HomeMy WebLinkAboutAGMT - Orange County Flood Control District (D02-129) FILE
COPY
Bryan Speegle,Director
S2 \
�_wy COUNTY OF ORANGE Environmental Resources
V F j� fii 1750 S.Douglass Road
• ••'�i�''
'0'0V11,1: RESOURCES&DEVELOPMENT MANAGEMENT DEPARTMENT Anaheim,CA 92806
14/7ig Telephone: (714)567-6363
Fax: (714)567-6220
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April 20, 2005 Cas/t"" •
In
Mr. Mark Vukojevic
NPDES Program Coordinator
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Subject: Executed Amendment Number One to Water Quality Ordinance Implementation
Agreement - D02-129
Dear Mr. Vukojevic:
Attached is Amendment Number One to Water Quality Ordinance Implementation Agreement
D02-129 executed on December 22, 2004. This amendment extends the original agreement
between the city and the Orange County Flood Control District for three additional years
commencing December 22, 2004. One executed amendment with original signatures is
attached for your records.
Please contact Duc Nguyen at (714) 973-6690 if you have any questions.
Very truly • rs,
Chris -omp on, anager
9
Environmental Resources
Attachment: Executed Amendment Number One to Water Quality Ordinance Implementation
Agreement D02-129
cc: Darlene Bloom, Clerk of the Board (copy)
Betsy Estrada, RDMD\Accounting (copy)
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Agreement No. D02 -129
1 AMENDMENT NUMBER ONE TO n
WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT ��
2 BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT
AND THE CITY OF .
3 Seal Beach <
k 4
W I T N E S S E T H
5
WHEREAS, on February 25, 2003, WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT
6 NO. D02 -129 (hereinafter referred to as "AGREEMENT ") between the Orange County Flood
7 Control District, (hereinafter referred to as "DISTRICT "), and the City of Seal Beach,
8 (hereinafter referred to as "CITY "), sometimes collectively referred to herein as "the
9 PARTIES, "was executed for a period of two (2) years.
10 WHEREAS, SECTION 3(a) of,AGREEMENT NO. D02 -129 stipulates that the AGREEMENT is
renewable for an additional three (3) years upon mutual agreement of the PARTIES as
11
memorialized in writing by the CITY and the Director of Public Facilities and
12
Resources Department (PFRD), or her designee, on behalf of the DISTRICT.
13
WHEREAS, SECTION 3(a), line 22 currently refers to the Director, Public
14 Facilities and Resources Department, or her designee, and the title of that individual
15 has recently been changed to the Director, Resources and Development Management
16 Department (RDMD).
17 NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
18 1. Section 3(a) of AGREEMENT NO. D02 -129 is hereby amended to extend the term
of the AGREEMENT for an additional three year period, from February 25,
19
2005.
20
2. Section 3(a), line 22, is hereby amended to read "Director of Resources and
21
Development Management Department (RDMD), or his designee."
22 Except as amended herein, all other terms, conditions and covenants of AGREEMENT NO.
23 D02 -129 remain unchanged and enforceable as originally set forth.
24
25
26
1
Agreement No. D02 129
1 •IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE to
2 AGREEMENT NO. D02 -129 for three years commencing on February 25, 2005:
3 ORANGE COUNTY FLOOD CONTROL DISTRICT,
4 a body corporate and politic,
5
6 Date:�{"��`���1 By:
Director
7 Resources Deve opment Management Department
8 APPROVED AS TO FORM
COUNTY COUNSEL
9 County of Orange
10
11
BY:
12
13 Date:
14
15 City of Seal Beach
16
17
Date: ) O� By:
18 Mayor
19
20
APPROVED AS TO FORM:
21
22
C.L7P
23 Cit Clerk City Attorney of Seal Beach
24
25
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2
• • Agreement No. D02 -129
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1 WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE CITY OF SEAL BEACH
2
3 THIS AGREEMENT, hereinafter referred to as "AGREEMENT" and for purposes of
4 identification numbered D02 -129, is made and entered into this "2.40 day of
5 FP \o ft Q r ,2003, by and between the City of Seal Beach, a municipal
corporation, hereinafter designated as "CITY" and the Orange County Flood Control
6
District, a body corporate and politic, hereinafter referred to as "DISTRICT ". These
7
entities are hereinafter sometimes jointly referred to as "PARTIES" and individually
8 as "PARTY ".
