b. consideration of late additions c. additions and deletionssccounty01.co.santa-cruz.ca.us › bds...

PROCEEDINGS OF THE BOARD OF DIRECTORSCOUNTY OF SANTA CRUZ 061 5

FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 MEETINGWatsonvile City Council Chambers

275 Main Street, 4th Floor, Watsonvile, CA

7: 00 P.M.October 16, 2012

A. Roll CallB. Consideration of Late Additions

C. Additions and Deletions

1. ORAL COMMUNICATIONS - The Board will receive Oral Communications.Any person may address the Board during its Oral Communications period.Presentations must not exceed three minutes, must be directed to an itemnot listed on today's Agenda, and must be within the jurisdiction of the Board.Board members will not take actions or respond immediately to any Oral.Communications presented, but may choose to follow up at a later time,either individually, or on a subsequent District Agenda.

1.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, approvethe minutes of June 18, 2012

1.2 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, accept andfile update on channel capacity matters along the existing Salsipuedes CreekFlood Control Project

1.3 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, accept andfile status report on the Pajaro River Breaching Program, and direct staff toreturn with a status report once a new biological opinion has beenestablished and any new permit conditions have been accepted

1.4 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, accept andfile status report on the Pajaro River Flood Risk Reduction Project and takerelated action

1.5 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, accept andfile status report on budgeted funding for the Pajaro River Flood RiskReduction Project

58

PROCEEDINGS OF THE BOARD OF DIRECTORS 0616COUNTY OF SANTA CRUZ

FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 MEETING

October 16, 2012

1.6 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, approveamendment to agreement with Hatch Mott Mac Donald for completion of thetraffic impact analysis report for the Pajaro River Flood Risk ReductionProject's Environmental Impact Statement and Environmental Impact Reportby extending the term of the contract to December 31, 2012, and take relatedaction

1.7 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, ratifyAmendment NO.1 to the Cost Share Agreement with Monterey CountyWater Resources Agency (MCWRA) for the Pajaro River Bench ExcavationProject - Phase 1; adopt resolution accepting and appropriating unanticipatedrevenue in the amount of $944,412 from MCWRA for its share of the proj~ctcost

1.8 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, adoptresolution adopting conflict of interest code and take related action

1.9 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, adoptresolution accepting and appropriating unanticipated revenue in the amountof $36,678.08 from the California Department of Water Resources; approveagreements with Acterra - Action for a Healthy Planet in the not-to-exceedamount of $25,721 and with Central Coast Wilds in the not-to-exceedamount of $8,083.68 to propagate, grow, and deliver native container plantstock for re-vegetation of the Pajaro River Bench Excavation Project throughJune 30, 2015 and take related action

2. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, Approveagreement with Mid Coast Engineers for various surveying services for thePajaro River and Salsipuedes Creek levee system in the not-to-exceedamount of $50,000 per fiscal year through June 30, 2017, and take relatedaction, as recommended by the District Engineer

2.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISATRICT - ZONE 7, acceptand file status report on the Pajaro River Bench Excavation Project and takerelated actions

53-2-

PROCEEDINGS OF THE BOARD OF DIRECTORSCOUNTY OF SANTA CRUZ 0617

FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 MEETING

October 16,2012

2.2 WRITTEN CORRESPONDENCE - The Board of Directors of the Santa CruzCounty Flood Control and Water Conservation District, Zone 7,acknowledges receipt of the following items of correspondence which are onfile with the District Secretary. Copies of all items listed on this WrittenCorrespondence Agenda have been circulated to all members of the Board.The Board of Directors have received the following items of correspondence:1) Letter of Hon. Sam Farr, dated September 12, 2012

ACCOMMODATIONS FOR PERSONS WITH DISABILITESThe County of Santa Cruz does not discriminate on the basis of disabilty, and no person shall,

by reason of a disability, be denied the benefits of its services, programs, or activities. The Board ofSupervisors' Chambers, located at 701 Ocean Street, Room 525, Santa Cruz, California is located inan accessible facility. If you are a person with a disability and wish to attend the meeting and yourequire special assistance in order to participate, please contact the Clerk of the Board at (831)454-2323 (TOO number (831) 454-2123) at least 72 hours in advance of the meeting in order tomake arrangements. Persons with disabilities may request a copy of the agenda in an alternativeformat. As a courtesy to those affected, please attend the meeting smoke and scent free.

Note: The written materials for each item listed on this agenda are available to read on-lineunder the link labeled "Board Agenda and Minutes" at the County's website:

ww.co.santa-cruz.ca.us.

-3- 58

ZONE 7

ORA COMMUNICATIONS SIGN-IN SHEET

AGENDA DATE: /0/ !r,Ú¿r ,Ths Oral Communcations Sign-In Sheet wil be filed with Wntten Correspondence for the Board'snext rneeting.

NAME: SUBJECT:

I

ACTION SUMMARY MINUTES

COUNTY OF SANTA CRUZ 0619FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 MEETING

June 18, 2012

A. Roll CallVoting Members Present: Pirie, Coonerty, Caput, Stone, BilicichVoting Members Absent: Leopold, OsmerNon-Voting Members Present: Cooley, StokesNon-Voting Members Absent: Winkler, McKinney

B. Consideration of Late Additions

C. Additions and Deletions

1. ORAL COMMUNICATIONS - no one addressed the Board

1.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDminutes of March 20, 2012, April 17, 2012, and May, 8, 2012

Motion made by Director Caput, duly seconded by Director Coonerty:

Ayes: Coonerty, Caput, Stone, Bilicich and PirieNoes: NoneAbsent: Leopold and OsmerAbstain: None

1.2 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, public hearingheld on the 2012-2013 assessment report for Zone 7;(1) opened public hearing, to hear objections or protest, on the proposed2012-2013 assessment report for Zone 7;(2) closed public hearing; and(3) ADOPTED RESOLUTION NO. 5-2012Z7 overruling protests and confirmingthe written report on assessment rates for the 2012/2013 fiscal year

Motion made by Director Stone, duly seconded by Director Coonerty:


\ .,

COUNTY OF SANTA CRUZFLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 MEETING

June 18, 20120620

Zone 7 Meeting- (continued)

1.3 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDproposed 2012-2013 Zone 7 Budget

Motion made by Director Stone, duly seconded by Director Bilicich:


1.4 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, ACCEPTEDAND FILED status report on the Pajaro River Flood Risk Reduction Project anddirected staff to return with a further update at the next scheduled Zone 7meeting

Motion made by Director Bilicich, duly seconded by Director Coonerty:

Ayes: Coonerty, Caput, Stone, Bilicich and PirieNoes: NoneAbsent: Leopold and Osmer

Abstain: None

1.5 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, ACCEPTEDlow bid from Pavex Construction in the amount of $1 ,888,822.22 for the PajaroRiver Bench Excavation Project; authorized award of contract and approvedrelated action

Motion made by Director Caput, duly seconded by Director Bilicich:

Ayes: Leopold, Coonerty, Caput, Stone, Bilicich and PirieNoes: NoneAbsent: OsmerAbstain: None

t. l -2-


June 18, 20120621


1.6 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, ADOPTEDRESOLUTION NO. 6-2012Z7 authorizing expenditure of up to $50,000 for allreal property rights for Phase I of the Pajaro River Bench Excavation Project;authorized the District Engineer to execute the right of entry agreements andstaging area leases; and authorized the Auditor-Controller to make payments forthe right of entry agreements

Motion made by Director Caput, duly seconded by Director Bilicich:


1.7 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDamendment to agreement with Kittleson Consulting for biological supportservices for the Pajaro River Bench Excavation Project increasing the scope ofwork to include a two-year Western Pond Turtle telemetry study, increasingcompensation by $49,221 for a not-to-exceed total of $171 ,646, and extendingthe term of contract through June 30, 2014 and approved related action

Motion made by Director Leopold, duly seconded by Director Caput:


1.8 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDamendment to agreement with Gutierrez Consultants Inc., in the amount of$40,000 through June 30, 2013, to provide the second year of Proposition 1 Egrant administration services for the Pajaro River Flood Risk Reduction Project,as recommended by the Director of Public Works

Motion made by Director Leopold, duly seconded by Director Coonerty:


-3- 1./


June 18, 20120622


1.9 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDcost share agreement with the Monterey County Water Resources Agency forPhase I of the Pajaro River Bench Excavation Project



2. AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDindependent contractor agreement with Bauldry Engineering, Inc., in thenot-to-exceed amount of $70,000 through December 30, 2013, to provideState-certified Qualified Stormwater Pollution Prevention Plan Practitionerservices for the Pajaro River Bench Excavation Project, Phases 1 and 2 andapproved related action



2.1 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDindependent contractor agreement with Contractor Compliance and MonitoringInc., in the not-to-exceed amount of $15,000 through November 30,2012, toprovide payroll auditing services for the Pajaro River Bench Excavation Project,Phase 1 and approved related action

