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HomeMy WebLinkAboutMINUTES - 06062000 - C16-C21 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works D3eparnrrent Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 6,2000 by the following vote. AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCLAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/285 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANT OR ,A Offer of Dedication LP982018 Marr R. Howe and North Richmond For Roadway Purposes (6th Street and Susan P. Howe,husband Grove Avenue) and wife, as joint tenants I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: -TUNE b, 2000 .kwPHIL BATCHELOR,Clerkof oaroSupervisors and G:1otpI7ata1Eng5vc�8{)i20fi01$CY 6-06-OO,doc f the Board S ulttrvi County Administrator Originator: Public Works(ES) Contact: Rich Lierly(313-2348) BY ` Deputy ce. Recorder(via Clerk ofthe Board)then PW Records Current Planning,Community Development Mark R.and Susan P.Howe 801 Chesley Avow,Richmond,CA 54801-2135 1111 III 11111111111 I I I 1 111111111111111111111111111 Contra Costa County Recordedttherequestot: CONTRA COSTA Cc Recorder Office Public Works Department STEPHEN L. WEIR Clerk-Recorder EngReturn Services Division DOC— 200b-0116774-00 Return to: �J Public works Deparunent W, JUN 107, 2000 00:50:48 Engineering Services Division Records Section FRE 40'� Tt 1 Pel $0.00 Nbr-0890005773 Area: North Richmond Road: 6th Street and Grove Avenue Co.Road No.: 0565 AC and 0565 H Development No,: LP 2018-98 APN: 409-131-019 OFFER OF_DEDICATION-ROAD PURPOSES I, Mark R. Bowe and Susan P. Howe,the undersigned,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Contra Costa County, a political subdivision of the State of California, and its successors or assigns, for street, highway landscaping and other related purposes including maintenance thereof, the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit"B"(plat map) attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on v C/r Mark R. Howe and Susan P. Howe, husband and wife, as Joint Tenants L,($tgutun) �''.._.e W..' Mark R..Howe � l Susan P. Howe (See attached notary) 7AH:mw GAGspData\&gSvc\Jorgtt199910ctobttl Y 2018-98.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofG =F e` 9L�C �d�` OPTIONAL SECTION County of S,ll. C" CAPACITY CLAIMED BY SIGNER On /f before the j / � t Though statute does not require the Notary to tilt In Ta TITLE OF � gR •mNE DOFJOTARY PUBLICthe data below,doing so may prove invaluable to personally appeared-J&4.✓l f '7�L �.5tz-/7 y persons relying an tate docr�ment ' NAWS)OF SIONWS) ❑ INDIVIDUAL ❑ personally known to me-ORprovided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are 'nes(s) ` subscribed to the within instrument and acknowledged to me that heoWw they executed -r the same in kiso4w/their authorized ❑ PARTNER(S) ❑ LIMITED `� PC^r !'''A CATIZOA VA71-t.,. capaci res ❑ GENERAL and that h hivImT/their Cl ATTORNEY-IN-FACT t l ` Commiston*103771/4 tY( ) Y s$ E No+oN public—ColitorrtlCt signature(a)on the instrument the person(s)or ❑ TRUSTEE(S) the entity upon behalf of which the person(s) � < Conito Como count' acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR ►� 'IJu C a nm E<'Plfes NOV 5.1997 ❑ OTHER: my hand d official sea 4 SIGNER IS REPRESENTING, (NAME OF FEMOtN(s)OR i�mrY(w)) / SIGNAMM OF NOTARY OPTIONAL SECTION rTHI MUST BE ATTACHED Title or Type of Document MIENT AT RIGHT. Number of Pages Though the data below is not required by'law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form _ INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. EQR ALL§IQVAI= -The name and interest of the signer should be typed or printed ElEhMAM the signature. The name must be signed exactly as it is typed or printed. II. -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be Stated. IIT. S-Signing party must be either a general partner or be authorized in writing to have e authority to sign for an in a partnership. IV. Documents should a signed by two officers,one from each of the following two groups: GROUP 1. NR* The Chair of the Board ThePresident Any Vice-President GROUP 2. a The Secretary An Assistant Secretly c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copyof a resolution of the i Board of Directors authorizing the person signing the instrument to execute instruments of the type in question s required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors," > O +n�FacmtiwORrt FORWAi.t.KtRF=NOTARYAw ES-Land Use Permit 201898 EXHIBIT"All DESCRIPTION RETURN AT GROVE Avenue&6'STREET Real property in the County of Contra Costa, State of California described as follows. Being a portion of Lot 14,Block 60 shown on the map entitled""North Richmond Land and Ferry Co., Tract No. 2",recorded September 19, 1911 in Book 5 of Maps at Page 124 in the Office of the County Recorder, described as follows: Beginning at the intersection of the north line of Grove Avenue(Park Avenue) and the east line of 6" Street( Second Street),thence from said point of beginning northerly along the east line of 6`" Street(Second Street)North 00°01'00" West 20.00 Feet(6.10 Meters)to a point of cusp,thence southerly along the arc of a concave curve to the left,tangent to said east line, having a radius of 20.00 Feet(6.10 Meters), a central angle of 90°00'00", an arc distance of 31.42 Feet(9.58 Meters)to the north line of Grove Avenue(Park Avenue); thence tangent to said last mentioned curve South 89°59'00" West 20.00 Feet(6.10 Meters)to the point of beginning. Basis of Bearings north, of Chesley Avenue(Road No. 25)shown on the map of"North Richmond Land and Ferry Co., Tract No. 2" , as South 89'59'40" West. 'v 40 e`A _ � n Robert Trockey L.S. 3050 Exp. 06/30100 t �F C�%A EXHIBIT "BOO 28.t5 i 25.0 i5,� i 25.0 i 25,0 25.0 i 25.0 i NORM RICO MOND;L A ND IANLS FOR r �O, TRAgT NO.? RECPRDEDI SEPT. 19,!911 5 M424 14 ! 13 i 12 11 71 i 10 i 9 i B BL O� K 66 r I R=20Q 90 00+ I i i i uli i L=3142 (9.58,m) Cc i 25.0 i 25.0 i 25.0 i 25.0 i 25.0 i 25.0 i N89°59'00"E' P.O.B. 20.00 (6.10m) DROVE A VENUE (PARK A VENUE) GROVE AVENUE & 6TH STREET DEDICATION } 20 40 100 !0 30 50 SCALE: 1 40' PARCEL MAP PREPARED BY: A►�iIGC) BAS PROJECT ROBERT C. 'TRt3CKEY` 2018-98 LAND PLANNER, SURVEYOR, CIVIL ENGINEER L.U.P. 5408 HEAVENLY RIDGE LN., EL SOBRANTE, CONTRA COSTA COUNTY, CALIFORNIA CA. 94803-2667 * 510 232-8737 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA Adopted this Order on June 6, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCLAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/286 SUBJECT: Approval of Road Improvement Agreement for Chesley Avenue, 7th Street, Grove Avenue, 6th Street and Market Avenue, Land Use Permit 982018, North Richmond area. The following document was presented for Board approval this date for,property located in the North Richmond area. A Road Improvement Agreement with Mark R. Howe and Susan P. Howe, developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of curb, sidewalk, and pavement widening for Land Use Permit 982018 frontage improvements. Said document was accompanied by the following. Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,300.00 Deposit made by: MSH Management, Tax ID #549-27-5172 Auditor's Deposit Permit No. and Date: 345309, dated February 15, 2000 II. Surety Bond Bond Company: Colonial American Casualty and Surety Company Bond Number and Date: 08170069, dated September 2, 1999 Performance Amount: $131,300.00 Labor&Materials Amount: $131,300.00 Principal: Amigo Bag &Lining Company NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. :kw I hereby certify that this is a true and correct copy of an action taken and entered on G:1GrpDatatEngSvc\BO\2000\BO 6-06-00.doe the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Pubic Works- R,Bruno,Cons=tion � � Current Planning,Community Development ATTESTED: UNE 1 T-5!6/2001(Pi) PHIL BATCHELOR,Clerk of the Board of supervisors and County Administrator Mark and Susan Howe 801 Chesley Ave.,Richmond CA 94801-2135 Colonial American Casualty and Surety Company 33 Rock Hill Road,Bala Cynwyd,PA 19004 ByP,�� Deputy tang rff'RO"4 uh�E1V`I`AC#�,E.T�MENT Developer: � Effective Date: ,+tea"Hz� itri V y Development: Land Use Permit 98-2018 Completion Period: 1 year Road: Chesley Avenue,V Street,Grove Avenue,6t°Street,and Market Avenue THESE SIGNATURES ATTEST TO THE PAR'T'IES'AGREEMENT HERETO: QQNMA COSTA COt,JM Mid.OP R ,ubiic Works Director Amiga Box and Lining Gempalty 1Y _.,, By: Mark Howe,President A DMI AL By: oloolr gineering Services Division EM APP : Victor 1,Westman,County Counsel (NOTE: Ail signaum to be aclmawled$ed. 1f Subdivider is incorporated,ssgruturas must conform with the designated representative groups pursuant to Corporations Code 5313) 1. PANTIES&2ATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Quntv."and the above-mentioned r?evelovt:r,mutually promise and agree as follows concerning this development: 2. IMMEBQV`ME SITS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,sheet lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. Por PzjQn==Ud Quarntee, S 1,360.00 cash,plus additional security,in the amount of S.131,300.00 which together total one hundred percent(100°x6)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. _ X _Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 15 it am 60 nxa 1tX B. 1~or Prv=nt: Security in the amount of S 66,900.00;which is 44*percent(A")of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4,406 and S94-4.468 of the Ordinance Code. 4. C3�IEE AND WARRANTY OP'WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 'x. ti CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofT A OPTIONAL SECTION County ofCAPACITY CLAIMED BY SIGNER On before me, 46LVI i P" tC. Though statute does not require the Notary to fill 'DAIE NAME,TITLE OFVFFICER EG.,"JANE DOE, OTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared may*_ to persons relying on the document. NAME(S)of SIGNER(i) INDIVIDUAL personally known to me-OR-V provided to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and o acknowledged to me that he/she/they executed PARTNERS) LIMITED ANIOCI&LPGARCIA-VAZQUEZ the same in his/her/their authorized GENERAL LCOrnrrtlsslon# 1242964 capacity(ies),and that by his/her/their ATTORNEY-IN-FACT lip Notc ry PU _COIF signature(s)on the instrument the person(s)or TRUSTEE(S) IMP Contra Costa County .. the entity upon behalf of which the person(s) GUARDIAN/CONSERVATOR MYC rM80W P*N22.Z03 acted,executed the instrument. OTHER: Wl band an official seal, SIGNER IS REPRESENTING: {NAME OF PERSON(5)OR ErnM(IE5)) SIGNATURE OF OPTIONAL SECTION THIS CERTIFICATE.MUST HE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INcS T,.O NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. -The name and interest of the signer should be typed or printed DENEAM the signature. The name must be signed exactly as it is typed or printed. II. _The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQNAI=S FOR E44= S-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and binda partnership. IV, Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Nahair of the Board (b The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secreta c The Chief Financial ll facer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person si g the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will ,Is Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." IC:mw xcv MW 3,1949 Bond: #08170069 Premium: $2,363.O0 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499 -65499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along 601 Chesley Avenue Richmond, CA and to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Amigo Bag & Lining Company , as Principal, and Colonial American Casualty and Surety Company, a corporation organized existing under the laws of the State of . Maryland , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: One Hundred Thirty-tine Thousand, Three Hundred Dollars ($ 131,300.