HomeMy WebLinkAbout07-21-1999 Agenda Item 7CSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. ~ ~'~
MEETING DATE: JULY 21,1999
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR.: n
DEPT. HEAD:
SUBJECT: APPROVAL OF THE REVISED MEMORANDUM OF AGREEMENT FOR THE
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION
PROGRAM, AND RESOLUTION TO REAPPLY FOR REISSUANCE OF THE
CITY OF SARATOGA'S MUNICII'AL STORM WATER NPDES PERMIT.
R .cnmm .nded Mntinn(sl;
1. It is recommended that the City Council authorize the City Manager to sign the revised
Memorandum of Agreement (MOA) providing for the implementation of the Santa Clara
Valley Urban Runoff Pollution Prevention Program (Program) on behalf of the City.
Approval of this MOA would continue the City's participation in the Program, formerly the
Santa Clara Valley Nonpoint Source Pollution Control Program, for the purpose of
complying with the City's separate municipal storm sewer system Nation Pollution Discharge
Elimination System (NPDES) permit requirements, pursuant to the federal Clean Water Act.
2. It is recommended that the City Council approve the resolution to reapply for reissuance of
the City's storm water NPDES permit.
On March 21, 1990, the City Council approved Resolution No. 2638 authorizing the City to enter
into an Agreement providing for the Implementation of the Santa Clara Valley Nonpoint Source
Pollution Control Program (Agreement). This Agreement joined the City of Saratoga, the twelve
other cities in Santa Clara County, Santa Clara County, and the Santa Clara Valley Water District
together as "Co-permittees." The Agreement allowed these entities to jointly apply for, and
implement, their NPDES storm water permits and outlined area-wide programs that benefited all
Co-permittees including cohesive program planning, water quality monitoring, and outreach and
education programs. The term of the Agreement was five years with an automatic renewal
provision upon the agreement of the Co-permittees. Saratoga's share of the Program's annual
budget was set at 1.59% under the cost share provision of the Agreement. The Program was
managed by a "Program Management Committee" (Management Committee) composed of
representatives of each agency with the Water District acting as the Program Administrator and
Fiscal Agent.
In August 1995, the San Francisco Bay Regional Water Quality Control Board (Regional Board)
re-issued the Co-permittees' NPDES permit for municipal storm water discharges, in the second
round of permits under the 1987 Clean Water Act Amendments. The Regional Board's direction
shifted Program compliance activities away from planning into local program implementation.
Under the new permit provisions, the City and other Co-permittees were required to develop and
implement individual Urban Runoff Management Plans (Plans) with specific programs to be
carried out at the local level.
In May 1997, the Water District notified the Management Committee of its intention to resign as
Program Administrator. In response, the Management Committee issued a Request for Proposals
and, through a competitive bid process, selected EOA, Inc. to serve as Program Manager. The
use of a contract Program Manager has improved Program efficiency and cooperation among Co-
permittees. In April 1999, the Management Committee approved the extension of EOA, Inc.'s
contract through FY 00-01.
The Program is currently preparing to apply for its third NPDES permit. Under this permit, the
Co-permittees will continue to implement and annually evaluate and improve their Plans, while
participating jointly in activities that are most efficiently implemented region-wide. State law
requires that the application be submitted no later than December 21, 1999. The Management
Committee and Program Manager have prepared the necessary application.
The Program has become anation-wide model for NPDES storm water permit compliance.
Nevertheless, the Co-permittees recognized that the shift of permit requirements from planning
to local implementation meant that the Program needed to be restructured to better align its
purposes with that of the new permit. Re-evaluation of the existing Agreement was timely and
provided an avenue to ensure that Program activities would better benefit the Co-permittees. In
the years since the first agreement was adopted, the annual budget for the Program has grown
from $900,000 in FY 90-91 to approximately $2.7 million in FY 96-97. In the current fiscal year
(FY 99-00), the Program budget is approximately $2.2 million.
In an effort to evaluate the Program, a subcommittee made up of representatives from the
District, the Cities of San Jose and Sunnyvale, and West Valley Communities (Campbell, Los
Gatos, Monte Sereno, and Saratoga), developed a revised MOA using the following goals:
1. Ensure the continued systematic and orderly compliance with permit requirements.
2. Increase Program performance and promote efficiency by providing an opportunity to
contract out administrative tasks where costs could be reduced.
3. Allow cost-share savings to be redirected into local program implementation.
The Water District's resignation as Program Administrator resulted in additional revisions to the
MOA to clarify the role and oversight of the Program Manager and the District's role as
Contracting Agent and Fiscal Agent.
The revised MOA incorporates the goals identified above and restructures the Program to
conform to operations under a contract Program Manager. The MOA clearly sets forth the
purpose of the Program, its tasks and responsibilities, membership, decision-making process and
ground rules for participation. The amended Bylaws, attached for information, further define the
specific processes for Program operation, budgeting, and reporting. The documents have been
thoroughly reviewed by the Management Committee representatives and the legal counsels of the
Co-permittee agencies, including the City Attorney. Management Committee members have
agreed to bring the MOA to their respective Boards and Councils prior to the December 16, 1999
Management Committee meeting. Once all Co-permittees have signed, the MOA will be
submitted to the Regional Board as part of the NPDES Permit Reapplication due December 22,
1999. Council's approval of the revised MOA would continue the City's participation as a Co-
permittee and provide for orderly and systematic compliance with the area-wide provisions of the
NPDES permit for storm water discharges.
