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HomeMy WebLinkAboutCC Resolution 9645 (Stormwater Management & Discharge Program)RESOLUTION NO. 9 6 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH CENTRAL MARIN SANITATION AGENCY (CMSA) ENFORCING THE CITY OF SAN RAFAEL STORMWATER MANAGEMENT AND DISCHARGE PROGRAM. 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 CMSA for the provision of enforcing the Stormwater Management and Discharge Program, 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 15" day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro kI.-MILEO , i Clerk DRIGINA vQ4 RECEIVED AGREEMENT AUTHORIZING CMSA TO ENFORCE CITY OF SAN RMA 11996 STORM WATER MANAGEMENT AND DISCHARGE PROGRAM CENTRAL MAR{N 5ANlTATI0N AGENCY This agreement between the City of San Rafael, herein "CITY", and the Central Marin Sanitation Agency, herein "CMSA", is entered into on this 15th day of JULY , 1996, at San Rafael, California. RECITALS WHEREAS, the City of San Rafael has enacted Ordinance No. 1672, establishing a Storm Water Management and Discharge Control Program pursuant to the "Basin Plan" mandated upon Marin County and its Cities by the California Regional Water Quality Control Board; and WHEREAS, section 9.30.030B.1 of the Storm Water Ordinance authorizes the Director of Public Works to designate "authorized enforcement officials" to enforce the regulatory provisions of the Storm Water Ordinance; and WHEREAS, the Central Marin Sanitation Agency (CMSA) already enforces provisions of the Health and Safety Code relative to sewer discharges and therefore has the manpower and equipment for enforcement of the Storm Water Ordinance; and WHEREAS, the Director of Public Works desires to coordinate enforcement efforts in the area of storm water pollution prevention and illicit sewer discharges; and WHEREAS, the CMSA has the ability to, and has expressed a willingness to enforce the City's Storm Water Ordinance. NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The Director of Public Works shall be the representative of the CITY for all purposes under this agreement. The Storm Water Pollution Prevention Program 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. The current PROJECT MANAGER is Steven Zeiger, Assistant Civil Engineer. B. CMSA. CMSA shall assign a single have overall responsibility for the progress Agreement for CMSA. Tom Rose, Technical is PROJECT DIRECTOR for CMSA. Services Engineer 1 PROJECT DIRECTOR to and execution of this hereby designated as C. Should either party change its PROJECT COORDINATOR, that party shall notify the other party within ten (10) days of the effective date of the change. 2. DUTIES OF CMSA. CMSA shall perform the duties and/or provide the services as detailed in Exhibit "A" attached hereto and incorporated herein. 3. DUTIES OF CITY. CITY shall perform the duties and/or provide the services as detailed in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full and complete performance of the services described herein by CMSA,, CITY shall pay CMSA as detailed in Exhibit "B" attached hereto and incorporated herein. 5. TERM OF THE AGREEMENT. The term of this Agreement shall be for five (5) years, commencing on JulX 1 , 1996 and ending on June 30, 2001 , XNNN. Unless terminated pursuant to the provision of section 6., below, this Agreement shall automatically renew for an additional one year term. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon sixty (60) days written notice given to the other party pursuant to the notice provision of this Agreement. 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 notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said 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 CMSA and any and all of CMSA'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. COPIES OF DOCUMENTS. Any written documents generated by CMSA in .connection with its performance of its duties under this Agreement, shall be copied and forwarded to CITY's PROJECT MANAGER within ten (10) days of preparation. CMSA shall maintain the original documents in its custody and shall make same available to CITY within a reasonable time upon CITY's request. 8. INSPECTION AND AUDIT. Upon reasonable notice, CMSA shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CMSA in connection with its performance of its duties under this Agreement. CMSA 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 so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. To the extent that it has insurance, during the term of this Agreement, each party shall maintain, at no expense to the other, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; B. The insurance coverage required of the parties by section 10. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by that partyand shall not call upon the other party's insurance or coverage for any contribution; 2. The insurance policies shall be endorsed for contractual liability and personal injury; 3. The insurance policies shall be specifically endorsed to include the other party, its officers, agents, volunteers, and employees as additionally named insureds under the policies; 4. Each party shall provide to the other party, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming the other party, its officers, agents, volunteers, and employees, as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to the other party; 6. 