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HomeMy WebLinkAboutCC Resolution 9631 (Stormwater Pollution Prevention Program)RESOLUTION NO. 9 6 31 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 AN EDUCATION COORDINATOR FOR THE MSLAJPA'S STORMWATER POLLUTION PREVENTION PROGRAM (MCSTOPPP). BE IT RESOLVED by the Council of the City of San Rafael as follows: The Director of Public Works and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, an agreement with the County of Marin to provide an Education Coordinator 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 151 day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAPINE' M. LEONC , City Jerk us" RIG"l�Al Q�` AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN FOR THE PROVISION OF AN EDUCATION COORDINATOR FOR THE MSLAJPA'S STORMWATER POLLUTION PREVENTION PROGRAM (MCSTOPPP) This Agreement is made and entered into this first (1st) day of July, 1996, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the COUNTY OF MARIN (hereinafter "COUNTY"). RECITALS WHEREAS, both CITY and COUNTY are participants in the Marin Street Light Acquisition Joint Powers Agreement which, among its other duties, has contracted with CITY to provide stormwater pollution prevention program (MCSTOPPP) services to the cities in, and the County of Marin, as required by the Regional Water Quality Control Board ("RWQCB") under its "Basin Plan"; and, WHEREAS, CITY has determined that additional personnel are needed to effectively implement the MSLAJPA's MCSTOPPP program; and, WHEREAS, COUNTY has the capability and the desire to provide this personnel to CITY on a contractual basis; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representa- tive of the CITY for all purposes under this Agreement. Mr. Steven Zeiger, Stormwater Pollution Control Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. COUNTY. COUNTY shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for COUNTY. Mr. Farhad Mansourian is hereby designated as the PROJECT DIRECTOR for COUNTY. 2. DUTIES OF COUNTY. A. COUNTY shall confer with CITY and shall agree upon a waste management employee of COUNTY to serve as an Education 1 ••�6 i Coordinator in the CITY's stormwater pollution prevention program. B. COUNTY shall provide this assistant to CITY for a total of thirty-seven and one-half (371/2) hours per week; said assistant shall report to CITY's Public Works Dept. to perform the services as described in Exhibit "A" herein. C. COUNTY shall provide all employee benefits and worker's compensation benefits for said assistant. 3. DUTIES OF CITY. A. CITY shall provide assistant with a place and materials to perform the duties required herein. B. CITY shall pay COUNTY $40.63 per hour for the service each week. CITY shall pay COUNTY not to exceed this amount, bi-monthly, on the first (1st) and fifteenth (15th) of each month. Actual amount paid to the COUNTY shall be based upon time sheets submitted bi-monthly to CITY by assistant. 4. TERM OF AGREEMENT. The term of this Agreement shall be for twelve (12) months, commencing on July 1st, 1996 and ending on June 30, 1997. On or before June 30, 1997, the parties shall review this Agreement to evaluate the performance of the parties. 5. TERMINATION. After the first six (6) months, either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. In the event this Agreement is terminated, CITY shall pay COUNTY for all work completed prior to the effective date of termination. 6. 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 so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 7. INDEMNIFICATION. CITY, pursuant to G.C. section 895.4, agrees to indemnify, defend and hold harmless COUNTY and COUNTY's assigned assistant appointed hereunder, from any third -party liability imposed for injury (per G.C. section 810.8) occurring by reason of K anything done or omitted to be done by CITY or assistant while working for CITY hereunder, excepting any liability caused by any negligent act or omission of COUNTY. 8. 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: David M. Bernardi, Director of Public Works Public Works Department City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO COUNTY:Mr. Farhad Mansourian, Assistant Director (Project Director) County of Marin Department of Public Works Civic Center, Rm. 304 San Rafael, CA 94913 9. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agree- ment, COUNTY, its officers, agents and employees, including the waste management employee assigned as an Education Coordinator hereunder, shall act in the capacity of an Independent Contractor, and not as employees of the CITY. COUNTY and CITY expressly intend and agree that the status of COUNTY, its officers, agents and employees, including the waste management employee assigned as an Education Coordinator hereunder, be that of an Independent Contractor and not that of an employee of CITY. 10. ENTIRE AGREEMENT -- AMENDMENTS. A. 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. 3 B. This written Agreement shall supersede any and all prior agreements, oral or written, between the COUNTY and the CITY regarding the subject matter of 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 COUNTY and the CITY. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF AN RAFAEL vDAVI'D M. BERNARDI, 7e�?irector of Public Works ATTEST: Citi Clerk _ A City COUNTY OF MARIN r :> B y : FARHAD MANSOURIAN, Assistant Director (Project Director) Department of Public Works 4 MCSTOPPP 1996-1997 Budget Summary MCSTOPPP's draft Action Plan 2000 includes a 5 -year schedule and shows a preliminary division of responsibilities between the MCSTOPPP General Program (staff and consultants), Flood Control District staff and municipal staff. Following the summary budget spreadsheet, additional spreadsheets detail the level of effort and expenditure for each 1996-1997 task. Specific activities, estimated percent of annual full-time equivalent (FTE) and expense budget are listed for Flood Control District staff, MCSTOPPP General Program staff, MCSTOPPP's consultant, and municipal staff. Here is summary of the role of each of these four groups: Flood Control District Staff Per written agreement with MCSTOPPP, the FCD plans to add one technician to its staff and to reallocate in- house staff priorities to accommodate MCSTOPPP. Many Action Plan activities require creek naturalist expertise. About half the naturalists' effort will be development of field protocols and preliminary field assessments of creek reaches. The protocols will focus on identifying problems affecting urban creek habitat (e.g. discharges, siltation, vegetation, debris accumulation) and proposing solutions. The remainder of the naturalists' effort will be coordination with, and training of, municipal staff, volunteers and homeowners. MCST(-)PPP Sta As described in the Action Plan 2000, MCSTOPPP will add a full-time education coordinator. The work effort will be spread between coordinating volunteers (this includes working with the creek naturalist to coordinate volunteer monitors and the homeowner creek stewardship program), educational efforts targeted to specific pollutant sources (e.g. swimming pool owners, home improvement products, horse corrals), and general watershed awareness education (including in -school programs). Consul ant About 40% of EOA, Inc.'s $100,000 budget is needed for preparing MCSTOPPP's annual report and detailed annual plan for submittal to the Regional Water Quality Control Board, and for assisting and advising the Program Manager on regulatory matters. The remaining $60,000 will be expended assisting municipal staff by compiling and analyzing data, preparing training workshops, and by working with municipal staff committees and ad-hoc groups to build local programs. M micinall Staff Under Federal and state water -quality regulations, Marin munciipalities have primary responsibility for implementing programs to reduce the impact of stormwater discharges on creeks, wetlands and the Bay. The MCSTOPPP General Program exists to coordinate municipal activities and to pursue those portions of the mandated program which are more cost-effectively implemented at a countywide level. MCSTOPPP staff and constulatnts provide regulatory perspective and planning advice, but each municipality's staff has ultimate responsibility for implementing the local program and for insuring that the local program is consistent with that of neighboring municipalities. In 1996-1997, the MCSTOPPP General Program will facilitate municipal staff committees, ad-hoc groups and workshops on street sweeping and storm drain maintenance, creek maintenance, development plan review, building plan review and erosion control, commercial/industrial business inspections, ordinance enforcement and environmental education. Development of appropriate committees and assignment of municipal staff is the highest priority for the next few months. Sources of Funds 1996-97 1995-96 Revenues $ 575,003 _ $ 575,003 Encumbered funds not yet expended $ 235,520 $ 104,101 Total $ 810,523 $ 679,104 Uses of Funds MCSTOPPP Staff Salaries (includes benefits 0 30%) Program Manager $ 75,831 Overtime $ 5,400 Education Coordinator (proposed contract County) $ 78,000 Total MCSTOPPP Staff Share of FCD Watershed Program Expenses (1996-1998) (proposed contract with County) Program Consultant MCSTOPPP General Program Overhead Travel and' Conferences $ 2,000 Phone $ 1,000 Office Supplies $ 2,000 Fee Collection Consultant $ 15,000 BASMAA Membership (required) $ 9,242 Total General Program Overhead Direct Program Expenses Caring for Our Creeks $ 56,820 Building and Renewing $ 12,400 Educating Ourselves at Work $ 16,369 Educating Ourselves at Home $ 48,125 SFEI - Kids In Creeks $ 32,000 BASMAA Regional Advertising $ 35,000 Interagency Cooperative Education Projects $ 40,000 Total Direct Program Expenses Regulatory Fees on Behalf of Municipalities (mandator•) Bay Protection/Toxic Cleanup Program $ 16,500 Regional Monitoring Program $ 48,187 Total Regulatory Fees TOTAL 5% Contingency Carryover to following fiscal year J Total Expenditures $ 72,430 $ 5,400 $ 14,400 $ 159,231 $ 178,053 $ 100,000 $ 2,000 $ 1,000 $ 1,000 $ 15,000 $ 9,242 $ 29,242 $ 72,806 $ 35,000 $ 5,000 $ 240,714 $ 16,500 $ 43,806 $ 64,687 $ 771,927 $ 38,596 $ 810,523 $ 92,230 $ 150,000 $ 28,242 $ 112,806 $ 60,306 $ 443,584 $ 235,520 $ 679,104 F.\MN03\12\9697BGT3.XIS 4/25/96 (n -4.-.a' -A' .A' A' -P' P' w b ro - z' by cn 'o C) 00 oo d' 4 y n. o.• m C% m °.- rn cn' u,' W •n' 1,' ' w' w x N' N' < � - � - - y a 7Cn-11mnt" 5: �^ G �>— nto> L�Munt" nwo t" novo n0yo nw °� C7 C7 a °� C 8 d P� o Y a9 - I d O d a d O n o n g a 0 A, p 5 �� �g. 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U O O O O O O b a s u O d O W I ° R 8 Ep Y 9aoo O b u o• � d 9 C7 6 0 ° ° d d ° El c r S c F; 9 o' o 7 q n 7 G O O U '--• O n .o 1 O W I ° R 8 Ep Y 9aoo O b u o• � d 9 C7 6 0 ° ° El W r F; F; w 7. -o n 7 G ro 3 g o d cr °o' 0 S a F 7- _G E. 7 CJL a,� �a,A 0� O n .o 1 " I ° R 8 Ep Y 9aoo ° ?.ro0 a w o 5. u o• � d 9 C7 6 0 ° ° El W r a1 n w 7. -o n 7 G O O O O C 9 2 0 9 9 o n 7 w Q 0 q Miscellaneous Notes on the Preliminary Budget Travel and Conferences includes reimbursement to staff for use of personal vehicles, attendance at occasional technical conferences within the Bay Area on stormwater pollution control and public education, and attendance at one -statewide annual conference on stormwater pollution control. Office Supplies includes some initial costs for miscellaneous office items for the additional staff person, as well as consumable supplies. Office space (valued at $350/month), program oversight, and many miscellaneous expenses are provided courtesy of the City of San Rafael. MCSTOPPP's Fee Collection Consultant compiles parcel and land use data for inclusion of stormwater fees on property tax bills. BASMAA is the acronym for the Bay Area Stormwater Management Agencies Association. This group coordinates programs of regionwide benefit, facilitates information exchange among countywide programs, and develops consistent approaches to interpreting and implementing the Regional Water Quality Control Board's initiatives. MCSTOPPP benefits, in particular, from association with larger and more developed programs in Alameda, Santa Clara, San Mateo and Contra Costa Counties. The BASMAA Regional Advertising Campaign implements a portion of MCSTOPPP's public education program by developing a consistent regionwide message and by purchasing radio, television and print media which reach Marin residents. Steve Zeiger coordinates this campaign for BASMAA. San Francisco Estuarine Institute's Kids in Creeks program trains teachers and enhances primary school curriculum. The program includes field and classroom components and combines education in aquatic biology, ecology and natural history with pollution prevention and environmental awareness. By engaging in Interagency Cooperative Education Projects, MCSTOPPP has been able to leverage the resources of other agencies and community groups to popularize the stormwater pollution prevention message. For example, in 1995, MCSTOPPP worked with CMSA and other agencies to provide EcoMasters, an environmental -education computer game, to Marin schools. The Bay Protection and Toxic Cleanup Program (BPTCP) was created by state legislation and is funded by Bay dischargers, including stormwater dischargers. The municipalities' fees are paid through the MCSTOPPP budget as a convenience. The Regional Monitoring Program (RMP) is administered through the San Francisco Estuarine Institute and provides for long-term monitoring of ambient water quality in the Bay. Like the BPTCP, the RMP is supported by a mandated fee that municipalities pay through MCSTOPPP. 5