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HomeMy WebLinkAboutMINUTES - 06171997 - C17 _ 077 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JUNE 17, 1997 SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE AN AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL & THE WATER CONSERVATION DISTRICT, THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT FOR ILLICIT DISCHARGE ELIMINATION PROGRAM INSPECTION SERVICES Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer to execute an Agreement between the Contra Costa County Flood Control and Water Conservation District, the Central Contra Costa Sanitary District and the West County Wastewater District for illicit discharge elimination program inspection services. II. Financiallmpact: There will be no impact to General Fund. Inspection services by the sanitary districts will be funded with stormwater utility fees collected by the Flood Control District on behalf of eleven---(11) participating municipalities. Continued on attachment: x SIGNATURE: %? y�Gtsr RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: S�u,�_ I'I . I q��_APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ELG:fp:sl g:\FLDCTL\NPDES\BO\POTWamen.wpd Orig.Div.: Public Works (CCCWP) Contact: Donald P. Freitas(510)313-2373 cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Collector t hereby cariffy that this is a true and correct co of Chief Engineer an action taken and entered on the minutes of the Board of Sup rvisors on the eaO,;hown. Accounting A17ES1�C. Engineering Services pHikPIATCHELOR.Clirk of the bdard Of Sjp6misom and County Administrator �, _� SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE AN AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL & THE WATER CONSERVATION DISTRICT, THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT FOR ILLICIT DISCHARGE ELIMINATION PROGRAM INSPECTION SERVICES Page -2- Ill. Reasons for Recommendations and Background: The San Francisco Bay and Central Valley Regional Water Quality Control Boards require municipalities in the Contra Costa Clean Water Program to conduct stormwater inspections at commercial and industrial facilities. These inspections are mandated by the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued to the municipalities. The inspections are intended to radically reduce or eliminate polluted runoff from commercial and industrial facilities. Eleven (11) municipalities have requested two (2) sanitary districts to conduct their stormwater inspections. This unique arrangement between municipalities and sanitary districts creates a comprehensive approach that will address polluted runoff from industries, commercial/retail businesses and residents. Sanitary district pretreatment inspectors will conduct inspections which will eliminate the need to create a new bureaucracy. This agreement authorizes the Flood Control District, on behalf of the municipalities, to receive inspection services from the sanitary districts. All inspection activities will be funded from stormwater utility assessment revenues collected for the municipalities. IV. Consequences of Negative Action: The San Francisco Bay and Central Valley Regional Water Quality Control Boards may find the municipalities in the Contra Costa Clean Water Program out of compliance with the Joint Municipal NPDES Stormwater Permit if inspections are not conducted. The Regional Boards have the authority to fine municipalities up to $10,000 per day and $10 per gallon of discharge for non-compliance with the permit. AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this 17th day of June 11997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following two (2) sanitary agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and. WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, May 29, 1997, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, eleven (11) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating.Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all three (3) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the two (2)Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational efforts shall be at the direction of the District, but inspections, investigations and educational efforts shall take place during the Agencies' normal working hours, as described in Appendix "A." Inspection Agreement, Final Version, May 29, 1997, Page 2 (c) To prepare inspection and investigation reports. (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. 0) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. Inspection Agreement, Final Version, May 29, 1997, Page 3 (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. Q) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will Inspection Agreement, Final Version, May 29, 1997, Page 4 be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or Inspection Agreement, Final Version, May 29, 1997, Page 5 expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: Mr. Donald P. Freitas, Program Manager (510) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (510) 229-7361 Inspection Agreement, Final Version, May 29, 1997, Page 6 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (510) 229-7361 If to WCWD, to: Michael D. Abramson, District Manager (510) 222-6700 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL ANp WATER CONSERVATION DISTRICT 01 By: Its: APPROVED AS TO FORM: By: G Z404 _. a,�, Attorney Inspection Agreement, Final Version, May 29, 1997, Page 7 17 Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: � Its: APPROVED4 r'R B : Attorney Dated: WEST COUNTY WASTEWATER DISTRICT c By.