittees achieve
GI goal collaboratively 350 - 450 $200,000 $70 - $90 Million Approximate Savings $1.7 - $2.3 Billion
*All numbers provided in this section are draft preliminary results and are still being reviewed however; it is believed that they provide an accurate representation of the type of iss ue that permittees are facing to meet the PCB wasteload allocation and green infrastructure requirement.

Regional Alternative Compliance for a Sustainable Bay- 3

1.C Potential Solution
To help solve this issue, the cities of San Pablo, Walnut Creek and Richmond (in collaboration with cities across the Bay Area) are proposing to establish a water quality trading/ banking system. Water quality trading and banking systems have been developed across the county as a way to provide greater flexibility, reduce overall compliance costs, and encourage voluntary participation to reduce pollu tant sources within the watershed. Trading/Banking is based on the fact that pollutant sources in a watershed may face very different costs to control the same pollutant. Trading programs permit organization s facing higher pollution control costs to meet t heir regulatory obligations by purchasing environmentally equivalent (or superior) pollution reductions from another source at lower cost. These systems can also provide ancillary environmental benefits such as carbon sinks, flood retention, riparian improvement, and habitat3.

The proposed system would meet the current Alternative Compliance or In -Lieu Compliance provision within the existing MRP (Order No. R2 -2015-0049) but it would include a method for permittees to exchange wasteload allocation “credits” across jurisdictional boundaries.

1. Accomplish regulatory and environmental goals;

2. Be based on sound science;

3. Provide sufficient accountability, transparency, accessibility, and public participation to en sure that promised water quality improvements are delivered;

4. Produce no localized water quality problems;

5. Be consistent with the Clean Water Act regulatory framework; and

6. Include appropriate compliance and enforcement provisions to ensure long-term success.

It is currently unknown the exact type of system that will be developed, however the proposed project would be answering the following key questions, along with many others on the path to developing a regional system.
 What does a water quality trading program in the Bay Area look like? o The project will explore different types of systems that have been develop in other areas.

It will look at centralized systems (central banking entity to sell and buy credits , also known as an Open Market system) and decentralized systems (individual agreements just tracked at a regional level, also known as a Case -by-Case system). The different systems will be examined in detail, presented to various c ommittees and then the best fit would be used as a basis for a system in the Bay Area.
 What is a water quality credit in the Bay Area?
o The project will work with jurisdictions , organization and regulatory agencies to define what will constitute a credit in the Bay Area (acres treated, pollutants reduced, sediment reduce, etc.). Once the definition of a credit is determined (and there could be multiple different credits), this will be used to measure costs and compliance.

3 https://www.epa.gov/npdes/frequently-asked-questions-about-water-quality-trading#benefits 4 Willamette Partnership, World Resources Institute, and the National Network on Water Quality Trading, 2015. Building a Water Quality Trading Program: Options and Considerations. http://willamettepartnership.org/wp- content/uploads/2015/06/BuildingaWQTProgram-NNWQT.pdf.

Regional Alternative Compliance for a Sustainable Bay- 4

o The project will explore different risk levels associated with the water quality credit trading systems (i.e. conventional-based system, partial pay for performance and credit purchase).
 How do projects fund and ensure the ongoing operations and maintenance? o The project will develop a system for determining the ongoing operations and maintenance requirements of projects and how they will be funded. The project will also determine the responsible party for verifying and inspecting the off -site stormwater treatment facilities.
 How does the region track and approve projects?
o The project will develop the required elements needed for tracking and will work with San Francisco Estuary Institute (SFEI) to develop an online tracking system that will be used for the pilot project(s). The project will work with regulatory agencies to determine the requirements for approval.
 Who is responsible for tracking of projects?
o The project will work with cities, regional organizations, and regulatory agencies to agree on the entity responsible for the ongoing tracking of projects.  How does the region ensure the program is legally defensible? What is the appropriate legal agreement for participating municipalities that allows for a regional alternative compliance and water quality trading system?
o The project will work with a legal team and legal representatives from jurisdictions to ensure that the program developed is legally defensible. The project will also work with regulatory agencies to ensure all required regulatory components are established for a fully functioning banking/trading system.

1.D Project Activities
Committees and Project Team
The project would establish three committees:
 Steering Committee - This committee will be comprised of up to f our (4 ) cities that commit significant time and resources and ultimately guide the development of this alternative compliance plus banking/trading system (The System) . The se cities will be bringing potential projects, funding and/or developers to pilot The System once developed.  Advisory Committee- This will be a large committee open to stakeholders (permittees, regulatory agencies, other organizations) that h ave an interest in being involved in future compliance projects and therefore would like to provide input.
 Technical Advisory Committee- This committee will consist of technical or legal experts to advise on specific issues or questions that arise as part of the project.  Project Team- The Steering Committee will release an RFP for consultants to assist cities i n the development and design of The System. The Project Team will consist of the selected consultant(s) and the Steering Committee.

Orientation Meeting(s) - (1-3 months)
The Project Team will have 1-3 kick-off and orientation meetings. These meetings will ensure there is clear understanding of the background and ultimate end goals for the project. These meetings will also establish some of the aspects or questions that will need to be answered to develop The System. The Project Team will research other systems around the country to present at a workshop for all project committees. The project is aware of the EPA’s Water Quality Trading Basics and Policy website and will be reviewing the provided documents as part of the project.

Regional Alternative Compliance for a Sustainable Bay- 5

Advisory Committee Workshop- A part of the project kick -off, the Steering Committee will host all other participants in one or two workshops to review example systems around the country and discuss the various questions/aspects that will need to be resolved to develop a system in the Bay Area. An example of the elements that will be reviewed and discussed include:

1. Identifying and establishing regulatory instruments to support trading;

2. Defining who is eligible to trade, where trading can occur, and what is being traded;

3. Determining eligibility for participants in the trading program;

4. Quantifying water quality benefits;

5. Managing risk and uncertainty in the trading program;

6. Defining credit characteristics;

7. Establishing project implementation and assurance guidelines;

8. Establishing procedures for project review, certification, and tracking;

9. Ensuring compliance and enforcement;

10. Establishing adaptive management guidelines for ong oing program improvement and performance tracking; and

11. Defining roles, responsibilities, transaction models, and stakeholder engagement processes.4

System Development- (1.5 years)
After understanding the questions, parameters and concerns regarding a regional alternative compliance and banking/trading system the Project Team will meet to develop the specifics of The System. At various key points, the Steering Committee will present the progress to the Advisory Committee to obtain feedback. The team will then refine the program further. This will be a continual iterative process until the basis for the system is developed.

Development of Tracking System- (1 year)
This project will work with San Francisco Estuary Institute (SFEI) to develop a pilot online tracking system through the SEFI GreenPlan -IT Tracker. Funded initially by another EPA WQIF grant, the GreenPlan-IT Tracker (Tracker) is a regional, online databas e and data visualization system that complements the various components of this proposed project. As such, the Tracker tool handles the accounting of GI across the landscape, recording the characteristics of those installations, capturing the geospatial details, logging operation and maintenance history, and calculating the effect of those featur es on stormwater flow attenuation, filtration, and load reduction. Furthermore, the tool is designed to report spatial and cumulative outcomes of GI implementation for annual reports.

This task would fund SFEI staff to adapt the Tracker to suit the identified needs of the Project Team to monitor and track projects that are implemented though The System . SFEI anticipates augmenting the tracking of GI projects to account for potential credit trading, recorded agreements and relationships, and other legal and financial features that will optimize the transparency, security, and effectiveness of the proposed alternative compliance procedures. By following clear legal and accounting standards, the project team would ensure that any new features would be scalable to broader applications, should these enhancements be adopted by interests beyond the project partners.

