HomeMy WebLinkAboutAGMT - Orange County Flood Control District (D07-100) Agreement No. D07 -100
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 D07 -100, is made and entered into this -1-1 day
5 of �e..6lrtn c. rU
,2142Dg, by and between the City of Seal Beach, a municipal
6 corporation, hereinafter designated as "CITY" and the Orange County Flood Control
7 District, a body corporate and politic, hereinafter referred to as "DISTRICT ".
8 These entities are hereinafter sometimes jointly referred to as "PARTIES" and
9 individually as "PARTY ".
10 W I T N E S S E T H
11 WHEREAS, pursuant to 33 United States Code Section 1251 et seq., as amended
12 the PARTIES are subject to a municipal National Pollutant Discharge Elimination
13 System (NPDES) Stormwater Permit and 40 CFR 122.26 (d)(2)(i)(A -F), which requires
14 each to control various potential pollutant sources into the municipal storm drain
15 system through enforcement of an adequate system of local legal authority; and
16 WHEREAS, on December 18, 1990 the County entered into the National Pollutant
17 Discharge Elimination System Stormwater Permit Implementation Agreement
18 (hereinafter referred to as "IMPLEMENTATION AGREEMENT ") with CITY and other
19 parties. This IMPLEMENTATION AGREEMENT was subsequently amended on October 26,
20 1993; and
21 WHEREAS, the IMPLEMENTATION AGREEMENT specifies that the CITY is principally
22 responsible for implementing the National Pollutant Discharge Elimination System
23 Permit within its jurisdictional boundaries; and
24 WHEREAS, the IMPLEMENTATION AGREEMENT contains provisions allowing CITY to
25 name DISTRICT as "enforcer of a water pollution control ordinance "; and
26 WHEREAS, CITY has adopted a water quality ordinance (hereinafter referred to
27 as "CITY ORDINANCE ") that provides in Section ' 2 6 7 the CITY may "contract
28 for services of any public agency or private enterprise to carry out the planning
29 approvals, inspections, permits and enforcement authorized by this Ordinance "; and
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Agreement No. D07 -100
1 WHEREAS, said CITY ORDINANCE defines "AUTHORIZED INSPECTOR" as persons
2 designated to investigate compliance and detect violations of the CITY ORDINANCE;
3 and
4 WHEREAS, said CITY ORDINANCE contains provisions to control pollutants from
5 both existing and new urban development and significant redevelopment; and
6 WHEREAS, Section 9 -1 -90 (c) of those Codified Ordinances of the DISTRICT
7 relating to Storm Water Management and Urban Runoff provides that "the DISTRICT
8 may, upon designation by any city within COUNTY , and at no cost to DISTRICT, be
9 named as an AUTHORIZED INSPECTOR for that city "; and
10 WHEREAS, similar agreements have been previously executed in the past five
11 years. Commencing in 2002, 29 cities have executed the WATER QUALITY ORDINANCE
12 IMPLEMENTATION AGREEMENT. Subsequently, after the initial three year term, these
13 agreements were extended for additional 3 years by AMENDMENT NO. ONE to the
14 original agreements. The terms of these agreements and their related amendment
15 will be expiring; and
16 WHEREAS, in furtherance of said program implementation, CITY now wishes to
17 contract with DISTRICT to serve as AUTHORIZED INSPECTOR pursuant to the CITY
18 ORDINANCE, and to pay DISTRICT for the full cost of providing those services; and
19 WHEREAS, DISTRICT is willing to provide such services to the extent allowed
20 by available staffing resources (See Section 1(g)and 2(a))and to accept payment
21 from CITY for the full cost of providing those services.
22
23 NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual covenants
24 and agreements contained in this AGREEMENT, agree as follows:
25
26 SECTION 1. DISTRICT RESPONSIBILITIES
27 Upon request from designated CITY representatives, DISTRICT, upon availability of
28 staffing resources, is authorized to:
29 (a) Act as AUTHORIZED INSPECTOR on behalf of CITY and shall investigate compliance
30 with, detect violations of, and /or take actions pursuant to the CITY ORDINANCE,
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Agreement No. D07 -100
1 generally including activities such as water pollution incident response,
2 clean -up and /or enforcement activities associated with the following:
3 (i) In response to specific pollutant releases originating from within CITY
4 limits;
5 (ii) In response to specific pollutant releases originating from within CITY
6 limits that are detected in DISTRICT facilities; and
7 (iii) In response to adverse findings of water quality monitoring that are
8 attributable to specific pollutants originating within CITY limits.