The Memorandum of Agreement was developed in cooperation with the Co-permittees of the
Santa Clara Valley Urban Runoff Pollution Prevention Program. MOA development was
coordinated with the City Attorney and the final version was reviewed by the City Attorney.
None. The permit application represents a continuation of the storm water pollution control and
prevention activities that are currently being implemented and the F Y 99-00 budget contains
funds for the Program's associated costs.
Nothing additional.
The revised MOA would not be signed and the City would have to apply for issuance of the storm
water NPDES permit independently.
The MOA and Resolutions will be forwarded to Santa Clara Valley Urban Runoff Pollution
Prevention Program.
1. Resolution to Reapply for Reissuance of its Municipal Storm Water National Pollutant
Discharge Elimination System (NPDES) Permit.
2. Resolution to sign and execute Memorandum of Agreement for Implementation of SCV
Program.
3. SCV Program Memorandum of Agreement and Bylaws, dated October 19, 1999.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF SARATOGA TO REAPPLY FOR
REISSUANCE OF ITS MUNICIPAL STORMWATER NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
WHEREAS, the U.S. Environmental Protection Agency, under amendments to the 1987
Federal Clean Water Act, imposed regulations that mandate local governments reduce to the
maximum extent practicable that amount of pollutants in storm water discharged from municipal
storm drain conveyance systems, and;
WHEREAS, under authority of California Porter-Cologne Water Quality Control Act, the
State Water Resources Control Board and its Regional Boards have been delegated the authority
to adopt NPDES permits and waste discharge requirements for municipal stormwater discharges,
and;
WHEREAS, the San Francisco Bay Regional Water Quality Control Board's Water
Quality Control Plan specifically requires that all municipalities in Santa Clara County that
discharge storm water to San Francisco Bay and the Santa Clara Valley Water District (District)
have municipal storm water NPDES p°rmit coverage and;
WHEREAS, the San Francisco Bay Regional Water Quality Control Board adopted an
NPDES permit (CAS029718), Order No. 95-180, on August 23,1995 for the municipalities in
Santa Clara County and the District, as described above, and;
WHEREAS, the adopted NPDES permit requires that the municipalities in Santa Clara
County and the District reapply for reissuance of their municipal stormwater NPDES permit by
December 21, 1999, and;
WHEREAS, the Santa Clara Valley Urban Runoff Pollution Prevention Program's
(SCVURPPP) Management Committee has compiled the necessary information and prepared the
application package for NPDES reissuance, and;
WHEREAS, the permit application represents a continuation of the storm water pollution
prevention and control activities that are currently being implemented and associated costs.
NOW THEREFORE, BE IT RESOLVED by the City Council of Saratoga that:
1. The City of Saratoga hereby agrees to reapply to the San Francisco Bay Regional Water
Quality Control Board for reissuance of its municipal storm water NPDES permit; and
2. The City of Saratoga commits to implement it's Urban Runoff Management Plan and the
area-wide components of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP) Urban Runoff Management Plan and requests that the SCVURPPP's Manager
sign and submit the NPDES Permit Application Package to the San Francisco Bay Regional
Water Quality Control Board as part of the reapplication for NPDES permit reissuance, and
3. The City Clerk is hereby directed to forward a copy of this Resolution to the SCVURPPP's
Manager.
Permit_Reap_Resolution 10/27/99
RESOLUTION 99-_
Page 2 of 2
I hereby certify that the foregoing Resolution was duly and regularly introduced and
adopted at a meeting of the City Council of Saratoga held on , 1999 by the
following roll call vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST:
Mayor
City Clerk
Permit_Reap_Resolution 10/27/99
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF SARATOGA TO RENEW ITS
MEMORANDUM OF AGREEMENT FOR IMPLEMENTATION OF
URBAN RUNOFF PROGRAM UNDER THE MUNICIPAL STORMWATER
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
WHEREAS, the U.S. Environmental Protection Agency, under amendments to the 1987
Federal Clean Water Act, imposed regulations that mandate local governments reduce to the
maximum extent practicable that amount of pollutants in storm water discharged from municipal
storm drain conveyance systems, and;
WHEREAS, under authority of California Porter-Cologne Water Quality Control Act, the
State Water Resources Control Board and its Regional Boards have been delegated the authority
to adopt NPDES permits and waste discharge requirements for municipal stormwater discharges,
and;
WHEREAS, the San Francisco Bay Regional Water Quality Control Board's Water
Quality Control Plan specifically requires that all municipalities in Santa Clara County that
discharge stormwater to San Francisco Bay and the Santa Clara Valley Water District (District)
have municipal stormwater NPDES permit coverage and;
WHEREAS, the San Francisco Bay Regional Water Quality Control Board adopted an
NPDES permit (CAS029718), Order No. 95-180, on August 23,1995 for the municipalities in
Santa Clara County and the District, as described above, and;
WHEREAS, the City of Saratoga is a Co-permittee to the municipal stormwater NPDES
Permit issued as described above, and;
WHEREAS, the City of Saratoga has previously entered into an agreement to jointly fund
the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified
pollutants and develop control measures to mitigate or reduce nonpoint source pollution, and to
be commonly referred to as the Santa Clara Valley Nonpoint Source Program (Program), and;
WHEREAS, the adopted NPDES permit requires that the municipalities in Santa Clara
County and the District reapply for reissuance of their municipal stormwater NPDES permit by
December 21, 1999, and;
WHEREAS, the permit application and Memorandum of Agreement (Agreement)
represents a continuation of the storm water pollution prevention and control activities that are
currently being implemented and associated costs.