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. payment. one Hundred Thirty-ane Thousand, 'Three Hundred Dollars ($ 131,300.00 to secure the claims to which reference is made in Title 15 33 et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal, his or its heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 33 Power of Attomey COLONIAL AMERICAN CASUALTY AND SURETY COMPANY MONS OFMCF.,P.O.BOX 1W,M70400A ND M203.1W Know ALL MEN BY THESE PRESENTS:That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,by W.B.WALBR.ECHER,Vire-President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof„does hereby nominate, constitute and appoint Dennis J. Woodard, of San Francisco, California, its true and lawful agent and Attorney-in-Fara, to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and ail bands and undertakings EXCEPT bonds on behalf of Independent Executors,Community Survivors and Commumity Guardians;and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their own propK persons. The said Assistant Secretary does hereby certify that the extract set forth erre side a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Se ve here bed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND'SURETY COMPANY, day of J D.1948. ATTEST: COLONIAL AMERICAN LTY A TY COMPANY „ T E.Smith A Secretar7l W.B. Walbrecher Vice-President State of Maryland ss: t�, � Courity0fBaltimore3 0 On this 26th day of January,A.D. 1948, a subscri otary Public of the State of Maryland,duly commissioned and qualified,came W.B. WALBRECHER,Vice-President and T. E. Assis of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me personally known to be the individuals and offic descri who executed the preceding instrument,and they each acknowledged the execution of the same,and being try me duly sworn,severally and each for f deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Skil,o 'd Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto d and affixed my Official Seal the day and year first above written. y r arol J.F r Notary Public M Ca sion Expires: August 1,2000 CER'TIFICAT'E 1,the undersigned,Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May,1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this grid day of September 1999 Assistant Secretary L 142M I6-B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa ss. On September-!, 1999 before me, Dianne B. Ernst, Notary Public , Date None and Tide of of er(e.g.,`Jana Doe,Notary public") personally appeared Dennis J. Woodard , Nam**)a Signer(s) X personally known to me 13 proved to me on the basis of satisfactory evidence to be the person whose name(s) islaW subscribed to the within instrument and acknowledged to me that he/sAeAhey executed the same in his/bert #& authorized capacity(ies), and that by his/be#t�n ft- " ��"�' si nature on the instrument theperson(s), or CStfyNNE B.BtNSf g ' Commiulon# 122M the entity upon behalf of which the person'` Notofy Public-Coiikonio acted, executed the instrument. Contra Costo County MyCcxnm.60e A418,Zt703 WITNESS my hand and official seal. Place Notary Seat Above Sig*tune of Notary public OPTIONAL Though the Information below is not required by law,It may prove valuable to persons rallying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document _Improvement Security Bond #08170069 Ammo Bag & Lining Co. Document Date: September 2, 1999 Number of Pages: 2 Signer(s)Other Than Named Above: NA i Capacity(les) Claimed by Signer Signer's Name: Dennis I- Woodard d Individual Top of thumb here i El Corporate Officer—Tdle(s): 0 Partner--©limited 0 General 12 Attorney In Fact 0 Trustee © Guardian or Conservator Ci Other: Signer Is Representing: Colonial American Casualty and Surety Company C 1997 National Notary Association•BW De Soto Are.,RO.Box 3402 w Gtatewoft CA 9131"402 prod.No.59DT Reorder:call Toll-Free 140"76-8827 Celt TCS: BOARD OF SUPERVISORS, AS GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER GATE: JUNE 6, 2000 SUBJECT: AUTHORIZE THE CHIEF ENGINEER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC. FOR THE MARSH CREEK CHANNEL IMPROVEMENTS PROJECT IN THE AMOUNT OF $40,000.00, PROJECT NO. 7590-6D8466-00, BRENTWOOD AREA Specific Request(s3 or ecommen a on s)&Backgrouna a justification la Recommended Action: AUTHORIZE the Chief Engineer to execute a Consulting Services Agreement with Harris and Associates, Inc. for the Marsh Creek Channel Improvements project in the amount of$40,000.00. 11. Financiallmpact: There will be no impact on the County General Fund. The Consulting Services Agreement is for $40,000.00 and shall be paid for by a City of Brentwood Loan (100%) to be repaid by drainage fees collected on new development from Drainage Areas 104, 105, 106, 107, and 108. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: DUNE-Fy200C) APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS hereby certify s s a true and correct X UNANIMOUS {ABSENT NONE) I h � that this icopy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. Contact: Mike Carlson,(925)313-2321 ATTESTED: JUNE 6, 2000 Orig,Div.: PW(Constr) PHIL BATCHELOR Clerk of the Board of Supervisors and cc: Auditor-Controller ' p E.Kuevor,CAO County Administrator R.Bruno,Construction R.Gilchrist,Accounting Consultant �} By '`�` , Deputy MC:kj G:\G RPDATA\CONSnBO\2000\08-J UN E\OB-CSA-MCI.DOC c'i � SU13JECT: AUTHORIZE PUBLIC WORKS DIRECTOR TO EXECUTE A CONSTULTING SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC. DATE: JUNE 6, 2000 PAGE 2 OF 2 III. Reasons for Recommendations and Background: The construction contract for the Marsh Creek Channel Improvements Project was awarded to the lowest responsible bidder on May 16, 2000. Construction activities were expected to begin on June 1, 2000 and the Consulting Services Agreement is due to expire on December 31, 2000. The construction management services include construction engineering, project management and construction inspection. Harris &Assoctiates, Inc. was selected for the contract from a field of nine consulting firms. IV. Consequences of Negative Action: If the Consultant Services Agreement with Harris & Associates, Inc. is not approved, it may not be possible to complete construction of the approved project. TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER GATE: June 6, 2000 SUBJECT: STORMWATER INSPECTION PROGRAM AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY AND WEST COUNTY WASTEWATER DISTRICTS. PROJECT NO. 0929-6X7053 Specific Request(s)or ecommen at on s Background ust cation I. recommended Action: 1. APPROVE and AUTHORIZE Chair of Board of Directors, Contra Costa County Flood Control and Water Conservation District (Flood Control District), to execute the first amendment to the Stormwater Utility Area Agreement between the Flood Control District and the following twelve Contra Costa Clean Water Program members authorizing the Flood Control District to execute on their beh a agreement for J Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): AdTION OF FROAR5N JUNE 6, 2000 AP VE -A-9 FIFECOMMEN150 OTRER_ VOTE OF SUPERVISORS X UNANIMOUS{ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: G:\GrpData\FldCtl\SWUF\BO\Insp and Amend SUA 00 LF.doc I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of Org.Div: Public Works Dept.NPDES the Board of Supervisors on the Contact:Donald P.Freitas(925)313-2373 date shown. cc:Chief Engineer PW Accounting ATTESTED: JUNE 6, 2000_ County Administrator County counsel PHIL BATCHELOR, Clerk of the Board Flood Control District,Contra Costa Clean Water Program of Supervisors and County Administrator By , Deputy SUBJECT: STORMWATER INSPECTION PROGRAM AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY AND WEST COUNTY WASTEWATER DISTRICTS. PAGE: 2 DATE: June 6, 2000 stormwater inspection and illicit discharge control services; and Clayton EI Cerrito Moraga Pleasant Hill Concord Lafayette Orinda San Ramon Danville Martinez Pinole Walnut Creek 2. APPROVE AND AUTHORIZE the Chief Engineer or his designee to execute on behalf of the Contra Costa Clean Water Program an agreement between the Flood Control District, the Central Contra Costa Sanitary District, and the West County Wastewater District on a time and materials basis for stormwater inspection and illicit discharge control services. II. Financiallmpact: There will be no impact to General Fund. The Stormwater Utility Area Agreement pertains to the expenditure and administration of the Stormwater Utility Assessment. Inspection services by the sanitary districts will be funded with stormwater utility assessments collected by the Flood Control District on behalf of the twelve participating municipalities. 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 industrial and commercial business inspections and illicit discharge control inspections (Inspection Program). 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 urban runoff. The Flood Control District administers the Stormwater Utility Assessment, the funding source for the Contra Costa Clean Water Program (also known as NPDES stormwater control activities), for the cities and unincorporated County area. The Stormwater Utility Area Agreement sets forth responsibilities of the cities, County and Flood Control District regarding the collection, administration, distribution, and expenditure of Stormwater Utility Assessment revenue. Twelve municipalities wish to amend the Stormwater Utility Area Agreement to permit the Flood Control District to contract with two sanitary districts to implement a Stormwater Inspection Program. The Flood Control District, on behalf of the municipalities, will enter into an agreement with the two sanitary districts. The inspection program will be funded from stormwater utility assessment revenues collected for the municipalities. C 4. ._60 SUBJECT: STORMWATER INSPECTION PROGRAM AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY AND WEST COUNTY WASTEWATER DISTRICTS. PAGE: 3 DATE: June 6, 2000 IV. Consequences of Negative Action: The San Francisco Bay and/or Central Valley Regional Water Quality Control Boards may fine the Contra Costa Clean Water Program for not conducting inspections as required in its Joint Municipal NPDES Permit. The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $10,000 per day and $10 per gallon of discharge for non-compliance with the permit. FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON ("FIRST MENDMENT") entered into on the [," day of F_.' 4,. , 2000, is between the City of Clayton, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter °'DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITYOF CLAYTON (hereinafter "AGREEMENT") entered into on the 7t' day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY" authorizes "DISTRICT", on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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, dated ; day of 2000, shown as Exhibit "A", as it may be amended from time to time. CITY'S estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CLAYTON CONTROL AND WATER CONSERVATION DISTRICT B : City Manager, Richard Hill By: Chair, Board upervisors ATTEST: ATTEST: Phil Batchelor, Cleric of the Board of Supervisors And County Administrator By: City Clerk, Frances Douglas uty Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer y: ss Cant o Ci Pana , BY: Laura Hoffme er Form Approved: Form Approved: Victor J. Westman County ounsel B . �. Y City Attorne By: _ Deputy G:\GrpDatalNPDES\BO—Contracts\ Inspection Pmgram\lst AMEND SUA AGRMT 04-06.doc Final:3/29/00 LF:If/sl RESOLUTION No. 23-2000 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE STOR.MWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON WHEREAS, the City Clayton, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation'of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board 'issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(199912004)June 30, 1999"(Plan); and, WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Clayton agree that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality, and, WHEREAS, twelve (12)municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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"for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of Clayton to continue participating in this joint inspection program; and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON"(Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE, BE IT RESOLVED, that the City of Clayton City Council approves hereby approves the amendment and authorizes: 1. The City Manager to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON" subject to the City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on April 18, 2000,by the following vote: AYES: Council Members Littorno, Manning, dice Mayor Pierce NOES: None ABSENT: Council Member Laurence, Mayor.Peterson ABSTAIN: None ` Vice-Mayor, Julie Pierce ATTEST: Frances Douglas, 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 April 18, 2000. Frances Douglas, City Clerk G:IGrpData1NPDESIB0 Contracts) Inspection ProgramlRES ISTAMEIVD SUA AGRMT 04-00.doc Final:3129100 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD 1. PARTIES This FIRST AMENDMENT to the STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD ("FIRST AMENDMENT") entered into on the 8f day of May, 2000, is between the City of Concord, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CONCORD (hereinafter"AGREEMENT") entered into on the 7t'day of December, 1999. 