The project(s) that are piloted through this grant will use the developed tracking system and provide comments for improvements. The Tracker will be cre ated using a geospatial database that is highly versatile; therefore, the tool can be tailored to meet the needs of individual cities while also leveraging features common to all. All layers and data will be made exportable to allow project partners to use the tool for the foreseeable future or take their compiled data and place it into another information management system of their choice.

Regional Alternative Compliance for a Sustainable Bay- 6

Figure 1- Tahoe Example of Online Tracker

Template Documents- (1 year)
Once the basis o f The System in developed, the Project Team will create various templates that will be used to implement projects. Documents will be presented to the Advisory Committee for review and comment. The types of templates that would be developed may include:
 Memorandum of Understanding (MOU) or Contract documents  Spreadsheets for calculations and cost structure
 Invoice documents/structures
 Annual operation & maintenance certification documentation  Approval requirements/templates (if necessary)
 Implementation recommendation and guides for jurisdictions  Tracking system (i.e. GIS mapping and/or database)
Final Legal and Regulatory Review- (6 months)
The Project Team will be working with legal experts throughout the process, however after the template documents are developed, a final in-depth review with legal and regulatory experts will occur to ensure everything is legally defensible and approved by regulatory or other necessary agencies.

Final Document Review- (3 months)
All documents and deliverables will be presented to the Steering and Advisory Committees for final review and comment. After comments are received, the documents will be finalized and published.

Pilot Project(s) Implementation- (2 years)
During the development of the scope and template documents, members of the Steering Committee will identify developers and other organizations that will be used to pilot the new System. Once The System is in place, these cities will implement pilot project(s) using all materials that have been developed and provide feedbac k regarding any issues. This grant will pilot a minimum of one project through the developed System.

Regional Alternative Compliance for a Sustainable Bay- 7

Note: The proposed grant application does not include the construction of the implementation project(s) during the grant timeframe. Due to the four -year grant implementation period the proposed grant application will execute the required documents for a project to be implemented through the new water quality trading system but it is anticipated that the actual construction completion of the project(s) may occur after the four-year timeframe.

Example Projects for Implementation
City of Walnut Creek
Up to two (2) private developments in Walnut Creek will be identified as suitable funding partners to pilot in the regional alternative compliance and water quality trading program. Walnut Creek’s Engineering and Planning staff would screen potential projects within the North Downtown Specific Plan and West Downtown Specific Plan and select two potential project ‘investors’. These projects, categorized as “Special Projects” under Provision C.3.ii(a) of the MRP 2.0 receive an incentive for insta lling non-Low Impact Development (LID) facilities on-site. The proposed projects will identify the appropriate alternative compliance and trading system that yield greater water quality benefits for these projects within the cities of San Pablo and/or Richmond.

City of San Pablo
The City of San Pablo will provide 2 -3 potential projects (or project sites) for ‘investors’ to implement through piloting the developed System. One of the three projects that will be proposed as pilot projects will be the City’s Sutter Avenue Green Street Project. The proposed project is a green street retrofit that would incorporate a variety of types of green infrastructure along Sutter Avenue. The project will provide multiple benefits, including reducing flooding, calming traffic, improving pedestrian safety, planting street trees, and improving stormwater quality. The types of green infrastructure facilities may include bioretention, installed variously as bulb -outs at intersections and as mid -block chicanes and Silva Cell modular suspended pavement systems, which treat stormwater and promote street tree growth by retaining or detaining stormwater in a soil matrix below t he ground surface . Attachment 1.A presents concept design of the project with schematic cross -section and examples of bioretention facilities and Silva Cells. This project has the potential to:
 Treat 12 acres of impervious surface area
 Plant 30 trees
 Reduce localized flooding
 Reduce PCB loading to the Bay by 0.72 grams per year
 Reduce stormwater pollutants such as PAHs and heavy metals by 40-90%  Reduce trash from entering Wildcat Creek

City of Richmond
The City of Richmond will provide 1-3 potential project sites for ‘investors’ to implement through piloting the developed System. One of the three potential pilot projects will be the City’s 2nd Street Bikeway Project. Second Street in the City of Richmond, between Cutting Boulevard to the south and Ripley Avenue to the north, has been identified as a potential location for the implementation of a complete street incorporating a bikeway and green infrastructure retrofit. A complete street would provide continued safe pedestrian and bike access extending north and south from the current terminus of the Richmond Greenway Trail, and allow 2nd Street to become a biking or walking destination. Proposed stormwater treatment retrofits within the 2nd Street right-of-way include a combination of intersection bioretention bulb-outs and Silva Cells under permeable paving. A total of 40 bioretention bulb -outs (18 with underdrain, 22 without) and 41 segments of Silva Cells under permeable paving are proposed for the 2nd Regional Alternative Compliance for a Sustainable Bay- 8

Street bikeway project. A group of publicly-owned parcels to the east of 2nd Street and just north of I-580 present an additional opportunity to implement green infrastructure to treat portions of I -580 and the associated right-of-way in addition to drainage from the old residential and industrial areas to the north of I-580 east of 3rd Street. The publicly-owned parcels at the end of 3rd Street and adjacent to cul-de-sacs at the end of 4th, 5th, 6th, and 7th Street are proposed to incorporate bioretention with underdrains.

Attachment 1.B presents a concept design of the project with schematic cross -section and examples of bioretention facilities and Silva Cells. This project has the potential to:
 Treat 72 acres of treated area
 Plant 70 trees
 Reduce localized flooding
 Reduce PCB loading to the Bay by 2.3 grams per year
 Reduce mercury loading to the Bay by 1.1 grams per year  Reduce stormwater pollutants such as PAHs and heavy metals by 40-90%

Presentations- (1 year)
After the full System is in place the project team will present to jurisdictions and other interested parties in the region. The project will deliver a minimum of four (4) presentations at various meetings, conferences and events.

2. Resiliency

2.A Long Term System Resiliency
The proposed water quality trading system has the ability to be used and expanded to implement all types of projects that achieve a desired water quality goal. There is potential for The System that is developed to be used to fund project s that provide long-term resiliency to sea level rise and changing rainfall patterns. Examples of these types of projects may include estuary restoration, creek restoration, wetland habitat, and flood protection. If a project can demonstration that it improves water quality and can provide a desired credit, then the System that is developed can help to provide funding for that project.

2.B Pilot Project Resiliency
The City of San Pablo’s proposed Sutter Street pilot project is located in an area with significant flooding due to inadequate stormdrain infrastructure and a tailwater condition within the creek. The proposed project has been modeled to reduce flooding in the project area by over 50%. The project wil l help the community of San Pablo be more resilient to changing weather patterns of increased intense rainfall, which will reduce flooding costs to the City and the residents.

Figure 2- Flood Inundation Map for San Pablo Pilot Project Location

Regional Alternative Compliance for a Sustainable Bay- 9

3. Water Quality Improvement
Table 2: Link to EPA Strategic Plan and SFEP Comprehensive Conservation Management Plan EPA Strategic Plan How EPA Objectives will be met through the Bay Area Water Quality Trading System Pilot Project
Goal 1: Deliver real results to provide Americans
with clean air, land, and water, and ensure
chemical safety.

Objective 1.2: Ensure waters are clean through
improved water infrastructure and, in
partnership with states and tribes, sustainably
manage programs to support drinking water,
aquatic ecosystems, and recreational, economic,
and subsistence activities.

The Project will develop a system that will allow the
implementation of Green Infrastructure and prioritize
area of high water quality concern to meet the TMDL
requirements in the most cost effective way. It will also allow jurisdictions and organizations to prioritize projects for their multi-benefits, locations, pollutant concerns or other factors that are deemed beneficial for their
community.

SFEP Comprehensive Conservation Management
Plan (CCMP) Objectives
How CCMP Objectives will be met through the Bay Area
Water Quality Trading System Pilot Project
A: Protect, restore, and enhance ecological
conditions and processes that support self-
sustaining natural communities
The Project will promote the development of LID/GI and
prioritize areas of water quality concern so that projects can be implemented to better restore natural processes
of infiltration.