NOW THEREFORE, BE IT RESOLVED by the City Council of Saratoga that:
The City of Saratoga hereby agrees to renew the Memorandum of Agreement and authorizes
the City Manager to sign the Memorandum of Agreement for continued participation, in
terms of cost and administrative responsibilities under its municipal storm water NPDES
permit; and
2. The City Clerk is hereby directed to forward a copy of the signed and executed Agreement to
the SCVURPPP's Manager.
MOA Resolution 10/27/99
RESOLUTION 99-_
Page 2 of 2
I hereby certify that the foregoing Resolution was duly and regularly introduced and
adopted at a meeting of the City Council of Saratoga held on , 1999 by the
following roll call vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST:
Mayor
City Clerk
MOA Resolution ~ 10/27/99
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between the SANTA CLARA VALLEY WATER DISTRICT
(DISTRICT), a local public agency of the State of California;_C.OUNTY OF SANTA CLARA,_
a po{itical .subdivision of the State of California; CITY OF CAMPBELL, a municipal
corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of
the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of
California; TOWfd OF LOS ALTOS HILLS, a municipal corporation of the State of
California; TOWN OF LOS GATOS, a municipal corporation of the State of California;
CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a
municipal corporation of the State of California; CITY OF PALO ALTO, a municipal
corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the
State of California; CITY OF SANTA CLARA, a municipal corporation of the State of
California; CITY OF SARATOGA, a municipal corporation of the State of California; and -
CITY OF SUNNYVALE, a municipal corporation of the State of California.
Ali of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or
individually as "PARTY."
RECITALS: _.
A. The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan);
adopted by the California Regional Water Quality Control Board, San Francisco Bay
Region, in implementation of the Federal Clean Water Act, required that PARTIES
develop a program to control pollution from urban runoff, or nonpoint sources of
water pollution in the Santa Clara Valley. - ___
B. In furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have
previously entered in#o a series of agreements to jointly fund the cost of preparing an
action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and
develop control measures to mitigate or reduce nonpoint source pollution.
Collectively, the measures undertaken pursuant to the previous agreements and
anticipated to continue pursuant to this Agreement, were known as the Santa Clara
Valley Nonpoint Source Pollution Control Program and upon execution of this
agreement henceforth shall be known as the Santa Clara Valley Urban Runoff
Pollution Prevention Program (hereinafter called "Program").
C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33
U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities
to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the
76075 4 MOA JRG:MGD 10/19/99
SCVURPP~ MEMORANDUM OF AGREEMENT
Page 2 of 13
discharge of stormwater to navigable waters. NPDES permits are also required under
Section 402 (p) for any stormwater discharge which the-Federat Environmental
Protection Agency (EPA) or a State has determined contributes to a violation of a
water quality standard or is a significant contributor of pollutants to surface waters.
D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES
---- perm+#-applications for stormwater discharges. The-EPA promulgated such
- regulations in November 1990. _ -
E. The EPA has delegated authority to the-California State Water Resources Control
Board (SWRCB) to administer the NPDES permit process witbia California and, in
turn, the SWRCB has delegated authority to the California Regional Water Quality
Control Board -San .Francisco Bay Region (RWQCB-SFBR) to administer the
NPDES permit process within its region.
F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR
adopted the following orders further defining the program that the PARTIES are to
develop and implement:
1. Order No: 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990;
and
- 2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23, 1995.
G. Intend for the mutual interest of the PARTIES, the PARTIES wish to continue the
Program by entering into this Agreement for the purpose of ensuring continued __
participation, in terms of cost and administrative responsibilities. ---
H. DISTRICT is a local public agency of the State of California duly organized and -
existing within the County of Santa Clara. The County of Santa Clara is a political
subdivision of the State of California. All other PARTIES are municipal corporations,
duly organized and existing under the laws of the State of California.
The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in
Santa Clara County. The Program is required, as part of its NPDES permit, to
develop and implement a Watershed Management Measures Strategy. The Urban
Runoff Management Plan of the Program contains the Program's Watershed
Management Measures Strategy. This strategy, consistent with the NPDES permit,
coordinates Program activities with the WMI to develop and implement cost-effective
approaches to address specific urban runoff pollution problems. The Program,
through a continuous improvement process, annually reviews the strategy.
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SCVURPPP MEMORANDUM OF AGREEMENT _ _ age 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREES FOLLOWS:
Section 1. Santa Clara Valley Urban Runoff Pollt~#ion Prevention Program _
1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program
("Program") is hereby continued as the Santa Clara Valley Urban Runoff Pollution
_ Prevention Program to fulfill the requirements of NPDES Permit No. CAS02S718 as it
exists, may be mod+fied, or may be reissued in the future (hereinafter referred to as
"NRDES Permit"). _
1.02 The Program is a collective effort and implementation of area-wide activities,
designed to benefit all PARTIES. --- -
Section 2. Management Committee
2.01 A Management Committee is hereby reconstituted to provide for overall
Program coordination, review, and budget oversight, with respect to the NPDES
Permit.