3. AMENDMENT Adding the following paragraph to the end of Section 7 amends the AGREEMENT: "CITY/TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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, dated _i_ day of ,,y`14 2000, shown as Exhibit "A," as it may be amended from time to time. CITY/TOWN's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY/TOWN and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties can the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CITY OF CONCORD CONSERVATION DISTRICT 0-1 By: By: _ and R. James Chair,Boar of upervisors � City Manager ATTEST: ATTEST: .Phil Batchelor, Clerk of the Board Lynnet Keihl, CMC of Supervisors City Clerk. And County Administrator By: 47�� Deputy Recommended for Approval: APPROVED AS TO FORM: Maurice Shiu Chief Engineer Markoehme By: � . Acting City t �`" torney Form Approved: Victor J. Westman County Counsel By: Deputy 2 EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL &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 3 AGREEMENT AMONG THE CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, AND THE NEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM The Agreement is made this day of 2000, by and among the Contra Costa County Flood Control and Water Conservaiion 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 Centra Costa, the District and nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan(199912004)June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as park of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non-stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non- stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant dill, San Ramon and Walnut Creek 4 (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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety(90)days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. (d) To prepare inspection and investigation reports. (e) 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 5 A:� 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, (f) 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, (g) To beep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies, (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (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 inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. 6 (e) To provide educational materials for distribution to industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to 7 the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the 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 and updated annually by May 31. 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 regulatory agencies 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 inspection activities Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY 8 (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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg,Pollution Prevention Supt. (925) 229-7361 If to CCCSD, to: Mr. Barton L. Brandenburg,Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley,District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to 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. 9 INN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA. SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: 10 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. West County Wastewater District 7:00 a.m. —3:30 p.m. * Monday through Friday, excluding holidays 11 EXHIBIT" "B" PROJECTED BUDGET BREAKDOWN-NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY Q:tsharewrk\SHARE City Council Reports 2000\05-09-00\ST-FirstAmendStJAAttach2.doc 12 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2 3 A Resolution Approving the First Amendment to the Stormwater Utility Area Agreement Between the 4 Contra Costa County Flood Control and Water Conservation District and the City of Concord 5Resolution No. 00-37 1 6 7 WHEREAS,the City of Concord, in conjunction with the Contra Costa County Flood Control 8 and Water Conservation District (DISTRICT) and other governmental entities, has been required by 9 the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality 10 Control Boards to participate in the development and implementation of a Joint Municipal National 11 Pollutant Discharge Elimination System(NPDES)permit for Stormwater discharges; and 12 WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board 13 issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; 14 and 15 WHEREAS, an enforceable component of the NPDES Permit is the document entitled 16 `°Stormwater Management Plan (199912004)June 30, 1999" (Plan); and 17 WHEREAS, the Plan contains components related to inspection activities at industrial and 18 commercial facilities and illicit discharge control activities; and 19 WHEREAS,the City of Concord agrees that the public good is best served by implementing a 20 joint inspection program to encompass inspection activities and illicit discharge control activities, 21 rather then establishing new unique inspection programs solely for each municipality; and 22 WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, 23 Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Dill, San Ramon, and Walnut Creek desire to 24 authorize the DISTRICT to enter into and perform the terms and conditions of the "Agreement 25 Among the Contra Costa Flood Control and Water Conservation District (on Behalf of the Contra 26 Costa Clean Water Program), The Central Contra Costa Sanitary District and the West County 27 Wastewater District Regarding the Contra Costa Clean Water Program" for inspection activities and 28 illicit discharge control activities; and 00-37 1 I WHEREAS, it is in the interest of the City of Concord to continue participating in this joint 2 inspection program; and 3 WHEREAS, a "Stormwater Utility Area Agreement Between the Contra Costa County Flood 4 Control and Water Conservation District and the City of Concord" (Storinwater Utility Area 5 Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on 6 November 9, 1999; and 7 WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the 8 District to administer the inspection program. 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES 10 RESOLVF,AS FOLLOWS: 11 Section 11. The City Manager is authorized to execute the "First Amendment to Stormwater 12 Utility Area Agreement Between Contra Costa County Flood Control and Water Conservation District 13 and the City of Concord" subject to the City Attorney's approval. 14 Section 2. This resolution shall become effective immediately upon its passage,and adoption. 15 Section 3.: Three (3) certified copies of this resolution and three (3) signed originals of the 16 Amendment shall be immediately forwarded to the 17 PASSED AND ADOPTED by the City Council of the City of Concord on May 9, 2000, by 18 the following vote. 19 AYES: Councilmembers—L. Hoffineister, B. McManigal,M. Pastrick,M. Peterson,H. Allen 20 NOES: Councilmembers—None 21 ABSTAIN: Councilmembers--None 22 ABSENT: Councilmembers—None 23 II 24 H 25 H 26 11 27 H 28 f! 0037 2 i t2 1 I HEREBY CERTIFY that the foregoing Resolution No. 00®37 was duly and regularly 2 adopted at a regular joint meeting of the City Council of the City of Concord on May 9, 2000. 3 4 Lynnet Keihl, CMC 5 City Clerk $ By: rJ/ 7 Mardie Traver, CMC Assistant City Clerk 8 9 APPROVED AS TO FORM: 10 11 12 MarkBye me Acting City ttorney 13 cc: Assistant Chief Engineer, 14 Contra Costa County Flood Control and Water Conservation District 15 16 17 1 certify that this Is a true copy of a document on fife 1n this lce. 18 � ®istant Ci�rft 19 SSAL, Laity of Conmrd,Cai{fomia 20 21 22 23 24 25 26 27 28 00-37 3 a d o .. .- LIZ— F RST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DAN'VILLE 1. PARTIES This FIRST AMENDMENT to STORMWATER'UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DAN'VILLE (FIRST AMENDMENT") entered into on the day of , 2000, is between the Town of Danville, a municipal corporation (hereinafter "TOWN"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE (hereinafter "AGREEMENT") entered into on the 7a'day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM'). Implementation of the INSPECTION PROGRAM will be pursuant to AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), TIME CENTRAL CONTRA COSTA SANITARY DISTRICT, AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, elated i - day of J f 2000, shown as Exhibit "A", as it may be amended from time to time. TOWN's stimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, TOWN and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." r f; 4. 11Y7�lf�IIYLLiI�R t The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD TOWN OF MANVILLE CONTROL AND WATER CONSERVATION DISTRICT By: _ B ld Chair, Boar pervisors o of Manager ATTEST: AT Phil Batchelor, Clerk of the Board of Supervisors And County Administrator By- le - D uty r } �k ,/ City, Jerk f Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By - By: City fngineer Form Approved: Form Approved: Victor J. Westman County.Counsel By: By. 2�0-110 Deputy Town Attorney G:\GrpData\NPDES\BO—Contracts\ Inspection Program\1st AMEND SUA AGRMT 04-00.doc Final: 3/29/00 LF:lf/sl I,Marie Sunseri,City Clerk of the Town of Danville,hereby certify that this is a true and correct copy of Resolution No, 55-2000, M Marie Sunseri, City Clerk RESOLUTION NO. 55-2000 APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE TO MAKE PROVISIONS FOR A COMMERCIAL AND INDUSTRIAL INSPECTION PROGRAM WHEREAS, the Town of Danville, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004)June 30, 1999" (Plan); and WHEREAS,the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Town of Danville agree that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Mora a, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the agreement among the Contra Costa County Flood Control & 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 for inspection activities and illicit discharge control activities; and WHEREAS, it is in the interest of the Town of Danville to continue participating in this joint inspection program; and WHEREAS, a stormwater utility area agreement between the Contra Costa County Flood Control and Water Conservation .District and the Town of Danville (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program under the Town's direction; now, therefore, be it RESOLVED, that the Town Manager is authorized to execute the first amendment to Stormwater Utility Area Agreement between Contra Costa County Flood Control and Nater Conservation District and the Town of Danville subject to the City Attorney's approval; and, be it further RESOLVED, that three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. APPROVED by the Danville Town Council at a regular meeting on April 18, 2000, by the following vote: AYES: Greenberg, Doyle, Waldo NOES: Shimansky ABSTAINED: None ABSENT: Arnerioh G'�"'�"�"� +� ► ,A-�'*'9r.� MAYOR ROVED AS TO FORM: ATTEST.