Motion made by Director Coonerty, duly seconded by Director Leopold:


\. \ -4-


June 18, 2012


2.2 AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY FLOODCONTROL AND WATER CONSERVATION DISTRICT, ZONE 7, APPROVEDMemorandum of Understanding between the Zone 7 District and the City ofWatsonville for replacement of fil at City landfill during Phase 1 of the PajaroRiver Bench Excavation Project

Motion made by Director Bilicich, duly seconded by Director Leopold:


-5-

0623

, . (

l · (


June 18, 2012


0624

Approved:

Attest:

Date:

NOTE:

Chair, Board of Directors

Clerk of the Board

This set of Board of Supervisors Minutes is scheduled to be approvedby the Board on October 16, 2012

-6-

0625

County of Santa CruzFLOOD CONTROL AND WATER CONSERVATION DISTRICT -ZONE 7

701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070(831) 454-2160 FAX (831) 454-2385 TOD (831) 454.2123

JOHN J. PRESLEIGHDISTRICT ENGINEER

OCTOBER 16, 2012

October 3,2012

BOARD OF DIRECTORS-ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERV A TION DISTRICT701 Ocean StreetSanta Cruz, CA 95060

SUBJECT: INFORMATIONAL UPDATE ON CHANNEL CAPACITY MATTERS ALONGTHE EXISTING SALSIPUEDES CREEK FLOOD CONTROL PROJECT

Members of the Board:

The City of Watsonville (City) has recently expressed concerns over theconveyance capacity of the Salsipuedes Creek portion of the existing Federal Flood ControlProject. This report serves to inform your Board with an update of current work activities as itrelates to staff coordination between the County and the City.

A Pajaro River and Salsipuedes Creek Capacity Analysis was prepared byNorthwest Hydraulics Inc., in July 2009. Included in this report are findings that although someareas of the existing flood control channel have accumulated sediment, overall additional channelcapacity has been gained by channel degradation (down cutting or lateral erosion). The levee crestelevations were also surveyed in 2009. The results of the 2009 levee crest survey indicate thatsome reaches of the Salsipuedes Creek levees have settled.

The low spots noted in the 2009 levee crest survey were resurveyed this past spring2012. The County is now preparing to restore the levee crest to its design elevation alongSalsipuedes Creek in summer 2013. That proposed work is a maintenance type effort that isproposed to be included in the 2013/2014 Budget. The proposed work along the levee crest maybe undertaken simultaneous with the larger Pajaro River Bench Excavation Project - Phase II.County staff has discussed this approach with City Public Works staff, and has shared all pertinentdata and analysis with them.

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BOARD OF DIRECTORS-ZONE 7Page -2- 0626

Most recently the County has concentrated its efforts on refining the analysis andproposed improvements included in the U.S. Army Corps of Engineers' (Corps) proposed floodrisk reduction alternatives for the tributary area of the project. As your Board may recall, theCounty has recently provided for vegetation mapping and biological analysis in the new proposedproject area along the tributaries, and has provided traffc analysis and traffic routing mitigationsto the project's proposed bridge replacements at Highways 129 and 152, and at Green ValleyRoad.

County staff has also been monitoring the Summit Fire area upstream of theFederal project area. To date there are no indications of sediment discharge moving downslopetoward the Federal project area.

At this time City Public Works staff has expressed a willingness to undertake abench excavation project along portions of the existing tributary project adjacent to the seniorhousing area. Their objective would simply be to create more freeboard between the existingSalsipuedes Levee Crest elevation and the top of the water surface elevation. The County hasauthorized its survey and hydraulic consultants to cooperate with City Public Works as theyproceed with the conceptual bench excavation project design along this portion of the creek.

It is therefore recommended that the Board of Directors accept and file thisinformational update on channel capacity matters along the existing Salsipuedes Creek FloodControl Project.

Yours truly,~JO J. PRESLEIGH

. trict Engineerl1P:BLC:les

County Administrative Offcer

Copy to: Zone 7 Board of DirectorsCarlos Palacios, Manager, City of WatsonvilleDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic Works

\. vsah

¡pu,d"BLlc,. doc

0627

County of Santa Cruz

FLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE 7

701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070(831) 454-2160 FAX (831) 454-2385 TOO (831) 454-2123


AGENDA: OCTOBER 16,2012

October 3,2012

BOARD OF DIRECTORS - ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT701 Ocean StreetSanta Cruz, California 95060

SUBJECT: PAJARO RIVER BREACHING PROGRAM - STATUS REPORT


As your Board may recall, the Department of Public Works manages mechanicalsandbar breaching at the Pajaro River mouth. Public Works' management program includesoperation of grading equipment to open sandbars, procurement of State and Federal permits, andcontracting of consultant services to provide environmental compliance.

Current work is underway to update and secure new State and Federal permits. Anolder Federal 404 permit issued by the U.S. Army Corps of Engineers (Corps) has expired. Whileawaiting a new 404 permit to be issued, Public Works has been working in an emergency permitstatus. A new biological opinion regarding endangered species in the lagoon is under preparationby Federal resources agencies for the 404 permit. This year, a new condition has been imposed inthe Federal permits for Pajaro River breaching that requires fisheries sampling. Sampling isproposed to assess the presence and distribution of steelhead and tidewater goby in the PajaroRiver lagoon. This new requirement originated from the National Oceanic and AtmosphericAdministration (NOAA) who also consult on the Corps's 404 permit. Public Works expects to beable to satisfy this requirement through a contract with a qualified fisheries biologist.

Beginning last year, another recent permit condition from NOAA requires PublicWorks to breach the sandbar at a location approximately one-half mile south of the historicalbreaching location, and to diagonally lengthen the breach cut to the ocean. NOAA's requirementaims to protect the lagoon's fish by reducing the river's exit flow velocities during a mechanicalbreach.

Current work also includes negotiating operations with adjacent landowners whoselands are impacted by local flooding. Adjacent landowners include residential interests of thePajaro Dunes Community, water supply interests of the Pajaro Valley Water Management Agency,and agricultural interests of abutting farm operations. Adjacent landowners have asked PublicWorks to apply for modifications to State and Federal permits to lower allowed thresholds forsandbar breaching.

I. "3

BOARD OF DIRECTORS - ZONE 7Page -2- 0628

Existing permit thresholds are set to relieve flooding of Beach Road and ShellRoad, and to maximize protection of fisheries habitat. Meetings are on-going between staff andadjacent landowners to facilitate communication oflandowner concerns and Public Works' permitconditions and limitations. Adjacent landowners have requested that Public Works address thefollowing:

. Hold a meeting at the river mouth to discuss breaching protocol with stakeholders

and regulators;. Improve wintertime safety on Beach Road at Pajaro Dunes through the installation

of reflective signs to mark road edges; and. Initiate breaching at the lowest allowed threshold (expected to be 4.5 feet), and/or

negotiate new permit conditions to further lower the threshold.

Landowners' concerns relate both to flooding volume and to elevated salinity fromocean water mixing with the Pajaro River and Watsonville Slough. State and Federal resourceagencies' concerns relate to management practices that influence the habitat of endangered speciesin the lagoon.

A new effort underway has potential to improve understanding of the localhydrologic and geophysical conditions. This new analysis is a modeling study undertaken byCounty of Santa Cruz Environmental Health Services, together with the Santa Cruz CountyResources Conservation District. This analysis is looking for better ways to manage drainage inthe Watsonvile Slough and river mouth areas in a way that benefits both fisheries and landowneroperations.

Adjacent landowners have also asked Public Works to better communicate:permitted protocols; responsible personnel; paries listed on Public Works' breaching notificatione-mail list; and a contact person for emergencies. Our department wil continue on-goingcommunications and meetings with adjacent landowners to address concerns and find mutually-acceptable solutions.

It is therefore recommended that the Board of Directors accept and file this statusreport on the Pajaro River Breaching Program, and direct staff to return to your Board with a statusreport update once a new biological opinion has been established and any new permit conditionshave been accepted.

\. ~

JJP::1MW:lesAttachmentsRECOM~L:County Administrative OfficerCopy to: Zone 7 Board of Directors

Carlos Palacios, Manager, City of WatsonvilleDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic Works

County of Santa Cruz 0629


701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070(831) 454-2160 FAX (831) 454-2385 TOD (831) 454-2123


AGENDA: OCTOBER 16, 2012

October 3,2012

BOARD OF DIRECTORS-ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT701 Ocean StreetSanta Cruz, CA 95060

SUBJECT: STATUS REPORT ON THE PAJARO RIVER FLOOD RISKREDUCTION PROJECT


On June 18,2012, your Board was apprised that the U.S. Army Corps of Engineers(Corps) would not further pursue implementation of Alternative 9D, the Expanded Ring LeveeAlternative, as the National Economic Development (NED) project. This move by the Corps awayfrom Alternative 9D is directly attributable to the high probability of a right bank failure in Reach4 influenced by the design of Alternative 9D. Equally, the potential situation of a right bankfailure in Reach 4 would now need to be mitigated.