2.02 The Management Committee may as necessary adopt and revise Bylaws for
its governance. -
2.03 The Management Committee is the official management and oversight body
of the Program. The Management Committee shall direct and guide the Program
and review and approve the Program Budget. The Management Committee shall
consider permit compliance, including benefit to a majority of the PARTIES, as a
primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee may periodically re-evaluate and make
- recommendations to the PARTIES concerning reallocation of the proportion of the
annual Program contribution that each PARTY shall pay.
2.05 The voting membership of the Management Committee shall consist of
one designated voting representative from each PARTY. An alternative
__ voting representative may be appointed by each PARTY. The RWQCB-
SFBR may appoint anon -voting representative and .alternate to the
Management Committee.
2.06 A quorum of the Management Committee shall be achieved-when at
least nine (9) voting representatives, including at leastone (1) representative
from each of City of~an Jose and Santa Clara Valley Water District, are
present at any Management Committee meeting. --
2.07 Meetings of the Management Committee, including any closed sessions
with Program Legal Counsel, shall be conducted in accordance with the "Brown Act"
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SCVURPPP MEMORANDUM OF AGREEMENT
Page 4 of 13
(Government Code Section 54950 et seq.) The individual parties have differing
opinions on_whether the Brown Act legally should be interpreted as applying to
members of the Management Committee. In executing this Agreement, the parties
do not waive their right to take the position that the Brown Act legally dots not
apply, but voluntarily agree to follow Brown Act procedures for Management
Committee meetings. Except for official meetings of the Management Committee,
-nothing herein shall be interpreted to require meetings betweer~staff members of
the individual Parties (including designated representatives of the Parties) to be
subject to the Brown Act, where the Brown Act would not otherwise apply. -.Each
party is individually_responsible for ensuring that it complies with the Brown Act.
2.08 The affirmative vote of at least eight (8) voting members of the
Management Committee, which collectively contribute at least fifty percent (50%) of
the area-wide Program costs (a "Majority Vote"), is necessary to approve any
measure brought before the Management Committee.
_ 2.09 The Management Committee shall be responsible for selecting any
consultant(s) or contractor(s) who are to be paid from Program funds ("Outside
Contractors"), using a process approved by the Contracting Agent, and for
reviewing and approving~ny contracts with Outside Contractors, including the
~- scope(s) of work, schedules of performance, use of subcontractors, and
compensation for such Outside Contractors.
2.10 The Management Committee shall select a PARTY or Outside Contractor
to act as Program Manager for the Program. The Program Manager shall be
responsible for Program management and administration, Permit management, and
technical program management all in accordance with the NPDES Permit, this
Agreement, Program Bylaws, and as directed by the~llanagement Committee in the
best interest of the PARTIES as a whole and individually. The Program Manager
shall be paid, from Program funds in accordance with the adopted Program budget,
for providing the services described hereunder. The Program Manager shall not be
responsible for_providing program management services related to individual
PARTIES permit programs, but may provide such services under separate contract
with any PARTY or PARTIES.
2.11 The Management Committee may select an attorney (Program
Attorney) or firm that is experienced with-the Clean Water Act and Municipal
Stormwater NPDES Permits to provide legal advice to the Management
Committee on all matters involving administration of the Program's NPDES
permit and such other matters upon which the Management Committee may
seek legal advice or request legal representation. Program Legal Counsel
shall not be responsible for providing legal advice related to permit
compliance to individual PARTIES, but may provide such services under
separate contract with any PARTY or PARTIES. The Program Manager may
76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 5 of 13
assisf in coordination of activities with the Program Attorney but shall not give
direction without prior authorization#rom the Management Committee:
-- 2.12 The Management Committee shall establish timelines and budgets for
_ completion of Program tasks. The Management Committee shall rate the __
performance of the Program and in turn rate the performance of the Program
Manager, based upon the Program's ability to meet such approved timelines and
budgets.
2.13 The Management committee, through its Bylaws, may establish
procedures for tracking, accounting for, and auditing the Program Fund.
Section 3. Program Budget
3.01 A collective budget for the Program (Program Budget) shall be based
upon a projection of two consecutive fiscal year cycles, however, the Budget shall
be adopted for only one fiscal year cycle. The Budget shall include a _
Contingency/Reserve Fund which shall not exceed ten percent (10%) of the
operating costs of the adopted Budget.
3.02 The PARTIES sha11 each pay a yearly assessment into a fund established
for Program operations for their assigned portion of the Program Budget. The
proportionate share of the Program Budget that each PARTY shall pay is shown in
the schedule marked Exhibit-A hereto and incorporated by reference herein.
-= 3.03 Except as provided in Section 6.03, the ending fund balance at the close
~- of each fiscal year shall be disbursed annually to the PARTIES, or credited to the
PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES
defined participation rates, as requested by each PARTY.
Section 4. Contracting/ Fiscal Agent _- -
4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the
Program. __
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the
provision of ninety days (90) days written notice to the Management
Committee.
4.03 In the event that the Contracting/Fiscal Agent withdraws from the
Program or from providing~ontracting/Fiscal Agent services to the Program,
another PARTY may serve as a successor Contracting/Fiscal Agent. Any
PARTY willing to serve as successor Contracting/Fiscal Agent may be
nominated by another PARTY. Selection of a Contracting/Fiscal Agent must
be by majority vote of the Management Committee.
