HomeMy WebLinkAboutC33550 - Muni Strmwtr Implmntatn Cost-Shrng Agmt Contract No. C33550
CiTY OF PALM DESERT
PUBLIC WORKS
STAFF REPORT
REQUEST: AUTHORIZE THE MAYOR TO EXECUTE THE MUNICIPAL
STORMWATER IMPLEMENTATION AND COST-SHARING
AGREEMENT
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: May 8, 2014
CONTENTS: Agreement
Recommendation
By Minute Motion, authorize the Mayor to execute the Municipal
Stormwater Implementation and Cost-Sharing Agreement.
Backqround
As part of the Federal Clean Water Act, public agencies are required to obtain an urban
stormwater discharge permit referred to as the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) to regulate the
discharges to the agencies' stormwater systems when conducting construction
activities. The City has long been a co-permittee with the Riverside County Flood
Control and Water Conservation District (District), the County of Riverside, the
Coachella Valley Water District, the City of Banning, and eight other Coachella Valley
cities and shares the same NPDES MS4.
Under the NPDES MS4 permit, municipalities are required to enter into an
Implementation Agreement (Agreement) with the agencies that manage the regional
and local stormwater facilities. The Agreement between the aforementioned
co-permittees establishes the responsibilities of each party concerning compliance with
the NPDES MS4 permit.
On June 27, 2013, the City Council approved an amendment to the Implementation
Agreement for City Council approval. This Agreement served as an interim agreement
until the new NPDES MS4 permit was adopted.
Contract No. C33550
Staff Report
Authorize the Mayor to Execute the Municipal Stormwater Implementation Agreement
Page 2 of 2
May 8, 2014
The current NPDES MS4 permit was adopted on June 20, 2013. The permit does not
go into effect until June 20, 2014 when the Storm Water Management Plan (SWMP) is
approved by the California Regional Water Quality Control Board. The attached
Implementation Agreement replaces the interim agreement and will be in effect until
2018.
Fiscal Analvsis
The cost for the stormwater programs administered by the District for the Whitewater
River Region NPDES is estimated to be $869,680. Based on population, the City's
share is approximately $59,939.33. When the Fiscal Year 2014-15 budget was
prepared staff included an estimate of $60,000. Because the District's estimate is not
final, staff will address any additional funding needed at mid-year. Please note that the
costs for the mandatory programs and services would be considerably higher if the City
were to elect not to share costs with other agencies.
Prepared By: Depart d:
Bo Chen, .E., ity Engineer Mark Gr e wood, P.E.
Director of Public Works
�_ CITY COUNCIL A�'ION
APPROVED DF,NiED
Paul S. Gibson, Director of Finance
RECEIVED OTHER
MrET G DAT � � � � -
�vrs: �nl � rn /�
�p�roval: Nocs:f ° -�- _ '
G A135F,NT:
� A[3STAIN:
V�?iliF[ED I3Y: �
hn M. Wohlmuth, City Manager pi•i;�inal on i�'ile witl� City cr c's Office
1 MUN[CIPAL ST'ORMWATER IMPLEMENI�A'I'ION ANU COST-$HARIN�i AGR�EM�NT
(California Rcgional Watcr Quality Control }3oard —
2 Colorado River Basin Rcgion)
�
�
4 This Municipal Stormwatcr Implcmentation and Cost-Sharing Agreement
5 ("Agrcement"), dated June 20, 2014, by and bet�a�een the RIVERSIDE COUNTY FLOOU
6 CON"I'ROL AND WATER CONSCRVA`I'ION I�ISIRIC"C ("UISTRICT"), thc COUN"fY OF
� RIVERSIUE ("COUNTY"), the COACHF.LI.,A VALLEY WAT�R I�IS�1'RICT ("CVWll"), and the
� C:ITIES of�f3ANNIN(i, CATHEDRAL CITY, COACI�ELI.A, I�ESF.RT }-IOT SPRINGS, INI�IAN
y WELLS, INI�IO, LA QUINTA, PALM UESERT, PALM SPRINGS and RANCHO MIIZA(iE
�� ("CITiL'S") (all, individually, "PAIZTY" and collcctivcly, "PARTIES") to cstablish the
11 responsibilities of cach PAR"I'Y concerning certain compliance and financial responsibilities in
�2 connection with requirements relating to storm���ater as established under thc (ederal Clean Water
�3 Act, 33 U.S.C. 1342 " "