E: Promote integrated, coordinated, multi-benefit
approaches to increasing resiliency
The Project will allow jurisdictions and organizations from across the Bay Area to work together to meet water
quality goals through the implementation of multi-benefit projects in an integrated cost effective way.

H: Reduce contaminants entering the system and
improve water quality
The Project will promote and encourage LID/GI, which are scientifically proven to reduce pollutants and increase groundwater infiltration.

K: Promote efficient and coordinated regional
governance
The Project will allow regional coordination of LID/GI
projects and funding. Projects will be able to be prioritize for regional benefits to meet TMDL requirements.

SFEP Comprehensive Conservation Management
Plan (CCMP) Actions
How CCMP Actions will be met through the Bay Area
Water Quality Trading System Pilot Project
12: Restore watershed connections to the Estuary
to improve habitat, flood protection, and water
quality
The Project will create a system and example projects
that will improve water quality and will allow jurisdictions to fund projects that have multi-benefit solutions, such as flood production and improved habitat.
24: Manage stormwater with low impact
development and green infrastructure
The Project will create a system that will promote and
encourage LID/GI in a cost effective way.
25: Address emerging contaminates The developed system can be expanded to address future contaminates.
27: Implement Total Maximum Daily Load
projects in the Estuary, including projects to
reduce mercury, methylmercury, pesticides, and
areas of low dissolved oxygen
The Project will allow jurisdictions and organizations to implement projects in the Estuary that reduce San
Francisco Bay TMDL pollutants, even if that jurisdiction does not have an Estuary within their jurisdictional
boundary.

Regional Alternative Compliance for a Sustainable Bay- 10

4. Geographic Location
The proposed system is intended for the Bay Area counties that are currently subject to the Water Board Region 2 NPDES MRP. These include the jurisdictions in the following counties: Contra Costa, Alameda, Santa Clara, San Mateo, Vallejo, and Fairfield -Suisun. However, since jurisdictions in the North Bay and San Francisco drain to the Bay, they have an interest in the program and have also been invited to join the Advisory Committee, Attachment 1.C.

While the project is relevant the greater San Francisco Bay Areas , the pilot projects currently identified are located within Contra Costa County. The San Pablo projects are located within the Wildcat Creek watershed and the Ric hmond project runoff go directly to the Richmond Harbor . Specific locations of these projects are in Attachment 1.D and described in Section 1.D.

5. Outputs and Outcomes
Table 3: Outputs and Outcomes
Outputs
(activity, effort and/or work product during
project period)
Outcomes
(quantitative environmental results)
Short-Term (1-5 Years) Long-Term (5-20+ Years)
Quarterly Progress Reports
Water Quality Trading Workshop
Twenty Committee Meetings
Template Contracting and/or MOU
documentation
Template annual operation & maintenance
certification documentation
Design Documents for Pilot Project(s)
Green Plan-IT Pilot Tracking System
Final Project Report
Regional Water Quality Trading System
Four (4) presentations to the region
Executed documentation for implementation
of pilot project (minimum 1)
Implementation of 3 GI/LID
projects in the Bay Area
through the developed
System

Implementation San Pablo
Sutter Street and Richmond
2nd Street Project with:
- 84 acres of treated area
- Plant 100 trees
- PCB reduction of 3 grams
- 40-80% reduction in PAHs
and heavy metals

Assist NPDES MRP
Permittees achieving the
PCB TMDL wasteload
allocation (2 kg/yr)

NPDES MRP Permittees
achieving the PCB loads
reduced through Green
Infrastructure (3 kg/yr)

90% reduction in GI permit
compliance costs

Expansion of the System
for the reduction of future
or other identified
pollutants in Bay Area
watersheds

Table 3 provides the summary table for the Outputs and Outcomes for the project. The project has 10 main Outputs/Deliverables explained below:

1. Quarterly Progress Reports- Quarterly Progress Reports (QPRs) will be provided to EPA with the status, accomplishments and challenges over that reporting period. Progress of the outputs will be tracked through the QPRs.

2. Workshop Material- All workshop materials including presentations and meeting minutes will be provided as a deliverable in the QPR.

3. Meeting Material- Agendas and meeting minutes will be provided as a deliverable in the QPRs.

Regional Alternative Compliance for a Sustainable Bay- 11

4. Template Documents- All template documents developed will be a final deliverable. These may include: MOUs/Contracts, operation and maintenance information, example required project information sheets (for tracking and approval purposes), example or template calculation methods and information packets that are developed.

5. Green Plan -IT Pilot Tracking System - SFEI will develop a pilot tracking system that will allow projects to input t he relevant information for the ongoing tracking and monitoring. This system will be available online for all to view, and those with project inf ormation will be able to update the information.

6. Design Documents- Design documents developed for pilot project(s) will be provided to the EPA.

7. Presentations- A minimum of four (4) presentations will be delivered as part of the project. The EPA will be invited to attend and be provided the presentation material.

8. Executed Pilot Project Documentation - The grant incl udes an executed agreement for a pilot project to test the regional alternative compliance + water trading system. The resulting agreements from this transaction will be provided to the EPA.

9. Pilot Project Feedback - The project will provide feedback documen tation from the funding source, project recipient and regulatory agency so that any potential changes or improvements are documented.

10. Final Project Report- The Final Project Report will be provided to the EPA at the end of the project.

The Final Report will include revisions from the draft report.

Metrics and Magnitude
The Case Study in Section 1 provides an example of the magnitude of how this project could affect GI implementation in the Bay Area. There is the potential for hundreds of projects to be implemented and funded through the developed System. If this occurs, permittees will be taking significant strides to meet the GI requirement in the NDPES permit and the total TMDL requirement. This program will provide a path for NPDES MRP permittees to meet the GI requirement of 3 kg/yr.

6. Budget Detail
Table 4: Budget
No. Project Component U.S. EPA
Grant In-kind Total
1 City, Regulatory and Organizational Staff Hours $ 15,000 $ 107,000 $ 122,000 2 Water Quality Trading System Design and Development $ 445,000 $ 85,000 $ 530,000 3 Legal Review and Consulting $ 90,000 $ - $ 90,000 4 Tracking System and Stormwater BMP Data Standards $ 80,000 $ 40,000 $ 120,000 5 Pilot Project Design $ 50,000 $ 448,000 $ 498,000 Total $ 680,000 $ 680,000 $ 1,360,000

6.A Narrative Description of Budget
Item 1 - The project will provide in-kind staff hours from various cities, regulatory agencies and other organizations. The staff hours from meetings, material development and review, pilot project development and presentations will all be tracking and accounted for as in-kind match.

Item 2- The project will release an RFP for qualified consultants for the development of the proposed water quality trading system. This item includes consultant time for meeting facilitation, document reviews, System development, material development, project management, technical reviews, regulatory reviews and any other aspects that may be needed in the development of the System.

Regional Alternative Compliance for a Sustainable Bay- 12

Item 3- The above RFP will also include a specific legal review of the developed System.

Item 4- The project will develop an online tracking system through the SFEI GreenPlan -IT Tracker. The $40,000 in-kind match will produce documentation of data exchange standards related to stormwater BMPs.

Item 5- To pilot the proposed system the cities of San Pablo and Richmond will need to advance designs of the proposed pilot projects so that the costs for the proposed pilot projects are accurately reflected when executing agreements for credit trading.