9 W I T N E S S E T H
10 WHEREAS, pursuant to 33 United States Code Section 1251 et'seq., as amended
11 the PARTIES are subject to a municipal National Pollutant Discharge Elimination
12 System (NPDES) Stormwater Permit and 40 CFR 122.26 (d)(2)(i)(A -F), which requires
each to control various potential pollutant sources into the municipal storm drain
13
system through enforcement of an adequate system of local legal authority; and
14
WHEREAS, on December 18, 1990 the County entered into the National Pollutant
15
Discharge Elimination System Stormwater Permit Implementation Agreement (hereinafter
16
referred to as "IMPLEMENTATION AGREEMENT ") with CITY and other parties. This
17 IMPLEMENTATION AGREEMENT was subsequently amended on October 26 1993; and
18 WHEREAS, the IMPLEMENTATION AGREEMENT specifies that the CITY is principally
19 responsible for implementing the National Pollutant Discharge Elimination System
20 ? erm it within its jurisdictional boundaries; and
WHEREAS, the IMPLEMENTATION AGREEMENT contains provisions allowing CITY to name
21
DISTRICT as "enforcer of a water pollution control ordinance "; and
22
ji WHEREAS, CITY has adopted a water quality ordinance (hereinafter referred to as
23 j
1 "CITY ORDINANCE ") that provides in Section 26 -B -7 -A that the CITY may "contract for
24
the services, of any public agency or private enterprise to carry out the planning
25
approvals, inspections, permits and enforcement authorized by this Ordinance "; and
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• 1
• • Agreement No. D02 -129
1 WHEREAS, said CITY ORDINANCE defines "AUTHORIZED INSPECTOR" as persons
2 designated to investigate compliance and detect violations of the CITY ORDINANCE; and
3 WHEREAS, said CITY ORDINANCE contains provisions to control pollutants from
both existing and new urban development and significant redevelopment; and
4
WHEREAS, Section 8 -1 -90 (c) of those Codified Ordinances of the DISTRICT
5
relating to Storm Water Management and Urban Runoff provides that the DISTRICT may,
6
upon designation by any city within COUNTY , and at no cost to DISTRICT, be named as
7 an Authorized Inspector for that city "; and
8 WHEREAS, in furtherance of said program implementation, CITY now wishes to
9 contract with DISTRICT to serve as AUTHORIZED INSPECTOR pursuant to the CITY
10 ORDINANCE, and to pay DISTRICT for the full cost of providing those services; and
11 WHEREAS, DISTRICT is willing to provide .such services to the extent allowed by
available staffing resources (See Section 1(g)and 2(a))and to accept payment from
12
CITY for the full cost of providing those services.
13
NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual covenants
14
and agreements contained in this AGREEMENT, agree as follows:
15
SECTION 1. DISTRICT RESPONSIBILITIES
16 Upon request from designated CITY representatives, DISTRICT, upon availability of
17 staffing resources, is authorized to:
18 (a)-Act as an AUTHORIZED INSPECTOR on behalf of CITY and shall investigate compliance
19 with, detect violations of, and /or take actions pursuant to the CITY ORDINANCE,
generally including activities such as water pollution incident response, clean -
20
up and/or enforcement activities associated with the following:
21
(i) In response to specific pollutant releases originating from within CITY
22
limits;
23
(iii In response to specific pollutant releases originating from within CITY
24 limits that are detected in DISTRICT facilities; and
25 (iii) In response to adverse findings of water quality monitoring that are
26 attributable to specific pollutants originating within CITY limits.
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2
• • Agreement No. D02 -129
1 (b) Perform services in Section (a) of this AGREEMENT as set forth in the CITY
2 ORDINANCE and its accompanying Enforcement Consistency Guide;
3 (i) Notify designated CITY National Pollutant Discharge Elimination System
4
Permit representative of request for water pollution incident response,
clean -up and /or enforcement activities received from designated CITY
5
representatives and Departments;
6
(ii) Prepare annual list of investigations conducted on CITY'S behalf for CITY
7 to submit in the Annual Progress Report to the Regional Water Quality
8 Control Board(s);
9 (c) Upon written request by the CITY;
10 (i) Provide to CITY all incident reports and related documents prepared in
11 connection with DISTRICT'S performance under this AGREEMENT and make
such records available for inspection by authorized representatives of
12
CITY during normal business hours;
13
(ii) Utilize services of outside consultants and contractors to aid in the
14
investigation, cleanup and /or enforcement activities undertaken pursuant
15
to this AGREEMENT. If this is required, DISTRICT shall utilize
16 consultants and contractors hired by the CITY under the CITY'S standing
17 purchase order agreements;
18 (d) Invoice CITY within forty -five (45) days of the signing of this AGREEMENT by the
19 DISTRICT Board of Supervisors for the initial annual pollution response on -call
20 fee identified in Exhibit A, prorated for the balance of the fiscal year ending
June 30 from the date of AGREEMENT signing. For subsequent billing years, by
21
June 30` of each year the DISTRICT shall review and revise Exhibit A as necessary
22
based on the then current on -call labor rates, the number of cities contracting
23
with the DISTRICT for water quality ordinance services and the latest land area
24 and population data as specified in the IMPLEMENTATION AGREEMENT. The DISTRICT
25 shall invoice CITY within 60 days of the beginning of each fiscal year (July 1)
26 based on the revised Exhibit A.