- CITY TTEST:CITY ATTORNEY CITY CLERIC PAGE 2 OF RESOLUTION NO. 55-2000 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect" CONTRA COSTA COUNTY FLOOD CITYiTOWN OF CONTROL AND WATER --1-7 CONSERVATION DISTRICT El Cer to By: Chair, Board/d S pervisorsC' anage ATTEST: ATTE Phil Batchelor, Clerk of the Board of Supervisors And County Administrator By: 960sn�- ! De ty ftem Clerk 4 Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By:G u1 By: City/. ` wR Engineer Form Approved: Form Approved: Victor J. Westman Coun Counsel By: By: Deputy City/Tt Attorney G:\GrpData\NPDES\1st Arndmt SUA Agrrnt.doc Final:3/29/00 LF:lf/sl FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF EL CERRITO 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND FL CFf2RITo ("FIRST AMENDMENT") entered into on the 21st day of APR i L , 2000, is between the City of EL CERRITO , a municipal corporation (hereinafter "CITY/T4)WN"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter"DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ANDCITY OF EL CERRITO (hereinafter "AGREEMENT") entered into on the 7t' day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY/TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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, dated 21st day of APRri , 2000, shown as Exhibit "A", as it may be amended from time to time. CITYFFe4"'s estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit °B" attached hereto. Annually by May 1, CITYFPGWd and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." EXHIBIT 'fAft AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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 RESOLUTION 2000-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING AN AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT TO PROVIDE INSPECTION SERVICES AS PART OF THE ILLICIT DISCHARGE CONTROL ACTIVITIES REQUIRED UNDER THE CONTRA COSTA CLEAN WATER PROGRAM AND APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF EL CERRITO. WHEREAS,the City of El Cerrito has been requested to enter into an agreement among the Contra Costa County Flood Control &Water Conservation District,the Central Contra Costa Sanitary District, and the West County Wastewater District to Provide Inspection Services as part of the Illicit Discharge Control Activities required under the Contra Costa Clean Water Program; and WHEREAS, the City of El Cerrito, In conjunction with the Contra Costa County Flood Control and Water Conservation District(DISTRICT)and tither governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate In the development and Implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999,the San Francisco Bay Regional Water Quality Control Board Issued a second five-year Joint Municipal NPDES permit for public agencies under Its jurisdiction; and WHEREAS,an enforceable component of the NPDES Permit Is the document entitled"Stormwater Management Plan (1999/2004)June 30, 1999"(Plan); and, . WHEREAS, the Plan contains components related to Inspection activities at Industrial and commercial facilities and Illicit discharge control activities; and, WHEREAS, the City of El Cerrito agree that the public good is best served by implementing a joint Inspection program to encompass Inspection activities and illicit discharge control activities, rather than establishing new unique Inspection programs solely for each municipality; and, WHEREAS, twelve (12)municipalities, namely Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter Into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL&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"for Inspection activities and illicit discharge control activities; and, WHEREAS, It Is In the Interest of the City of El Cerrito to continue participating In this joint Inspection program; and, HAENMRESOMITY RESOLUTION FORM.doc 1 41- FIRST FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF LAFAYETTE 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ,CITY OF LAFAYETTE ("FIRST AMENDMENT") entered into on the € --qday of ` _ W :. , 2000, is between the City of Lafayette, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAFAYETTE (hereinafter "AGREEMENT") entered into on the 7t` day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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 D1TRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated day of 2000, shown as Exhibit "A", as it may be amended from time to time. CITY's`estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: 13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein.,, 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect. CONTRA COSTA COUNTY FLOOD CITY OF LAFAYETTE CONTROL AND WATER CONSER TION DISTRICT By: By: Chair, Board o ervisors Steven'g. Falk, ity Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors And County Administrator By: De ty us n . Jus itis, lark Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer By: By: Tony C e, City Engineer Form Approved: Form Approved: Victor J. Westman County ounsel By: By: ! Deputy Charles illiams, City Attorney C:\My DocumentMISIP13MAdministrative Agreements&ResolutionsTirst Amendment to SUA AGRMT 04-00.doc Final:3/29/00 LF:lftsl f t EXHIBIT "A" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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 AGREEMENT AMONG THE CONTRA COSTA 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 The Agreement is made this day of ..1.. 2000, 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0033313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "stormwater Management Plan (1999/2004) June 30, 1995 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and Page 1 WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, El 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 p ..� (d) To prepare inspection and investigation reports. (e) 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities, (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. a. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 f -& (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities, 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the Participating Municipality through the District. 5. 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 ($1,000,400) 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 and updated annually by May 31. 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, Page 5 willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to CCGSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 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, Fuge 7" IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 8 H APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4A0 .p.m. West County Wastewater District 7:00 a.m. -- 3:30 p.m. * Monday through Friday, excluding holidays C:1My DocumentslNPI)MAdministrative Agreements&ResolutionsTrorn=WP-Inspection Agmt.doc Final:03/29/00 Page g � a EXHIBIT "B" PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY r f T: a 8 lift to �y t7 t•1N 5C r' •�- N � Rs ��; of ti •IF...v �y �cpp �y i0p; w M »w www O a � e M � l�f3�iN� Y9N M CY O. Cc c N N N 4111 44 Yi i/k lR Yif M L C IVo Y qp ap � u r G 41 o CL BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Approving the First Amendment to the } Resolution 37-00 Stormwater Utility Area Agreement } Between Contra Costa County Flood Control and } Water Conservation District } and the City of Lafayette } 1 WHEREAS,the City of Lafayette, in conjunction with the Contra Costa County Flood Control and Water Conservation District("District") and other governmental entities,has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and WHEREAS, on July 21, 1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(1999/2000 June 30, 1999" (Plan); and WHEREAS,the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the City of Lafayette agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities,rather than establishing new unique inspection programs solely for each municipality; and WHEREAS,twelve (12)municipalities,namely, Clayton, Concord,Danville,El Cerrito, Lafayette, Martinez,Moraga, Orinda,Pinole,Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the District to enter into and perform the terms and conditions of the"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"for inspection activities and illicit discharge control activities; and WHEREAS,it is in the interest of the City of Lafayette to continue participating in this joint inspection program; and WHEREAS, a"Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the City of Lafayette" (referred to as "Stormwater Utility Area Agreement")delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and WHEREAS,the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. 1 NOW,THEREFORE BE IT RESOLVED: I. City Manager is authorized to execute the"First Amendment to Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the City of Lafayette" subject to City Attorney's approval. 2. Three (3)certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Lafayette on April 24, 2000,by the following vote: AYES: Councilmembers Federighi , Samson, Tatzin and Mayor Strauss NOES: None ABSENT: Counci lmember Horn ABSTAIN: None APPROVED: y Strauss,Mayor ATTEST: Su an M. Jus tis, Clerk T1 "` UE COPY" 77� RK{3 ClI't MJF AY E,C,�UFt}RIQA Resolution 37-00 Page 2 of 2 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF MARTINEZ PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY QF [MARTINEZ("FIRST AMENDMENT") entered into on the=day of April, 2000, is between the City of Martinez, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT'). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND M (hereinafter"AGREEMENT") entered into on the 7"' day of December, 1999. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY/TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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,PISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated ?.- day of— , 2000, shown as Exhibit"A", as it may be amended from time to time, CITY/TOWNi estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit"B" attached hereto. Annually by May 1, CITY/TOWN and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. NDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFEEGT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY OF MARTINEZ CONTROL AND WATER CONSERVATION DISTRICT By: By. Chair, Boar of 4upervisors Marcia Raines, City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors And County Administrator r DepIV '0it der Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By: By: City Engin Form Approved: Form Approved: Victor J. Westman County ounsei -� By: By. Deputy C' n G:lGrpDa \NPDEStBo_ContractaVn*psdlon Program\l at AMEND SUA AGRMT doc Final:WAM LF:l1/al EXHIBIT "All AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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 / I f .141 z1q x t AGREEMENT AMONG THE CONTRA COSTA 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 The Agreement is made this day of 2000, by and among the Contra Costa County Flood Control and Water konservation 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Say and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (199912004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and Page 1 WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 ,r (d) To prepare inspection and investigation reports. (e) 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 ' v Y' (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the A eq ncies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 W = Al to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the 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 and updated annually by May 31. 0. 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, Page 5 �G 77 ,I willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 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. Page 7 v ,Y IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 8 ............................................... APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. Wast County Wastewater District 7:00 a.m. — 3:30 p.m. * Monday through Friday, excluding holidays G:\Grp0ata\NPDES\MIC1CenSan insp,Program\ Inspection Agmt 3 00 clean.doc Rev:02/24100 02/28/00 02/29100 03/24/00 03/28/00 Page 9 _,ra EXHIBIT "B" PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY yt. NH OD eM- rM"�N �QCV OO t3 . O (V NNhN50Ph0 HHHiNHHHH"+HH+� M R N N t y�C>f`�fe)tes 06 US N I(1 �Nr�i t+s N eD rrN � t,rM., NRrF cq'd N-- t� H H H H H H H H H H H y �a BSS r No.