It was also reported on June 18, 20 12, that the Corps was potentially looking atdesignating Locally Requested Plan 5 (LRP 5), a 50-foot setback and 50-year storm level ofprotection in Reach 4 or another plan, as the new NED project. Maps of Alternative 9D andLRP 5 are attached for your Board's information. It has since been reported to local sponsor staffthat LRP 5, at an additional $55 million, is too significant of a cost increase for mitigating a rightbank failure. Therefore, the Corps is looking at a mitigation measure that would provide a set backon the right bank levee in Reach 4, as well as a levee tie back at Coward Creek, near theapproximate location of the proposed tie back levee on the left bank of Reach 4.

To expedite the analysis of this new approach to a NED project, District staffrequested Northwest Hydraulics Inc., to model the new Corps mitigation proposaL. Included in themodeling effort would include the analyses for a 50-foot setback or a lOa-foot setback along thelower right bank in Reach 4, and to assess the required levee crest elevations to pass a 25-yearstorm event and a 50-year storm event for both options. A draft report of the requested analysiswas prepared and is under review by District and Corps staff. The analysis must also include arecommendation on how to tie in a new right bank setback levee on the lower section of Reach 4to the existing unimproved levee system.

1. ~

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BOARD OF DIRECTORS-ZONE 7Page -2-

0630

At the time of this report's preparation, the potential for Federal funding of theproject design has not been secured for either a work plan approach in Federal fiscal year 2013 orin the proposed President's budget for Federal fiscal year 2014. Your Board may recall that thefiscal year 2012/13 Zone 7 Budget includes $350,000 in contributions to the Corps to keep theproject moving forward in the absence of Federal funds, and that those contributions are eligiblefor grant reimbursement.

It is therefore recommended that the Board of Directors accept and file this statusreport on the Pajaro River Flood Risk Reduction Project, and direct staff to return with a furtherupdate at your Board's next scheduled meeting.

Yours truly,

QL'2LffJO PRESLEIGHistrict EngineerJJP:BLC:rw

Attachments

ENDED FOR APPROVAL:

County Administrative Offcer

Copy to: Zone 7 Board of DirectorsCarlos Palacios, Manager, City of WatsonvilleDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic Works

paj aro-statusrw. doc

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eaches 2, 3 and the left bank of Reach 4, to the tie-back levee.

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iver in Reach 4 has levees constructed on the right bank, and the left bank upstream

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County of Santa Cruz0633



JOHN J. PRES LEIGHDISTRICT ENGINEER


October 3, 2012


SUBJECT: UPDATED REPORT ON BUDGETED FUNDING FOR THE PAJARO RIVERFLOOD RISK REDUCTION PROJECT


At your June 18,2012, meeting, a request was made to provide more information onitems associated with the U.S. Army Corps Flood Control Project and the Contributions to theArmy Corps budget line items. Distinction about the detail of these two line items is as follows:

Army Corps Flood Control Project - $602,000

The Army Corps Flood Control Project budget line item funds District staff time forreviewing project details and work product deliverables. In addition to District stafftirne, this lineitem is utilized to fund District consultant requirements to advance the project design or schedule.For example, the line item has been utilized to prepare the hydraulic analysis and modeling of thefour Locally Requested Plans and the revised Hydrology and Hydraulic Appendix to the GeneralRe-evaluation Report (GRR), the Traffic Analysis and Traffc Routing studies associated withbridge replacement matters of the project, the Biological Analysis and Vegetation Mapping needsof the tributary portion of the project, grant administration matters for the Proposition IE GrantAward and likely for the new Proposition 84 draft Grant Award, and more recently for the hydraulicanalysis and civil engineering estimates associated with Project Alternative 9D Revised (the currentCorps project alternative likely to be designated as its draft National Economic Developmentproject). All ofthese analysis items and their products were funded by this District line item inorder to maintain a project schedule during times of limited Federal funding.

I.S

\.5

BOARD OF DIRECTORS-ZONE 7Page-2-

0634

Contributions To Army Corps - $350,000

The Contributions to the Army Corps budget line item is utilized to keep Federalstaff working and to keep the GRR document, including the requisite environmental documents,moving forward when Federal funds are limited. Use of these sponsor contributed funds by theFederal government prevents a work shut down and staff reassignment away from the project whenFederal funding for the project is exhausted or at times when there is no Federal funding providedto the project. The Army Corps Flood Control Project line item can also be a source of funding foradditional contributions to the Army Corps should initial sponsor contributions be exhausted overthe course of a busy fiscal year.

Your Board should note that funds expended under either of the above cited lineitems are grant reimbursable to the District under the existing Proposition 1 E Grant A ward.

It is therefore recommended that the Board of Directors accept and fie this report onbudgeted funding for the Pajaro River Flood Risk Reduction Project.

