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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS <br />OF THE COUNTY OF SAN BERNARDINO <br />AND RECORD OF ACTION <br />REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS <br />OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT <br />AND RECORD OF ACTION <br />October 6, 2020 <br />FROM <br />MICHELLE D. BLAKEMORE, County Counsel <br />LUTHER SNOKE, Interim Director <br />Department of Public Works — Transportation and Flood Control District <br />SUBJECT <br />Stormwater Permit Participation and Joint Defense Agreement with Pillsbury Winthrop Shaw <br />Pittman LLP <br />RECOMMENDATION(S) <br />1. Acting as the governing body of the County of San Bernardino, approve the Municipal <br />Separate Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) <br />Stormwater Permit Participation and Joint Defense Agreement No. 20-985 with the law firm <br />of Pillsbury Winthrop Shaw Pittman LLP for the term October 6, 2020 through December 31, <br />2022 (Four votes required). <br />2. Acting as the governing body of the San Bernardino County Flood Control District, approve <br />the MS4 NPDES Stormwater Permit Participation and Joint Defense Agreement No. 20-985 <br />with the law firm of Pillsbury Winthrop Shaw Pittman LLP for the term October 6, 2020 <br />through December 31, 2022 (Four votes required). <br />(Presenter: David Doublet, Deputy Director, 387-7906) <br />COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES <br />Operate in a Fiscally -Responsible and Business -Like Manner. <br />Pursue County Goals and Objectives by Working with Other Agencies. <br />FINANCIAL IMPACT <br />Approval of this item will not result in the use of additional Discretionary General Funding (Net <br />County Cost) as the MS4 NPDES Stormwater Permit Participation and Joint Defense <br />Agreement (Participation Agreement) does not commit the County of San Bernardino (County) or <br />San Bernardino County Flood Control District (District) to provide additional funding to Pillsbury <br />Winthrop Shaw Pittman LLP (Pillsbury). Pursuant to San Bernardino County Code Section <br />12.1908, County Counsel retained Chris Amantea on behalf of the District through a Purchase <br />Order (currently, Purchase Order No. 4100117301). Services provided by Mr. Amantea to the <br />District for the MS4 NPDES Stormwater Permit are funded by the Areawide Urban Stormwater <br />Program (Program) under Implementation Agreement No. 11-545 (Implementation Agreement) <br />approved by the Board of Supervisors on June 28, 2011 (Item No. 94). The Program is funded <br />by its participants with the following shares: County (19.06%), District (5.00%), and 16 cities <br />Item 47 <br />Page 1 of 4 <br />