To: The Contra Costa County Flood Control and Water Conservation District Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Agreement Amendment between San Francisco Bay Restoration Authority and Flood Control District for award of Measure AA Grant for the Lower Walnut Creek Restoration Project.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute an amendment to the Measure AA Grant Agreement No. SFB0017-RA0013 between the Contra Costa County Flood Control and Water Conservation District (Flood Control District) and the San Francisco Bay Restoration Authority (Authority), effective July 9, 2024, to increase the grant amount by $3,000,000 to a new grant amount of $10,929,855, and extend the term through December 31, 2046, and the completion date to December 31, 2026, for the Lower Walnut Creek Restoration Project (LWC Project), Martinez area.
FISCAL IMPACT:
The grant agreement amendment provides additional pass-through Authority funds up to $10,929,855. No fiscal impact is expected to the Flood Control District funds. (Project No. 7520-6B8285)
BACKGROUND:
On December 8, 2020, the Board of Supervisors approved the original grant agreement with the Authority for funding the LWC Project.
The original grant agreement provided for $1,000,000 of the grant award to be passed on to the Flood Control District’s partner, John Muir Land Trust (JMLT) for public access amenities. The Authority has approved an amendment for an increase of $3,000,000 for JMLT’s public access work, increasing the total grant amount from $7,929,855 to $10,929,855. The amendment also extends the term of the grant agreement to December 31, 2046, and the completion date to December 31, 2026.
The Flood Control District has a pending amendment with JMLT. This will be submitted for the Board’s consideration under a separate item in a future agenda.
Under the grant agreement, the Flood Control District is obligated to defend and indemnify the Authority for third party claims arising out of the Flood Control District’s negligence or willful misconduct in performing the grant agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, the Flood Control District will be unable to continue its grant agreement with the Authority and support JMLT completion of the public access amenity components of the LWC Project.