Yours truly,

~~~r;~HL~l1P:BLC:yv

RECOMMENDED FOR APPROVAL:

coooN~Copy to: Zone 7 Board of Directors

Carlos Palacios, Manager, City of WatsonvilleDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic Works

paj aroriverfloodriskreductionyv .doc

0635

County of Santa CruzFLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE 7




October 3, 2012


SUBJECT: PAJARO RIVER FLOOD RISK REDUCTION PROJECT - TRAFFIC ANALYSISFOR DRAFT ENVIRONMENTAL IMPACT STATEMENT AND REPORTAMENDMENT TO AGREEMENT


On March 20,2012, your Board approved an independent contractor agreement withHatch Mott MacDonald in the not-to-exceed amount of$15,800 through June 30, 2012, to developa traffic impact analysis report for the Pajaro River Flood Risk Reduction Project's EnvironmentalImpact Statement and Environmental Impact Report. A draft traffic impact report was submitted inJune 2012; however, the final report is stil needed. In order to complete the report, the contractterm needs to be extended to December 31, 2012

Attached for your Board's consideration is an amendment to agreement between theZone 7 District and Hatch Mott MacDonald extending the term of the contract to December 31,2012, to allow for completion of the traffc impact analysis report for the Pajaro River Flood RiskReduction Project's Environmental Impact Statement and Environmental Impact Report. Therewill be no increase in compensation for this time extension.

It is therefore recommended that the Board of Directors take the following actions:

1. Approve the attached amendment to agreement with Hatch Mott MacDonald for

completion of the traffc impact analysis report for the Pajaro River Flood RiskReduction Project's Environmental Impact Statement and Environmental ImpactReport by extending the term of the contract to December 31, 2012.

I.~

l.(P

BOARD OF DIRECTORS-ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERV A nON DISTRICTPage-2-

0636

2. Authorize the District Engineer to sign the agreement on behalf of the District.

JJP:CRD:yv

Attachments

RECOMMENDED FOR APPROVAL:

County Administrative Officer

Yours truly,

~ß.L~L~JO 1. PRESLEIGH

istrict Engineer

Zone 7 Board of DirectorsCarlos Palacios, Manager, City of WatsonvilleDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic WorksGeneral Services

Copy to:

oct16pajaroriverfloodyv.doc

AMENDMENT TO AGREEMENT 0637

The parties hereto agree to amend Contract Number CW13696, dated March 20,2012, byand between the SANTA CRUZ COUNTY FLOOD CONTROL AND WATER CONSERVATIONDISTRICT, ZONE 7, and HATCH MOTT MACDONALD, by extending the term ofthe contract toDecember 31,2012, for completion of the traffic impact analysis report for the Pajaro River Flood RiskReduction Project's Environmental Impact Statement and Environmental Impact Report.

All other provisions of said contract shall remain the same.

DATED: CONTRACTOR:HATCH MOl?

BY: ¿¡COUNTY OF SANTA CRUZDEPARTMENT OF PUBLIC WORKS

ADDRESS: 1300 B First StreeGilroy, CA 95020

TELEPHONE: (408) 848-3122DISTRICT ENGINEER

Approved as to form:~/~ FAX: (408) 848-2202E-MAIL: [email protected] of County Counsel

Approved as to insurance:

'-~~ /ofqbLRisk Ma ment

DISTRIBUTION: Auditor-Controller,Public WorksContractor

oct 16pajaroriverfloodyv.doc

i~"

0638COUNT OF SANTA CRUZ

REQUEST FOR APPROVAL OF AGREEMENT

(SI)~~ap tInsreue ar avil ~.,

AGREEMENTlYE (Ch On) Ex t ~ Revue Ageet 0"T Bord ofSupe Is he ~c'~mm~19~k~ a~rIA~rcec of sa1. said a.t Is beee th CONSERVATION DISTRICT- ZONE 7

Remit to: HATCH MOTT MACDONALD~ 1300- B FIRST STREET, GILROY, CA 95020

10: Bord or Su doco Aålnl5 omAult CoAe

FRM:

BY:

(DeAg)(NamAd)

2. TI agt will prePROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR THE PAJARO RIVER

FLOOD RI SK REDUCTION PROJECT.

3. Pe of th agt Is fr BOARD APPROVAL to DECEMBER 31, 2012NO CHANGE

4. Aillk:kJte 0J\: $ 15,800.00 (TIME EXTENSION ONLY) 0 Axed 0 Monthly Rae o Arnual Ra 0 Not to Exce

R~: CON!tCT: $15,800.00; OVERHEAD $1,343.00; TOTAL CONTRACT; $17,143 00

S. Deil: 0 On Continuing Agits lifa FY _'_' Page CC._ Contrac No: CW13696 OR 0 111 Tme Agreemento 5en n No Bord le reir, wil be liste undr Item 8o Seon m .Bo le reuiro se IV Rev Agt

6. Approíations/Revenuesareavailableandarebudgetedíii 622380' 26407'! 6610 (Index) 6610 (Sub object)

NOTE: IF APPROPRITIONS ARE INSUFFIOENT, ATIACHED COMPLETD AUD-74 OR AIJD-60

G have be . Contract No: CW 13696Apprpriations available and 8' .." encumbered. ~~are not wUl be By' '. Auditor-Co~~ puty

Date: ctJI 'd\~

Prl and acconting detil reewed and apprve. It is recmended that the Board of Superviso approve the agreement and authrie

DISTRICT ENGINEER (Det/Agenc Head) to execute on behalf of the SANTA ÇRlTZ ÇOlINTY

FLOOD ~CONTROL AND WATER CONSERATION DISTRICT-ZONE ~7 ,

Date: ~tt iO\ ~ . By: _... ~n.CRD: yv Cou . A~ OfficeDisbutin:

Board of Supervrs . W1iteAudit Cotrlle - canaryAuditor-etrle - Pink

Deartent - Gold

(Dertment/Agenc)

State of califoiaCounty of santa CrzI ex-officio CierI. ot th Bord of Supeisrs of th County of santa Cr,State of califoia, do hereby certify tht the foeging reuest for appral of agreeen was ap-pred by said Board of Supervisors as recmmended by the County Administrative Ofe by anordr duly entere in the minutes of said Board on 20_

ADM - 29 (8/01)1l I, se 300 Pn Ma By: Deput C\e\'

AUOITR-CONTOLlER USE ONLY

CODo No.

$JENn Unes HfT Keyed By Date

l.~O_ø~ $Amunt Inde ISub obje Us Co

County of Santa Cruz 0639





October 3, 2012


SUBJECT: RATIFY AMENDMENT NO.1 TO AGREEMENT WITH MONTEREYCOUNTY WATER RESOURCES AGENCY REGARDING PHASE 1P AJARO RIVER BENCH EXCA V A TION PROJECT


On June 18,2012, your Board approved a Cost Share Agreement with the MontereyCounty Water Resources Agency (MCWRA) for the Pajaro River Bench Excavation Project - PhaseI and authorized the District Engineer to sign the Agreement on behalf of the District.

On June 27, 2012, the MCWRA provided the County with Amendment NO.1 tothe Agreement. The amendment replaces Section 2 of the Agreement (Payments andReimbursements) to clarify final remittance procedures after the final inspection and approval of theproject. The District Engineer signed the Amendment on June 29, 2012.

The 2012/13 Zone 7 Budget does not accurately reflect the repayment transactionswith the MCWRA. Attached for your Board's consideration is a resolution accepting andappropriating unanticipated revenue from the MCWRA in the amount of $944,412 for its share ofproject costs for the Pajaro River Bench Excavation Project - Phase 1.

(,I

BOARD OF DIRECTORS-ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICTPage -2-

0640


1. Ratify the attached Amendment NO.1 to the Cost Share Agreement with

Monterey County Water Resources Agency for the Pajaro River BenchExcavation Project - Phase 1.

2. Adopt the attached resolution accepting and appropriating unanticipatedrevenue in the amount of $944,412 from the Monterey County WaterResources Agency for its share of the project cost.

Yours truly,

JO P:ES~G;L ~istrict Engineer

JJP:BLC:rw

Attachments

RECO DED FOR APPROVAL:

County

Copy to: Zone 7 Board of DirectorsCarlos Palacios, Manager, City of WatsonvileDavid E. Chardavoyne, Monterey County Water Resources AgencyPublic Works

\ .l ratify ..ajaro-rw.doc

AMENDMENT NO.1TO THE

AGREEMENT RE: PHASE IPAJARO RIVER BENCH EXCAVATION PROJECT

0641

THIS AMENDMENT NO.1 (hereinafter referred to as "Amendment") is made this :1,"" day ofJune 2012, by and between Santa Cruz Flood Control and Water Conservation District, Zone 7(hereinafter referred to as "District") a flood control district created by the Santa Cruz County FloodControl and Water Conservation District Act, 1955 Chapter 77-301 of the Water Code Appendix;and Monterey County Water Resources Agency (hereinafter referred to as "Agency"), a Californiaagency established by Monterey County Water Resources Agency Act, dated April 11, 1995.

The parties agree to replace Section 2 (Payments and Reimbursements), paragraph three in theAgreement re: Phase I Pajaro River Bench Excavation Project with the following paragraph:

3. Upon completion of the Phase I Project, District will provide to Agency the Contractor'sfinal invoice within ten (l0) business days of approval by the District. Agency will promptly, butwithin no less than 25 calendar days, remit to District an amount equal to 50% of the invoice less50% of any retention pursuant to the contract. Upon completion of final inspection and approvalthe Agency wil remit to the District 50% of any retention pursuant to the contract.

IN WITNESS WHEREOF, The Monterey County Water Resources Agency and County ofMonterey execute this Amendment NO.1 as follows.

SANTA CRUZ COUNTY FLOOD CONTROL DISTRICT (ZONE 7)

By:

Its: i~t\"..c.L- & "iI~f(0 (2.'1 J ZOI L

MONTEREY COUNTY WATER RESOURCES AGENCY

By: ;t~ra..~Its: ;rAJ TE ß I /V G EAJE.RI'L fV;tIÙA 6 E.R

J ~ 1

BEFORE THE BOARD OF DIRECTORS, ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT,

STATE OF CALIFORNIA 0642

RESOLUTION NO.

On the motion of Directorsduly seconded by Directorsthe following resolution is adopted:

RESOLUTION ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE

WHEREAS, the Santa Cruz County Flood Control and Water ConservationDistrict - Zone 7 (District), is a recipient of funds from the Monterey County Water ResourcesAgency for the Pajaro River Bench Excavation Project - Phase I; and

WHEREAS, the District will receive funds in the amount of$944,412 which areeither in excess of those anticipated or are not specifically set forth in the current fiscal year budgetof the County; and

WHEREAS, pursuant to Government Code Sections 29130 I 29064, such fundsmay be made available for specific appropriation by a four-fifths vote of the Board of Directors;

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Santa CruzCounty Auditor-Controller accept funds in the amount of$944,412 into the Public WorksDepartment:

TIC001

INDEX NO.622380

REVENUESUB OBJECT NUMBER1150

ACCOUNT NAMEContributions fromother GovernmentAgencies

AMOUNT$944,412

and that such funds be and are hereby appropriated as follows:

TIC021

ACCOUNT NAMEContributions toother GovernentAgencies