-ea les co en41 MMNW tilts m � } o ,� a tSs0'10 P C m wh r'=C @NCri�QM� I` M m p m tl W CI h tR'S 6 � lq— np ciwNctQCs r� tod �® � O NH�ih9�Vl tM96�S ce H H HHH a N C14 04 C14 -W ci G 7 E N C coca, d ddL'Sd ny �' dM cn � O act tilts r j M . t1 cNO O C M ' In � cot.')to �tri is"s rl7�Vs tts Cr3 t/3 tfi V3 �O � 0. O C N 4 �5 t9cn a U f4 eno N v .0 h+ d 03 (D Y <1 en M y N N m N N N cY C •.J� Gs O} to dt 6 o {1! Z w O tu yy � Os i qE@� NY, G pl ttl t RESOLUTION NO. 037-00 APPROVING THE FIRST AMENDKEN"T TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF MARTINEZ WHEREAS, the City of Martinez in conjunction with the Centra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for Stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Hoard issued a five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (PLAN) ;" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the City of Martinez agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, Walnut Creek and the City of Martinez have authorized the District to enter into and perform terms of inspection of an illicit Discharge Elimination Program Agreement with Central Contra Costa Sanitary District and West County Wastewater District on behalf of the participating municipalities; and WHEREAS, it is in the best interest of the City of Martinez to continue participating in this inspection program; and vtb► rMi x3 you-311 r WHEREAS, the "Stormwater Utility Area Agreement betweiwaft*&rAm=w., Costa County Flood Control and the Stormwater UtilAft) s` r yq=ft 0U Agreement) . . . . ) And each participating m i dAOV�Tra )Roo the implementation of Stormwater Utilityuo5 0 into on December 7, 1999; and ywq,z- WHEREAS, the "Stormwater Utility Area Agreement" needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES HEREBY RESOLVE AS FOLLOWS: 1. The Stormwater Utility Area Agreement between the City and the District is hereby amended in the manner provided by the "First Amendment to Stormwater Utility Area Agreement Between Contra Costa County Flood Control and Water Conservation District and the City of Martinez (hereinafter "First Amendment% ) which is attached hereto as Exhibit "A" and made a part hereof. Z. The City Manager is hereby authorized and directed to execute the First Amendment. 3 . Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean Water Program Manager. 4. This resolution shall become effective immediately upon its passage and adoption. 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 5th day of April, 2000 by the following vote: AYES: Councilmembers Lewis, Schroder, Woodburn, "dice Mayor Ross and Mayor Menesini NOES: None ABSENT: None t' r" I Homy CIRTfFY trot d4 RICHARD O. HERNANDEZ, CITY")CLERK caeeweteward ea10 CITY OF MARTINEZ tr lqa ie 15itsl�. , piciAm Q."Novid .COY I i LL (W ;LL FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY, FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("FIRST AMENDMENT") entered into on the day of �" u_ 2600, is between the City/Town of 'YL-­--Z,4 , a municipal corporation (hereinafter "CITY/TOWN"), and the Co rsta County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter"DISTRICT"). The patties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND F� ... (hereinafter "AGREEMENT") entered into'on the 7th day of December, 19 � 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITYITOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and dommercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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, dated d V: day of i. _, 2000, shown as Exhibit "A"" as it may be amended from time .to time. CITYIT WN's estimated share of the cost for the inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY/TOWN and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." f,J P r.;,,..✓'/ E'f�imp/ t-i 4. AMENDMENT APS 2 0 2000 The AGREEMENT is amended by adding Section 13 which shall read as fc 90*0. "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CONTROL AND WATER CONSERVATION DISTRICT -�n o re?2 ct_ By: By: --•--e- i cam' Chair, Boar Supervisors City/Town Manager ATTEST: ATTEST: P'h'il Batchelor, Clerk of the Board of Supervisors And County Administrator D fo ty /Town Clerk - P,��,ur y Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By By: 4prZo E gi er Form Approved: Formd: Victor J. Westman j County Counsel1. rl r By: By: ( } ! r4 LLQ f Deputy U City own Attorney GAGrpData\NPDES\1st Arndmt SUA Agrmt.doc Final:9129100 LFAflsi EXHIBIT "All AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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 AGREEMENT AMONG THE CONTRA COSTA 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 4_ The Agreement is made this day of .?�L 2000, 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Say and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and Page 1 '414 v� WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 v (d) To prepare inspection and investigation reports. (e) To issue Notices of Violation, Warning Notices and Compliance Carders on behalf of the Participating Municipalities where violations and potential violations occur, all to the extent authority to issue such Notices and Carders 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 ell (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the A eq ncies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 ' G✓�1 / �r "GiC'S 3r�J" to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the 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 and updated annually by May 31. 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, Page 5 willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct," 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229.7361 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11, Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 • f t F 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. Page 7 4-2 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 8 �. f t APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. West County Wastewater District 7:00 a.m. — 3:30 p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\MIC\CenSan Insp.Program\ Inspection Agmt 3 00 clean.doc Rev:02/24/00 02/28/00 02/29/00 03/24/00 03/28/00 Page 9 F ..A EXHIBIT "B" PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY clim w+�a+�rd►t+vm�*�4+asysen +�'ersen+ratnaasrs r7 9 N ttr�yy �p to- M m N W-r N tt3'q o v N *' Qt r fa ill.m t'+t C)aib 1p� �4f--H tll1699Y CVj HHVry eq fA 64 V! •sem,y�uw�,tArsHr,ys�y� � r rNien '°f't`�ty e Nco NODG0 �p to to H C) m �'a' �{'��p., of m��� 1A j�ey il!y�44 46 69 43 iN f r c1t Nom " t +� 64 46 00 �tpp Q CS R C C N y �• � m o dSf ami 7 m mH to 'n m a e Y3 tv L71 a> CL N � C an CL a BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: A Resolution Approving The First Amendment ) To The Stormwater Utility Area Agreement ) Between Contra Costa County Flood Control ) RESOLUTION 15--2000 And Water Conservation District to Provide ) Inspection Services to the Town of Moraga } WHEREAS, The Town of Moraga, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 1999,-(Plan)," and WHEREAS, the Plan contains components related to inspection activities at industrial and commercialfacillogs..and illicit discharge control activities; and, WHEREAS, the Town of Moraga agrees that in the spirit the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, 'rather than establishing new unique inspection programs solely for each municipality; and WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek have authorized the District to enter into and perform terms of inspection of an Illicit Discharge Elimination Program Agreement with Central Contra Costa Sanitary District and West County Wastewater District on behalf of the participating municipalities; and WHEREAS, it is in the interest of the Town of Moraga to continue participating in this inspection program; and Whereas, the "Stormwater Utility Area Agreement" between Contra Costa County Flood Control and Water Conservation District (referred to as "Stormwater Utility Area Agreement")...) and each participating municipality delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE, BE IT RESOLVED The Town Council of the Town of Moraga does resolve as follows: 1. Authorize the Town Manager to execute the first amendment to the Stormwater Utility Area Agreement subject to the approval of the Town of Moraga's attorney. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean Water Program Manager. PASSED AND ADOPTED by the Town Council of the Town of Moraga at a regular meeting held on April 12, 2000, by the following vote: AYES: Mayor Dennis Cunnane, Councilmember Michael Majchrzak, Councilmember Ron Enzweiler, Councilmember John Connors NOES: None ABSTAIN: None ABSENT: Vice Mayor William Vaughn fora ' �C' an , Mayor ATTEST: Ross G. Hubbard, Town Clerk r - - - ........................................................................................................................................................................................................................................................................................................................... r x41 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA ("FIRST AMENDMENT") entered into on the (; - day of -1,'i _- , 2000, is between the City of Orinda, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA (hereinafter "AGREEMENT") entered into on the 7h day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY/TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District(collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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, dated ? day of j :L� _. , 2000, shown as Exhibit "A", as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit"B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 1 / r 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY OF ORINDA CONTROL AND WATER CONSERVATION DISTRICT By: By: 4air,B and Supervisors City Niana4er ATTEST: ATTEST: Phil Batchelor,Clerk of the Board of Supervisors And County Administrator By: Dep City Cle Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By By: iL City Engineer Form Approved: Form Approved: Victor J. Westman Coun o sel ..- By: Deputy City Attorney 2 00 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Approving the First Amendment to The Storrnwater Utility Area Agreement between Contra Costa County Flood Control and Water Resolution No. 29-00 Conservation District and the City of Orinda WHEREAS,the City of Orinda, in conjunction with the Contra Costa County Flood Control and Water Conservation District(DISTRICT) and other governmental entities,has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System(NPDES)permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(1999/2004)June 30, 1999" (Plan); and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the City of Orinda agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform under the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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" for inspection activities and illicit discharge control activities; and Resolution No. 29-00 Page 1 of 2 J �� WHEREAS, it is in the interest of the City of Orinda to continue participating in this joint inspection program; and WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW THEREFORE,the City Council of the City of Orinda does hereby resolve that 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA"subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Orinda at a regular meeting on April 18,2000 by the following vote: AYES; COUNCILMEMBERS: Abrams, Tabor, Wheatland, Worth, Hawkins NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None oyc wkins,Mayor ATTEST; As Mary Ell Orth, City Clerk Resolution No. 29-00 Page 2 of 2 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE("FIRST AMENDMENT') entered into on the ,;`' day of ¢ 2000, is between the City of Pinole, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT'). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE (hereinafter "AGREEMENT') entered into on the 7t�' day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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 STRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated 1, — day of -3-, 2000, shown as Exhibit "A", as it may be amended from time to time. CITY' estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: °13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY OF PINOLE CONTROL AND WATER CONSERVATION DISTRICT By: By: --- Chair, Boa Supervisors City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board Dawn Abrahamson of Supervisors And County Administrator By: . Dety eputy Ci C rk Recommended for Approval: Recommended for Approval Maurice Shiu G. Keith Freeman Chief Engineer Public Works Direc r By: City Engineer Form Approved: Form Approved: Victor J. Westman Michael Riback Coun C Lqspe City Attorney r By- By: �- Deputy Uty Attorney G:\GrpData\NPDES\l30 Contracts\ Inspection Prograrn\1st AMEND SUA AGRMT 04-OO.doc Final:3129100 LF:lf/sl AGREEMENT AMONG THE CONTRA COSTA 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 The Agreement is made this y day of ✓ 2000, 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0033313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified longterm goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and Page 1 WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 (d) To prepare inspection and investigation reports. (e) 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 • :�"r;r . <i is Y'4�;e. to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the 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 ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement and updated annually by May 31. 