76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMOR,4NDUM OF AGREEMENT Page 6 of 13
4.04 The Contracting/Fiscal Agent shall~ct in a reasonable amount of __
time to execute contracts with Outside Contractors, including the Program
Manager, which have been requested and approved by the-Management
Committee.
x.05 The Contracting/Fiscal Agent shall be the treasurer of Program
funds. The Cor~tracting/Fiscal Agent, in accordance with generally accepted
accounting procedures, shall keep the Program funds segregated from any
other funds administered by the Contracting/Fiscal Agent; shall credit the
Program with appropriate interest income earned on Program funds in each
fiscal year; and shall not expend any funds-except in accordance with the
annual budget approved by the Management Committee or as otherwise
directed by the Management Committee. --
4.06 The Contracting/Fiscal Agent shall provide a copy of any contract
executed on behalf of the Program to any PARTY or person designated by
any PARTY or the Management Committee upop request. The governing
body_of the Contracting/Fiscal Agent, at its-di:scr•etion, may delegate authority
to execute agreements and contracts approved by the Management
Committee, to a designated employee. Notice of any such delegation of
authority shall be provided to the Management Committee. __
4.07 The ContractinglFiscal Agent may request, as part of the annual
Program Budget, reimbursement for reasonable and customary costs
_ incurred in providing the services described hereunder. Reimbursement to
the Contracting/Fiscal Agent shall be subject to Management Committee
review and approval as part of the Program Budget.
- Section 5. Ancillary Rights and Duties of the Parties
5.01 In addition to the participation in the Management Committee, the
PARTIES accept and agree~e-perform the following duties:
1. -Each will comply with the NPDES Permit conditions set forth in its
Community-Specific plan;
2. Each will participate in Management Committee meetings and other
required meetings of the PARTIES;
`~ - 3. Each will implement its Community-Specific program;
4. Each will provide certain agreed upon reports to the Program for
purposes of reporting, on a joint basis, compliance with applicable
provisions of the NPDES Permit and the status of Program
~-" 76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT
implementation; and
Page 7 of 73
5. Each will individually address inter-agency issues, agreements-br-
other cooperative efforts.
5.02 This Agreement does not restrict the PARTIES from the ability to
individually (or collectively) request NPDES Permit modifications and/or initiate
NPDES Permit appeals for permit provisions to the extent that a provision affects an
individual party (or~roup of PARTIES); however, a- ny such PARTY (or PARTIES) -
shall make reasonable efforts to provide advance notice of their action to the other
PARTIES_and allow them to comment upon or jein in their action before proceeding.
Section 6. ~ Term of Agreement
6.01 The term of this Agreement shall commence on the date the last duly
authorized representative of the PARTIES executes it.
6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARTY may terminate its participation in this Agreement by giving
the Chair of the Management Committee at least thirty (30) day written notice. The
terminating PARTY will bear the full responsibility for its compliance with the
-__ NPDES Permit commencing on the date it terminates its participation, including its
compliance with both Community-Specific and Program-wide responsibilities.
Unless the termination is scheduled to be effective at the close of the fiscal year in
which the notice is given, termination shall constitute forfeiture of all of the
terminating PARTY's share of the Program Budget, for the fiscal year in which the
termination occurred (both paid and obligated but unpaid amounts). In addition,
- unless notice of termination is provided at least ninety (90) days prior to the date
established by tf'ie Management Committee for approval of the budget for the
succeeding fiscal year, termination shall constitute forfeiture of all of the terminating
_ PARTY's share of any unexpended, unencumbered funds remaining from-all
previous fiscal years. The cost allocations for the remaining PARTIES' may be
recalculated for the following fiscal year by the PARTIES without-the withdrawing
PARTY's participation.
Section 7. General Legal Provisions - -
7.01. This Agreement supersedes any prior agreement among all the PARTIES
regarding the Program, but does not supersede any other agreements between any
of the PARTIES.
7.02 This Agreement may be amended by unanimous written agreement of the
PARTIES. All PARTIES agree to bring any proposed amendment to-this Agreement
to their Council or Board, as applicable, within three (3) months following
acceptance by the Management Committee.
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SCVURPPP MEMORANDUM OF AGREEMENT - Page 8 of 13
7.03 This Agreement may be executed and deliveFed~in~any number of copies
("counterpart") by the PARTIES, including by means of facsimile. When each
PARTY has signed and delivered at least one counterpart to the Program, each
counterpart shall be deemed an original~nd, taken together, shalt constitute one
and the same Agreement, which shall be binding and effective as to the PARTIES
-- hereto:
7.04 No PARTY shatl, by entering into this Agreement, participating in the
Management Committee, or agreeing-t~-serve as Fiscal Agent, Contracting Agent,
Program Manager, and/or Legal Counsel, assume or be deemed__to assume
responsibility for any other PARTY in complying with the requirements of the
NPDES Permit. -This Agreement is intended solely for the convenience and benefit
of the PARTIES hereto and shall not be deemed to be for the benefit of any third
-party and may not be enforced by any third party, including, but not limited to, the
EPA~the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or
in their stead.