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * *

EXPENDITUREINDEX NO. SUB OBJECT

622380 5191WA26423

AMOUNT$944,412

DEPARTMENT HEAD: I hereby certify that the fiscal provisions have been researched and thatthe Revenue(s) (has been) (wil be) received within the current fiscal year.

l.laud60.doc/ratify -pajaro-rw.doc(Rev 12/97)

BY~&-# _Date to), J 2-0' 2.r IPage 1 of2

* * * * * ** * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

COUNTY ADMINISTRATIVE OFFICER 1 _/Recornrnended to Board

1 _/Not Recommended to Board0643

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

PASSED AND ADOPTED by the Board of Directors of the Santa Cruz CountyFlood Control and Water Conservation District, State of California, this _ day of20_, by the following vote (requires four-fifths vote approval):

AYES: DIRECTORS

NOES: DIRECTORS

ABSENT: DIRECTORS

Chairperson of the Board

ATTEST:Clerk of the Board

APPROVEDAS TO ACCOUNTING DETAIL:

Ck~Auditor-Controller

Distribution: Auditor-Controller

Public Works Department

aud60.doc/ratify -'ajaro-rw.doc(12/97) Page 2 of2

'.7

County of Santa Cruz0645



JOHN J. PRES LEIGHDISTRICT ENGINEER

AGENDA: OCTOBER 16, 2012October 3,2012


SUBJECT: CONFLICT OF INTEREST CODE FOR THE ZONE 7 DISTRICT BOARD


It has been brought to the attention of Zone 7 staff that your Board needs to adopt aresolution approving a Conflict of Interest Code for the Zone 7 District designating those positionssubject to the Code. The attached materials include a proposed resolution, an appendix which setsout a Conflict ofInterest Code incorporating the Fair Political Practice's Commission Model Code,Exhibit "A" setting out the positions subject to the Code, and Exhibit "B" describing the disclosurerequirements imposed by the Code. Once adopted by your Board, the Code will be forwarded tothe Board of Supervisors for final approvaL. The Board of Supervisors serves as the CodeReviewing Body for Zone 7 under State law.


1. Adopt the attached resolution adopting a Conflict of Interest Code for the SantaCruz County Flood Control and Water Conservation District - Zone 7.

2. Direct Public Works to return to the Board of Supervisors with the approvedresolution for their review and approvaL.

JJP:BLC:rnhAttachrenRECOM

Yours truly,

~E~~strative OfficerZone 7 Board of DirectorsCounty Counsel

Public WorksCounty Clerk

\. tßZone 7 Conflict of Interest.doc

BEFORE THE BOARD OF DIRECTORS OF THESANTA CRUZ COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT-ZONE 7 0646

RESOLUTION NO.

On the motion of Directorduly seconded by Directorthe following resolution is adopted:

RESOLUTION ADOPTING CONFLICT OF INTEREST CODEFOR THE SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT - ZONE 7

WHEREAS, the Political Reform Act, Governent Code Sections 81000, et seq.,requires this agency to adopt and promulgate a Conflict of Interest Code; and

WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2C.C.R. Section 18730, which contains the terms of a standard model Conflict ofInterest Code,which can be incorporated by reference, and which wil be amended to conform to amendments inthe Political Reform Act after public notice and hearings conducted by the Fair Political PracticesCommission pursuant to the Administrative Procedure Act, Government Code Sections 11370, etseq.; and

WHEREAS, a hearing has been held pursuant to notice; and

WHEREAS, this body has determined that the attached Appendix accurately setsforth those positions which should be designated and the categories of financial interests whichshould be made reportable.

NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by the Boardof Directors of the Santa Cruz County Flood Control and Water Conservation District, Zone 7, thatthe attached Conflict of Interest Code is adopted.

PASSED AND ADOPTED by the Santa Cruz County Flood Control and WaterConservation District Board of Directors - Zone 7, this day of , 20_, by the

following vote:

AYES: DIRECTORS

NOES: DIRECTORS

ABSENT: DIRECTORS

Chairperson of said BoardATTEST:

Clerk 0

Appr e

\ .Cf

Appendix

0647

CONFLICT OF INTEREST CODE OF SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT - ZONE 7

Incorporation of Model Code. The terms of 2 CaL. Code of Regs. Section 18730 and anyamendments to it duly adopted by the Fair Political Practices Commission along with the attachedAppendix in which officials and employees are designated and disclosure categories are set forth,are hereby incorporated by reference and constitute the Conflict of Interest Code of this District.

Designated Positions. The positions listed on Exhibit "A" are designated positions. Officersand employees holding these positions are deemed to make or participate in the making of decisionswhich may have a material effect on a financial interest.

Disclosure Statements. A person holding a designated position shall be assigned to one ormore of the disclosure categories set forth on Exhibit "B" unless such persons are already requiredto file disclosure statements of economic interests under the provision of Section 87200 of theCalifornia Government Code. Each person assigned a disclosure category shall file an annualstatement disclosing that person's interest in investments, real property, and income designated asreportable under the category to which the person's position is assigned in Exhibit "A".

Place and Time of Filing.

1 . Filing Originals. All persons holding designated positions with an assigned disclosurecategory shall fie the original statement of economic interests with this District.

2. Filing Copies. Public Works staff shall make and retain a copy and forward the originals ofthese statements to the County Clerk.

3. Initial Statements-After Code Adoption. A person holding a designated position with an

assigned disclosure category shall submit an initial statement of economic interest within 30days after the effective date of this Code.

4. Annual and Other Statements. Persons holding designated positions with an assigneddisclosure category shall file annual statements of economic interest and other requiredstatements pursuant to Section 5 of the Conflct of Interest Code provisions contained in 2CaL. Code of Regs. Section 18730.

l. ~

~. ~

EXHIBIT "A"

Santa Cruz County Flood Control and Water Conservation District, Zone 7Designated Positions

POSITIONS

0648

DISCLOSURE CATEGORY

1. Board of Directors

4. District Counsel

5. District Engineer

6. Assistant Director of Public Works7. Chief Real Property Agent

8. Chief of Fiscal Services9. Administrative Services Manager

10. Senior Civil Engineer

1

1

1

1

1

1

1

1

EXHIBIT "B"

DISCLOSURE CATEGORIES0649

Designated employees in the following category or categories must report:

Category i: Interests in Real Property, Income, Investments, and Management PositionsHeld by Designated Employee. All interests in real property, income, and investments, and anybusiness entity in which the designated employee is a director, officer, parner, trustee,employee or holds any position of management. Financial interests are reportable only if locatedwithin or subject to the jurisdiction of the District or if the business entity is doing business orplaning to do business in the jurisdiction or has done business within the jurisdiction at anytime during the two years prior to the filing of the statement.

l .i

0651

County of Santa CruzFLOOD CONTROL AND WATER CONSERVATION DISTRICT - ZONE 7




October 3,2012


SUBJECT: PAJARO RIVER BENCH EXCAVATION PROJECT- PHASES 1 AND 2,INDEPENDENT CONTRACTOR AGREEMENTS WITH ACTERR -ACTION FOR A HEAL THY PLANET AND CENTRAL COAST WILDS


As part of the subject project, approximately 70 acres of vegetation will be clearedfrom the Pajaro River upper terrace bench surfaces during the 2012 and 2013 excavation phases ofthe Pajaro River Bench Excavation Project. The graded, re-contoured benches will be re-vegetatedto stabilize the channel banks and surfaces and improve riparian habitat. An estimated 7,500container plants and 2,100 wilow cuttings wil be established in designated re-planting zonesalong the riparian corridor and on the new 3: 1 slopes. Contractor services to install the native plantmaterial and maintain the re-vegetated areas wil be solicited through a Request for Proposalsprocess at a later date. The re-vegetation program for Phases one and two of the Pajaro RiverBench Excavation Project requires large quantities of native container plants and propogules to begrown and stored for extended time periods under specialized conditions. The magnitude of thisorder is beyond the capabilities ofa single nursery to handle. Project Botanist Valerie Haley, ofNative Vegetation Network, has made arrangements with two nurseries: Acterra - Action for aHealthy Planet and Central Coast Wilds, to propagate, grow, store and deliver the completequantity of material needed for re-vegetation of the project area. These two nurseries were chosendue to their experience growing native riparian plants and knowledge of plant species found in thePajaro River project area.

\ .~

BOARD OF DIRECTORS - ZONE 7SANTA CRUZ COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICTPage -2-

0652

Attached for your Board's consideration are independent contractor agreementswith Acterra - Action for a Healthy Planet in the not-to-exceed amount of $25,721 .00 and CentralCoast Wilds in the not-to-exceed amount of$8,083.68 to propagate, grow, and deliver nativecontainer plant stock for re-vegetation of the Pajaro River Bench Excavation Project through June30,2015. All project costs are eligible for reimbursement under the Proposition 50 grantagreement and also under the recent Proposition 84 grant award, under way with the State ofCalifornia. Thus it is necessary for your Board to accept unanticipated revenue in the amount of$36,678.08 (the cost of the contracts plus overhead).


1. Adopt the attached resolution accepting and appropriating unanticipatedrevenue in the total amount of $36,678.08 from the California Department ofWater Resources.