7. Timeframe
Table 5: Timeframe
Project Milestones and Deliverables
2019 2020 2021 2022
Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Task 1. Management, Oversight and Reporting:

Grant Contracting and Approval  
Quarterly Progress Reports to U.S. EPA              Draft Final Project Report to U.S. EPA     Final Project Report to U.S. EPA   Task 2. Development of Alternative Compliance
System
RFP for Development of System   
Award Contracts for RFP     
Project Kick-off and Orientation             Regional Workshop on Water Quality Trading             Committee Meetings            
System Development            
Development of Tracking Tool            Development of Template Documents            Final Legal/Regulatory Review           Final Document Review and Approval            Task 3. Pilot Project Development
Identification of Potential Pilot Project(s) and
Funder(s)       
Initial Design of Project(s)         Pilot of Template Documents of Project(s)        Sign MOU/Contract between Project(s) and
Funder(s)    
Task 4. Presentations/Workshops to Bay Area
Development of Presentation          
Educational Sessions and Presentations            

Although no specific construction projects will occur within the timeline of the grant, this grant project proposes agreements to be signed for a minimum of one project to occur as a result of the developed System. It is anticipated that the proposed pilot project will be completed within 1 -2 years of the grant Regional Alternative Compliance for a Sustainable Bay- 13

completion. It is highly likely that multitude of projects across the Bay Area will be implemented as a result of this project.

8. Programmatic Capability and Past Performance history

8.A Programmatic Capability and Past Performance- Projects Rumrill Sports Complex - In 2013/2014 the City of San Pablo received funding from the U .S. EPA (Brownfields Cleanup Cooperative Agreement), Prop 84 and Measure WW to fund a contaminated site cleanup and development of a public sports park. This project provided funding to the City of San Pablo to clean up the Burlington Northern Santa Fe (BNSF) railroad track brownfield site, and conduct community involvement related to the cleanup activities where 4.5 acres were cleaned and redeveloped as the Rumrill Sports Complex. This was a complex project with multiple funding sources however, the City of San Pablo was able to complete the project and meet all of the reporting requirements from the different agencies. Agreement requirements included, but were not limited to quarterly reports, final reports, affiliation signage, community education and involvement, additional written reports when requested, financial records for auditing purposes and inclusion of green feature designs where possible.

Funding Source and Amount: U.S. EPA $600,000 & Prop 84 $3,000,000 & Measure WW $425,000 Total Project Cost: $5.7M

Roadway Rehab- In 2014 the City of San Pablo receive d funding to perform repairs, rehabilitation and maintenance on major roadways. The City of San Pablo was able to complete the project and meet all of the reporting requirements. Agreement requirements included, but were not limited to resolution adoption, six monthly invoice reporting, final project repor t, additional written reports when requested and financial records for auditing purposes.

Funding Source and Amount: One Bay Area Grant (OBAG) $454,000 Total Project Cost: $857,000

Wildcat Creek Trail Enhancement- The 2015 project constructed an eight-foot wide asphalt trail along an 840 ft. creek segment between 23rd Street and Davis Park in San Pablo. The project included a trail, pedestrian bridge, lighting, safety improvement and riparian habitat restoration. The City of San Pablo was able to comp lete the project and meet all of the reporting requirements. Agreement requirements included, but were not limited to site visits, inspection reports, ongoing monitoring, affiliation and educational signage, additional written reports when requested and fi nancial records for auditing purposes.

Funding Source and Amount: Caltrans Environmental Enhancement Fund $350,000 & ABAG $120,000 Total Project Cost: $1.8M

Rumrill Complete Streets- In 2016 the City of San Pablo received funding from multiple sources, including EPA SFBWQIF, for an overhaul of Rumrill Boulevard with the goals to encourage multiple modes of transportation and improve water quality by installing Low Impact Development (LID) in an area of high water quality concern. The project will be completed in December of 2020, to date all reporting and other requirements have been completed on time. Agreement requirements included, but were not limited to quarterly reports, final r eports, affiliation signage, community education and involvement, additional written reports when requested, and financial records for auditing purposes.

Funding Source and Amount: EPA $864,634, Caltrans (ATP) $4.3 million & (SB1) $3.2 million, CNRA $3.9 million, Measure J $1 Million
Total Project Cost: $15,000,000
Regional Alternative Compliance for a Sustainable Bay- 14

8.B Organizational Experience
As the lead applicant, t he City of San Pablo will implement this project under the direction of the Public Works Department. The City of San Pablo has dedicated and experienced staff that deliver multiple grant funded projects annually. Currently the following staff have been assigned to this project as the delivery team:

Project Manager- Amanda Booth, Senior Management Analyst. Amanda has over 8 year of experience in developing and delivering various environmental programs. Ms. Booth manages the stormwater and sustainability programs for the City of San Pablo; as such, she will coordinate and collaborate with other partners of the program, be the lead in the release of RFPs for the project and provide the Quarterly Progress and Final Reports to EPA on the project.

Grant Management - Vicky Voice howsky, Management Analyst. Vicky Voicehowsky has 3 years of experience in the management and administration of Federal and State grants for local government agencies. She has successfully managed millions of dollars of grant funds from award to closeout, including funding from Federal Highway Administration, Caltrans and the Metropolitan Transportation Commission.

Ms. Voicehowsky is the Management Analyst and procurement/grant administrator for the City of San Pablo’s Public Works Department. She is responsible for ensuring compliance with all grant agree ment policies and procedures; maintaining a record system for grant expenditures and required documentation; and ensuring timely status reporting and preparation of final closeout documentation.

In addition to the Public Works Department, the City has a finance department that has received over 20 consecutive GFOA Awards, which is in recognition to a significant achievement in financial reporting and for demonstrating a constructive “spirit of full disclosure” for our Comprehensive Annual Financial Report.

These two departments work cooperatively to ensure a complete and timely project delivery.

9. Expenditure of Awarded Grant Funds
The City of San Pablo has an experienced finance department and administrative staff to help administer the grant funds. The Public Works Department has weekly staff meetings to get updates on projects and discuss any issues or upcoming reporting requirements. The City of San Pablo has developed policies and procedures for the complete efficient and effective delivery of grant proje cts. These policies and procedures include the development of extensive checklists, delivery milestones, project schedules, contracting requirements and more. For the Regional Alternative Compliance for a Sustainable Bay Project, the Senior Management Analyst will be dedicated to ensure all reporting requirements are met within the desired timeframe. This Senior Management Analyst will work with the departmen ts Management Analyst, project partners and the consultants to ensure reports are complete and accurate.

10. Partnerships
A successful process for building and operating a n alternative compliance/water quality trading system programs largely depends on the right stakeholders fulfilling the right roles, and on cultivating trading champions during the process. Therefore, the project has already:
 Identified three cities that will champion the development of the program and pilot the syst em during the pilot phase (San Pablo, Richmond & Walnut Creek);  Engaged with Water Board staff whom have shown support for the project and will provide staff for the Advisory Committee;
 Partnered with SFEI for technical expertise and the development of a tracking system; and  Contacted cities in the Bay Area to enlist participation in the Advisory Committee.

Regional Alternative Compliance for a Sustainable Bay- 15

10.A Steering Committee
The following cities have been identified as project partners and Steering Committee Members. These cities were identified because they each provide a specific required aspect needed to pilot a new System.

San Pablo and R ichmond are both identified as disadvantaged c ommunities with areas of high PCB pollutant loads. However, each of these communities have limited fund s to implemented GI to achieve pollutant reductions, therefore these communities have been identified as potential project recipients .

The City of Walnut Creek has very few areas of old industrial land use but has a vast amount of development occurring in the down town area with limited space. Therefore, Walnut Creek has been identified as an entity that may sponsor a project or allow a developer to pay for a project in a different jurisdiction. As the project moves forward if additional interested cities volunteer to be project recipients or project sponsors the Steering Committee will have up to four (4) cities.

City of San Pablo- The City of San Pablo has volunteered to be on the Steering Committee and will be providing up to $100,000 in in-kind match and staff hours to the project. San Pablo’s match will be used to advance the design of their pilot project so that an accurate cost for the proj ect can be used when piloting the System. San Pablo will be the lead for the grant.

