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HomeMy WebLinkAboutCC Resolution 9819 (Stormwater Pollution Prevention)RESOLUTION NO. 9 819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE COUNTY OF MARIN FOR THE PROVISION OF A CREEK NATURALIST FOR THE MSLAJPA'S STORMWATER POLLUTION PREVENTION PROGRAM (MCSTOPPP). BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the San Francisco Bay Regional Water Quality Control Board has mandated that all cities and towns within Marin County, and the County of Marin, implement a program to prevent stormwater pollution; and WHEREAS, these agencies have elected to pursue a jointly funded countywide stormwater pollution prevention program through the Marin Street Light Acquisition Joint Powers Authority (MSLAJPA); and WHEREAS, the countywide stormwater pollution prevention program has become known as the Marin County Stormwater Pollution Prevention Program, or MCSTOPPP; and WHEREAS, CITY performs administrative functions of MCSTOPPP on behalf of the MSLAJPA; and WHEREAS, MCSTOPPP's 5 -year Action Plan 2000 contains four elements: Caring for Our Creeks, Building and Renewing, Educating Ourselves at Work and Educating Ourselves at Home; and WHEREAS, the Caring for our Creeks element requires creating and implementing a creek inspection, evaluation and monitoring program involving citizen volunteers, and using the results of creek inspection, evaluation and monitoring to guide and prioritize on-going stormwater pollution prevention and habitat enhancement efforts; and WHEREAS, the DISTRICT has long been the primary agency maintaining and enhancing habitat values in Marin County creeks; and WHEREAS, the DISTRICT has a creek naturalist on its staff, has other staff members with relevant experience and expertise, and will be hiring an additional staff person to assist in District duties set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby authorize the Director of Public Works and the City Clerk to execute, on behalf of the City of San Rafael, an agreement with the �R, 1 01" a County of Marin to provide a Creek Naturalist for MCSTOPPP, a copy of which is hereby attached and by this reference made a part of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 215` day of April, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None E . LEO AIN�ICiMyCleA \\pwserver\alicem\alice's folder\council\zeiger\creek naturalist res.doc AGREEMENT FOR CREEK NATURALIST SERVICES This Agreement is made and entered into this _ G+day of ApgJL , 1997, by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (hereinafter "DISTRICT"). 1 11-101910 IM Ki WHEREAS, the San Francisco Bay Regional Water Quality Control Board has mandated that all cities and towns within Marin County, and the County of Marin, implement a program to prevent stormwater pollution, and WHEREAS, these agencies have elected to pursue a jointly funded countywide stormwater pollution prevention program through the Marin Street Light Acquisition Joint Powers Authority (MSLAJPA), and WHEREAS, the countywide stormwater pollution prevention program has become known as the Marin County Stormwater Pollution Prevention Program, or MCSTOPPP, and WHEREAS, CITY performs administrative functions of MCSTOPPP on behalf of the MSLAJPA, and WHEREAS, MCSTOPPP's 5 -year Action Plan 2000 contains four elements: Caring for Our Creeks, Building and Renewing, Educating Ourselves at Work and Educating Ourselves at Home, and WHEREAS, the Caring for our Creeks element requires creating and implementing a creek inspection, evaluation and monitoring program involving citizen volunteers, and using the results of creek inspection, evaluation and monitoring to guide and prioritize on-going stormwater pollution prevention and habitat enhancement efforts, and WHEREAS, the DISTRICT has long been the primary agency maintaining and enhancing habitat values in Marin County creeks, and WHEREAS, the DISTRICT has a creek naturalist on its staff, has other staff members with relevant experience and expertise, and will be hiring an additional staff person to assist in District duties set forth herein. AGREEMENT Now, therefore, the parties hereby agree as follows: 1. PROJECT COORDINATION 50_� A) The City of San Rafael City Manager shall be the representative of CITY for all purposes under this agreement. The Marin County Stormwater Pollution Prevention Program Manager is hereby designated the Project Manager for CITY and shall supervise all aspects of the progress and execution of this Agreement. B) DISTRICT. The Marin County Flood Control and Water Conservation District Director shall be Project Director and shall have overall responsibility for progress and execution of this Agreement for the DISTRICT. Should circumstances or conditions require a substitute Project Director for any reason, the DISTRICT shall notify CITY within ten (10) business days of the substitution. 2. DUTIES OF DISTRICT DISTRICT shall provide the services listed in Attachment A. 3. DUTIES OF CITY CITY shall perform duties listed in Attachment B. 4. COMPENSATION For performance by DISTRICT of the services described herein, CITY shall pay DISTRICT as described in Attachment C. 5. TERM OF AGREEMENT The term of this Agreement shall be from 4/21/96 until June 30, 1998. Upon mutual agreement of the parties, the term may be extended for additional 1 -year intervals, not to exceed a total term of five years. 6. TERMINATION A) Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B) Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination to the reasonable satisfaction of the party giving such notice, within 30 days of the receipt of such notice. C) Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D) Return of Documents. Upon termination, any and all CITY documents or materials provided to the DISTRICT and any and all of the DISTRICT's documents and materials prepared for or relating to the performance of its duties under this Agreement shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 2 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the DISTRICT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY, which CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, DISTRICT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by the District in connection with performance of Duties under this Agreement. The DISTRICT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to do so assign this Agreement or any rights duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A) During the term of this Agreement, the DISTRICT shall maintain, at no expense to CITY, the following insurance policies: i) A comprehensive general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, or property damage; ii) An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence; B) The insurance coverage required of the DISTRICT by Section l0A shall also meet the following insurance requirements i) The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; ii) The insurance policies shall be endorsed for contractual liability and personal injury; iii) The insurance policies shall be specifically endorsed to include CITY, its officers, agents, volunteers, and employees as additionally named insureds under the policies; iv) The DISTRICT shall provide to the Project Manager (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsement naming CITY, its officers, agents, volunteers, and employees, as additional insureds under the policies. v) The