Memorandum
Date: July 10, 2023
To: The Honorable Lake County Board of Supervisors, Sitting as the Board of
Directors, Lake County Watershed Protection District
From: Scott De Leon, Director, and Angela De Palma-Dow, Program Coordinator,
Water Resources Department
Subject: Adopt Resolution authorizing the County of Lake Water Resources Director to (a) accept and execute 2023 Nonpoint Source (NPS) Grant Program - Clean Water Act section 319(h) Planning Grant and Agreement Award for $145,098 (b) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of the goods and services, (c) Approve and authorize the Water Resources Director to sign the service agreement with California Rural Water Agency and MC Engineering to fulfill the 319(h) Grant deliverables, and (d) Approve and authorize the Water Resources Director to sign the attached Reimbursement agreements between the District and the Cities of (i) Lakeport and (ii) Clearlake to complete the project and authorize the Water Resources Director to sign.
Executive Summary:
Staff is requesting the Board of Supervisors, acting as the Directors of the Lake County Watershed Protection District, authorize the Water Resources Director to accept and execute 2023 Nonpoint Source (NPS) Grant Program - Clean Water Act section 319(h) Planning Grant and Agreement Award for $145,098 (Exhibit A). Staff is also requesting the Water Resource Director to enter into a service agreement (Exhibit B) with the non-profit California Rural Water Association (CRWA) and their contracted partners at MC Engineering to complete the tasks and deliverables of the awarded grant (Exhibit C). Lastly, we are asking the Directors to approve the reimbursement agreements between the District and both Cities (Lakeport and Clearlake) and authorize the Water Resources Director to sign. This item is not expected to be controversial; therefore we are requesting this item to be placed on the Consent Agenda.
The 2023 Nonpoint Source (NPS) Grant Program awarded funding toward the development of a Lake County Watershed-Based Nonpoint Source Management Plan (herein “The Plan”). The Plan applies to the entire County, not just the Clear Lake Basin, and will identify how storm water can be utilized as a resource to better serve the environmental, economic, infrastructural, safety, and public health while simultaneously improving water quality in all our lakes and rivers.
This project will culminate in a fully developed plan that will make the County competitive for future 319(h) implementation funds, and other stormwater related funding opportunities from the State Water Board and the US EPA. For example, implementation projects could include green infrastructure, groundwater recharge, stormwater capture and reuse, and identify priority areas for restoration and improved management measures to improve storm water runoff water quality.
This project, and collaborative strategy, has been presented to and approved by the board-appointed Clean Water Program Management Council (formerly the Storm Water Advisory Committee) during the November 2022 quarterly meeting.
Due to the collaborative nature of this project, with contributions from both City of Lakeport ($4,950) and City of Clearlake ($4,950), and pro bono contribution from our partners at California Rural Water Association estimated at $29,948 and their contracted engineers MC Engineering, staff is requesting that the Board waive the competitive bidding process and approve a contract agreement with the Non-Profit CRWA and MC Engineering partners to assist in the execution of this grant-funded project. In accordance with Lake County Code Section 38.2 (3), it is not in the public’s interest to competitively bid this project, and specifically staff identifies that competitive bidding would not result in an economic benefit to the County. Additional justifications for the waiver includes:
1) The CRWA, and MC Engineering recently concluded a Source Water Protection Plan (that included the 2023 Update to the Drinking Water Treatment Sanitary Survey) and Clear Lake Watershed Assessment Plan as part of a NRCS National Water Quality Initiative grant that was awarded to Watershed Protection District. The research and information the CRWA and MC engineers conducted as part of that project will overlap with the needs of the 319 grant project plan. It is economically logical that the same organizations, and partners, work on these plans together to maximize efficiency and to eliminate the need for knowledge and training transfer (of which the 319 grant will not support).
2) The CRWA is contributing significant technical and consultant labor services (~$29,948) on this project on a “pro-bono” basis, reducing the cost directed to the grant and at no cost to the District and,
3) While CRWA is a non-profit organization, charged with helping rural areas improve drinking water quality and quantity, other available and qualified companies, consultants, or organizations are not, and therefore it’s not financially logical to go through the bid process for this project that will not result in an economic savings.
This project has support from the other jurisdictional members in the Clean Water Program, specifically the Cities of Lakeport and Clearlake, and attached to this memo, for approval, are copies of the reimbursement agreements between the District and the Cities, to contribute to the Plan for areas of the County that are not applicable under the grant funds (i.e. urban areas such as the cities and community growth boundaries).
Attachments:
Resolution accepting the 319(h) grant funds and authorizing the Director of Water Resources to sign and execute the grant
Exhibit A - 319 (h) Nonpoint Source Grant Program Agreement with the Water Board
Exhibit B -CRWA Professional Services Agreement and Task Order for MC Engineering
Exhibit C - Reimbursement Agreements for Plan Collaboration and Contribution between County of Lake and Clearlake and Lakeport
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Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
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Recommended Action:
Adopt Resolution authorizing the County of Lake Water Resources Director to (a) accept and execute 2023 Nonpoint Source (NPS) Grant Program - Clean Water Act section 319(h) Planning Grant and Agreement Award for $145,098 (b) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of the goods and services, (c) Approve and authorize the Water Resources Director to sign the service agreement with California Rural Water Agency and MC Engineering to fulfill the 319(h) Grant deliverables, and (d) Approve and authorize the Water Resources Director to sign the attached Reimbursement agreements between the District and the Cities of (i) Lakeport and (ii) Clearlake to complete the project and authorize the Water Resources Director to sign.