9 (b) Perform services in Section (a) of this AGREEMENT as set forth in the CITY
10 ORDINANCE and its accompanying Enforcement Consistency Guide;
11 (i) Notify designated CITY National Pollutant Discharge Elimination System
12 Permit representative of request for water pollution incident response,
13 clean -up and /or enforcement activities received from designated CITY
14 representatives and Departments;
15 (ii) Prepare annual list of investigations conducted on CITY's behalf for CITY
16 to submit in the Annual Program Effectiveness Assessment Report to the
17 Regional Water Quality Control Board(s);
18 (c) Upon written request by the CITY;
19 (i) Provide to CITY all incident reports and related documents prepared in
20 connection with DISTRICT'S performance under this AGREEMENT and make such
21 records available for inspection by authorized representatives of CITY
22 during normal business hours;
23 (ii) Utilize services of outside consultants and contractors to aid in the
24 investigation, cleanup and /or enforcement activities undertaken pursuant
25 to this AGREEMENT. If this is required, DISTRICT shall utilize
26 consultants and contractors hired by the CITY under the CITY'S standing
27 purchase order agreements;
28 (d) Invoice CITY within forty -five (45) days of the signing of this AGREEMENT by
29 the DISTRICT Director for the initial annual pollution response on -call fee
30 identified in Exhibit A, prorated for the balance of the fiscal year ending
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Agreement No. D07 -100
1 June 30 from the date of AGREEMENT signing. For subsequent billing years, by
2 June 30 of each year DISTRICT shall review and revise Exhibit A as necessary
3 based on the then current on -call labor rates, the number of cities contracting
4 with DISTRICT for water quality ordinance services and the latest land area and
5 population data as specified in the IMPLEMENTATION AGREEMENT. Thereafter,
6 DISTRICT shall invoice CITY within 60 days of the beginning of each fiscal year
7 (July 1) based on the revised Exhibit A.
8 (e) Invoice CITY on a monthly basis for all work performed by DISTRICT under this
9 AGREEMENT on behalf of CITY. DISTRICT will not invoice any `PERSON ", as
10 defined in CITY ORDINANCE, identified as causing or contributing to a violation
11 of said ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs
12 incurred by DISTRICT for labor, equipment and services. Said actual costs
13 include overhead (indirect costs such as tools, computers, etc.) and burden
14 (employee benefits).
15 (f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY,
16 its elected and appointed officials, officers, agents, employees and
17 contractors free and harmless from any claim, cause of action, or liability
18 whatsoever, based or asserted upon any act or omission of DISTRICT, its elected
19 and appointed officials, officers, agents, employees and contractors, for
20 property damage, bodily injury or death or any other element of damage of any
21 kind or nature, relating to or in any way connected with or arising from the
22 accomplishment of the services to be performed by DISTRICT under this
23 AGREEMENT, except as provided for in Sections 2 (h) and 2 (i) below.
24 (g) Nothing in this AGREEMENT shall be interpreted as an assumption by DISTRICT of
25 any obligations the CITY may have under law or applicable permits to implement
26 a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose
27 of authorizing DISTRICT personnel to act as AUTHORIZED INSPECTOR for the CITY.
28 This AGREEMENT creates no obligation to provide those services. AUTHORIZED
29 INSPECTOR services will be provided only to the extent permitted by DISTRICT
30 resources.
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Agreement No. D07 -100
1
2 SECTION 2. CITY RESPONSIBILITIES:
3 CITY shall:
4 (a) Identify, in writing, the designated CITY National Pollutant Discharge
5 Elimination System (NPDES) Permit and Authorized Inspector representatives that
6 will be responsible for water pollution incident response, clean -up and /or
7 enforcement activities when DISTRICT involvement is not requested, approved or
8 available. The designations shall include representative names, titles,
9 departments and business /after hours phone numbers;
10 (b) Designate in writing those CITY representatives authorized to submit service
11 requests to DISTRICT on behalf of CITY. Any request from Orange County Fire
12 Authority /CITY Fire Department and Orange County Sheriffs Department /CITY
13 Police Department shall represent CITY approval. The designations shall include
14 representative names, titles, departments and business /after hours phone
15 numbers;
16 (c) Meet periodically with DISTRICT to discuss the services being provided, review
17 individual cases, and ensure DISTRICT enforcement activities are consistent
18 with CITY ORDINANCE and accompanying Enforcement Consistency Guide;
19 (d) Provide in writing any requests for incident reports or related documents
20 prepared in connection with DISTRICT'S performance under this AGREEMENT
21 (Section 1 (c) i));
22 (e) Provide information in writing regarding any standing purchase order agreements
23 issued by CITY for employment by DISTRICT of outside consultants and
24 contractors (Section 1 (c) ii)). Information provided should include