9. Indemnification: District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, Page 5 r. '$ willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 C4 the parties cannot agree to an arbitrator within thirty (30) clays 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. Page 7 ,f IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 8 01 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. West County Wastewater district 7:00 a.m. — 3:30 p.m. * Monday through Friday, excluding holidays G AGrp Data\N PDES\B0_Contracts\ Inspection Program\Inspection Agmt.doc Final:03129100 Wage 9 EXHIBIT "B" PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY O a Cf CNppp M M r;N �j yj O tbV W fit} N HHRH HH IA 67 t9 H 4-k 44 h An -Ap M 'C cy n N N O H H H H H H H H H H Vol H M 9 N Ld9 N � 'a C�1t7 O M1 Cts � tY) CA N 8 r ol a a r b b bppO b�j 0 w N M CtS c M1: Ct7 OR N M 1n a H Vi HHfi9H4660J,H HH C3 � C O gg C U 'ern$' O r Oct cl n ro C's tO . m NO C7 r t-: 70 H�MysHy�HarsHrsHH LS pa N N t� cn P'S CN`'3N ip�-D t2 C4 - d p Cp O N 0 N C3 0 a Nt+ j CO PbP M N a CS CSV t M Cil F-Car"y -0 H +H H6�9 Wil Key MH 2 E > U O � C fU E � 5 $ 04a a V, 4'k tafA 60, v o d 5' os N 9 Za 0 b to co Ln M 0 � NNNo N -W L C � C _O � � a � 8 cn �64 * 9 5 u, m 601, H HCH o Ci M u o cGy LN tia � NNN V Um7 N 70 e _ m C d W tU CL Z z C m -19 cm e L v ca y U CL a , C7 is. rL0 a CL a BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA Resolution Approving the First ) Amendment to the Stormwater Utility } Area Agreement between Contra Costa } RESOLUTION NO. 118-2000 County Flood Control and Water } Conservation District and City of Pinole ) WHEREAS, the City of Pinole, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999" (Plan); and, WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Pinole agree that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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"for inspection activities and illicit discharge control activities; and, X:1C(fT ACT10NYIEL0LUTION6*W=0UNC1LWPoE5 1 ST AMENO.WC WHEREAS, it is in the interest of the City of Pinole to continue participating in this joint inspection program; and, WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7. 1999: and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. NOW, THEREFORE THE CITY OF PINOLE DOES RESOLVE AS FOLLOWS 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED this 18th day of April 2000 by the following vote: AYES: COUNCILMEMBERS: Alegria, Boyle, Cole, Horton, and Murray NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None DAWN G. ATRAHMISON, CMC/AAE I hereby ►g*tom.fetegWnq is a bW and DEPUTY CITY CLERK correatcoPYof#004"documsnton"Is inthe City Clerk's of k* City of Ptnoie, Contra Coate County,$tate of Calm ia. Dawn brahenn n, utyclerkofthe ItyofPinole Dib: X(CITv ACTiONNE80WTiONSWWLOUNCILWFDES ISTAMEND.00C 2 FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PLEASANT HILL 1. PARTIES This FIRST AMENDMENT is STORMwATER ftM AREA AGREEMENT BETWEEN CONTRA COSTA CDJM FLOOD CONTROL AND WATER CONSERvAT1oN DISTRICT AND CITY OF PLEASANT HILL("FIRST AMENDMENT")entered into on the f day of _ _-- ,2000, is between the City/Town of Pleasant Hill,a municipal corporation(hereinafter "CITY/TOWN"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic(hereinafter"DISTRICT). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and THE CITY OF PLEASANT HILL(hereinafter"AGREEMENT") entered into on the 7t' day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the and of Section 7: "CITY/TOWN authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District(collectively hereinafter"AGENCIES"),to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter"INSPECTION PROGRAM'.Implementation of the INSPECTION PROGRAM Will be pursuant to 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 CUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM,dated '~ day of :1` ,2000,shown as Exhibit "A", as it may be amended from time to time. CITY/TOWN's estimated shar6 of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITYI'TOWN and DISTRICT will revise Exhibit"B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT y Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY/TOWN OF CONTROL AND WATER CONSERVATION DISTRICT PLEASANT HILL Joseph Tanner By: Z�zBy: Chair, Boardf pervisors Cityfi m Manager ATTEST: ATTEST: Phil Batchelor, Cleric of the Board Linda J. Stehr of Supervisors And County Administrator By: _ _ + gouty Cityffi Cl" Recommendod for Approval: Recommended for Approval Leary Wong Maurice Shlu Chief Engineer G By: By: 4ity � n Form Approved: Form Approved: Victor J. Wes#man Debra Margolis Count Cau sel , By: By: r ~ Deputy City/fAttorney RESOLUTION L 0-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CITY OF PLEASANT HILL AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS,the City of Pleasant Hill,in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges;and WHEREAS,on July 21,1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction;and WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan(1999/2004)June 30, 1999" (Plan);and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities;and WHEREAS,the City of Pleasant Hill agrees that the public good is well served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities;and WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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" for inspection activities and illicit discharge control activities;and WHEREAS,it is in the interest of the City of Pleasant Hill to continue participating in this joint inspection program;and fir V WHEREAS, a "STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PLEASANT HILL" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999;and WHEREAS,the Stormwater Utility Area Agreement needs to be amended to allow the District to continue administer the inspection program. NOW,THEREFORE BE IT RESOLVED,by the City Council of the City of Pleasant Hill, as follows: 1. The City Manager is authorized to execute the attached"FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BE"f WEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PLEASANT HILL" subject to the City Attorney's approval. 2. Three(3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 17th day of .Apr i 1 2000,by the following vote: AYES: Angeli, Brandt, Durant, Escover NOES: Done ABSENT: wi 11 i amson CHARLES C. ESC ER,Mayor ATTEST: t,.� �� ��c ems►. DORIS P. NILSEN, City Clerk APPROVED AS TO FORM: COP DEBRA S. MARGOLIS, Attorney t ��� -y7 D�� CRYCLER 61NOF�censaNTVILL FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of San Ramon 1. PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND 'CITY OF SAN RAMON ("FIRST AMENDMENT") entered into on the #-y- day of 2000, is between the City of San Ramon, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter "DISTRICT"). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF SAN RAMON (hereinafter "AGREEMENT") entered into on the 7t" day of December, 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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 st , REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated t� day of .. , 2000, shown as Exhibit "A", as it may be amended from time to time. CITY'S estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." c 4. AMENDMENT The AGREEMENT is amended by adding Section 13 which shall read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CI'T'Y OF SAN RAMON B Y: By:'Cfi , air, Boar f upervisors Curt Finney, Mayor ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors And County Administrator By: "" d De y Judy acfarlane, cuy Clerk Recommended for Approval: Recommended for Approval Maurice Shiu Chief Engineer By:J—t By: J ukuda, City Engineer Form Approved: Form p Quad: Victor J. Westman Cou Co sei By: By: - -Dep * j Bob Saxe, City Attorney G:\GrpData\NPDES\BO—Contracts\ Inspection Programl1 st AMEND SUA AGRM`C 04-00.doc Final:3129100 LF:lf/sl By: Herb M niz, City r EXHIBIT "A'" AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER. PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE (NEST COUNTY WASTEWATER. DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM . . . .... .............. ....... .. .. . ... AGREEMENT AMONG THE CONTRA COSTA 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 The Agreement is made this 2000, by � . =�'� - -- day of..���w , and among the Contra Costa County Flood Control and Water�rvation 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2000 Jane 30, 1999 (Plan);,, and WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and Page 1 f WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 (d) To prepare inspection and investigation reports. (e) 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 Carders 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (l) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. Responsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. f=inancial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the Participating Municipality through the District. 3. 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 and updated annually by May 31. 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, Page 5 willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 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. Page 7 r - IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 8 APPENDIX A . �'- AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. —4:00 .p.m. West County Wastewater District 7:00 a.m. — 3:30 p.m. * Monday through Friday, excluding holidays G:\GrpData\NPDES\MIC\CenSan Insp. Program\ Inspection Agmt 3 00 clean.doc Rev:07/24/00 02/28/00 02/29/00 03/24!00 03/28/00 Page 9 EXHIBIT "Bvl PROJECTED BUDGET BREAKDOWN - NUMBER OF INSPECTIONS, AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY ig� ca n Cap ocs gy �g ��`"« �Nom»sem-P fes".P�«y CN4_tCY yF�.✓.... .. ..... q as Cli 5� ro to c t tom: Vu Vr 0r � m 6 wi ci C5 06 b�isi m Vf irti Vol yy ort N V9.to y. LL a N C't�ca.o r. us' as ao t` �� �`vr`swy�at��s�rv9isys $ c g .0 b m ars o f am us as r. as c3 co Ai usarNCV Nv�1rNu�i�� 151 c E � © c r• O aOC> 0 � G� OOOin Ln 5 0 Zo Ln CD In M rvID r mr r r r air. m o N m ti3 N9 b'1 49 w W t!9 vi M c y? rti + Nov Frau vrn a co z ry CL z z CIO ,a 'baa — °' €W J2 a. � a � x: RESOLUTION NO. 2000-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON WHEREAS, the City of San Ramon in conjunction with the Contra Costa County Flood Control and Water Conservation District(District) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water{duality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan June 30, 1999 (Plan)„; and, WHEREAS, the City of San Ramon agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and, WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek have authorized the District to enter into an Illicit Discharge Elimination Program Agreement with local wastewater agencies on behalf of the participating municipalities; and, WHEREAS, it is in the interest of the City of San Ramon to continue participating in this inspection program; and, WHEREAS, the "Stormwater Utility Area Agreement” between Contra Costa County Flood Control and Water Conservation District and each participating municipality delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. Page 1 of 2 d• } u t_ % NOW,THEREFORE BE IT RESOLVED, that the City of San Ramon does hereby resolve as follows: 1. Authorize the Mayor to execute the first amendment to the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean Nater Program Manager. PASSED,APPROVED, AND ADOPTED,this 11`"day of April, 2000 by the following vote: AYES: Councibnembers Hudson, Raab, Tatarka, Wils©n and Mayor Kinney NOES: ABSENT: ABSTAIN: Curt Kinney, Ma r ATTEST: 1 O udy M arlane, Cit lerk t;Lt tki is el � fetal. P2t:4 .zrz.1 .za�ux�t� _any ,+� i .