2. Approve the attached independent contractor agreements with Acterra - Actionfor a Healthy Planet in the not-to-exceed amount of $25,72 1.00 and CentralCoast Wilds in the not-to-exceed amount of$8,083.68 to propagate, grow, anddeliver native container plant stock for re-vegetation of the Pajaro River BenchExcavation Project through June 30, 2015.

3. Authorize the District Engineer to sign the agreements on behalf of the District.

Yours truly,

JO J.~~?EI~~. trict Engineer

JJP:MJS:les

Attachments

RECO NDED FOR APPROVAL:

Copy to: Zone 7 Board of Directors

Monterey County Water Resources AgencyCarlos Palacios, Manager, City of WatsonvilePublic WorksGeneral Services

Acterra -Central CoastB Lies. doc

\.,

BEFORE THE BOARD OF DIRECTORSOF THE SANTA CRUZ COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT - ZONE 7 , STATE OF CALIFORNIA

0653

RESOLUTION NO.

On the motion of Directorduly seconded by Directorthe following resolution is adopted:

RESOLUTION ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE

WHEREAS, the Santa Cruz County Flood Control and Water ConservationDistrict - Zone 7, is a recipient of funds from the California Deparment of Water Resourcesfor the Pajaro River Bench Excavation Project; and

WHEREAS, the District will receive funds in the amount of $36,678.08 whichare either in excess of those anticipated or are not specifically set forth in the current fiscal yearbudget of the District; and

WHEREAS, pursuant to Governent Code Sections 29130 129064, such fundsmay be made available for specific appropriation by a four-fifths vote of the Board of Directors;

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Santa CruzCounty Auditor-Controller accept funds in the amount of $36,678.08 into the Public WorksDepartment:

TIC001

INDEX NO.622380

REVENUESUBOBJECT NUMBER

0879ACCOUNT NAME AMOUNT

State Prop 50 $36,678.08

and that such funds be and are hereby appropriated as follows:

TIC021

EXPENDITUREINDEX NO. SUB OBJECT

622380 6610WA

26429ACCOUNT NAME AMOUNTBench Excavation $36,678.08

Project

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

DEPARTMENT HEAD: I hereby certify that the fiscal provisions have been researched andthat the Revenue(s) (has been) (wil be) received within the current fiscal year.

ByDepartment Head

Date

aud60 .docl acterra -centralcoastresles.doc

(Rev 12/97) Page 1 of 2I. ~

\.C\

(Rev 12/97) Page 1 of2

0654

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ** * * * *

COUNTY ADMINISTRATIVE OFFICER 1 _/Recornrnended to Board

1 _/Not Recommended to Board

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * *

PASSED AND ADOPTED by the Board of Directors of the Santa Cruz CountyFlood Control and Water Conservation District - Zone 7, State of California, this _ day of

,2012, by the following vote (requires four-fifths vote approval):

AYES: DIRECTORS

NOES: DIRECTORS

ABSENT: DIRECTORS

Chairperson of the Board

ATTEST:Clerk of the Board

APPROVEDAS TO ACCOUNTING DETAIL:

AUdilLSoiier

Distribution: Auditor-Controller

Public Works Department

aud60.doc/WestCoastresles.doc(12/97) Page 2 of2

COUNT OF SANTA CRUZREQUEST FOR APPROVAL OF AGREEMENT

0655

TO: Bord of Su vico Aölnis omAuIt CoAe

FRM: (~)AGREEMENT TYE (Ch On)

5

Exlb Agt 0

A .-, : ~

(Sig) .! V ii ( (Di)reue ar av11 ¡ / / vBY:

Reue Ag eet 0

lh Bord ofSupe IS he reue to ape th atch agremet and authnZe th exec of saSAi'iTA CRUZ COUNTY FLOOD CONTROL AND WATER

1. said agt Is beee th CONSERVATION DISTRICT- ZONE 7ECOLOCICAL CONCERNS, INC. dba CENTRAL COAST WILDS

an 125 vhiJ k çlri;l(O~. Santa Cnp:. CA 95060

(DeAg)(NaiAd)

2. TI ~t will pre Native container plant stock for re-vegetation. of the Pa': aro

River Bench Excavation Proi ect

3. Pe of th agt Is fr Board Approval to June 30, 2015

'\. Anipte Cot 15 $ $ 8 ! 083 . 68 0 Rxed 0 Monthly Rae 0 Annual Ra KI Not to Exce

R~:Contract: $8,083.68; Overhead: $687.11; Total: $8,770.79

S. Deil: 0 On Continuin Agrets li fe FY _-_' Page CC-_ Contrac No: ClrJ3737o sen n No Bord le rere, wil be liste und Item 8o seon m .Bo le reuiro se IV Revue Agt

6. Approiations/Revenues are available and are budgeted iii 622380! 26429! 3665! (Index)

NOTE: IF APPROPRITIONS ARE INSUFFICENT, ATIACHED COMPLETD AUD-74 OR AIJD-60

OR 0 i If T me Agreement

6610 (Sub oblect)

(; have be .Apprpriations available and ~ encumbered.are not ~ Contract No: CW21717By: eDt

Auditor-Contrller DeputyDate: 1/2? 130 ~i ,

Prl and acconting detil reewed and apprved. It is recmended that the Board of Superviso approve the agreement and authrie

District Eneineer

Flood Control and Water

(Dept/Agenc Head) to execute on behalf of the Santa Cruz County

Date: \0 0$ W \ i.MJS: les

Dlsbutin:Board of Superv~ - WhiteAudit Cotrlle - canaryAudltor-ctrle - Pink

Dertent - Gold

Conservation District - Zone 7By~~ (Dertment/ Ageoo)State of califoiaCounty of santa CrzI ex-officio CierI. of th Bord of SUpei50~ of th County of santa Cr,State of califoia, do hereby certify tht the foeging reuest for appral of agreeen was ap-pred by said Board of Supervtso~ as recmmended by the County Administrative Ofe by anordr duly entere in the minutes of said Board on 20_

ADM - 29 (8/01)lltl Ii 5e 300 Pr Ma

AUOITR-CONTOLLER USE ONLY

By: Deput Cleri

eo $Do No. JE Am Une HfT Keyed By Date

p~TeiioAuto Deip $Amunt Inde ISub obje Us Co

Contract No.0656

INDEPENDENT CONTRACTOR AGREEMENT(General'

This Contract is entered into this day of , 20_, by and betweenthe COUNTY OF SANA CRUZ, hereinafter called COUNTY, and Ecological ConcernsIncorporated dba Central Coast Wilds, hereinafter called CONTRACTOR. The parties agree asfollows:

1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish thefollowing results: to propagate, grow and deliver native container plants for re-vegetation of thePajaro River Bench Excavation Project affected area as described in the attached cost proposalfor the County of Santa Cruz Deparment of Public Works.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing saidresult, COUNTY agrees to pay CONTRACTOR as follows: Payment not-to-exceed $8,083.68,and processed for payment after receipt of invoice and approval of project manager.

3. TERM.June 30, 2015.

The term of this Contract shall be: from Board Approval through

4. EARLY TERMINATION. Either party hereto may terminate this Contract atany time by giving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for thepurpose of Section 5 and 6 of this document shall include, without limitation, its officers, agents,employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, orliability of any kind or nature which COUNTY may sustain or incur or which may be imposedupon it at any time for injury to or death of persons, or damage to property as a result of, arisingout of, or in any manner connected with the CONTRACTOR'S performance under the terms ofthis Contract, excepting any liability arising out of the sole negligence of the COUNTY. Suchindemnification includes any damage to the person(s), or property(ies) of CONTRACTOR andthird persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributionsrequired to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employeesand agents engaged in the performance of this Contract (including, without limitation,unemployment insurance, social security and payroll tax withholding).

6. INSURACE. CONTRACTOR, at its sole cost and expense, for the full term ofthis Contract (and any extensions thereof), shall obtain and maintain, at miimum, compliancewith all of the following insurance coverage(s) and requirements. Such insurance coverage shallbe primary coverage as respects COUNTY and any insurance or self-insurance maintained byCOUNTY shall be considered in excess of CONTRACTOR'S insurance coverage and shall notcontribute to it. If CONTRACTOR normally caries insurance in an amount greater than the

REVISED 9110 1

\.~

minimum amount required by the COUNTY for this Contract, that greater amount shall becomethe miimum required amount of insurance for purposes of this Contract. Therefore,CONTRACTOR hereby acknowledges and agrees that any and all insurances caried by it shall 0657be deemed liability coverage for any and all actions it performs in connection with this Contract.

If CONTRACTOR utilizes one or more subcontractors in the performance of thisContract, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as toeach subcontractor or otherwise provide evidence of insurance coverage from each subcontractorequivalent to that required of CONTRACTOR in this contract, unless CONTRACTOR andCOUNTY both initial here _ I _

A. Types of Insurance and Minimum Limits

(1) Worker's Compensation in the minimum statutorily required coverageamounts. This insurance coverage shall be required unless the CONTRACTOR has noemployees and certifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehiclesused in the performance of this Contract, including owned, non-owned (e.g. owned byCONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000combined single limit per occurrence for bodily injury and property damage. This insurancecoverage is required unless the CONTRACTOR does not drive a vehicle in conjunction with anypar of the performance of this Contract and CONTRACTOR and COUNTY both certify to thisfact by initialing here _ I _'

(3) Comprehensive or Commercial General Liabilty Insurance coverage inthe minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodilyinjury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e)cross-liability.

(4) Professional Liability Insurance in the miiimum amount of$ combined single limit, if, and only if, this Subparagraph is initialed byCONTRACTOR and COUNTY _ 1_,

B. Other Insurance Provisions

(I) If any insurance coverage required in this Contract is provided on a"Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the requiredcoverage for a period of three (3) years after the expiration of this Contract (hereinafter "postContract coverage") and any extensions thereof. CONTRACTOR may maintain the requiredpost Contract coverage by renewal or purchase of prior acts or tail coverage. This provision iscontingent upon post Contract coverage being both available and reasonably affordable inrelation to the coverage provided during the term of this Contract. For purposes of interpretingthis requirement, a cost not exceeding i 00% of the last annual policy premium during the term ofthis Contract in order to purchase prior acts or tail coverage for post Contract coverage shall bedeemed to be reasonable.