� (p) ( CWA ) and California law, including the National Pollutant I)ischarge
14 L��mination S stem "NPDES" Munici al Se arate Storm Sewcr S stem ` MS4" Permit issued b
Y- � ) P' F� Y� ( ` ) Y
�5 the California Regional Water Quality Control Hoard - Colorado Rivcr Rasin Region ("CRWQCf3-
16 CRB" ursuant to Ordcr No. R7-2013-001 1 the "2013 PERMI�I�"
) p ( ), is entered into by and between
�� thc PARTIF,S with respect to the follo��-ing:
1� RLC1�'/1LS
��� A. WI-IEIZEAS, Congress in 1987 added Section 402(p) to the f�ederal Clean Water
2�� 11ct, ���hich requires cerlain MS4 operators to obtain NPUES Pernlits bcfore discharging storm�vater
�1 into navigable watcrs; and
22 I3. WHF.REAS, the United States Environmental Protection Agency ("CPA")
23 promulgated regulations tor MS4 Permits in November 1990; and
24 C. WHEREAS, �ursuant to the CWA, EPA has authorircd C:alifornia, through thc
25 California State Water Resources Control I3oard ("SWRCI-3") and the ninc Regional Water Quality
2E' Control Lioards to administer the NPUES Permit pragram within the State; and
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1 D. WHF.R��AS, the Regional Watcr Quality Control Boards are auth��ri7ed to
2 administer NPDES Permit programs within thc boundaries ol�their respective rc�ions; and
3 F,. WHEREAS, on Novembcr 21, 2012, I�IS'I'RICT, COUN�I�Y, CVWI) and
4 CI��IES reapplied f��r an area-���ide NPDES MS4 Pennit in accordance ���ith the previous NPUES
5 MS4 Permit (Order No. R7-2008-0001, NPUES No. CAS617002) ���hich expired on May 21, 2013
6 ("2008 Permit"); and
7 F. WHEREAS, the CRWQCF3-CR13 issued the 2013 PERMIT' to I)ISTR[C"T',
8 COUNTY, CVWU and CITIF.S on Junc 20, 2013 as Ordcr No. R7-2013-001 1; and
9 G. WHERL.AS, the 2013 PCRMIT designates DISTRICT and COUN�'Y as
l0 Principal Permittees and UISTRICT, COUNTY, CVWD and CITIES as Permittees; and
1 I H. WHF,REAS, pursuant to Section E ot� the 2013 PERMI'I', the PARTIES will
12 continue to implement the 2008 Permit and the existing 201 l Storm Water Management Plan until a
13 revised Storm Waier Management Plan ("SWMP") is approved by the CRWQCF3-CRF3. Such
14 SWMP is to be submitted to the CRWQCI3-CRI3 on or before June 20, 2014; and
15 1. WI-IEREAS, the 2013 PERMIT requires the UISTRICI�, COUNTY, CVWD
16 and C[T[ES to perform and/or cxecute certain activities and responsibilities; and
17 J. WHEREAS, DIS�RICT and CVWD have agreed to pertorn� and/or undertake
18 certain activities in order to facilitate implementation of the 2013 PF,KMI�' requirements as well as
19 othcr reyuirements rclated to municipal storm���ater; and
20 K. WHCREAS, the PARTIES agrec thal cooperation bct�i�ecn, and sharing of costs
21 among, the DIS"I'RICT, COUNTY, CVWU and C1�'1F,S in the administration and implementation
22 of the 2013 PERMIT and requircd programs and actions undcr thc 2013 PERMIT, as wcll as othcr
23 municipal stormwater programs, are in the best interest ot�all PAR`r1ES; and
24 I.. WHEREAS, the PARTIES have entered into previous agrecments to share costs
25 and responsibilities of compliance ���ith prior NPI)ES MS4 Permits and municipal storm��-ater
26 programs, and wish to enter into a similar agrcement with respect lo the 2013 PERMIT and other
27 municipal stormwater programs.
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1 NOW, THEREFURI�, the PARTIES do mutually agree as ti�llo��s:
2 l. Incorporation of 2013 PERMII'. �'he 2013 PERMIT is attached to this
3 Agreement as �;xhibit A and is hereby incorporated by reference in iis entirety and made a �art of
4 this Agreement.
5 2. Incorporation of Federal and State Laws. All applicable Federal and State laws
6 and regulations in effcct at the Etfective l�ate (as deiined in Sectic>n 22 of this Agreement), and as
7 may hereafter be amended during the term of this Agreement, shall govern this Agreement. In any
8 conflict bet���cen the terms of this Agrcement and the provisions of such laws and regulations, the
9 lattcr shall control.