- Its: y:Its: District Manager APPROVE AS M: By: Atto ney Inspection Agreement, Final Version, May 29, 1997, Page 8 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, May 29, 1997, Page 9 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF LAFAYETTE This SECOND AMENDMENT, entered into on the 17thday of June , 1997, is between the City/Town of Lafayette , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 27 day of SP�rPmhPr , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge,Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this.reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative Second Amendment, Final Version, December 24, 1996, Page 1 proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against ail suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit W from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment,Final Version, December 24, 1996,-Page 2 CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CONTROL AND WATER Lafayette CONSERVATION DISTRICT By:_ �(� By: Chair, Board of Supervisors City own anager Steven Falk ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator City/Town Clerk By: 4 4D Depu By: Sue Jusaitis Recommended for Approval: Recomme a for Approval: J. Michael Walford Chief Engineer City/Town En ineer By: By: �1^y Tony Coe Form Approved: Form Approved: Victor J. Westman City/Town Attorney County Counsel By: By: � �{�( Charlie ILIYiiams Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-2 80-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 CERTIFIED AS A TRUE COPY CLERK OF CITY OF LAFAYETTE, LIF RNIA Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and . WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program(IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation,.Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. 0) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. Q) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 b 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By. Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version; December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELGsl g:\f1dct1\npdes\1DEAB.T12 12/24/96 17 RESOLUTION NO. 6-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON APPROVING A SECOND AMENDMENT TO STORM WATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON WHEREAS, the City of Clayton, hereinafter "CITY" , entered into a Storm Water Utility Area and Program Group Costs Payment Agreement, hereinafter "Agreement" , with the Contra Costa County Flood Control and Water Conservation District, hereinafter "DISTRICT" , as of November 3 , 1993 ; and WHEREAS, certain amendments to said Agreement have been requested by the DISTRICT and various revisions thereto have been deemed acceptable by the CITY and DISTRICT as well as other cities who are participating in such program. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Clayton that the City Manager is authorized for and on behalf of the CITY to execute the Second Amendment hereinabove referred to, a true and correct copy of which is attached hereto marked Exhibit "1" and made a part hereof . Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on March 4 , 1997, by 1 . the following vote: AYES: Council Members Laurence, Peterson, Pierce, Vice Mayor Littorno, Mayor Manning NOES : None ABSENT: None Mayo APPROVED AS TO FORM: MAURICE E. HU ET, Clayton City Attorne ATTEST: City Clerk I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Clayton at a regular meeting held on March 4 , 1997 . City Clerk 0646k:ph 2 . SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF CLAYTON This SECOND AMENDMENT, entered into on the 4th day of March 1997, is between the City/Town of Clayton , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 3rd day of November , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A" which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITYITOWN OF CONTROL AND WATER CLAYTON CONSERVATION DISTRICT A By: `1htA3ejC== By- -Chair, Board of Supervisors /Town Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator �IL• � City/Town Clerk By: Depu By: Recommended for Approval: Recommended for Approval: J. Michael Walford Chief Engineer Cit /Town E ineer By: By: r. Form Approved: Form Approved: Victor J. Westman Cit /Town A orney County Counsel \ By: By: Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-280-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 puuuc gooa is pest servea uy modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have.executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 El Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\f1dct1\npdes\IDEAB.T12 12/24/96 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION'DISTRICT AND THE CITY OF CONCORD This SECOND AMENDMENT, entered into on the 9th day of April, 1996 1997, is between the City of Concord, a municipal corporation of the State of California, hereinafter "CITY", and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter"DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement", Between DISTRICT AND CITY entered into on the 28th day of September, 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new-section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Page 2 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF CONCORD By: By: Chair, Board of Supervisors ETward R, James City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Mardie Traver By: LALA4w Deputy City Clerk Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford By: lAtl- Ar,�.L q Chief Engineer Alex Pasc al City Engineer By: Form A- roved: Form Approved: By: Victor J. Westman kichard Doyle County Counsel City Attorney By- Deputy Page 3 EXHIBIT "A" AGREEMENT FOR INSPECTION SERVICES AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa', the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. 0) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of.the following fiscal year IDEP during budget discussions, and timely approval of the Agencies'fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification.of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldctl\npdes\I DEAB.T12 12/24/96 COPY 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2 3 A Resolution Approving an Amendment to the Stormwater Utility Area and Program Group Costs Payment Agreement 4 Between Contra Costa County Flood Control and Water Conservation District (District) and the City of Concord 5 RESOLUTION NO, 96-43 6 7 WHEREAS, the City of Concord, in conjunction with the Contra Costa County Flood 8 Control and Water Conservation District and other governmental entities, has been required by the 9 Federal Government and the San Francisco Regional Water Quality Control Board to participate in 10 the development and implementation of a Joint Municipal National Pollutant Discharge Elimi- 11 nation System (NPDES) permit for stormwater discharge; and 12 WHEREAS, on June 9, 1992, the County authorized the participation of the City of 13 Concord in the preparation of a Joint Municipal NPDES permit; and 14 WHEREAS, on September 15, 1993, the San Francisco Regional Water Quality Control 15 Board issued a five-year Joint Municipal NPDES permit; and 16 WHEREAS, the Joint Municipal NPDES permit requires certain activities to be performed 17 jointly by the co-permittees; and 18 WHEREAS, in order to meet the requirements of the Joint Municipal NPDES permit, the 19 City must implement an Illicit Discharge Elimination Program (IDEP); and 20 WHEREAS, the District, on behalf of the City, will execute an agreement with Central 21 Contra Costa Sanitary District, Delta Diablo Sanitation District, and West County Wastewater 22 District for implementation of IDEP outlined in Appendix "A;" and 23 WHEREAS, the implementation of IDEP and enforcement activities are subject to the 24 direction of the City; and 25 WHEREAS, the City's prorated share of the costs for the IDEP shall be based on the 26 distribution shown in Appendix "B;" and 27 WHEREAS, annually by May 1, City and District will agree on IDEP activities and costs 28 to be accomplished during the subsequent year; and Res.No.96-43 I WHEREAS, an amendment to the Stormwater Utility Area and Program Group Costs 2 Payment Agreement between District and the City of Concord is needed to implement the IDEP 3 Inspection Program. 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 5 RESOLVE AS FOLLOWS: 6 Section 1. Authorize the City Manager to execute the amendment to the Agreement 7 subject to City Attorney approval. 8 Section 2. This resolution shall become effective immediately upon its passage and 9 adoption. 10 PASSED AND ADOPTED by the City Council of the City of Concord on April 9, 1996, 11 by the following vote: 12 AYES: Councilmembers - H.Allen, B.McManigal, M.Pastrick, M.Peterson, L.Rosas 13 NOES: Councilmembers - None 14 ABSTAIN: Councilmembers - None 15 ABSENT: Councilmembers - None 16 I HEREBY CERTIFY that the foregoing Resolution No. 96-43 was duly and regularly 17 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City 18 of Concord on April 9, 1996. 19 20 Lynnet Keihl, CMC City Clerk 21 22 By— 23 Mardie Traver Deputy City Clerk 24 25 APPROVED AS TO FORM: — 26 1 certify that this Is a true copy of C a document on file in thi7epputyy ' 27 C►e� r.�-k�� City AttorneiA SEAL City of Concord,Califomia 28 Res.No.9643 APPENDIX "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS,the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies'fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. 0) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICTs and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 APPENDIX "B" J' ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldctl\n pdes\I DEAB.T12 12/24/96 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND City of E1 Cerrito This SECOND AMENDMENT, entered into on the day of MarA , 1997, is between the City/Town of El Cerrito , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 20 day of September , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A" which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative Second Amendment, Final Version, December 24, 1996, Page 1 proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, . liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A" from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY/T - CONTROL AND WATER Ek 1,;L-3 CONSERVATION DISTRICT By: �� �� By: Chair, Board of Supervisors anager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator y/T�ati Clerk By: Deputy By: Recommended for Approval: Recommended for Approval: J. Michael Walford Chief Engineer Cityr--Fow°rrEngineer By: By: Form Approved: Form Approved: Victor J. Westman City/Town Attorney County Counsel By: Lid By: Deputy DPF/ELG/sj g:V.Anpdesyepa3.96 File: 010-280-000-000 050-080-003-002 02/15/96 rev.:12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND.THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service'areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident.' 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Raman 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELGsl g:\fldctl\npdes\IDEAB.T12 12/24/96 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CI^lY. OF WALNUT CREEK This SECOND AMENDMENT, entered into on the 17th day of June 1997, is between the City/Town of WALNUT CREEK , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 4 th day of October , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows.- 15. ollows:15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit "A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE' ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CONTROL AND WATER WALNUT CREEK CONSERVATION DISTRICT By: U IAM/Z.k. By: Chair, Board of Supervisors / nvA - City/Town Manager . ARLENE HILDEBRAND- ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of / Supervisors and County Administrator Cit /Town Clerk By: BARBARA M. RIVARA Deputy By: Recommended for Approval: Recomm d r Approval: J. Michael Walford Chief Engineer City/Tngineer F. J. ENNEDY B : By: Form Approved: Form Approved: Victor J. Westman City/Town Attorney County Counsel THOMAS H s s By: / Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-2 80-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 s + EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the,Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and . WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan, and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes; activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 I WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 1 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall. also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts. to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 • r (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies.ncies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Fina!Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP.and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will, be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' .Compensation and Employers' _Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement; 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation s ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldctl\npdes\I DEAB.T12 12/24/96 �- 1? SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF SAN RAMON This SECOND AMENDMENT, entered into on the 17th day of June , 1997, is between the City/Town of San Ramon , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "Agreement," Between DISTRICT and CITY entered into on the 14th day of September , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit "A" which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY/ OF CONTROL AND WATER �J CONSERVATION DISTRICT �J By: Wy�&- By: Chair, Board of Supervisors CityM ger ATTEST: ATT ST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator �.Gj- ' • Cit Jerk By: Deputy By: Recommended for Approval: Recommended for Approval: J. Michael Walford Soca e, L. "k udc,, Chief Engineer City/T -Engineer By: By: �7 Form Approved: Form Approved: Victor J. Westman City/T -Attorney . County Counsel P'► By: �A By: In Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-280-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation 01/06/97 MON 12:55 FAX. 510 313 2301 Contra Costa Clean H2O 002 ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL - 2,143 452 $240,680 ELG�sI gaflda111npde3WEAB.T12 12124/96 BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA In the Matter of Adopting Second ) Amendment to the Stormwater Utility ) Area and Program Group Costs ) Payment Agreement Between Contra ) RESOLUTION NO. 112-97 Costa County Flood Control & ) Water Conservation District and ) City of Pinole ) WHEREAS, it is deemed in the best interests of the public to establish an Illicit Discharge Elimination Program (IDEP) to control discharges to the city's storm drainage collection system, and WHEREAS, a program has been established by the Contra Costa Clean Water staff which will allow the work to be performed in Pinole by the West County Wastewater District. NOW, THEREFORE, BE IT RESOLVED,by the Pinole City Council that an agreement be authorized with the Contra Costa County Flood Control and Water Conservation District establishing means for administering the IDEP program. BE IT FURTHER RESOLVED that the city manager is authorized to execute the - agreement on behalf of the City of Pinole. PASSED AND ADOPTED this 4th day of March, 1997 by the following vote: AYES: COUNCILMEMBERS: Boyle, Alegria, Bradshaw, Murray NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Horton ABSTAIN: COUNCILMEMBERS: None 4AG. J LL DEPUTY CITY CLERK M:`LIWACTR ESOIUTN 99 TRM.NfRAGM Second*Amendment to Stormwater Utility Area and Program Group Costs Payment Agreement Between Contra Costa County Flood Control and Water Conservation District and City of Pinole This SECOND AMENDMENT, entered into on the 17th day of June 1997, is between the City of Pinole, a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "Agreement," Between DISTRICT and CITY entered into on the 7th day of September, 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter agencies for implementation of IDEP outlined in Exhibit "A" which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT's active negligence, willful misconduct or vehicle accident. M.W POESU WNOEPAGW AMO CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY'S, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit "A" from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY's active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. M:WPDES\l99 DEPAGMTAMD Contra Costa County Flood Control City of Pinole and Water Conservation District Donald Bradley, City Manager By: - -- By: �G (. Z52222& Chair, Board of Supervisors Attest: Attest: Phil Batchelor, Clerk of the Board of Dawn G.Jarrell, Deputy City Clerk Supervisors and County