�Ft'ei�,L'utirz :x.(..,,atr.( E�y tlea City C__�<<,z�tl .yfthe Cay 4 y Page 2 of 2 ,-. RESOLUTION NO. 2000-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON WHEREAS, the City of San Ramon in conjunction with the Contra Costa County Flood Control and Water Conservation District (District) and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan June 30, 1999 (Plan)"; and, WHEREAS, the City of San Ramon agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather than establishing new unique inspection programs solely for each municipality; and, WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek have authorized the District to enter into an Illicit Discharge Elimination Program Agreement with local wastewater agencies on behalf of the participating municipalities; and, WHEREAS, it is in the.interest of the City of San Ramon to continue participating in this inspection program; and, WHEREAS, the "Stormwater Utility Area Agreement" between Contra Costa County Flood Control and Water Conservation District and each participating municipality delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. I//�exel-y aextif� M"t t/zes �f ti ,r )in toes tirz 9 tty Page 1 of 2 L� xl r NOW,THEREFORE BE IT RESOLVED, that the City of San Ramon does hereby resolve as follows: 1. Authorize the Mayor to execute the first amendment to the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa Clean Water Program Manager. PASSED, APPROVED,AND ADOPTED, this I 11h day of April, 2000 by the following vote: AYES: Councilmembers Hudson, Raab, Tatarka, Wilson and Mayor Kinney NOES: ABSENT: ABSTAIN: ATTEST: Curt Finney, Ma r l , udy M arjane, Cit Jerk i Page 2 of 2 ul 'S FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF WALNUT CREEK 1 . PARTIES This FIRST AMENDMENT to STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF WALNUT CREED ("FIRST AMENDMENT') entered into on the 19 th- day of April, 2000, is between the City of Walnut Creek, a municipal corporation (hereinafter "CITY"), and the Contra Costa County Flood Control and Water Conservation District, a body, corporate and politic (hereinafter"DISTRICT'). The parties to this FIRST AMENDMENT mutually agree and promise as follows. 2. PURPOSE This FIRST AMENDMENT amends the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK (hereinafter "AGREEMENT) entered into on the 7`h day of December 1999. 3. AMENDMENT The AGREEMENT is amended by adding the following paragraph to the end of Section 7: "CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District and the West County Wastewater District (collectively hereinafter "AGENCIES"), to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter "INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to 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 [STRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM, dated day of 2000, shown as Exhibit "A", as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit "B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT." 4. AMENDMENT The AGREEMENT is amended by adding Section 13, which shell read as follows: "13. This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein." 5. EFFECT Except as expressly modified by this FIRST AMENDMENT, the AGREEMENT shall remain in full force and effect." CONTRA COSTA COUNTY FLOOD CITY OF WALNUT CREEK CONTROL AND WATER CONSERVATION WaTRICT By: By Chair, B f Supervisors Don Blubaugh, City Manager ATTEST: ATTEST: Phil Batchelor, Clerk of the Board of Barbara Rivara, City Clerk Supervisors and County Administrator By: .. )a � De ty Recommended for Approval: Recommended for Approval: J. Michael Walford Tim Tu c Actin ity Engineer Chief Engineer By: By: Form Approved: Form Approved: Victor J. Westman Thomas Haas, City Attorney County Counsel By: BY: Deputy . ................................................................ . __ - .................... -- _ ............................................................................................................................................................................................................................................... ................_........................................ EXHIBIT "An AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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 r A ? k AGREEMENT AMONG THE CONTRA COSTA 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 The Agreement is made this day of ' 2000, 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 nineteen (19) cities and towns in the County of Contra Costa have joined to form the Contra Costa Clean Water Program (Program); and, WHEREAS, the members of the Program were jointly issued National Pollutant Discharge Elimination System (NPDES) Stormwater Permits Nos. CA0029912 and CA 0083313 by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (RWQCBs), respectively; and, WHEREAS, an enforceable component of the NPDES permits is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999 (Plan);" and, WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the Agencies wish to provide services for the Inspection Activities and Illicit Discharge Control Activities, as part of the implementation of the Plan; and, WHEREAS, the Plan has identified long-term goals of eliminating non- stormwater discharges into municipal storm drains and creeks; conducting stormwater inspections of industrial and commercial facilities; controlling illicit discharges by conducting field surveys of the storm drainage conveyance system and identifying and eliminating the sources of non-stormwater discharges; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and, WHEREAS, the Agencies and the District desire to modify the Agencies' existing inspection programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, separate inspection programs to effect the goals of this Agreement; and, Page 1 eft , n 5 , � w WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, Danville, 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, 2002. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. This agreement term is renewable for an additional one-year term by District's Chief Engineer and Agencies General Managers upon written approval by all Participating Municipalities. 2. Termination: Either of the two (2) Agencies may terminate its obligations under this Agreement, in its sole discretion by giving all other parties and Participating Municipalities at least ninety (90) days written notice. District may terminate this Agreement, in its sole discretion, upon giving either or both of the Agencies and Participating Municipalities at least ninety (90) days written notice. 3. Modification: This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified in writing 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 stormwater inspection activities and illicit discharge control inspection activities (inspection activities), subject to the direction of the District, and to bill the costs of the inspection activities to the District. (b) To perform scheduled and other inspections and investigations of industrial and commercial facilities and the exterior of residential properties 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 and shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To perform inspections, investigations and educational efforts described in 4(b) outside the Agencies normal working hours if mutually agreed to by the District, City and the Agencies. Page 2 &/ (d) To prepare inspection and investigation reports. (e) 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. (f) 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. (g) To keep records regarding inspections and investigations accomplished. (h) To train, supervise and manage staff of the Agencies necessary to implement the inspection activities. (i) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to industrial and commercial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the Green Business Program, as requested by the District. 0) To provide comments to the District regarding ordinances necessary to implement the inspection activities. (k) To purchase, operate and maintain all equipment necessary to implement the inspection activities, at the cost of the Agencies. (1) To provide quarterly inspection activities reports to the District. (m) To utilize reasonable efforts to assure that inspection activities are implemented by the Agencies in a uniform manner. 5. Res onsibilities of the District: (a) To recommend that the Participating Municipalities draft and adopt such ordinances and laws as are necessary to effectuate the inspection activities, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Page 3 ................._........... (c) To provide timely input on the scope of the following fiscal year inspection activities during budget discussions, and timely approval of the Agencies' fiscal year inspection activities stormwater program budgets. (d) To recommend that the appropriate Participating Municipality initiate actions against stormwater permit 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 industrial and commercial 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 stormwater permitting program, as appropriate. (h) To make timely payments to the Agencies pursuant to billings for inspection activities 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. (k) To provide quarterly inspection activities and budget summary reports to Participating Municipalities. 6. Communication between District and the Agencies: The Agencies will designate an Inspection Activities Program Coordinator and alternate, subject to the approval of such Coordinator 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 inspection activities to the Inspection Coordinator, for transfer to District for handling and resolution. 7. Financial: The Agencies shall be reimbursed by the District for all appropriate costs of the inspection activities including the actual inspections and related administrative costs. 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 inspection or enforcement activities so that the District may arrange with the involved Participating Municipality(ies) Page 4 122 to provide such 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 inspection activities 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 Agencies' overhead multipliers for the following fiscal year shall be submitted to the District annually by January 31, and approved as part of an annual cost proposed by the Participating Municipalities. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which inspection activities services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the inspection activities 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 inspection activities budget, including individual inspection activities budgets for each of the Participating Municipalities. The District shall have the Participating Municipalities review and approve the inspection activities 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 budgets, absent written consent of the 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 and updated annually by May 31. 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, Page 5 willful misconduct or vehicle accident has resulted in regulatory agencies 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 inspection activities 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, active negligence or willful misconduct." 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 (925) 313-2373 If to the Agencies collectively, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to CCCSD, to: Mr. Barton L. Brandenburg, Pollution Prevention Supt. (925) 229-7361 If to WCWD, to: Jack F. Foley, District Manger (510) 222-6700 11. Arbitration: In the event of a dispute arising under this Agreement, the parties may jointly agree to submit such dispute to non-binding arbitration. In the event Page 6 r 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: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: APPROVED AS TO FORM: By: Attorney Dated: Page 7 APPENDIX A AGENCY NORMAL WORKING HOURS Normal Working Hours* Central Contra Costa Sanitary District 7:30 a.m. — 4:00 .p.m. West County Wastewater District 7:00 a.m. — 3:30 p.m. * Monday through Friday, excluding holidays G:1GrpData\NPDEstBo_ContractM Inspection Prograrnlinspectlon Agmt.doc Final:03/29/00 Page 8 r { / EXHIBIT "B" PROJECTED BUDGET BREAKDOWN - NUMBED. OF INSPECTIONS AND BUDGET FOR EACH PARTICIPATING MUNICIPALITY cli 8: ttfyf d�C�Syy 4if ftj�t 40 `s til 69 i9� � Hf3.