- --~
7.05 In lieu of and notwithstanding the pro rata risk allocation which might
otherwise be imposed between the PARTIES pursuant to Government Code Section
895.6, the PARTIES agree that aft losses or liabilities incurred by a PARTY shall not
be shared pro rata but instead the PARTIES agree that pursuant to the Government
erode Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and
hotd harmless each of the other PARTIES from any claim, expense or cost, damage
or liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of the negligent acts of omissions or willful misconduct of the
indemnifying PARTY, its officers agents or employees, under or in connection with
or arising from any work, authority or jurisdictions delegated to such PARTY under
this Agreement, including but not limited to any non-compliance by a PARTY with .its
obligations under the Program NPDES Permit. No PARTY, nor any officer, board
member, employee or agent thereof shall be responsible for any damage or liability
incurred by reason of the negligent acts or omissions or willful misconduct of the
other parties hereto, their officers, board members, employees or agents under or in
connection with or arising from any work, authority or jurisdictions delegated to such
PARTY under this Agreement, including but not limited to any non-compliance by a
PARTY with its obligations under the Program NPDES Permit.
7.06 In the event that suit shall be brought by either party to this
contract, the Parties agree that venue-shall be exclusively vested in the state
courts of the County of Santa Clara, or where otherwise appropriate,
exclusively in the United States District Court, Northern District of California,
San Jose, California.
///
76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT --Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this ~reement as of the
dates shown below. --
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date: --- APPROVED AS TO FORM:
By: - _ By. ---
Chair, Board of Directors General-Counsel _
_ ATTEST: -.__..
By: Date:
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
- Date: APPROVED AS TO-FORM:
By. -- By.
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF
Date:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name: -
Title:
76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMOR~4NDUM OF AGREEMENT - Page 10 of 13
CITY OF --
Date: APPROVED AS TO FORM: _ -
By: - BY~
Name: Name: _-
Title: Title:
CITY OF -
Date: APPROVED AS TO FORM:
By: - - By:
Name : Name : __
Title: Title. -
CITY OF __
APPROVED AS TO FORM:
Date: --
By: By:
Name: _ Name:
Title: Title:
CITY OF
-Date: --- --
By:
Name : --
Title:
~~ 76075_4 MOA
APPROVED AS TO FORM:
By:
Name:
Title:
JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT
CITY OF
- Date:
Page 11 of 13
APPROVED AS TO FORM: --
By: By: --
Name: Name:
Title: - Title:
CITY OF ~ ---
Date: - APPROVED AS TO FORM:
sy: - By:
Name: Name: _
Title: Title: -
CITY OF _
Date: - APPROVED AS TO FORM:
By: By:
Name: Name:
Title: Title: -
CITY OF
Date: _ ~ APPROVED AS TO FORM:
By: -- By:
Name: Name:
Title: Title:
1
76075_4 MOA
JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT - Page 12 of 13
CITY OF - - - _
Date: APPROVED AS TO FORM:
By. --
Name:
Title:
By:
Name:
Title:
CITY OF
Date:
By: -----
Name:
Titte:
APPROVED AS TO FORM:
By: _
Name:
Title:
CITY OF
Date:
APPROVED AS-TO FORM:
-- By:
Name:
- Title:
CITY OF
Date:
13y. _ -
Name:
Title:
76075_4 MOA
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title:
JRG:MGD 10/19!99
SCVURPPP MEMORANDUM OF AGREEMENT Page 13 of 13
EXHIBIT A -
SANTA CLARA VALLEY URBANl~UNOFF POLLUTION PREVENTION PRC~4M
SCHEDULE OF-COST-SHARING PROPORTIONS
Jurisdiction Pro aortional Share
Campbell. 1.88%
Cupertino 2.46%
~~ Los Altos 1.59%
Los Altos Hills - 0.43%
Los Gatos - 1.74%
Milpitas 2.75%
Monte Sereno 0.14%
Mountain View 3.91.010
Palo Alto 4.06%
Santa Clara 6.23%
- Saratoga 1.59%
Sunnyvale 7.25%
Santa Clara County 5.94% "
Subtotal 39.97°l°
San Jose 30.01
District 30.02%
TOTAL -- 100.00%
76075_4 MOA
JRG:MGD 10/19/99
Santa £tara Valley
Urban Runoff
Pollution Prevention Program
BYLAWS
October 19,1999
Santa Clara Valley
Urban Runoff Pollution Prevention Program
BYLAWS -
TABLE OF CONTENTS paAe
ARTICLE I MANAGEMENLCOMMITTEE ..........................................................................1
100 Name of Committee
110 Voting Membership of the Management Committee
120 Office of the Management Committee --
130 Meeting of Management Committee .___-
131 Conduct of Meetings
1.32 ChairNice Chair of the Management Committee
133 Written Record of Meeting
134 Matters for Agenda
135 Voting -
136 Representation of Program --
__ 137 Review and Revision of Bylaws and Policies
ARTICLE II THE PROGRAM .................................................................................................3
200 Program Manager
ARTICLE III BUDGET ..............................................................._.............................~............4
300 Budget Structure -
__ 310 Review of Cost Share Allocation
320 Budget Cycle
330 Budget Funding
340 Budget Reconciliation _ -
ARTICLE IV CONTRACTING.........Y..T ...................................................................................6 --
400 Consultant Selection
401 _ _ Request for Contracting Services
420 Contract Amendments
BYLAWS OF THE
_ SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
ARTICLE I MANAGEMENT COMMITTEE
Section 100 Name of Committee --
The official management and oversight body of the Santa Clara Valley Urban Runoff Pollution
Prevention Program ("Program"), as established by "Agreement Providing for Implementation of
the Santa Clara Valley Urban Runoff Pollution Prevention Program° (°AgreemenY') ,shall be known
and referred to in these Bylaws as the Santa Clara Valley Urban Runoff Pollution Prevention
Program Management Committee "Managerent Committee.")
