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City of San Leandro CIA No. D43CIASAL0001 Page 1 of 11 COOPERATIVE IMPLEMENTATION AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON January ___ 2025, (the EFFECTIVE DATE) is between the State of California acting by and through its Department of Transportation, referred to herein as “CALTRANS” and the City of San Leandro, a body politic and a municipal corporation (chartered City) of the State of California, referred to herein as “AGENCY”. CALTRANS and AGENCY are together referred to as PARTIES. RECITALS 1. CALTRANS and AGENCY, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within AGENCY’s jurisdiction. 2. As per Attachment D of the Caltrans National Pollutant Discharge Elimination Permit Order 2022-0033-DWQ (NPDES Permit), Section 5.1 and/or Attachment E, Section 3 of the NPDES Permit, CALTRANS and AGENCY may collaboratively implement the NPDES Permit requirements as they have been identified as stakeholders in the Total Maximum Daily Load (TMDL) or contain Significant Trash Generating Areas (STGA) for the City of San Leandro Municipal Regional Permit, section C.10 Trash Capture Device Project at Sites 14.1 and 14.2 (hereinafter referred to as “PROJECT”). CALTRANS has agreed to contribute an amount not to exceed three million and three hundred thousand Dollars ($3,300,000) to AGENCY for AGENCY to construct the PROJECT, within the regional area under the jurisdiction of AGENCY to comply with the TMDL or to treat STGAs. The NPDES Permit (including Attachments D and E) is located at: www.waterboards.ca.gov/water_issues/programs/stormwater/caltrans.html 3. AGENCY has agreed to implement the PROJECT subject to the terms and conditions of this Agreement including all documents attached hereto that are incorporated herein and hereby made a part of this Agreement (collectively referred to as the AGREEMENT). In the event of a conflict between the attachments and the AGREEMENT, the terms of the AGREEMENT will prevail. 4. AGENCY will be responsible for all management, maintenance and operations, including costs, of the constructed PROJECT. 5. For NPDES Permit compliance, CALTRANS will claim trash and TMDL compliance credit for Caltrans areas treated by the PROJECT as granted by the San Francisco Bay Regional Water Quality Control Board for the PROJECT. CALTRANS intends to claim CALTRANS areas controlled by the PROJECT to demonstrate trash control and load reductions required to meet its TMDL waste load allocations. 6. Cooperative implementation has the following advantages: cooperative implementation (i) allows for water quality improvement projects off the ROW, at locations that may otherwise have space, access, or safety limitations within the ROW; (ii) provides for the involvement of local watershed partners who have an interest and expertise in the best way to protect, manage, and enhance water quality in the watershed; (iii) allows for implementation of Best Management Practices (BMPs) and other creative solutions not