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C. 81
To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: November  29, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Approve the Amendments to Reimbursement Agreements with Urban Tilth and The Watershed Project for the North Richmond Watershed Connections Project.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/29/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Michele Mancuso, (925) 313-2236
cc: Tim Jensen, Flood Control     Michele Mancuso, County Watershed Program     Catherine Windham, Flood Control    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     November  29, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

(1) APPROVE and AUTHORIZE the Contra Costa County (County) Public Works Director, or designee, to execute an amendment to the reimbursement agreement between the County and The Watershed Project (TWP) to pass through an additional $41,000 in State grant funding and to revise certain dates for the North Richmond Watershed Connections Project (Project).  
  

(2) APPROVE and AUTHORIZE the County Public Works Director, or designee, to execute an amendment to the reimbursement agreement between the County and Urban Tilth (UT) to revise certain dates for the Project.  

RECOMMENDATION(S): (CONT'D)
  
(3) AUTHORIZE the County Public Works Director, or designee, to execute any further amendments to the reimbursement agreements that either do not increase the reimbursement limits to TWP or UT or that involve additional State grant funding.

FISCAL IMPACT:

The Project is funded by a State grant from the State Coastal Conservancy (SCC). The State grant has been amended to provide $41,000 in additional funding for the Project, thereby increasing the total State funding from $884,000 to $925,000, which includes $78,000 to the County for Project administration. Project No. 7517-6W7257 (100% SCC Grant Funds)

BACKGROUND:

On October 8, 2019, the Board authorized the Public Works Director, or designee, to accept a State grant for $884,000 and to execute a grant agreement between the SCC and the County for the design, construction, and long-term maintenance of the Project in the North Richmond community. The County is working in collaboration with TWP and UT to plan, design, and construct the grant-funded Project.  
  
On January 11, 2022, the Board approved and authorized the execution of an agreement between the County and TWP for the design, construction, and long-term maintenance of Component 3 of the Project, consisting of wayfinding and interpretative elements along Wildcat Creek and the Watershed Connection Route in North Richmond, and the establishment by TWP of an “Adopt a Tree” program in the North Richmond community. The County/TWP agreement provided for the pass-through to TWP of up to $150,000 in funding from the SCC grant.  
  
On March 1, 2022, the Board approved and authorized the execution of an agreement between the County and UT for the design and installation of Component 2 of the Project, consisting of sidewalks, bike lanes, and stormwater infrastructure in the North Richmond community. The County/UT agreement provided for the pass-through to UT of up to $422,000 in funding from the SCC grant.  
  
Effective April 25, 2022, SCC amended the grant agreement with the County to provide $41,000 in additional funding for additional work to be performed by TWP, consisting of increasing Tribal engagement in the planning process for the Project and providing additional video and audio Indigenous storytelling elements in signage constructed as part of the wayfinding and interpretive elements. The SCC grant amendment also extended the dates for installation, invoicing, and maintenance of the Project improvements.  
  
To implement the increased State grant funding and the date changes in the SCC grant agreement, the County and TWP would like to amend the County/TWP agreement to provide $41,000 more in pass-through funding to TWP (i.e., increase the maximum reimbursement to TWP from $150,000 to $191,000) and to revise the dates for installation, invoicing, and maintenance of the Project improvements. Staff recommends that the Board approve an amendment entitled “First Amendment to Reimbursement Agreement—Installation of Wayfinding Elements and Establishment of ‘Adopt a Tree’ Program in North Richmond” and authorize the Public Works Director, or designee, to execute the amendment for the County.  
  
To implement the date changes in the SCC grant agreement, the County and UT would like to amend the County/UT agreement to revise the dates for installation, invoicing, and maintenance of the Project improvements, with no change to the maximum reimbursement to UT, which shall remain at $422,000. Staff recommends that the Board approve an amendment entitled “First Amendment to Reimbursement Agreement—Installation of Sidewalks, Bike Lanes and Stormwater Infrastructure in North Richmond” and authorize the County Public Works Director, or designee, to execute the amendment for the County.  
  
These two amendments have resulted from an increase in State grant funding and it is possible that the SCC grant agreement may be further amended to provide additional grant funding or to modify dates or other grant conditions. To accommodate that potential situation and to minimize the need to return such routine matters to the Board, the two amendments contain language allowing administrative approval of any further amendments to the County/TWP and the County/UT agreements that either do not increase the reimbursement limits to TWP or UT or that involve additional State grant funding.

CONSEQUENCE OF NEGATIVE ACTION:

If the amendments are not approved by the Board, the County, TWP, and UT would not be able to take advantage of the $41,000 in additional State funding or be able to implement the revised dates in the State grant for installation, invoicing, and long-term maintenance of the Project improvements.

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