REVISED 9/ i 0 2

\ .9

(2) All required Automobile and Comprehensive or Commercial GeneralLiability Insurance shall be endorsed to contain the following clause: 0658

"The County of Santa Cruz, its officials, employees, agents and volunteers areadded as an additional insured as respects the operations and activities of, and on behalf of, thenamed insured's performance under its/his/her/their contract with the County of Santa Cruz."

(3) If any insurance policy of CONTRACTOR required by this documentincludes language conditioning the insurer's legal obligation to defend or indemnify COUNTYon the performance of any act(s) by the named insured, then said insurance policy, byendorsement, shall also name the County of Santa Cruz as a named insured. Notwithstanding theforegoing, both the CONTRACTOR and its insurers agree that by naming the County of SantaCruz as a named insured, the COUNTY may at its sole direction, but is not obligated to, performany act required by the named insured under said insurance policies.

(4) CONTRACTOR shall do all things required to be performed by itpursuant to its insurance policies including but not limited to paying within five (5) work days,all deductibles and self-insured retentions (SIR) required to be paid under any insurance policythat may provide defense or indemnity coverage to COUNTY or any additional insured.

(5)clause:

All required insurance policies shall be endorsed to contain the following

"This insurance shall not be canceled until after thiry (30) days prior written notice has beengiven to:

Santa Cruz CountyDepartment of Public WorksAttn: Bruce LaClergue

701 Ocean Street, Room 410Santa Cruz, CA 95060

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copyof these insurance provisions and provide COUNTY on or before the effective date of thisContract with Certificates of Insurance for all required coverages. All Certificates of Insuranceshall be delivered or sent to:

Santa Cruz CountyDeparment of Public WorksAttn: Bruce LaClergue701 Ocean Street, Room 410Santa Cruz, CA 95060

7. EOUAL EMPLOYMENT OPPORTUNITY. During and in relation to theperformance of this Contract, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant foremployment because of race, color, religion, national origin, ancestry, physical or mentaldisability, medical condition (cancer related), marital status, sexual orientation, age (over 18),veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such

\.~REVISED 9/10 3

action shall include, but not be limited to, the following: recruitment, advertising, layoff or 0659termination, rates of payor other forms of compensation, selection for training (includingapprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees topost in conspicuous places, available to employees and applicants for employment, notice settingforth the provisions of this non-discrimination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTORand if CONTRACTOR employees fifteen (15) or more employees, the following requirementsshall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements foremployees placed by or on behalf of the CONTRACTOR, state that all qualified applicants wilreceive consideration for employment without regard to race, color, religion, national origin,ancestry, physical or mental disability, medical condition (cancer related), marital status, sexualorientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factorunrelated to job duties. Such action shall include, but not be limited to, the following:recruitment; advertising, layoff or termination, rates of payor other forms of compensation,selection for training (including apprenticeship), employment, upgrading, demotion, or transfer.In addition, the CONTRACTOR shall make a good faith effort to considerMinority/Womenlisabled Owned Business Enterprises in CONTRACTOR'S solicitation ofgoods and services. Definitions for Minority/Women/Disabled Business Enterprises are availablefrom the COUNTY General Services Purchasing Division.

(2) In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders saidCONTRACTOR may be declared ineligible for further contracts with the COUNTY.

(3) The CONTRACTOR shall cause the foregoing provisions ofsubparagraphs 7B(I) and 7B(2) to be inserted in all subcontracts for any work covered under thisContract by a subcontractor compensated more than $50,000 and employing more than fifteen(15) employees, provided that the foregoing provisions shall not apply to contracts orsubcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTYhave reviewed and considered the principal test and secondary factors below and agree thatCONTRACTOR is an independent contractor and not an employee of COUNTY.CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.)and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits.COUNTY agrees that CONTRACTOR shall have the right to control the manner and means ofaccomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to controlthe manner and means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTYmay exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR isengaged in a distinct occupation or business; (c) In the locality, the work to be done byCONTRACTOR is usually done by a specialist without supervision, rather than under thedirection of an employer; (d) The skil required in the paricular occupation is substantial rather

REVISED 9/10 4

( .,

than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities,tools and work place; (t) The length of time for which CONTRACTOR is engaged is of limited 0660duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the jobrather than by the time; (h) The work is par of a special or permissive activity, program, or

project, rather than par of the regular business of COUNY; (i) CONTRACTOR and COUNTYbelieve they are creating an independent contractor relationship rather than an employer-

employee relationship; and U) The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of anindependent contractor relationship, but rather that overall there are significant secondary factorsthat indicate that CONTRACTOR is an independent contractor.

By their signatures on this Contract, each of the undersigned certifies that it is his or herconsidered judgment that the CONTRACTOR engaged under this Contract is in fact anindependent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without theprior wrtten consent of the COUNTY.

10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports andliterature that the Santa Cruz County Board of Supervisors has provided funding to theCONTRACTOR.

11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retainrecords pertinent to this Contract for a period of not less than five (5) years after final paymentunder this Contract or until a final audit report is accepted by COUNTY, whichever occurs first.CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa CruzCounty Auditor-Controller, the Auditor General of the State of California, or the designee ofeither for a period of five (5) years after final payment under this Contract.

12. PRESENTATION OF CLAIMS. Presentation and processing of any or allclaims arising out of or related to this Contract shall be made in accordance with the provisionscontained in Chapter 1.05 of the Santa Cruz County Code, which by this reference isincorporated herein.

13. ATTACHMNTS. This Contract includes the following attachments:Cost Proposal

14. LIVING WAGE. This Contract is covered under Living Wage provisions if thissection is initialed by COUNTY

If Item # 14 above is initialed by the COUNTY, then this Contract is subject to theprovisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wageto covered employees. Non-compliance during the term of the Contract with these LivingWage provisions wil be considered a material breach, and may result in termination of theContract and/or pursuit of other legal or administrative remedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, ifapplicable.

REVISED 9/1 0 5

\.\

15. MISCELLANEOUS. This written Contract, along with any attachments, is thefull and complete integration of the paries' agreement formig the basis for this Contract. Theparies agree that this written Contract supersedes any previous written or oral agreements

between the paries, and any modifications to this Contract must be made in a written documentsigned by all paries. Any arbitration, mediation, or litigation arising out of this Contract shalloccur only in the County of Santa Cruz, notwithstanding the fact that one of the contractingparies may reside outside of the County of Santa Cruz.

0661

IN WINESS WHEREOF, the parties hereto have set their hands the day and year first abovewritten.

By:SI

3. COUNTY OF SANTA CRUZ

By:SIGNED

-:~'Q~ Çc~ (PRITED

John 1. PresleighPRITED

Company Name: Central Coast Wilds

Address: 125 Walk Circle.

Santa Cruz. CA 95060

Telephone: (831) 459-0656

Fax: (831) 457-1606

Email:

2. APPROVED AS TO INSURANCE: 4. APPROVED AS TO FORM:

Risk Management~L-(~

Offce of County Counsel

DISTRIBUTION:Public WorksAuditor-ControllerRisk ManagementCentral Coast Wilds

ICA General.doc/CentralCoastWildICAles.doc

REVISED 9110 6

f. ~

Notes:1

2

3

45

\ . ~ p, 831.459.0656

Q! SizeINA

Q! Size52TP451104210

Q! SizeINA

Q! Size100TP48581044710

Cost Detail:Pajaro River Bench Excavation Project

For setup Dec 20U-Jan 2013Item

Set up and Propagation

0662

Unit Total$1,754.00 $1,754.00

For planting Dec 2013-Jan 2014Species Unit

Acer negundo $3.71Artemisia douglasiana $2.96Leymus triticoides $4.37

0.085 taxdelivery (2)

2013-2014 subtotal

Progress Inspection: June-July 2014Item UnitProgress billing $2,432.00

For planting Dec 2014-Jan 2015Species Unit

Acer negundo $3.71Aremisia douglasiana $2.96Leymus triticoides $4.37

0.085 taxdelivery (4)

2014-2015 total2013-2014 total2012-2013 totalContract Total

Total

$192.92$150.96$183.54$527.42

$44.83$160.00$732.25

Total$2,432.00

Total

$371.00$2,539.68$1,953.39$4,864.07

$413.45$320.00

$5,597.52$732.25