10 3. Responsibilitv i��r 2013 PCRMIT RecLuirements. Each PARTY shall be solely
1 1 responsible t��r compliance with the requirements or the 2013 PERMIT within lhe limits of its
12 jurisdiction or as othcrwisc rcquircd by the 2013 PERMIT of that PARTY. All PARTIES shall
13 timely comply with such require►nents of the 2013 PERMIT.
14 4. Allocation of Costs for 2013 PERMIT and other Munici�al Stormwater
15 RecLuiremcnts. 'I'he PARTIES agree that the costs oi' the responsibilities identitied bclow shall
16 constitute "SHARED COSTS" (as defined in Section 5, below) to be divided and allocatcd among
17 the PARTIES as set torth in Section 5:
18 A. Public Education and HA7MA7� Tcam. The DISIRIC�I� shall, at its
19 discretion and in coordination with thc other PAR"rIHS, perform and/or
20 coordinate activitics associated �vith 2013 P�RMIT Part F.l.a.x��i relating
21 to FIA7.MAT 1�eam responses and Part F.l.f«�ith regard to regional public
22 education issues and the County I�HW Program.
23 B. Moni�oring. I)IS1'RICT and CVWD shall perform and/or coordinatc I)ry
24 and Wet Weather Recciving Water and nry and Wet Wcather MS4 Outfall
25 monitoring as required by 2013 PERMI"l� Parts L.7 through I..10, except
26 that any monitoring performed pursuant to a follow-up Illicit
27 Connection/Illegal I)ischarge ("IC/ID") investigation, as described in 2013
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1 PERMI�r Parls F.l.a.ix and I,.lO.A, shall be conducted only by thosr
2 PAR"I�IES located ���ithin the tributary area where an IC/li� incident has
3 occurred and t��llow-up investigation is required. I)ISTRICC and CVWD
4 may, at their mutual agreemcnt, implement alternative approaches t��r
5 sample collection, including use of CONSULTANTS (as deiined below),
6 rcassigning monitoring sitcs bet���ccn DISTRICT and CVWll, or othcr
7 allernative approaches intended to facilitate 2013 P�RMIT compliance.
8 "l�he UIS�I'RIC'I''s and CVWU's responsibilitics hereunder shall include, hut
9 not be limitcd to, the selection of�2013 PERMIT sampling sitcs (subject to
10 approval by the CRWQCE3-CItI3), the collection ot� samples in accordance
11 �vith 2013 PEKMIT Parts L.7 through L.lO.D, and the submission o1�
12 samples to approved laboratories. nIS1�RICT shall be responsiblc for the
13 conduct of special studics, as reyuired in 2013 PERMI`I� page 86. CVWU
14 shali bc reimbursed for its SHAREU COS'rS associated with samplc
15 collection and laboratory analysis through the application of an equivalent
16 credit to���ards CVWI)'s fiscal year Cost-Share amount, as described in
17 Section 5.
18 (1) Notwithstanding any other provision in this Agrcement, the CITY
19 oI� COACI ICLLA shall be solely responsible tor all duties and costs
20 associated with the performance of Coachella Valley Stormwater
21 Channcl 13acteria lndicators TMUI_ ("CVSC TMDL") Phasc 1
22 Monitoring (2013 PEIZMI"I' Part G, pagcs 58-59, and Part L, pagcs
23 85-86), including all monitoring, analysis and reporling periormcd
24 pursuant to its Quality Assurance Project Plan and Monitoring Plan
25 and shall bc responsible, along with any other Party to this Agrcement
26 «-hich may hereafter be named as a responsible party under the CVSC
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1 "I�MUL, to otherwise comply with monitoring requirements under the
2 CVSC TMDL.
3 C. Principal Permittee and Reporting. DISTRICT shall perform and/or
4 coordinate all responsibilities assigned to the Principal Pcrmittees in 2013
5 PF,RMI"C Part E.2. DISTRIC"I' shall coordinatc thc prcparation of; and
6 submit to the CRW(�Cf3-CRE3, the Annual Report required in 2013
7 PF,RMIT I'arts E.2 and N, the Annual Monitoring Rcport required in 2013
8 PERMIT Parts L.l 1 and N and the Report of Wasle Uischargc required in
9 2013 PEItMIT Part I.1. Upon DISTRIC"i"s request, COUNTY, CVWD
10 and CITIES shall, at no cost to I)ISTRIC�', timely provide to DISTRIC"i'
1 1 (on DISTRIC"l�-approved forms) all inf��rmation needed to meet the above-
12 referenced reporting requirements. Additionally, when requested by a
13 PAR"rY, the I�ISTR[CT shall provide information on 2013 PERM11�
14 programs implemented or coordinated by the District to assist that PAR�I�Y
15 in its preparation of� reports required under 2013 PERMI"I' PAR"C I, in
16 making a report to ihe CRWQCB-CR}3, or in responding to rcquests Ior
17 audits or ather intormation by thc CRWQCI3-CRI-3 or EPA.