City of Walnut Creek- The City of Walnut Creek has volunteered to be on the Steering Committee and will be providing up to $100,000 in in-kind cash match and staff hours to the project. In addition, Walnut Creek will be working with the potential developers in thei r jurisdiction that are willing to provide funding for pilot projects.

City of Richmond- The City of Richmond has volunteered to be on the Steering Committee and will be providing up to $100,000 of in-kind match and staff hours to the project. Richmond’s match will be used to advance the design of their pilot project so that an accurate cost for the project can be used when piloting the System.

10.B Technical Project Partner
SFEI- SFEI will be on the Advisory Committee and will be using their Green Plan-IT tool to develop a Pilot Tracking System and provide $40,000 in in-kind match from the OPC-funded stormwater project.

10.C Other Project Participants
In addition to the above listed project partners, the following organization have agreed to participate on the Advisory Committee (providing in-kind staff hours) to learn and provide input on the proposed System.

Each of these entities have expressed interest in using a water quality trading system in the future.  City of Oakland
 City of San Jose
 City of Pittsburg
 City of Dublin
 Contra Costa County
 Port of Oakland
 Contra Costa County Flood
Control District
 Contra Costa County Clean
Water Program
 Napa Countywide
Stormwater Pollution
Prevention Program (NCSPPP)
 San Francisco Bay Regional
Water Quality Control Board
 San Francisco Estuary
Partnership
 San Pablo and Wildcat Creek
Watershed Council
 California Department of Fish
and Wildlife

While the above organizations have identified their specific desire to be involved, the Project Team will continue to reach out to stakeholders in the Bay Area for a diverse group of involvement in the development of this regional program.

Attachment 1
Concept Project Designs, Maps &
Watershed Project Locations

SPO-42
SPO-Bush St*
SPO-39
SPO-06
SPO-13
SPO-15
SPO-17
SPO-21
SPO-22
SPO-41
SPO-34
SPO-37SPO-29
SPO-28
SPO-24
SPO-26
SPO-10
SPO-12
SPO-19 SPO-36
SPO-30
SPO-35
SPO-33
SPO-32
SPO-31
SPO-27
SPO-25
SPO-23
SPO-40
SPO-20
SPO-18
SPO-11
SPO-38
SPO-07
SPO-03
SPO-05
SPO-08
SPO-04
SPO-09
SPO-01
SPO-02
SPO-16
SPO-14
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\9 San Pablo\San_Pablo_Areal_AdminDraft_20180522.mxd 5/22/2018 7:46:19 PM Legend
Project Area
Existing Stormwater Infrastructure
Inlet
Storm Drain
³
Contra Costa Watersheds Stormwater Resource Plan
Sutter Avenue Green Street Retrofit
10% Conceptual Design
Figure
D - 4/g20
WW2371 May 2018
Draft
San Pablo, CA
Land Use Yield Category
New Urban
Old Industrial
Old Urban
Open Space
Control Measure Drainage Areas
SPO-01
SPO-02
SPO-03
SPO-04
SPO-05
SPO-06
SPO-07
SPO-08
SPO-09
SPO-10
SPO-11
SPO-12
SPO-13
SPO-14
SPO-15
SPO-16
SPO-17
SPO-18
SPO-19
SPO-20
SPO-21
SPO-22
SPO-23
SPO-24
SPO-25
SPO-26
SPO-27
SPO-28
SPO-29
SPO-30
SPO-31
SPO-32
SPO-33
SPO-34
SPO-35
SPO-36
SPO-37
SPO-38
SPO-39
SPO-40
SPO-41
SPO-42
Bush St*
Project Location
03 0 0
Feet
04 Miles
*Insufficient room within the Sutter St. ROW to completely treat additional surface drainage from Bush St. and 17th St.

It is allowable to undersize facilities due to space constraints in dense urban areas.

Alternatively, more BMPs could be installed along Bush St. as part of a later phase if feasible.

SPO-42
SPO-39
SPO-06
SPO-13
SPO-15
SPO-17
SPO-21
SPO-22
SPO-41
SPO-Bush
St*
SPO-12
SPO-19SPO-40
SPO-20
SPO-18
SPO-38
SPO-07
SPO-03
SPO-05
SPO-08
SPO-04
SPO-09SPO-01
SPO-02
SPO-16
SPO-14
14th St
15th St
16th St
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\9 San Pablo\San_Pablo_Panel_1_AdminDraft.mxd 5/22/2018 5:44:29 PM Legend
Existing Stormwater Infrastructure
Inlet
Surface Flow Direction
Storm Drain
08 0
Feet
³
San Pablo, CA
Contra Costa Watersheds Stormwater Resource Plan
Sutter Avenue Green Street Retrofits
10% Conceptual Design
Detail Panel 1
Figure
D - 4/g21
WW2371 May 2018
Draft
Control Measure Drainage Areas
SPO-01
SPO-02
SPO-03
SPO-04
SPO-05
SPO-06
SPO-07
SPO-08
SPO-09
SPO-12
SPO-13
SPO-14
SPO-15
SPO-16
SPO-17
SPO-18
SPO-19
SPO-20
SPO-21
SPO-22
SPO-38
SPO-39
SPO-40
SPO-41
SPO-42
Bush St
Proposed Control Measures
Silva Cells Under Permeable Paving
Bioretention Without Underdrain
Bioretention With Underdrain
Note: Control measure placement locations were identified using ArcGIS and Google Earth, and represent the approximate size of the footprint needed per drainage area.

Further investigation is needed to verify the locations of underground utilities and control measure implementation feasibility .

SPO-Bush St*
SPO-39
SPO-34
SPO-37SPO-29
SPO-28
SPO-24
SPO-26
SPO-10
SPO-19 SPO-36
SPO-30
SPO-35
SPO-33
SPO-32
SPO-31
SPO-27
SPO-25
SPO-23
SPO-41
SPO-11
SPO-38
19th St
21st St
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\9 San Pablo\San_Pablo_Panel_2_AdminDraft.mxd 5/22/2018 5:18:04 PM Legend
Existing Stormwater Infrastructure
Inlet
Surface Flow Direction
Storm Drain
01 1 0
Feet
³
San Pablo, CA
Contra Costa Watersheds Stormwater Resource Plan
Sutter Avenue Green Street Retrofits
10% Conceptual Design
Detail Panel 2
Figure
D - 4/g22
WW2371 May 2018
Draft
Control Measure Drainage Areas
SPO-10
SPO-11
SPO-19
SPO-23
SPO-24
SPO-25
SPO-26
SPO-27
SPO-28
SPO-29
SPO-30
SPO-31
SPO-32
SPO-33
SPO-34
SPO-35
SPO-36
SPO-37
SPO-38
SPO-39
SPO-41
Bush St*
Proposed Control Measures
Silva Cells Under Permeable Paving
Bioretention Without Underdrain
*Insufficient room within the Sutter St. ROW to completely treat additional surface drainage from Bush St. and 17th St.

It is allowable to undersize facilities due to space constraints in dense urban areas.

Alternatively, more BMPs could be installed along Bush St. as part of a later phase if feasible.

Note: Control measure placement locations were identified using ArcGIS and Google Earth, and represent the approximate size of the footprint needed per drainage area.

Further investigation is needed to verify the locations of underground utilities and control measure implementation feasibility .