Section 110 Voting Membership of Management Committee
The voting membership of the Management Committee consists of one designated representative,
or designated alternate, of each of the Parties to the Agreement- ("Co~ermittee(s)").
Section 120 Office of the Management Committee
120.1 The official office-and mailing address of the Management Committee shall be that of
the Contracting/ Fiscal Agent, as shown on Attachment I.
120.2 Copies of all correspondence to the Program shall--be provided by the
Contracting/Fiscal Agent to the Chair of the Management Committee and the
Program Manager.
Section 130 Meeting of the Management Committee i
The Management Committee shall hold regularly scheduled meetings to discuss Program business
each third Thursday of the month. In the case of cancellation, the Program Manager will post
notice and inform each Management Committee representative of the cancellation one week prior
to the regular meeting date. Except as otherwise may be provided by Co-permittees, the regular
meeting time and place of the Management Committee shall be:
9:00 a.m. - 12:00 p.m. ---
Sunnyvale City Hall
West Conference Room
456- West Olive Avenue
Sunnyvale, California 94088
Section 131 Conduct of Meetings
131.1 The elected Chair shall preside over Management Committee Meetings. In the
event the Chair is unable to attend the meeting, the order of substitution shall be
first, the Vice-Chair, and second, the Program Manager.
131.2 The latest edition of Robert's Rules of Order may be consulted to provide guidance
to tFie Management Committee in the, event a question is raised regarding
procedural matters. -
131.3 Public participation in Management Committee meetin~c s is encouraged and shall be
recognized in general accordance with applicable Brown Act provisions.
Section 132 ChairNice Chair of the Management Committee
The Chair and Vice Chair of the Management Committee shall be selected from among any of the
voting representatives. The Chair and Vice Chair shall be nominated and voted for annually in
separate motions by the Management Committee.
Section 133 Written Record of Meeting
The Program Manager shall keep a written record of all Management Committee proceedings and
votes ("Minutes") Minutes shall be approved by the Management Committee.
Section 134 Matters for Agenda
134..-1 _ Proposed action items shall be directed to the Program Manager as early as
possible and at least two weeks prior to the Management Committee meeting at
_ which action will be requested, except for urgency or emergency matters, as defined
under Government Code Sections 54954.2(b) and 54954.5 (the Brown Act).
134.2 Notification of Management Committee agendas shall be provided in accordance
with the Brown Act. Agendas shall be posted by the Program Manager at the
regularly scheduled meeting venue.
134.3 At each Management committee meeting, the regular order of business shall be
conducted in accordance with the Agenda. The Management Committee, by
majority vote, may rearrange the order of the items listed on the agenda at any
meeting.
Section 135 Voting
All voting by the Management Committee shall be by "Ayes" and "Noes," and shall be entered into
official minutes of Management Committee proceedings. Upon request of any member of the
Management Committee, a ro11 call vote shall be taken-on any matter upon which a vote is called.
Unless a roll call vote is requested, official recording of Management Committee votes shall be
either "passed" or "failed."
Section 136 Representation of Program
The Management Committee may designate the Program Manager or a Co-Permittee to represent the__
Program ~ r~etings or organizations as needed. The designated Co-Permittee shall be responsible_for
making the necessary reports to the Management Committee. -
Section 137 Review and Revision of Bylaws and Policies
Bylaws and Policies may be reviewed, .revised and/or modified by the Management Committee upon
request by any Co-Permittee or recommendation of the Program Manager.
ARTICLE II THE PROGRAM
Section 200 Program Manager
200.1 The Management Committee shall select a Program Manager to provide
administrative and management services for the Program. The Management
- Committee shall be responsible for establishing tfie scope of services and task
objectives for the Program Manager, including but not limited to: _
200.1.1 The Program Manager shall facilitate Program activities that are assigned
by the Management Committee.
200.1.2 The Program Manager, as the day-to-day agent for the Management
Committee, shall be prepared to provide technical recommendations
and/or opinions on the course of action(s) undertaken by the Program or
_ by individual Co-Permittee(s) on behalf of the Program as a whole. The
Program Manager shall not be responsible for providing program
management services related to individual Co-Permittee(s) programs, but
__ may provide such services under separate contract with any Co-
Permittee.
200.1.3 The Program Manager shall maintain all current correspondence, minutes
and other Management Committee records.
200.1.4 The Program Manager shall make all correspondence known and
available to the Management Committee within forty-five (45) days, or as
directed by the Chair of the Management Committee.
200.1.5 The Program Manager shall be responsible for preparation, justification,
and production of the annual budget in accordance with Article III.
--200.1.6 The.Program Manager shall follow Policy and Procedural guidelines
approved by the Management Committee in fulfilling its management,
oversight, and review functions. The Program Manager shall maintain
these Policies and Procedures in a Manual for the Program.
76077_3 Bylaws -- 3
200.2 The Program Manager shall provide official representation of the Management -
Committee at-organizations or functions as directed by the Management Committee.