18 U. Other Municipal Stonn���ater Programs. In addition to programs required
19 undcr the 2013 PERMII' and set f��rth in Sections 4.A-4.C, the DISTRIC`]�
20 shall perform and/or coordinatc other programs related to municipal
21 stormwater issues (including, but not limited to, the Compliance
22 Assistance Program, dcvclopmcnt ol� a nc«� NPUES MS4 permit,
23 development of potential TMUL programs, devclopment of a CWA 303(d)
24 list of� impaired waterbodies, work rclated to ncm-PAR"[Y dischargers,
25 preparation and iiling of�claims for untunded state mandates, as ��ell as any
26 other such programs as the PARTII;S shall agree).
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1 E. Consultant's Serviccs and Cooperative Agreements. In the event
2 DIS�IRICT retains a consultant or other proiessional ("CONSULTAN"T'")
3 to develop and/or implement the programs set forth in Sections 4.n-4.D of
4 this Agrcement, including scientiiic, engincering or legal services, the
5 SHARF,U CUS"l�S associated with such services shall be shared by
6 UISTRICT, COUNTY, CVWU and CI"I'IF.S in accordancc with the cost
7 sharing provisions set forth in Section 5. The DISTRIC�[� shall notify the
8 PAR"1'IF.S in advance of its intent to retain a CONSUL"I�ANT and, upon
9 any PAR'I�Y's request, provide inf��rmation regarding requests for
10 proposals from consultants, consultant's fee, contract timetable and
11 payment schedule to the PARTIES. COUNTY, CVWD and CITIF,S shall
12 have the opportunity to participate in decisions related to CONSULTAN"1''s
13 services and thc costs associated thcrewith.
14 5. Cost Sharin�. SHARED COSTS (as defined below) f��r services to be
15 performed in accordance with Sections 4.A-4.E of this Agreement shall be allocated among the
16 PARTIES in accordancc with the following formula:
17 IC = ((SHAREI� COSTS + Credits - Uebits) - [)ISTRIC'l� - CVWD) x (P
1� TP
�y Wherc,
"IC" means Individual Cost for CUUNTY or CI"I�ILS
20
"I�ISI�RICT" means I�ISTRICT Cost-Share Amount (set at
21 �%�
22 "CVWD" means CVWI� Cost-Share Amount (set at 7`%,
23 adjusted to reflect performance of duties described by Section
24
4.�3)
"IP" mcans COUNTY and CITIF.S' lndividual Populations, as
25
further defined bclow
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1 "TP" means the COUNTY and CI"I�Y PARTIES' total
2 population
3 SHARED COSTS = Fiscal year costs for services performed
4 in arcordance with Sections 4.�1-4.1: of this Agreemcnt.
5 SIIAR�;U COSTS shall includc all costs requircd to perform
6 the activities set f��rth in Sections 4.A-4.E, except that in no
7 event shall SHARND CUSTS include any costs arising from
8 or associatcd with any act or failurc to act by any PARTY or
9 its employees or agents during the performance of activities
10 required under this Agreement ���hich result in death, personal
1 1 injury or property damage.
12 Crcdits = Portion of SHARED COSTS for the prcvious tiscal
13 year that were not expended, and if applicable, funds received
14 from other sources, including new PAR"rIES, not previously
15 calculated in estimating SHARED COSTS t��r thc current
16 [iscal year.
17 Debits = Portion of actual S1IARED COS1'S for the previous
18 fiscal year which exceeded estimated SHAIZ�U COSTS for
]9 the previous fiscal ycar.