Contra Costa Watersheds
Stormwater Resource Plan
April 2018
Figure D-/g23/g23
/g37/g76/g82/g85/g72/g87/g72/g81/g87/g76/g82/g81 Profile Schematic and Examples

(OPTIONAL)
Contra Costa Watersheds
Stormwater Resource Plan
April 2018
Figure D-4/g24
Silva Cell Profile Schematic and Examples

2ND STREET BIKEWAY PROJECT

SITE DESCRIPTION
Jurisdiction: City of Richmond
Location: Green street on 2nd Street between Ripley Ave nue and Cutting Boulevard and bioretention with underdrains on publicly-owned parcels north of I-580 APN(s): Green street: rights-of-way; Bioretention: 550251018, 550182017, 550181021, 550162029, 550161027
Land Owner: City of Richmond
Planning Unit, Watershed: South Planning Unit/Baxter/Cerrito Richmond Drainages ROW Length / Parcel Size 1.2 miles (2nd Street Green Street), 0.97 acres (North of 580 Area) Soil Type: HSG C

PROJECT CONCEPT
Second Street in the City of Richmond, between Cutting Boulevard to the south and Ripley Avenue to the north, has been identified as a potential location for the implementation of a complete street incorporating a bikeway and green infrastructure retrofit (Figure D-36). A complete street would provide continued safe pedestrian and bike access extending north and south from the current terminus of the Richmond Greenway Trail, and allow for 2nd Street to become a biking or walking destination.

The proposed 2nd Street complete street will treat a mix of old industrial land use area located in the southern portions of the project and old residential areas to the north. Urban runoff flows from north to south along 2nd Street, toward the San Francisco Bay, largely in curb and gutter landscape drainage.

Proposed stormwater treatment retrofits within the relatively narrow 2nd Street right of way include a combination of intersection bioretention bulb-outs and Silva Cells under permeable paving (Figure D-37 and Figure D -38). Silva Cells treat stormwater and promote street tree growth by retaining stormwater in a soil matrix beneath the ground surface permeable paving allows stormwater to infiltrate into the soil matrix. A series of bioretention bulb-outs are proposed on identified corners of 2nd Street intersections to allow for installation of bioretention and to slow traffic. Bulb-outs will be installed with an underdrain connection where existing stormwater infrastructure is nearby and will otherwise be unlined and allowed to infiltrate into the underlying soil, providing that infiltration is not hazardous (preliminary desktop analysis indicates that some level of infiltration is feasible, but field confirmation of depth to groundwater will be required).

A total of 40 bioretention bulb-outs (18 with underdrain, 22 without) and 41 segments of Silva Cells under permeable paving are proposed for the 2 nd Street complete street project. These 86 facilities will treat a total of 35 identified drainage areas, shown on Figure D-36. Locations of proposed bulb-outs and Silva Cells under permeable paving are shown on Figures D-37 and D-38.

Figure D- 39 presents a schematic cross-section and examples of bioretention facilities. Figure D- 40 presents a schematic cross-section and example of Silva Cell facilities. Placement and selection

of green infrastructure was completed using review of aerial imagery; plan review and field confirmation of drainage and utility conflicts will be required.

A group of publicly -owned parcels to the east of 2nd Street and just north of I-580 present an additional opportunity to implement green infrastructure to treat portions of I-580 and the associated right-of-way in addition to drainage from the old residential and industrial areas to the north of I-580 east of 3rd Street. The publicly-owned parcels at the end of 3 rd Street and adjacent to cul-de-sacs at the end of 4th, 5th, 6th, and 7th Street are proposed to incorporate bioretention with underdrains. The opportunity to treat I-580 right -of-way drainage p resents an opportunity to collaborate with Caltrans. Inlet structures will allow for flow bypass at some of these facilities if needed, due to large drainage areas and limited space available for bioretention.

DESIGN INFORMATION
Drainage Catchment Size: 30.8 (2nd Street Green Street), 41.7 acres (North of I-580 Area),

72.5 acres total
Drainage Catchment Imperviousness: 89%
Land Use Yield Category (%):

Category Catchment Area
New Urban 5%
Old Industrial 9%
Old Urban 82%
Open Space 4%
Source Property <1%

Precipitation Depth: 24.1 inches
Facility Type: Bioretention with/without underdrains; Silva Cells under permeable pavement
Facility Footprint: 1.82 acres (2nd Street Green Street), 0.97 acres (North of I-580 Area),

2.80 acres total

Drainage areas RIC-01 through RIC-30 below represent areas along 2nd street. Drainage areas RIC- 31 through RIC-35 represent areas to the east of 2nd Street and just north of I-580. Drainage areas along 2nd street may contain multiple facilities and facility types.

Location Total Drainage
Area (acres)
Footprint (sq-ft)
Bioretention with
Underdrain
Bioretention
without
Underdrain
Silva Cells under
Permeable Pavement
RIC-01 1.1 241 85
RIC-02 1.0 93 2,065
RIC-03 3.4 189 1,921
RIC-04 3.2 478 1,051
RIC-05 2.0 121 89 2,852
RIC-06 1.6 170 1,676
RIC-07 1.7 228 1,783
RIC-08 1.2 117 92 1,711
RIC-09 1.6 122 120 1,700
RIC-10 2.9 337 1,430
RIC-11 0.1 110
RIC-12 0.3 106
RIC-13 0.7 1,984
RIC-14 0.2 95
RIC-15 0.7 106 394
RIC-16 0.3 72
RIC-17 1.4 106 2,055
RIC-18 0.3 381
RIC-19 0.9 390 2,438
RIC-20 0.2 63
RIC-21 0.7 106 4,308
RIC-22 0.1 89
RIC-23 0.5 104 1,401
RIC-24 0.3 88
RIC-25 0.9 106 399
RIC-26 0.2 89
RIC-27 1.0 105 1,605
RIC-28 0.2 89
RIC-29 1.7 106 1,513
RIC-30 0.2 116
RIC-311 8.1 1,253
RIC-321 10.1 1,512
RIC-33 2.8 2,443
RIC-341 19.0 1,931
RIC-35 1.7 1,530
TOTAL (acres) 72.5 0.25 0.06 0.74
1Note: These drainage areas (RIC-31,-32,and -34) are the entire hydraulically connected drainage areas. Due to limited space available for bioretention, inlet structures will be installed to allow bypass of high flows. The proposed bioretention facilies in these areas will therefore capture less than the design standard of 80% of annual average runoff, with all additional runoff bypassing the facilities.

PROJECT BENEFITS
PCBs Loads Reduced: 2.3 grams per year1
Mercury Loads Reduced: 1.1 grams per year1
Water Supply Benefits: N/A
Flood Management Benefits: The project will provide some flood management benefits through peak flow attenuation.

Natural Drainage System Benefits: N/A
Habitat or Open Space Benefits: The project will provide 0.3 acres of green space within an urban area.

Community Benefits: The project will improve 2 nd street by incorporated a bikeway.

Bioretention bulbouts will calm traffic.
1 Note: Project runoff factors for computing load reduction were estimated for each drainage area using Table 3-2 from the Contra Costa Stormwater C.3. Guidebook, 7th Edition. Load reduction estimates for PCBs and mercury assume all vegetated bioretention- type devices will capture 80% of long -term runoff volume with an assumed infiltration rate of 0.24 inches per hour. Actual site - specific infiltration testing should be performed as part of final design. Load reduction for RIC -31, -32, and -34 facilities is based on the equivalent effective drainage are that can be treated at 80% capture of long -term runoff volume using the proposed facility footprint sizes.

COST ESTIMATE

DESCRIPTION TREATED

AREA (AC) UNIT COST TOTAL COST
Green Street Project 30.8 ($114,687 x acres) + $36,927 $3,565,000 Regional Retrofit Project 9.91 $38,633 x acres $383,000 DESIGN AND CONSTRUCTION COST $ 3,948,000
1Note: This area represents the equivalent drainage area that can be treated at the design standard of 80% capture for the North of I-580 area facilities (areas RIC-31 through RIC-35).