$1,754.00$8,083.77

Propagules must originate in Santa Cruz County, in riparian habitat.NVN wil provide Artemisia douglasiana and Acer negundo seed.Leymus divisions will be provided by CCWDelivery of plant materials wil be made to the project site(s) at various locations on the Pajaro RiverA storage fee of 10% per month of the value of plants held wil be applied in the event

that the plants are not received by the County according to the proposed schedule.

Central Coast Wilds125 Walk Circle

Santa Cruz, CA 95060F: 831.457.1606

COUN1 OF SANTA CRUZREQUES FOR APPROVAL OF AGREEMENT

0663

BY:

~)(SPtuP (Da)~ue ar aYli

10: Bord of Su ftco Aåinis omAuIt Coll

FRM:

AGREEMENTlY (Oi On) Revue 19 eet 0

Th Bord of Supe Is he reue to ape th attch agremet and authnZe th exec of sa. Santa Cruz County FLood Control and Water

1. Said agt Is beee th Conservation District - Zone 7an Acterra - Action for a Healthy Planet! ~~Il~feõ! BeAse~31ì3Road

(DeAg)(NarAd )

2. Th agtwll pre Native container plant stock for re-vegetation for thePaj ara River Bench Excayation Proj ect.

3. Pe of th agt is fr Board Approval W June 30, 2015

4. Anipte Cot is $ 25! 72 1. 00 o Axed 0 Monthly Ra 0 Annual Ra KJ Not to Exce

Ren: Contract: $25,721.00; Overhead: $2,186.26; Total: $27,907.29

S. Deil: o On ContinuingAgretsUsfoFY_-_,PageCC-_ Contrac No: CV2J736 OR 0 iotTmeAgreemcnt

o sen n No Bord ie rere, WILL be liste un Item 8o seon m .Bo le reuiro se IV Revue Agt

6. Approiations/Revnues are available and are budgeted ill 622380! 26429! 3665! (Index) 6610 (Sub obj&t)

NOTE: IF APPROPRITIONS ARE INSUFFIOENT, ATIACHED COMPLmD AUD-74 OR AIJD-60

Apprprlatioare have be

available and'~are not ~ encumbered. Contract No: CW23736By: CL

Auditor-Contrller DeputyDate: '/87 /2Ð J d-

J

Prl and acconting detil reewed and apprve. It is recmended that the Board of Superviso approve the agreement and authrie

District Engineer (Det/Agenc Head) to execute on behalf of the Santa Cruz County

Flood Control and Water Conservation District Zone 7 ( Dertment/Agenc)

Date: By:Count Administrative Office

MJS: les

Disbutin:Board of Supervrs - WhiteAudit Cotrlle - canaryAuditor-etrle - Pink

Dertent - Gold

State of califoiaCount of santa CrzI ex-officio CierI; ot th Bord of Supeisors of th County of santa Û".State of califoia, do hereby certify tht the foeging reuest for appral of agreeen was åp-pred by said Board of supervisors as recmmended by the County AdministTatiYe ote by anordr duly entere in the minutes of said Board on 20_

ADM - 29 (8/01)11 I, se 300 Pr Ma

AUOrrR-cONTOlLER USE ONLY

By: Deput Cieri

CO $Do No. JE Amnt Une H(T Keyed By Date

~oiTCllOAuto De~ SAmunt Inde ISub obje Us Co

Contract No. CW23736

INDEPENDENT CONTRACTOR AGREEMENT(General)

0664

This Contract is entered into this day of , 20_, by and betweenthe COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Acterra - Action for aHealty Planet, hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skil to accomplish thefollowing results: to propagate, grow and deliver native container plants for re-vegetation of thePajaro River Bench Excavation Project affected area as described in the attached cost proposalfor the County of Santa Cruz Department of Public Works.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing saidresult, COUNTY agrees to pay CONTRACTOR as follows: Payment not-to-exceed $25,721, ina manner described in the attached cost proposaL. Payment wil be processed after receipt ofinvoice and approval of project manager.

3. TERM.June 30, 2015.

The term of this Contract shall be: from Board Approval through

4. EARLY TERMINATION. Either party hereto may terminate this Contract atany time by giving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for thepurose of Section 5 and 6 of this document shall include, without limitation, its officers, agents,employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, other legal costs, orliability of any kind or nature which COUNTY may sustain or incur or which may be imposedupon it at any time for injury to or death of persons, or damage to property as a result of, arisingout of, or in any maner connected with the CONTRACTOR'S performance under the terms ofthis Contract, excepting any liability arising out of the sole negligence of the COUNTY. Suchindemnification includes any damage to the person(s), or property(ies) of CONTRACTOR andthird persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributionsrequired to be paid with respect to CONTRACTOR and CONTRACTOR'S officers, employeesand agents engaged in the performance of this Contract (including, without limitation,unemployment insurance, social security and payroll tax withholding).

\.~

6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term ofthis Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliancewith all of the following insurance coverage(s) and requirements. Such insurance coverage shallbe primary coverage as respects COUNTY and any insurance or self-insurance maintained byCOUNTY shall be considered in excess of CONTRACTOR'S insurance coverage and shall notcontribute to it. If CONTRACTOR normally carries insurance in an amount greater than theminimum amount required by the COUNTY for this Contract, that greater amount shall becomethe minimum required amount of insurance for purposes of this Contract. Therefore,REVISED 9/10

CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shallbe deemed liability coverage for any and all actions it performs in connection with this Contract.

0665If CONTRACTOR utilizes one or more subcontractors in the performance of this

Contract, CONTRACTOR shall obtain and maintain Independent Contractor's Insurance as toeach subcontractor or otherwise provide evidence of insurance coverage from each subcontractorequivalent to that required of CONTRACTOR in this contract, unless CONTRACTOR andCOUNTY both initial here 1

A. Types of Insurance and Minimum Limits

(1) Worker's Compensation in the minimum statutorily required coverageamounts. This insurance coverage shall be required unless the CONTRACTOR has noemployees and certifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONTRACTOR'S vehiclesused in the performance of this Contract, including owned, non-owned (e.g. owned byCONTRACTOR'S employees), leased or hired vehicles, in the minimum amount of $500,000combined single limit per occurrence for bodily injury and property damage. This insurancecoverage is required unless the CONTRACTOR does not drive a vehicle in conjunction with anypart of the performance of this Contract and CONTRACTOR and COUNTY both certify to thisfact by initialing here _I _'

(3) Comprehensive or Commercial General Liability Insurance coverage inthe minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodilyinjury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e)cross-liability.

(4) Professional Liability Insurance in the rninirnurn amount of$ combined single limit, if, and only if, this Subparagraph is initialed byCONTRACTOR and COUNTY 1_

B. Other Insurance Provisions

(1) If any insurance coverage required in this Contract is provided on a"Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the requiredcoverage for a period of three (3) years after the expiration of this Contract (hereinafter "postContract coverage") and any extensions thereof. CONTRACTOR may maintain the requiredpost Contract coverage by renewal or purchase of prior acts or tail coverage. This provision iscontingent upon post Contract coverage being both available and reasonably affordable inrelation to the coverage provided during the term of this Contract. For purposes of interpretingthis requirement, a cost not exceeding 100% of the last annual policy premium during the term ofthis Contract in order to purchase prior acts or tail coverage for post Contract coverage shall bedeemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial GeneralLiability Insurance shall be endorsed to contain the following clause:

"The County of Santa Cruz, its officials, employees, agents and volunteers areadded as an additional insured as respects the operations and activities of, and on behalf of, thenamed insured's performance under its/his/her/their contract with the County of Santa Cruz."

REVISED 9/1 0 2

(.4

..

(3) If any insurance policy of CONTRACTOR required by this document 0666includes language conditioning the insurer's legal obligation to defend or indemnify COUNTYon the performance of any act(s) by the named insured, then said insurance policy, byendorsement, shall also name the County of Santa Cruz as a named insured. Notwithstanding theforegoing, both the CONTRACTOR and its insurers agree that by naming the County of SantaCruz as a named insured, the COUNY may at its sole direction, but is not obligated to, performany act required by the named insured under said insurance policies.

(4) CONTRACTOR shall do all things required to be performed by itpursuant to its insurance policies including but not limited to paying within five (5) work days,all deductibles and self-insured retentions (SIR) required to be paid under any insurance policythat may provide defense or indemnity coverage to COUNTY or any additional insured.

(5)clause:

All required insurance policies shall be endorsed to contain the following

"This insurance shall not be canceled until after thiy (30) days prior written notice has beengiven to:

Santa Cruz CountyDeparment of Public WorksAttn: Bruce LaClergue

701 Ocean Street, Room 410Santa Cruz, CA 9506

(6) CONTRACTOR agrees to provide its insurance broker(s) with a full copyof these insurance provisions and provide COUNTY on or before the effective date of thisContract with Certificates of Insurance for all required coverages. All Certifcates of Insuranceshall be delivered or sent to:

Santa Cruz CountyDeparment of Public WorksAttn: Bruce LaClergue701 Ocean Street, Room 410Santa Cruz, CA 95060

7. EOUAL EMPLOYMNT OPPORTUNITY. During and in relation to theperformance of this Contract, CONTRACTOR agrees

b. consideration of late additions c. additions and deletionssccounty01.co.santa-cruz.ca.us › bds...

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