25 contractor /consultant contact information, purchase order number and services
26 provided;
27 (f) Make payment to DISTRICT within thirty (30) days of receipt of annual pollution
28 response on -call fee as identified in Exhibit A or monthly invoice from
29 DISTRICT for work performed in accordance with this AGREEMENT and invoice any
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Agreement No. D07 -100
1 "PERSON ", as identified in CITY ORDINANCE, identified as being responsible for
2 violations of the water quality ordinance;
3 (g) Assume any and all liability for failure to approve needed work and
4 expenditures to respond to pollutant releases;
5 (h) CITY shall indemnify, defend with counsel approved by DISTRICT, and hold
6 DISTRICT, its elected and appointed officials, officers, agents, employees and
7 contractors, free and harmless from any claim, cause of action or liability
8 whatsoever, based or asserted upon any act or omission of CITY, its elected and
9 appointed officials, officers, agents, employees and contractors for property
10 damage, bodily injury or death or any other element of damage of any kind or
11 nature, specifically relating to or in any way connected with or arising from
12 the extent and /or adequacy of investigation, or clean -up of pollutants on
13 behalf of CITY, performed by, on behalf of, or under the supervision of
14 DISTRICT personnel, acting in good faith and with due diligence in fulfillment
15 of DISTRICT's responsibilities pursuant to this AGREEMENT; and
16 (i) Where CITY staff is providing pollution response duties hereinunder, CITY shall
17 indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its
18 elected and appointed officials, officers, agents, employees and contractors
19 free and harmless from any claim, cause of action, or liability whatsoever,
20 based or asserted upon any act of CITY, its elected and appointed officials,
21 officers, agents, employees and contractors, for property damage, bodily injury
22 or death or any other element of damage of any kind or nature, relating to or
23 in any way connected with or arising from the accomplishment of services
24 performed by CITY in implementing or enforcing CITY ORDINANCE to which DISTRICT
25 was not a party of.
26
27 SECTION 3. GENERAL PROVISIONS
28 (a) The initial term for this AGREEMENT is for a period of one (1) year commencing
29 with the date of the execution of this AGREEMENT (Initial Term). The term of
30 this AGREEMENT will automatically extend for an additional year at the end of
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Agreement No. D07 -100
1 the Initial Term of this AGREEMENT and each year thereafter unless either
2 party provides a written notice to other party no less than 6 months before
3 the expiration of the term of the AGREEMENT of its intent not to renew.
4 Nothing in this clause is to be interpreted, however, to limit the rights of
5 the party to terminate the AGREEMENT pursuant to the provisions of the
6 Termination Clause(Section 3 (b));
7 (b) Either party may terminate this AGREEMENT in advance of the termination date,
8 upon six (6) months written notice to the other party sent to the following
9 addresses:
10 DISTRICT:
11 Orange County Flood Control District
12 Attn: Director, Resources and Development Management Department
13 Post Office Box 4048
14 Santa Ana, California 92702 -4048
15
16
17 CITY:
18 City of Seal Beach
19 Attn: City Manager
20 Seal Beach
21 Seal Beach, California Seal Beach
22
23 Upon termination by either PARTY, DISTRICT shall inform the CITY of any ongoing
24 investigations prior to the termination date and return the prorated share of
25 any remaining annual pollution response on -call fees within forty -five (45)
26 days after the termination date for the fiscal year in which the termination
27 occurs. Upon termination it will be the responsibility of the CITY to complete
28 any water pollution incident response, clean -up and /or enforcement activities
29 associated with any ongoing investigations.
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Agreement No. D07 -100
1 (c) PARTIES agree to fully cooperate with and assist one another in all matters
2 pertaining to losses arising from costs not reimbursed by any "PERSON ", as
3 identified in CITY ORDINANCE, in performance of this AGREEMENT. If a claim is
4 made, or suit is brought against a PARTY to this AGREEMENT likely to be related
5 to the performance thereof, said PARTY shall immediately forward every claim,
6 demand, notice, summons or other process received by it to the other PARTY
7 hereto.
8 (d) If any part of this AGREEMENT is held, determined or adjudicated to be illegal,
9 void or unenforceable by a court of competent jurisdiction, the remainder of
10 this AGREEMENT shall be given effect to the fullest extent reasonably possible.
11 (e) No alteration or variation of the terms of this AGREEMENT shall be valid unless
12 made in writing and signed by the PARTIES hereto, and no oral understanding or
13 agreement not incorporated shall be binding on any of the PARTIES hereto.
14 (f) The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has
15 been duly authorized and executed and constitutes the legally binding
16 obligation of their respective organization or entity, enforceable in
17 accordance with its terms.