200.3 The Program Manager may entertain requests for contract service to provide
additional support to individual Co-Permittee(s). Individual Co-Permittee(s) shah be
solely responsible for the payment of any fees or costs associated with such
additional support services. All such contract work must be reported by the Program
Manager to the Management Committee..
200.4 The Program Manager, or other person designated by the Management Committee,
shall, on an annual basis, audit the Program and its activities on behalf of the-Co-
Permitteesr- T1e audit will provide the basis for the evaluation of performance of the
tasks and (area-wide) functions approved-for inclusion in the Program by the
Management Committee and shall be submitted to-the Management Committee in
September of each year.
200.5 The Program Manager shall provide aself-audit report whichincludes significant
accomplishments, those items planned but not accomplished and feedback
regarding Program status, for submittal to the Management Committee in May of
- each year.
ARTICLE III BUDGET
Section 300 Budget Structure
300.1 The Program budget shall be based upon a projection of two cc~secutive fiscal year
cycles; however, the Budget_shall be adopted by the Management Committee each
year for the forthcoming fiscal year.
300.2 The Budget shall b~ormatted in a clear and concise manner, such that all
expenditures, revenue and adjustments to the budget are detailed by project and
line item (i.e., numerical reference and narrative description). - ___
300.3 In addition to an end-of-the-year budget report, all expenditures, reallocation of funds
or movement of monies shall be documented in quarterly budget updates to the
Management Committee.
76077_3 Bylaws 4
300.4 The Budget shall address operational Program tasks/projects separate from
supplemental or contractual services provided on a fee for service basis. Movement
of monies between individual line items shall be according to commonly accepted
governmental practices. No movement of monies between tasks shall be made
without prior approval by the Management Committee. Details for the budget
structure and an-angement shall tre established by Management Committee policy.
300.5 The Budget shall include aContingency/Reserve Fund which shall not exceed ten
percent (10%) of the adopted $udget's operating costs. __
Section 310 Review of Cost Share Allocation
310.1 The Management Committee shall review the proportionate Co-Permittee cost share
allocation upon formal written request by any Co-Permittee(s) no more frequently
than once annually. The written request must be delivered to the Management
Committee between June 1 and August 31 of any given year and any modification to
the costshare allocation shall be effective no earlier than the following fiscal year.
-- -.~
310.2 The formal written request shall also include an analysis of alternative cost share
- allocation formulas with a recommendation and rationale for the recommendation.
The requesting Co-Permittee(s) is/are also responsible for providing staff liaison and
a proposed process and time schedule for review and analysis of the cost share
allocation.
Section 320 Budget Cycle
The annual budget cycle shall be as follows:
August -Prepare final End of Year Budget Report [for past fiscal year]
including Fourth Quarter Budget Update [activity report];
September -Invoice Co-Permittees for current assessment;
_ -Prepare next fiscal year Budget Report, projected-fiver next two
consecutive fiscal years
- Deadline to add proposals to nest fiscal year Budget
October -Propose next fiscal year Budget to Management Committee;
- Prepare First Quarter Budget Update ,
December -Approve next fiscal year Budget [Management Committee];
- Prepare Semi-Annual Budget Reconciliation Report for current fiscal
__ year and adjust current fiscal year Budget;
January -Initiate grant activity
February -Prepare Second Quarter Budget Update
76077_3 Bylaws $
April -Propose End of Year Budget Report for current fiscal year and
adjust next fiscal year Budget;
__ -Approve final adjusted- Budget for next (upcoming) fiscal year _.
[Management Committee]; -
- Prepare Third Quarter Budget Update
Section 330 Budget Funding
330.1 Funding of Program tasks shall be provided by Co-Permittees and shared in
accordance with previously defined participation rates found in the Agreement.
Budget expenditures-shall not exceed_ projected Co-Permittee assessment
revenues. --- _
330.2 The Management Committee may approve the implementation of special projects
with independent funding options; however all required matching funds or additional
contributions to be made by the Program (e.g., contract administration, reporting,
staff review) must exist or be included within the approved Budget. '
330.3 Invoicing for assessment of Co-Permittees shall occur on an annual basis, generally
in September of each year in accordance with the adopted Program Budget.
Section 340 Budget Reconciliation _ .
The Program Manager shall reconcile the budget at least twice each year. The reconciliation shall detail
_a11 revenue, expenditures, projected canyover funds, and refunds to Co-Permittees.
ARTICLE IV CONTRACTING
Section 400 Consultant Selection
--The Management Committee will adopt a consultant selection process which is acceptable to the
contracting agent.. The process will establish _a maximum duration for non-competitive (re-authorized)
award of contracts.
Section 410 Request for Contracting Services
The Management Committee will issue a formal request for contracting services to the Contracting Agent.
This request must be approved by a majority vote and include all appropriate supporting documents (final
Scope of Work, final approved budget, etc).
Section 420 Contract Amendments
Contract amendments whose budgets exceed 100% of the original budget will be opened up to outside
contractors using the adopted consultant selection process.
76077_3 Bylaws __ 6
ATTACHMENT 1
Office of Management Committee/ Santa Clara Valley Urban Runoff Pollution
II Contracting Fiscal Agent Prevention Program
c/o General Manager
Santa Clara Valley Water District
= -- 5750 Almaden Expressway --
" San Jose, CA 95118
1