Administrator By: Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford, Chief E ' eer G. K,e�ithhFFreeman, ty Epineer V— L� BY: YB : ^^ Form Approved: Form Approved: Victor J. Westman, County Counsel) David J. Levy, City ttorney By: ,�tA� � ' `�cd`&f,//,d/' By; Deputy M:WPDESkIW9 DEPAGMTAMD EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution . through illicit discharge identification and elimination; and . WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (1DEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To"recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies'fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated . authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. Q) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no.less frequently than quarterly. District will pay such invoices,within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time, spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly'minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their,approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' _Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By.- Its: y:Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 Y I . APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Finai Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation Y ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 .38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldctl\npdes\I DEAB.T12 12/24/96 r/ r RESOLUTION NO. 55-96 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF MARTINEZ WHEREAS, the City of Martinez (City) , in conjunction with the Contra Costa County Flood Control and Water Conservation District (District) , and other governmental agencies has been required by the Federal Government and the San Francisco Bay Regional Water Quality Control Board to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on June 9, 1992 , the District authorized the participation of the City of Martinez in the preparation of a Joint Municipal NPDES permit; and WHEREAS, on September 15, 1993, the San Francisco Bay Regional Water Quality Control Board issued a five-year Joint Municipal NPDES permit; and WHEREAS, the Joint Municipal NPDES permit requires certain activities to be jointly performed jointly by the co-permittee; and WHEREAS, on December 14, 1993 , the City of Martinez and the District entered into a Stormwater Utility Area and Program Group Costs Payment Agreement for the implementation of the Joint Municipal NPDES permit; and WHEREAS, in order to meet the requirements of the Joint Municipal NPDES permit, the City must implement an Illicit Discharge Elimination Program (IDEP) ; and WHEREAS, the City must amend the Stormwater Utility Area and Program Group Costs Payment Agreement to allow the District, on behalf of the City, to execute an agreement with Central Contra Costa Sanitary District, and West County Wastewater District for implementation of IDEP outlined in Exhibit "A" ; and WHEREAS, the implementation of IDEP and enforcement activities are subject to the direction of the City; and WHEREAS, the City's prorated share of the costs for the IDEP shall be based on the distribution shown in Exhibit "B" ; and WHEREAS, annually by May 1, City and District will agree on IDEP services and costs to be accomplished during the subsequent year. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Martinez does hereby authorize the City Manager to execute the 11 amendment to the Stormwater Utility Area and Program Group Costs Payment Agreement subject to the final approval of the City Attorney. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the 15th day of April, 1996, by the following vote: AYES: Councilmembers Burt, Farley, Vice Mayor Frazer and Mayor Menesini NOES: None ABSENT: Councilmember Woodburn GUS S. KRAMER, CITY CLERK ZDe �niKeeganuty City Clerk Pro Tem City of Martinez . I . v SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF MARTINEZ This SECOND AMENDMENT, entered into on the 17thday of June , 1997, is between the City/Town of MARTINEZ , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, ;.hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement,"Between DISTRICT and CITY entered into on the 14th day of December , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows:. The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirementsof the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subjectto direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT,the Agreementshall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY OF CONTROL AND WATER MARTINEZ CONSERVATION DISTRICT By: VAA By: Chair, Board of Supervisors City Manage ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator OILS City ler By: Depu By: Recommended for Approval: Recommended for Approval: J. Michael Walford Marcia Raines Chief Engineer Community Development Director By By:� Form Appr ed: Form Approved: Victor J. Westman City Attorney County Counsel By: By: 1441 Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-280-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and . WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of .the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the.Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. Q) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5, Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are.not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend. and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation 1 ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ElGsl g:\fldctl\npdes\I DEAB.T12 12/24/96 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TOWN OF MORAGA This SECOND AMENDMENT, entered into on the 17th day of June , 1997, is between the Mown of ,Moraga_ a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter "Agreement," Between DISTRICT and CITY entered into on the 22nd day of December , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit "A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CONTROL AND WATER A-" CONSERVATION DISTRICT Q n By:i')M'jjqc-- By: Chair, Board of Supervisors City/Town Manager AT-TEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator A aoZ- L.4 C-fi/Town Clerk D P(,;,-Y By: cP Deputy By: Recommended for Approval: Recommended for Approval: n J. Michael Walford Chief Engineer City/Town Engin By: By: Form Approved: Form Ap ro d: Victor J. Westman City/T n Attor County Counsel By: By: -44a-ZaL Deputy DPF/ELG/sj g:1...\npdes\jepa3.96 - File: 010-280-000-000 050-080-003-002 02/15/96 rev.: 12/24/96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and . WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP.. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. (j) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies'fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent'legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized.to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written.notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa SanitaryDistrict 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 e San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldctl\npdes\IDEAB.T12 12/24/96 SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF ORINDA This SECOND AMENDMENT, entered into on the zZq__ day of M. 1997, is between the Citylifium of Orinda , a municipal corporation of the State of California, hereinafter "CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 28th day of1,;Ppt mom, 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of 'any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CITY OF CONTROL AND WATER Orinda CONSERVATION DISTRICT By: Chair, Board of Supervisors Sarge Littleha e, Mayor ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Ma Ilsworth, City Clerk By: Bye' Deputy Recommended for Approval: Recommended for Approval: J. Michael Walford John Lisenko Chief Engineer Pu r sre r I ' eer B B : Form Approved: rm Approved: Victor J. Westman Linda Roodhouse County Counsel / City Attorney By: _ 4�/p —l/�A�d�6��Lt� B Deputy DPF/ELG/sj g:\...\npdes\jepa3.96 File: 010-280-000-000 050-080-003-002t ?Y 02/15/96 rev.: 12/24/96 (-IV7 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. Q) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost.of the District. (k) To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if.any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 8 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELG:sl g:\fldcV\n pdesU DEAB.T12 12/24/96 � 17 RESOLUTION NO. 28-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING PARTICIPATION IN STORMWATER POLLUTION MANAGEMENT UTILITY, GROUP INSPECTION PROGRAM AND AUTHORIZING THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 1996/97 FEE FOR PLEASANT HILL'S STORMWATER UTILITY AREA WHEREAS,the Federal Water Pollution Control Act requires that stormwater discharges are to be regulated in urbanized areas by a National Pollution Discharge Elimination System (NPDES) permit; and WHEREAS, in 1993 the City of Pleasant Hill applied for and received an NPDES permit which requires the implementation of its Stormwater Management Plan to minimize pollutants from entering stormwaters; and WHEREAS, in 1993 the Contra Costa Flood Control and Water Conservation District established a stormwater utility area at the request of the City of Pleasant Hill to provide funds to implement requirements of the NPDES permit; and WHEREAS, the City is required to annually renew its participation in the Stormwater Pollution Utility District and authorize the Contra Costa Flood Control and Water Conservation District to set the rate for the Pleasant Hill Stormwater Utility Area; and WHEREAS, the rate is the fee for one Equivalent Runoff Unit (ERU); and WHEREAS,the City desires to utilize regional sanitary districts under contract with the Contra Costa Flood Control and Water Conservation District to implement an inspection program to monitor and prevent illicit discharges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that it desires to continue participation in the Stormwater Utility District and determines that the rate to be assigned to a single ERU for Fiscal Year 1996/97 shall be set at $25.50. BE IT FURTHER RESOLVED that the City Council authorizes the Contra Costa Flood Control and Water Conservation District to adopt Stormwater Utility fees on behalf of the City of Pleasant Hill. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute an amended cost payment agreement to allow the Contra Costa County Flood Control and Water Conservation District to contract with regional Sanitary Districts to provide illicit discharge elimination inspection services on behalf of the City of Pleasant Hill. Resolution No. 28-96 Page 2 BE IT FURTHER RESOLVED that the City of Pleasant Hill shall continue to participate in the implementation of the permitted Stormwater Pollution Control Program and agrees to provide support and to share costs associated with the implementation of group activities. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 15th day of Apr i 1 , 1996 by the following vote: AYES: Brandt, Escover, Mace, Williamson, Cooper NOES: None ABSENT: None PAUL L. COOPER, Mayor ATTEST: DORIS P. NILSEN, City Clerk APPROVED AS TO FORM: DEBRA S. MAR IS, City Attorney SECOND AMENDMENT TO STORMWATER UTILITY AREA AND PROGRAM GROUP COSTS PAYMENT AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PLEASANT HILL This SECOND AMENDMENT, entered into on the 4th day of February , 1997, is between the CityfFewrt of Pleasant Hill , a municipal corporation of the State of California, hereinafter"CITY," and Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic, hereinafter "DISTRICT." This SECOND AMENDMENT amends the Stormwater Utility Area Program Group Cost Payment Agreement, hereinafter"Agreement," Between DISTRICT and CITY entered into on the 14th day of December , 1993. Section 8 of the Agreement was amended on November 16, 1994. The parties to this SECOND AMENDMENT mutually agree and promise as follows: The Agreement is amended by adding a new section 15 to read as follows: 15. ILLICIT DISCHARGE ELIMINATION PROGRAM: CITY, in order to meet the requirements of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges, must implement an Illicit Discharge Elimination Program (IDEP). DISTRICT, on behalf of CITY, will execute an agreement with Central Contra Costa Sanitary District, Delta Diablo Sanitation District and West County Wastewater District, collectively hereinafter AGENCIES for implementation of IDEP outlined in Exhibit"A"which is incorporated here by this reference. Implementation of IDEP and enforcement activities is subject to direction of CITY. CITY's prorated share of the budget for the IDEP shall be based on the distribution shown in Exhibit "B" which is incorporated hereby this reference. Annually by May 1, CITY and DISTRICT will agree on IDEP activities and budget to be accomplished during the subsequent year without further amendment of the Agreement or the Amendments thereto. The Agreement is amended by adding a new section 16 to read as follows: 16. INDEMNIFICATION FOR ILLICIT DISCHARGE ELIMINATION PROGRAM: DISTRICT shall for its jurisdictional area, indemnify, defend and hold harmless the CITY and AGENCIES, and each of them, and their respective officers, directors, Second Amendment, Final Version, December 24, 1996, Page 1 agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the DISTRICT'S active negligence, willful misconduct or vehicle accident. CITY shall for its jurisdictional area, indemnify, defend and hold harmless the DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses of any nature arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance under this Agreement, except for the DISTRICT's and AGENCIES' collective and individual active negligence, willful misconduct, or vehicle accident. DISTRICT shall obtain written agreement in Exhibit"A"from each of the AGENCIES specifying each AGENCY will indemnify, defend and hold harmless CITY and DISTRICT for such AGENCY'S active negligence, willful misconduct or vehicle accident. The Agreement is amended by adding a new section 17 to read as follows: 17. This agreement is the entire agreement between the parties on the subject matter of this agreement and can be amended only as provided herein. Except as expressly modified by this SECOND AMENDMENT, the Agreement shall remain in full force and effect. Second Amendment, Final Version, December 24, 1996, Page 2 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CITY OF PLEASANT HILL CONSERVATION DISTRICT By: By: Chair, Board of Supervisors Jose M. Tanner, City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator City Clerk By, C'V4- 0-0.D � Deputy By:/' Doris P. Nilsen Recommended for Approval: Recommended for Approval: J. Michael Walford Cit Engineer Chief Engineer By: By ary Wong Form Approved: Form Approved: Victor J. Westman City Attorney County Counsel By: Debra S. Margo-ds Deputy OPHELG/si g:l.Anpdesyepa3.96 File: 010-280-000-000 050-080-003-002 02/15/96 ;ev.: ?2X4.96 Second Amendment, Final Version, December 24, 1996, Page 3 EXHIBIT "A" Agreement for Inspection Services AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and . Inspection Agreement, Final Version, December 24, 1996, Page 1 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek(Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the IDEP to the District. (b) To perform scheduled and other inspections and investigations of commercial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. Q) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) . To provide quarterly IDEP activity reports to the District. (1) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal.year IDEP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h) To make timely payments to the Agencies pursuant to billings for IDEP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. (j) To timely notify Participating Municipalities of issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and.budget summary reports to Participating Municipalities through the Program. 6. Communications_ between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To ,further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individual IDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement., 9. indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Normal Multiplier Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 EXHIBIT "B" Cost Allocation ILLICIT DISCHARGE ELIMINATION PROGRAM FIRST YEAR COST ALLOCATION MUNICIPALITY HOURS INSPECTIONS COST Clayton 37 8 $4,205 Concord 565 119 63,475 EI Cerrito 116 24 13,018 Lafayette 120 25 13,463 Martinez 162 34 18,153 Moraga 81 17 9,097 Orinda 84 18 9,461 Pinole 89 19 9,986 Pittsburg 242 51 27,169 Pleasant Hill 160 34 17,991 San Ramon 179 38 20,094 Walnut Creek 308 65 34,568 TOTAL 2,143 452 $240,680 ELGsl g:\fldctl\npdes\I DEAB.T12 12/24/96