insurance policies shall provide that the insurance carriers shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Project Manager; 3 vi) If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; vii) The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; viii) The insurance shall be approved as to form and sufficiency by the Project Manager and the City Attorney. C) DISTRICT shall maintain workers' compensation and employers' liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both the DISTRICT and CITY against all liability for injuries to DISTRICT's officers and employees. D) The DISTRICT's insurance policies may have a $100,000 self-insured retention. Any other deductibles or self-insured retentions in DISTRICT's insurance policies must be declared to and approved by the Project Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or the DISTRICT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION The DISTRICT shall indemnify, release, defend and hold harmless CITY, its officers, volunteers, agents, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part from, any acts or omissions, intentional or negligent, of DISTRICT or DISTRICT's officers, agents, volunteers and employees in the performance of their duties and obligations under this Agreement. The CITY shall indemnify, release, defend and hold harmless DISTRICT, its officers, volunteers, agents, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part from, any acts or omissions, intentional or negligent, of CITY or CITY's officers, agents, volunteers and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION Both partners shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS The DISTRICT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. DISTRICT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. DISTRICT shall release, defend, indemnify 4 and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. The CITY shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CITY shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CITY shall release, defend, indemnify and hold harmless DISTRICT, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES DISTRICT and CITY do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owned by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Steven Zeiger, Program Manager of MCSTOPPP, the Marin County Stormwater Pollution Prevention Program City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO DISTRICT: Rick Carlsen, Director Marin County Flood Control and Water Conservation District Department of Public Works P.O. Box 4186 San Rafael, CA 94913-4186 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, DISTRICT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of CITY. DISTRICT and CITY expressly intend and agree that the status of DISTRICT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT — AMENDMENTS The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. A) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the DISTRICT and CITY. B) No other agreement, promise or statement, written or oral, relating to the subject matter to this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. C) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the DISTRICT and CITY. D) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS DISTRICT agrees that CITY may deduct from any payment due to DISTRICT under this Agreement, any monies which DISTRICT owes CITY for its obligation to fund MSLAJPA's MCSTOPPP Program. 19. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver or any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. APPLICABLE LAW The laws of the State of California shall govern this Agreement. r� IN WITNESS WHEREOF, the parties have executed this Agreement as of the Day, Month and year first above written. CITY OF SAN RAFAEL Dir%ct:or of Public Works ATTEST: ��--4 AA. qty Clerk APPROVED ORM: City Attorney MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Name: Title: 7 ATTACHMENT A SCOPE OF SERVICES Following is a list of planned creek -naturalist -related activities. Both parties acknowledge that it will not be possible for District to perform all of the tasks listed below during current fiscal year. Accordingly, task priorities and level of effort for each task will be developed through ongoing coordination between City and the District. The District is committed to the continuing development of the Action Plan 2000 and to the identification of specific goals for District participation. Beyond those tasks that District is already performing, District will not take on any of the tasks listed below until the necessary staff is in place. District shall perforin the following duties as specified in the City's Draft Action Plan 2000. 1 B Develop pilot assessments of selected creek reaches and assist City to assess how data gathered from pilot assessments can be used to prioritize municipal activities 1 C Adapt or develop protocols and manuals to guide public agency staff and volunteers in inspecting and maintaining creeks 2A Develop a coordinated plan for long-term volunteer monitoring of creeks 213 Coordinate program/provide program for a workshop on creek monitoring techniques 2C Conduct field trials with volunteers to develop protocols and assess training needs 2D Assist City to develop a database structure for volunteer creek inspection and monitoring data 3A -3E Assist City with Program Planning, Focus Groups and Educational/Training Materials for Homeowner Stewardship Program 4A Establish Working Group with City and County Parks and Open Space 413 Participate in the Parks and Open Space Group task of identifying new creek - related recreational amenities 1513 Consult with cities and towns regarding their CIP programs for projects that affect creeks 5C Consult with cities and towns regarding water quality (401) certification 713 Assist City to develop criteria and format for reporting creek -maintenance activities 9A -9B Assess opportunities for using GIS for managing creek -related data Other activities in support of City X1 Attendance and participation at MCSTOPPP staff meetings X2 Support for other Action Plan 2000 components (Building and Renewing, Educating Ourselves at Work, Educating Ourselves at Home X3 Assistance and advice to municipalities on specific creek -related problems (outside existing FCD easements) Al REVISED, 1/20/97 ATTACHMENT B DUTIES TO BE PERFORMED BY CITY • To cooperate with District in the District's performance under the terms of this Agreement. • To compensate District pursuant to the provisions of Section 4 of this Agreement. B1 REVISED 5/31/96 ATTACHMENT C Compensation In consideration of the services described in Attachment A, City shall pay the District an amount not to exceed $87,500 (eighty-seven thousand five hundred dollars) per year. Actual compensation will be based on time and materials, calculated as follows: • Labor, calculated as gross salary and the cost of benefits normally provided by the District to its employees, but not including supervision or other indirect costs. • Direct expenses incurred in carrying out the work described in Attachment A, but not including the normal costs of maintaining District offices, travel or communications, or indirect costs. District shall invoice City not more frequently than monthly. Invoices shall list personnel (name and title), hourly rate, number of hours worked, and some indication of the work performed. C] REVISED, 5/31/96