3
• • • Agreement No. D02 -129
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1 (e) Invoice CITY on a monthly basis for all work performed by DISTRICT under this
2 AGREEMENT on behalf of CITY. DISTRICT will not invoice any "PERSON ", as defined
3 in CITY ORDINANCE, identified as causing or contributing to a violation of said
ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs incurred by
4
DISTRICT for labor, equipment and services. Said actual costs include overhead
5
i (indirect costs such as tools, computers, etc.) and burden (employee benefits).
6
(f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY,
7 its elected and appointed officials, officers, agents, employees and contractors
8 free and harmless from any claim, cause of action, or liability whatsoever, based
9 or asserted upon any act or omission of DISTRICT, its elected and appointed
10 officials, officers, agents, employees and contractors, for property damage,
11 bodily injury or death or any other element of damage of any kind or nature,
relating to or in any way connected with or arising from the accomplishment of
12
the services to be performed by DISTRICT under this AGREEMENT, except as provided
13
for in Sections 2 (h) and 2 (i) below.
14
(g) Nothing in this Agreement shall be interpreted as an assumption by the DISTRICT
15
of any obligations the CITY may have under law or applicable permits to implement
16 a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose
17 of authorizing DISTRICT personnel to act as an AUTHORIZED INSPECTOR for the CITY.
18 This AGREEMENT creates no obligation to provide those services. AUTHORIZED
19 INSPECTOR services will be provided only to the extent permitted by DISTRICT
20 resources.
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4
• Agreement No. D02 -129
1 SECTION 2. CITY RESPONSIBILITIES:
2 CITY shall:
3 (a) Identify, in writing, the designated CITY National Pollutant Discharge •
Elimination System (NPDES) Permit and Authorized Inspector representatives that will
4
be responsible for water pollution incident response, clean - up and /or enforcement
5
activities when DISTRICT involvement is not requested, approved or available. The
6
designations shall include representative names, titles, departments and
7 business /after hours phone numbers;
8 (b) Designate in writing those CITY representatives authorized to submit service
9 requests to DISTRICT on behalf of CITY. Any request from CITY police department and
• 10 Orange County Fire Authority shall represent CITY approval. The designations shall
11 include representative names, titles, departments and business /after hours phone
•
numbers;
12
(c) Meet periodically with DISTRICT to discuss the services being provided, review
13
• individual cases, and ensure DISTRICT enforcement activities are consistent with CITY
14
•
O ?DIN.L.NCE and accompanying Enforcement Consistency Guide;
15
id` ?ro ide in writing any requests for incident reports or related documents
16
prepared in connection with DISTRICT'S performance under this AGREEMENT (Section 1
17 i),,
. 18 (e) ?: ::de information in writing regarding any standing purchase order agreements
19 : ss.._ C:.: for employment by DISTRICT of outside consultants and contractors
S___o.. 1 ±-' -i Information provided should include'contractor /consultant
20
__-:ta:: :..formation, purchase order number and services provided.;
21
!` payment to DISTRICT within thirty (30) days of receipt of annual or monthly
22
_...c: _ from DISTRICT for work performed in accordance with this AGREEMENT and
23
_...., :e an - PERSON - , as identified in CITY ORDINANCE, identified as being
•
24
espo:-:s_ble for violations of the water quality ordinance;
25 (g) Assume any and all liability for failure to approve needed work and
26 expenditures to respond to pollutant releases;
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5
Agreement No. D02 -129
1 (h) CITY shall indemnify, defend with counsel approved by DISTRICT, and hold
2 DISTRICT, its elected and appointed officials, officers, agents, employees and
3 contractors, free and harmless from any claim, cause of action or liability
whatsoever, based or asserted upon any act or omission of CITY, its elected and �.