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Agreement No. D07 -100
1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
2 the dates opposite their respective signatures:
3 ORANGE COUNTY FLOOD CONTROL DISTRICT,
4 a bod corporate and politic,
5
7 Date: 2 ti d0 i 02
Pry
8 Director,
9 Resources & Development Management
10 Department
11
12 APPROVED AS TO FORM
13 COUNTY COUNSEL
14
15 /,
16 Date: 1/0 7 � By: 1 i
17 Deputy
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19
20
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Agreement No. D07 -100
1 CITY OF SEAL BEACH
2
3
4
5
6 Date: /0 " / _ 0 7 By:
7 Mayor
8
9
10
11 APPROVED AS TO FORM:
12
13
14
15 L 2
16 City Clerk City Attorney of Seal Beach
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Exhibit A
Water Quality Ordinance Implementation Agreement
Pollution Response Annual Fixed Cost Fee
FY 2007-2008*'**
Permittee Population' Area(sq.mi.)** Weighted Avenge Annual Fee"""
Share of Revenue(%) FY 2007-2008
AheorViejo ' i 4. 3 44 924 :,%:4i-:41::.e..4-241=-{1,,,,,xr }1'113503219 i. ` �S529 '
Anaheim x , =;",x342,4104 'p49;89W., iiSiiii 8299142308 $3946_nikii
Brea 39,560 11.98 1.368194047 $651
Buena Park 81,349 10.55 1.885897552 $897
Costa Mesa 277 4L , - 11134„`,, 15.83 , ,,.i~2:6990,14928.M. ,xw$7 283,_,,,,,,
Cypress 48,854 6.60 1.149972662 $547
Dana Point 36,669 6.43 0.960363539 $457
Fountain Valley 57,405 9.05 1.436523973 $683
Fullerton 136,428 22.32 3.467492139 $1,649
Garden Grove 171,765 17.92 3.695132965 $1,757
?m a€ -.,;`#.rx" x 7 ,, a Fa x..
Huntington*-@,ch ,` - s 201 000€° 26 64'x; `L 4:697457385-'x, r, . "$2 233 sa•s.
Irvine 193.785 65.98 7.182586244 $3,415
La Habra 61,789 7.36 1.389418324 $661
La Palma 16,081 1.80 0.353999756 $168
Laguna Beach 24,963 8.83 0.947017648 $450
Laguna Hills 33,225 6.64 0.923765991 $439
Laguna Niguel 66.178 14.79 1.942991759 $924
Laguna Woods 18,334 3.04 0.468649664 $223
Lake Forest 78,859 16.78 2.259721101 $1,074
Los Alamitos 12,004 2.01 0.308133779 $147
Mission Viejo 97,997 17.93 2.615675324 $1,244
Newport Beach ; , 83 361„i 24 64tts ';,,tx 284326713 #a..�r , it $1 352F,
Orange 137,801 25.78 3.71545714 $1,767
Placentia 51,236 6.62 1.186167191 $564
Rancho Santa Margarita 49,130 12.94 1.571540326 $747
San Clemente 66,280 17.68 2.134808822 $1,015
San Juan Capistrano 36,073 13.26 1.401432712 $666
Santa Ana 351,322 27.35 6.945240284 $3,302
Seal Beach 25,298 4.02 0.635155827 $302
Stanton 38,761 3.09 0.771036018 $367
Tustin 71,767 11.14 1.784452225 $848
Villa Park 6,218 2.08 0.228024677 $108
Westminster 92,408 10.05 2.014896247 $958
Yorba Linda 66,794 19.82 2.283266487 $1,086
County of Orange 120,174 175.55 13.32060061 $6,333
OCFCD 0 0.00 10 $4,755
TOTALS 3,073,336 683.310 100.00000 $47,546
*Source: State of California, Department of Finance,E-1 City/County Population Estimates with Annual
Percent Change January 1,2005 and 2006,Sacramento,Califomia May 2006. Available at:
htto://www.dotca.qov/HTMUDEMOGRAP/ReportsPapers/Estimates/E1/documents/E-1 table.xls
*"Source:RDMD-Geomatics. Area was calculated in miles using the dry land area figures and
subtracting areas in each jurisdiction for national forests,state parks,airports,landfills and military
installations as determined in the NPDES Implementation Agreement.
*** Annual Fee:is the District's on-call annual cost which is based the prior year's actual annual on-call staff
pay divided by Permittee share based on NPDES Implementation Agreement cost share irrespective of
the number of participating cities.
""The District shall review and revise Exhibit A as necessary on June 30th of each year the based on the
current on-call labor rates,the number of cities contracting with the DISTRICT for water quality ordinance
services and the latest land area and population data(see Agreement Section 1(d)).