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; - 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by the City Attorney. C. If it employs any person, a party shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both parties against all liability for injuries to a party's officers and employees. D. It is understood and acknowledged that CITY has no liability insurance, is self-insured for the first $500,000.00 of each occurrence, and participates in an excess liability pool, with other entities, (the California Joint Powers Risk Management Authority [CJPRMA]) which will provide coverage from $500,001.00 to $1,000,000.00 for purposes of this Agreement. CITY will request CJPRMA to name CMSA as an additional insured for purposes of this Agreement. 11. INDEMNIFICATION. A. CMSA shall indemnify, release, defend and hold harmless CITY, its officers, agents, volunteers, and employees, against any claim, demand, suit, judgement, 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 CMSA or CMSA's officers, agents, volunteers, and employees in the performance of their duties and obligations under this Agreement. 4 B. CITY shall indemnify release, defend and hold harmless CMSA, its officers, agents, volunteers, and employees, against any claim, demand, suit, judgement, 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. CMSA 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. CMSA 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. CMSA shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CMSA shall release, defend, indemnify 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. 14. NO THIRD PARTY BENEFICIARIES. CITY and CMSA do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed 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: Steve Zeiger (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 944915-1560 5 TO CMSA: Tom Rose, Technical Services Enqineer (Project Director) Central Marin Sanitation Aq_ency 1301 Andersen Drive San Rafael, CA 94901 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CMSA, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CMSA and CITY expressly intend and agree that the status of CMSA, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. 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. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CMSA and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CMSA and the CITY. E. 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. 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 6 deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATT(�f?NFY' 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. 20. APPLICABLE LAW. The laws of the State of California shall govern this Agree - ment. IN WITNESS WHEREOF,'the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL DAVID M. BERNARD= Director of Public Works ATTEST: n JEANNE M. LEONC ENI, City Clerk FORM: �ARY�./GGiiIAN City Attorney �/ Y Y (csr/crosa agreement/revised 5-14-96) 6 CENTRAL MARIN SANITATION AGENCY By: rl" Name: Phillip L. Frye Title: General Manager memo to: file March 27, 1996 from: Tom Rose, Bob Adamson ter. March 28. 1996 Subject Proposed Exhibits A and B -- storm water agreement w/ San Rafael EXHIBIT A The City's Director of Public -Works, by execution of this agreement designates the Industrial Waste Inspectors of CMSA as "authorized enforcement officials" for purposes of Chapter 9.30 of the Municipal Code of the City of San Rafael. 2. The City of San Rafael shall retain management responsibilities for the storm water programs. CMSA Industrial Waste Inspectors shall defer to the San Rafael program coordinators and the City Attorney concerning the issuance of citations for misdemeanors and the administration of court -imposed remedies such as criminal prosecution, nuisance abatement;, and injunctions. CMSA Industrial Waste Inspectors shall be authorized to arrest or cite, however, they shall not personally take individual violators into physical custody as part of an arrest CMSA personnel shall be required to cooperate and participate in enforcement actions initiated by themselves. They are required to record circumstances of arrest and to provide testimony and available evidence. 4. Copies of arrest citations shall be sent to the City of San Rafael program coordinators and to the courts. CMSA shall notify the City of San Rafael Storm water Program Manager, Project Manager, and/or City Attorney as soon as practicable of any arrest situations more serious than an infraction and coordinate arrest actions with those City representatives from that point in time. S. They City of San Rafael shall provide training for the issuance of citations to CMSA personnel and shall provide opportunities to CMSA personnel to attend monthly meetings involving enforcement officials from building code enforcement, fire prevention code enforcement, and others. EXHIBIT B I. No compensation for CMSA staff time used for the enforcement of storm water regulations will be provided by the City of San Rafael. The purpose in extending this enforcement authority is to increase the effectiveness of the CMSA Industrial Waste program. Enforcement by CMSA personnel will be largely incidental to their enforcement of industrial waste regulations. 2. San Rafael will pay for all routine sample testing ordered by CMSA Industrial Waste Inspectors pursuing the enforcement of storm water regulations. r` i Sc:PR_:RAC-r"Ir� :'.'R;1'. TRIMEI".