4
appointed officials, officers, agents, employees and contractors for property
5
damage, bodily injury or death or any element of damage of any kind or
6
nature, specifically relating to or in any way connected with or arising from the
7
extent and /or adequacy of investigation, or clean -up of pollutants on behalf of
8 CITY, performed by, on behalf of, or under the supervision of DISTRICT personnel,
9 ' acting in good faith and with due diligence in fulfillment of DISTRICT's
10 responsibilities pursuant to this AGREEMENT; and
11 (i) Where CITY staff is providing pollution response duties hereinunder, CITY shall
indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its elected
12
and appointed officials, officers, agents, 'employees and contractors free and
13
harmless from any claim, cause of action, or liability whatsoever, based or
14
asserted upon any act of CITY, its elected and appointed officials, officers,
15
agents, employees and contractors, for property damage, bodily injury or death or
16 any other element of damage of any kind or nature, relating to or in any way
17 connected with or arising from the accomplishment of services performed by CITY in
18 implementing or enforcing CITY ORDINANCE to which DISTRICT'was not a party of.
19 SECTION 3. GENERAL PROVISIONS
20 (a) The term of this AGREEMENT shall be for a period of two (2) years commencing with
the date of the execution of this AGREEMENT, renewable for an additional three (3)
21
years upon mutual agreement of the PARTIES as memorialized in writing by the CITY and
22
the Director of Public Facilities and Resources Department (PFRD),•or her designee,
23
on behalf of the DISTRICT. .
24
(b) Either party may terminate this AGREEMENT in advance of the termination date,
25 upon sixty (60) days written notice to the other party sent to'the following
26 addresses
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6
I
4 Agreement No. D02 -129
1 DISTRICT:
2 Orange County Flood Control District
Attn: Director, Public Facilities and Resources Department
3 Post Office Box 4048
4 Santa Ana, California 92702 -4048
5 CITY:
6 City of Seal Beach
Attn: Director of Public Works
7 211 8th.' Street
8 Seal Beach, CA. 90740
9 Upon termination by either PARTY, the DISTRICT shall inform the CITY of any ongoing
10 investigations prior to the termination date and return the prorated share of any
11 remaining annual pollution response on -call fees within forty -five (45) days after
12 the termination date .for the fiscal year in which the termination occurs. Upon
13 termination it will be the responsibility of the CITY to complete any water pollution
incident response, clean -up and /or enforcement activities associated with any ongoing
14
investigations.
15
(c) PARTIES agree to fully cooperate with and assist one another in all matters
16
per to losses arising from costs not reimbursed by any "PERSON ", as identified -
17
in CITY ORDINANCE, in performance of this AGREEMENT. If a claim is made, or suit is
18 brought against a PARTY to this AGREEMENT likely to be related to the performance
1 9 Thereof, said PARTY shall immediately forward every claim, demand, notice, summons or
20 othe. process received by it to the other PARTY hereto.
21 ! If any part of this AGREEMENT is held, determined or adjudicated to be illegal,
22 void or unenforceable by a court of competent jurisdiction, the remainder of this
AGREEMENT shall be given effect to the fullest extent reasonably possible.
23
(e) No alteration or variation of the terms of this AGREEMENT shall be valid unless
24
made in writing and signed by the PARTIES hereto, and.no oral understanding or
25
agreement not incorporated shall be binding on any of the PARTIES hereto.
26
7
• Agreement No. D02 -129
1 (f) The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been
2 duly authorized and executed and constitutes the legally binding obligation of their
3 respective organization or entity, enforceable in accordance with its terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
5 the dates opposite their respective signatures:
6 ORANGE COUNTY FLOOD CONTROL DISTRICT,
7 a body corporate and politic,
8
9
Date: c ) ^,2 * By; ^ CA44°—;0\() ...- . .
10 Director
Public Facilities and Resources Department
11 -
12 APPROVED AS TO FORM
COUNTY COUNSEL
13
14
BY: ire
15 Deputy •
16 VI Date : Y 03
17 .
18
CITY OF SEAL BEACH
19
20
21 Date: eFm5ph, QpzQ,� By: 14 . i ,�
Mayor
22 .
23 •
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24 APPROVED AS TO FORM:
25
'4111° .
26 _ /// „rah
Cit Clerk City Attorney of SEAL BEACH
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