RIC-01
RIC-10
RIC-02
RIC-03
RIC-04
RIC-04RIC-05RIC-06RIC-07RIC-08RIC-09
RIC-32
RIC-33
RIC-34
RIC-35
RIC-10
RIC-19
RIC-20
RIC-21
RIC-22
RIC-23RIC-23
RIC-24RIC-25RIC-26
RIC-27RIC-28
RIC-11
RIC-29
RIC-30 RIC-12
RIC-13
RIC-14
RIC-15
RIC-16RIC-17RIC-18
RIC-31
RIC-32
RIC-34
RIC-33
RIC-35
W Ohio Ave
Garrard Blvd
Richmond Pkwy
1st St
Chanslor Ave
Bissell Ave
Macdonald Ave
Barrett Ave
Richmond Greenway Trl Maine Ave
Florida Ave Cutting BlvdOhio Ave
Nevin Ave
Ripley Ave
W Macdonald Ave
I-580
John T Kn
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\6 Richmond\Richmond_aerial_072318.mxd 7/23/2018 3:07:08 PM Legend
Existing Stormwater Infrastructure
Storm Drain
Inlet
³
Contra Costa Watersheds Stormwater Resource Plan
2nd Street Bikeway
10% Conceptual Design
Figure
D-36
WW2371 July 2018
Richmond, CA
Land Use Yield Category
New Urban
Old Industrial
Old Urban
Open Space
Control Measure Drainage Areas
RIC-01
RIC-02
RIC-03
RIC-04
RIC-05
RIC-06
RIC-07
RIC-08
RIC-09
RIC-10
RIC-11
RIC-12
RIC-13
RIC-14
RIC-15
RIC-16
RIC-17
RIC-18
RIC-19
RIC-20
RIC-21
RIC-22
RIC-23
RIC-24
RIC-25
RIC-26
RIC-27
RIC-28
RIC-29
RIC-30
RIC-31
RIC-32
RIC-33
RIC-34
RIC-35 0 500
Feet
Project Location
RIC-10
RIC-04RIC-05RIC-06RIC-07RIC-08RIC-09
RIC-19
RIC-20
RIC-21
RIC-22
RIC-23
RIC-24RIC-25RIC-26
RIC-27RIC-28
RIC-29
RIC-30
RIC-17
RIC-18
RIC-31
RIC-32
RIC-34
W Ohio Ave
Garrard Blvd
RichmondPkwy
Barrett Ave
Macdonald Ave Bissell Ave Chanslor Ave
Richm
ond
GreenwayTrl
Ohio Ave
Nevin Ave
Ripley
Ave
W Macdonald Ave
1st St
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\6 Richmond\Richmond_zoomin_EF_revised.mxd 7/17/2018 3:48:15 PM Legend
Existing Stormwater Infrastructure
Inlet
Storm Drain
Surface Flow Direction
0 240
Feet
³
Contra Costa Watersheds Stormwater Resource Plan
Figure
D - 37
WW2371 July 2018
2nd Street Bikeway
Richmond, CA
Control Measure Drainage Areas
RIC-04
RIC-05
RIC-06
RIC-07
RIC-08
RIC-09
RIC-10
RIC-17
RIC-18
RIC-19
RIC-20
RIC-21
RIC-22
RIC-23
RIC-24
RIC-25
RIC-26
RIC-27
RIC-28
RIC-29
RIC-30
RIC-31
RIC-32
RIC-34
Proposed Control Measures
Bioretention Bulbout With Underdrain
Bioretention Bulbout Without Underdrain
Silva Cells Under Permeable Paving
Mini-Roundabout
10% Conceptual Design
Note: Control measure placement locations were identified using ArcGIS and Google Earth, and represent the approximate size of the footprint needed per drainage area.

Further investigation is needed to verify the locations of underground utilities and control measure implementation feasibility.

Detail Panel 1
RIC-01RIC-02
RIC-03RIC-04RIC-05RIC-06
RIC-10
RIC-19
RIC-20
RIC-21
RIC-11
RIC-12RIC-13RIC-14
RIC-15
RIC-16
RIC-17RIC-18
RIC-31
RIC-32
RIC-34
RIC-33
RIC-35
W OhioAve
1st St
Chanslor Ave
Richm
ond
GreenwayTrl
Ohio Ave Florida Ave
Cutting BlvdMaine Ave
I- 580
John T Knox Fwy
P:\GIS\CCCWP\Project\SWRP_2017\Concept Plans\6 Richmond\Richmond_zoomin_EF_revised.mxd 7/17/2018 3:48:15 PM Legend
Existing Stormwater Infrastructure
Inlet
Storm Drain
Surface Flow Direction
0 250
Feet
³
Contra Costa Watersheds Stormwater Resource Plan
Figure
D - 38
WW2371 July 2018
2nd Street Bikeway
Richmond, CA
Control Measure Drainage Areas
RIC-01
RIC-02
RIC-03
RIC-04
RIC-05
RIC-06
RIC-10
RIC-11
RIC-12
RIC-13
RIC-14
RIC-15
RIC-16
RIC-17
RIC-18
RIC-19
RIC-20
RIC-21
RIC-31
RIC-32
RIC-33
RIC-34
RIC-35
Proposed Control Measures
Bioretention Bulbout With Underdrain
Bioretention Bulbout Without Underdrain
Silva Cells Under Permeable Paving
Mini-Roundabout
10% Conceptual Design
Note: Control measure placement locations were identified using ArcGIS and Google Earth, and represent the approximate size of the footprint needed per drainage area.

Further investigation is needed to verify the locations of underground utilities and control measure implementation feasibility.

Detail Panel 1
Contra Costa Watersheds
Stormwater Resource Plan
April 2018
Figure D-39
Bioretention Profile Schematic and Examples

(OPTIONAL)
Contra Costa Watersheds
Stormwater Resource Plan
April 2018
Figure D-40
Silva Cell Profile Schematic and Examples

Attachment 1.C- San Francisco Bay

Attachment 1.D- San Pablo and Richmond Potential Pilot Project Locations

Wildcat Creek Watershed

Sutter Project
Location
2nd Street Bikeway
Project Location
Attachment 2
Letters of Support
Sent via email: no hard copy to follow
November 29, 2018
Environmental Protection Agency
Attn.: EPA WQIF Coordinator, Luisa Valiela
EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105
Emailed to: Luisa Valiela, [email protected]
Subject: Letter of Support for the City of San Pablo’s Regional Alternative Compliance for a Sustainable Bay
Dear Selection Committee:

San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) staff are pleased to support the City of San Pablo’s EPA Water Quality Improvement Fund grant application: Regional Alternative Compliance for a Sustainable Bay.

The proposed grant application from the City of San Pablo will be adding a water quality/pollutant trading system to the SFBRWQCB’s Alternative Compliance mechanism that is in the Region 2 Municipal Regional Permit. A water quality trading system has the ability to more efficiently and affordably improve water quality, reduce compliance pressures on permittees, and decrease the overall costs of water quality improvements. This proposed project will also help to promote green infrastructure/low impact development (GI/LID) across the Bay Area with the potential for substantial costs savings while meeting the same water quality goals. Through the implementation of GI/LID, this program will help to provide a compliance pathway in meeting the Total Maximum Daily Loads (TMDLs) in the Bay Area.

The goals of the proposed project are consistent with those of the SFBRWQCB, which is why we will be committing staff to be i nvolved in this project and wh y we encourage the EPA grant selection committee to give strong consideration to this regional collaborative project when making funding decisions. Thank you very much for your consideration.

EPA Region 9 - 2 - November 29, 2018
If you have any questions, contact Dale Bowyer at (510) 622-2323 or via email to [email protected].

Sincerely,
Keith H. Lichten, Chief
Watershed Management Division
cc: Amanda Booth – San Pablo
Rinta Perkins – Walnut Creek
Dale
Bowyer
Digitally signed by
Dale Bowyer
Date: 2018.11.29
16:55:09 -08'00'

Attachment 3
40 C.F.R. Procedures

CITY OF SAN PABLO

ADMINISTRATIVE POLICY AND COMPLAINT PROCEDURE AGAINST

HARASSMENT, DISCRIMINATION, & RETALIATION
Purpose

The purpose of this Policy is to: establis h a strong commitment to prohibit and prevent discrimination, harassment, and re taliation in employment; to define those terms, and to set forth a procedure for invest igating and resolvi ng internal complain ts. The City of San Pablo encourages all covered in dividuals to report any conduct that is believed to violate this policy as soon as possible.