� �p !f} M M N r N — N m iIl H V! H, Ni+}y } LL O g � - N c .1 a N u yN 6 C � � t➢ C NNf U � ffi I' f35 F. N V N M CN ry 00 {S fJ 64O1 vhj` M} 07 f� �W(ryy turf p coH� 11 VI UI Q Vl �'j i51� tQ r (O� (Oy �w�. N �Cj tS O 'M r 69 Irl N d!H YT M P N N N !) r N y 40 43 m HVfN Vi yyHVlH Vl VS b C r C C ad G7 0 "• AM1 roti �i `V„ N S. N N f4 Y N to TI M7 or- t5 u d cn U z z as 'v L) e m X98 CL -12 O i 3 s . .5fjo m3 vi CL mi RESOLUTION NO. 00-25 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE STORMWATER UTILITY AREA. AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF'WALNUT CREED: WHEREAS, the City of Walnut Creek, in conjunction with the Contra Costa County Flood Control and Water Conservation District (DISTRICT) and other governmental entities, has been required by the Federal Goveminent and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, an enforceable component of the NPDES Permit is the document entitled "Stormwater Management Plan (1999/2004) June 30, 1999"(Plan); and, WHEREAS, the Plan contains components related to inspection activities at industrial and commercial facilities and illicit discharge control activities; and, WHEREAS, the City of Walnut Creek agrees that the public good is best served by implementing a joint inspection program to encompass inspection activities and illicit discharge control activities, rather then establishing new unique inspection programs solely for each municipality; and, WHEREAS, twelve (12) municipalities, namely, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pleasant Hill, San Ramon, and Walnut Creek desire to authorize the DISTRICT to enter into and perform the terms and conditions of the "AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL & 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" for inspection activities and illicit discharge control activities; and, WHEREAS, it is in the interest of the City of Walnut Creek to continue participating in this joint inspection program; and, WHEREAS, the "STOR.MWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND 'WATER. CONSERVATION DISTRICT AND CITY OF WALNUT CREEK" (Stormwater Utility Area Agreement) delineating the implementation of Stormwater Utility Assessments was entered into on December 7, 1999; and, WHEREAS, the Stormwater Utility Area Agreement needs to be amended to allow the District to administer the inspection program. _ _ __ � Jit r > NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Walnut Creek does resolve as follows: 1. The City Manager is authorized to execute the "FIRST AMENDMENT TO STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND WALNUT CREEK" subject to City Attorney's approval. 2. Three (3) certified copies of this resolution shall be immediately forwarded to the Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 1 Sth day of April 2000, by the following called vote: AYES: Councilmembers: Wolfe, Hicks, Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: Regalia, Rainey /s/ Charlie Abrams Mayor of the City of Walnut Creek Attest: /s/ Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of California, at a regular meeting of said Council held on the 18th day of April 2000. A.A- (7 Cit Clerk of the C y of Walnut Creek TO: BOARD OF SUPERVISORS Contra costa FROM: Victor J. Westman, County Counsel County f DATE: June 6, 2000 SUBJECT: Approval of Contract Amendment with Gordon, DeFraga, Watrous & Pezzaglia, Inc., for Wiedemann Ranch Geologic Hazard Abatement District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION: Approve and authorize the Chair to execute on behalf of the Board of Supervisors (as the Board of Directors) for the Wiedemann Ranch Geologic Hazard Abatement District (the "CHAD"), a contract amendment with Gordon, DeFraga, Watrous & Pezzaglia, Inc., for the provision of specialized expert legal services concerning.particular CHAD matters. 11. FINANCIAL IMPACT: This Contract is funded by County geologic hazard abatement district funds. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: This amendment will allow the continued provision of specialized expert legal services to address particular CHAD matters such as any claimed soil stabilization concerns and their appropriate resolution. r CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR`RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : i ACTION OF B ON JUNE 6, 2000 APPROVED AS RECOMMENDED X OTHER X UNANIMOUS(ABSENT NONE ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED.. JUNE 6, 2000 PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc:County Counsel BY 2Aq9!j,-DEPUTY Risk Management Bill Gray,General Manager c/o County Counsel's Office Gordon, DeFraga,Watrous&Pezzaglia c/o County Counsel's Office { CONTRACT AMENDMENT AGREEMENT (Purchase of Services) t. Identification of Contract to be Amended. Number: N/A Effective Date: January 1, 1998 Department: County Administrator Subject: Legal Services 2. Parties. The County of Contra Costa,California(County), in its capacity as the Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District,and the following named Contractor mutually agree and promise as follows: Contractor: Gordon,DeFraga,Watrous&Pezzaglia, Inc. Capacity: Law Firm Taxpayer ID#94-2293260 Address: P.0. Box 630, Martinez,CA 94553 3. Amendment Dane. The effective date of this Contract Amendment Agreement is January 1,2000. 4. Amendment Speciflcations. The Contract identified above is hereby amended as set forth in the "Amendment Specifications"attached hereto which are incorporated herein by reference. 5. matures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA CALIFORNIA BOARD F SLIP I RS ATTEST: Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By Chairman/Desi a Deputy CONTRA OR. By= .., By la /// Adan DeFraga, ice President; Peter D. Langle , Secretary (Designate business capacity A) (Designate business capacity 13) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and signature B must be that of the secretary or assistant secretary(Civil Code Section 1194 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. y} AMENDMENT SPECIFICATIONS The County Board of Supervisors also serves as the Board of Directors for the Wiedemann Ranch Geologic Hazard Abatement District. Except as herein provided, Contractor hereby agrees to provide legal services to the Wiedemann Ranch Geologic Hazard Abatement District in accordance with all the terms and conditions of the contract(effective date of January 1, 1998) entered into between the County and Contractor. The District's General Manager may assign various requests for particular items of legal services (e.g., opinions, active litigation, etc.) to the Contractor after first obtaining the County Counsel Office's review and approval for each particular item of work. Contractor billings for legal services provided pursuant to this amendment shall be provided directly to the General Manager for review, approval and payment with copies thereof concurrently provided to the County Counsel's Office(attention: David Schmidt). Where an active litigation matter has been assigned,the County's Risk Management Division may be involved to provide related administrative assistance. Contractor shall in a timely manner provide the County Counsel's Office (attention: David Schmidt)with copies of all correspondence(letters, opinions, pleadings, etc.) produced concerning assigned items of work. TLr' BOARD OF SUPERVISORS C440 FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: JUNE 6, 2000 SUBJECT: AUTHORIZE the Public Works Director to execute a Memorandum of Agreement with the Urban Creeks Council of California to provide assistance to property owners with stream related issues, Countywide area(Funding: Unincorporated Clean Water Pro am 100%). SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Public Works Director to execute a Memorandum of Agreement with the Urban Creeks Council of California to provide assistance to creekside property owners with stream related issues,Countywide area(Funding: Unincorporated Clean Water Program 100°l%). Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUNE 6 9 2000 APPROVED AS RECOMMENDED _OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT NONE ) AYES: NOES: I hereby certify that this is a true and correct copy of an action taken and CS:df ABSENT: ABSTAIN: entered on the minutes of the Board of Supervisors on the date shown. G:1GtpData',E.ngSvc\ENVIRO\Program Permits\SMPPV smpplBO.doc Orlg.Div: Public Works(Engineering Services) ATTESTED: JUNE �1 +�. �� Contact: C.Sellgren(313-2246) ! -- Auditor-Controllers once- PHIL BATCHELOR,Clerk of the Board of Supervisors and County M.Avalon,Admin. R.Gilchrist,Accounting Administrator D.Eckerson,Flood Control By ,Deputy SUBJECT: AUTHORIZE the Public Works Director to execute a Memorandum of Agreement with the Urban Creeks Council of California to provide assistance to property owners with stream related issues, Countywide area(Funding: Unincorporated Clean Water Program 100%). DATE: JUNE b, 2000 PAGE 2 II. Financial_Impact: There will be no impact to the County General Fund. The unincorporated County Clean Water Program will provide funds of up to $95,000 annually for a period of two years to the Urban Creeks Council of California to assist in funding this program. Additional funding for this program is corning from the San Francisco Bay Regional Water Quality Control Board. Urban Creeks Council may solicit and receive funds from other local agencies, districts and municipalities in an effort to expand the program to incorporated areas of the County. Unincorporated County Clean Water Program funding will only be expended within the unincorporated county area. III. Reasons for Recommendations and Background: The Urban Creeks Council of California (UCC) has requested that the County provide partial funding to establish a program to provide stream-related assistance for landowners in the unincorporated area of the County who reside along creeks. The program will benefit streamside and other unincorporated area landowners by: ➢ Addressing caller concerns, tracking locations of calls, and developing a database to identify problem areas along creeks in the unincorporated county. ➢ Informing landowners of available resources for stream management. ➢ Educating landowners on stream management practices through workshops and demonstration projects. Y Assisting landowners with stream restoration design, permitting requirements, and construction management. ➢ Coordinating stream issues on a neighborhood-wide basis. The County is willing to assist UCC in this project because their efforts and projects will benefit landowners in the unincorporated area of the County. The Urban Creeks Council has been receiving many calls from individual property owners around the county requesting assistance with problems related to streams on their property or in their neighborhood.These streams are located on private property and are not maintained by the County. UCC is initiating this program to address these concerns and because there is no single resource available to assist landowners with stream-related issues. Stream-related issues are diverse, and include matters such as bank failure, erosion, flooding, pollution, restoration and permits. The County's Stormwater Management Plan emphasizes the importance of a watershed management approach for solving environmental problems. This program will be consistent with the goals of this approach through identification of problems and issues within a localized area of a watershed, involvement and education of affected property owners, and the implementation of appropriate stream management practices and restoration proj ects. IV. Conseguences of legative Action: If this Board Order is not approved, implementation of this program may not be possible by Urban Creeks Council. Residents of the unincorporated County with privately owned and maintained streams on their property would not have this resource available to assist them with stream related issues and problems