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
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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.
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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.
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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
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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
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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)
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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.
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