Policy
The City of San Pablo does not tolerate any conduct that violates this Policy. Conduct need not arise to the level of a violat ion of law in order to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.

Harassment or discrimination against an appl icant or employee by a supervisor, management employee, co-worker or contractor on the basis of race, religion, sex (including gender and pregnancy), nat ional origin, ancestry, disability, medical condition, genetic characteristics, marital status, age, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) is not tolerated.

This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, di sciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.

Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.

Definitions
A. Protected Classifications : This policy prohibits ha rassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service mem ber status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or mental disability.

B. Policy Coverage: This pol icy prohibits City officials, officers, employees or contractors from harassing or discriminating against applicant s, officers, officials, employees, or contractors because of an indi vidual’s protected classification or the individual associates with a person who ha s or is perceived to have a protected classification.

C. Discrimination: This policy requires t hat all individuals be treated with respect, dignity, and professionalism.

D. Harassment may include, but is not limited to, the followi ng types of behavior that is taken because of a person’s protected classi fication. Note that harassment is not limited to conduct that City employees ta ke. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appoint ed officials, persons providi ng services under contracts, or members of the public:

Speech - such as epithets, derogatory comment s or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical feat ures, or dress consistent with gender identification, or race-oriented stories and jokes.

Physical acts - such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propos itioning, leering, or making explicit or implied job threats or promises in return for submission to physical or non-physical acts.

Visual insults - such as derogatory posters, cartoons, or drawings related to a protected classification.

Unwanted sexual advances - requests for sexual favors and other acts of a sexual nature, where submission is made a te rm or condition of employment, where submission to or rejection of the cond uct is used as the basis for employment decisions, or where the conduct is int ended to or actually does unreasonably interfere with an individual’s work performanc e or create an intimidating, hostile, or offensive working environment.

E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1) Harassment includes any derogatory or suggestive conduct which would be unwelcome to an individual because of the recipient’s protected classification.

2) It is no defense that the recipient appear s to have voluntarily "consented" to the conduct at issue. A recipient may not protes t for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.

3) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incident s might be tolerated up to a point. The fact that no one is complaining now does not pr eclude anyone from complaining if the conduct is repeated in the future.

4) Visual, verbal, and/or physical conduc t between two employees who appear to welcome it can constitute har assment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not ex plicitly or specifica lly directed at an individual.

5) Conduct can constitute harassment in violati on of this Policy even if the individual engaging in the conduct has no intention to harass. Even well- intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an indi vidual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).

F. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported haras sment or discrimination, or has participated in the complaint and investigation process descri bed herein, is prohib ited. “Adverse conduct” includes: taking sides because an individual has repo rted harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or r eal or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.

The following individuals are protected from retaliation: those who make good faith reports of harassment or di scrimination, and those who associate with an individual who is involved in reporting harassment or discrim ination or who participates in the complaint or investigation process.

Complaint Procedure
(A) An employee, job applicant, or cont ractor who believes he or she has been harassed may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command:

1) Immediate supervisor
2) Any supervisor or manager within or outside of the department 3) Department head
4) Human Resources Manager
5) City Manager
6) Employee Reporting Line – (800) 576-5262

(B) Any supervisor or department head w ho receives a harassment complaint should notify the Human Resources Manager immediately.

1) Authorize and supervise t he investigation of the comp laint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasse r; and 3) other persons who have relevant knowledge concerning the complaint.
2) Review the factual information gat hered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to al l factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3) Report a summary of the determination as to whether harassment occurred to appropriate persons, including the co mplainant, the alleged harasser, the supervisor, and the departm ent head. If discipline is imposed, the level of discipline will not be communicated to the complainant. 4) If conduct in violation of this Policy occurred, take and/or recommend to the appointing authority prom pt and effective remedial ac tion. The action will be commensurate with the severity of the offense.
5) Take reasonable steps to protect t he complainant from further harassment, discrimination or retaliation.

6) Take reasonable steps to protect the comp lainant from retaliation as result of communicating the complaint.

(D) The City takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.

E) Option to Report to Outs ide Administrative Agencies: An individual has the option to report harassment, discrimination or retaliati on to the U.S. Equal Employment Opportunity Commission (EEOC) or the California De partment of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The neare st offices are listed in the government section of the telephone b ook or employees can check the attached DFEH-185 publication or posters that ar e located on bulletin boards for office locations and telephone numbers.

Confidentiality
Every possible effort will be made to assure t he confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited fr om discussing the substance of the interview, except as otherwise directed by a supervi sor or the Human Resources Manager. Any individual who discusses the content of an investigatory interv iew will be subject to discipline or other appropriate sanction. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.

Responsibilities
Managers and Supervisors are responsible for:

1. Informing employees of this Policy.

2. Modeling appropriate behavior.

3. Taking all steps necessary to prevent har assment, discrimination or retaliation from occurring.

4. Receiving complaints in a fair and serious manner, documenting steps taken to resolve complaints.

5. Monitoring the work environment and ta king immediate appropria te action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language

6. Following up with those wh o have complained to ensure that the behavior has stopped and that there are no reprisals.

7. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.

8. Assisting, advising, or consulti ng with employees and the Human Resources Manager regarding this Policy, and Complaint Procedure.

9. Assisting in the invest igation of complaints involving employee(s) in their departments and, if the complaint is s ubstantiated, reco mmending appropriate corrective or disciplinary action in accordance with City’s Personnel Rules, up to and including discharge.

10. Implementing appropriate disci plinary and remedial actions.

11. Reporting potential violati ons of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to t he Human Resources Division or the department head.

12. Participating in peri odic training and scheduling employees for training.

Each employee or contractor is responsible for:

1. Treating all employees and contract ors with respect and consideration

2. Modeling appropriate behavior.

3. Participating in periodic training.

4. Fully cooperating with the Cit y’s investigations by responding fully and truthfully to all questions posed during the investigation.

5. Maintaining the confidentiality of any in vestigation that the City conducts by not disclosing the substance of any investigatory interview, ex cept as directed by the department head or Human Resources Manager.

6. Reporting any act he or she believe s in good faith cons titutes harassment, discrimination, or retaliati on as defined in this Policy, to his or her immediate supervisor, or department head, or Human Resources Manager.

Dissemination of Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.

See Attachments: 1) Formal Harassment, Discrimination, & Retaliation Complaint Form; 2) Department of Fair Employment and Housing (DFEH-185) Sexual Harassment Publication; 3) Disability Under the Fair Employment & Housing Act (DFE 208-DH).

CITY OF SAN PABLO
FORMAL HARASSMENT, DISCRIMINATION, & RETALIATION
COMPLAINT FORM

Name:

Job Title:

Department:

Supervisor:

STATEMENT OF COMPLAINT
(attach other sheets if necessary)

Date & Time of Incident:

Location of Incident:

Name(s) of Person(s) Responsible:

Witness(es):

Description of Incident(s): Please state specific conduct of which you are complaining:

Resolution Requested:

Signature of Complainant: ____________________________________ Date: ___________________

Complaint Submitted to: ___________________________________________________________________

(Complaint need not be submitted to Department Head if he or she is involved in incident).

Acknowledgment Receipt

I acknowledge receipt of the City’s Administrative Policy and Complaint Procedure Against Harassment, Discrimination, and Retaliation. I understand that I am responsible for reading, understanding, and complying with the policy and standards of conduct referenced and contained in this document. I further understand that if I have questions regarding the policy I can discuss these with my supervisor or the Human Resources Manager.

I acknowledge that this policy may be revis ed and changes will be communicated through official notices. I also understand that revi sed information may supersede, modify, or eliminate the existing policy.

Employee Name: _________ _________________________________

Signature: _________ _________________________________

Date: _______________ ___________________________