20 F,ach CITY's Individual Population shall be based on the most recent population
21 figures rcicased by the Calilornia State l�epartment of Finance. �l�he COUNTY's Individual
22 Population shall be based on census block information adjusted to reflect the most recent
23 De�artment of Finance population growth data.
24 COUNTY, CVWD and CIT[ES shall pay to [)ISTRICT their sharc of SHAR�;i)
25 COS"['S within 60 calendar days of�reccipt oi�an invoice from DISTRICT.
26 6. Other Cost-Sharin�: A�,reements. Nothing in this Agrcement shall prevent a
27 subset of fewer than all the PARTIES from agreeing �vith the DISTRICT to share the costs of other
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1 municipal storm���ater programs concerning such PAR�I�I�S. Such PAR"I�IES shall agree among
2 themselves as to the cost-sharing t��rmula for such proyrams.
3 7. "I�erm of the A�reement. This Agreement becomes effective on June 20, 2014
4 and shall remain in effect until eighteen (18) months atter the datc that CRWQCE3-CRB issues a
5 new NPDES Pennit in replacement of the 2013 PF.RMIT. "I�hc obligation to pay SHAREU COSTS
6 set iorth in Section 5 shall survive the termination of this Agreement as to any PARTY which is
7 dclinqucnt in making such paymcnts.
8 8. Additional Partics. Any city which incorporatcs after the Ef�fectivc Datc of this
9 Agreement and ���hich is subject to the 2013 PERMIT may seek to be added as a PAftTY by
10 sending a written request to DISTRICT. If a majority of the PAR"I'IES (each having one co-equal
1 1 vote) approves the addition o1�the city, this Agreement shall be amended to reilect the addition of
12 the city and the newly added city shall thereafter comply with all provisions of this Agreement.
13 Upon its execution of the amended Agreement, thc newly added city shall be responsible for
14 SHARED COSTS in arcordanre with Section 5 of this Agreement for the then-current fiscal year
15 and any subsequent fiscal year. Funds paid by the newly added city during its first fiscal year under
16 this Agreement shall be credited to thc PARTIES according to the formula set forth in Section 5.
17 9. Withdrawal from the A�reement. Any PARTY may withdraw irom this
18 Agreement sixty (60) calendar days after giving written notice to thc other PAR'I�IES and to the
19 CIZWQCF3-CRI-3; upon said of7icial withdrawal datc, SHARF,I) COS"l�S for the withdrawing
20 PARTY will cease to accrue. Withdrawal from this Agreement will not eYcuse non-compliance
21 with requirements of the 2013 PF.RMIT applicable to the withdraw�ing PARTY. The withdrawing
22 PAEtTY shall pay, ���ithin thirty (30) calendar days oCrcceipt of a final invoice from I)IS'IRICT, all
23 SHAR�U COS'I�S such P/1R'l�Y ���as obligated under this Agreement to pay for the then-current
24 fiscal year, as �ti•ell as any funds owed tor obligations incurred in previous fiscal years. No
25 withdrawing PARTY shall be entitled to receive any refund of SHARED CUSTS paid under this
26 Agreement, or to benefit from the ongoing p�rformance of this Agreement, except to the extent
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1 SHARF,U COSTS were overpaid as the result oferrors in DIS"I�RICT invoicing or inadvertent over-
2 payment by thc withdrawing PAR"IY.
3 10. Removal of PAR"I'Y. As stated, COUNTY, CVWD and CI"I�IES shall pay to
4 I�ISTRICT thcir share of�SHARL;U COSTS within 60 calendar days of receipt of an invoice from
5 DISTRICT. Any PARTY ���hich is more than ninety (90) calendar days delinquent in the payment
6 of any SHAItL;U COSTS undcr this Agrecment, or ���hich is in material breach ot� any other
7 rcquirement applicable to that PARTY under this Agreement, shall be subject to removal as a
8 PAR"I'Y. The delinqucnt PAR1Y shall be notified in writing by thc DISTRIC'1' of its dclinquent
9 status and shall be aflorded an opportunity, not exceeding thirty (30) calendar days from the date of�
10 the notice, to cure such status. In the event such PARTY fails or reiuses to cure its delinquency, the
1 1 remaining PARTIES shall votc to remove the delinquent PARTY. If a majority of the PARTIES
12 (each PAIZ"I'Y having one co-equai vote) votes to remove the delinquent PARTY, it shall bc
13 removed as a PARTY immediately upon thc conclusion of such vote. The removed PAR��Y shall
14 pay, ���ithin thirty (30) calendar days of reccipt of a iinal im�oicc from [)ISTRICT, all SHARED
1 S COS"I�S such PARTY was obligated under this Agreement to pay for the then-current fiscal year, as
16 wcll as any funds owed for obligations incurred in previous fiscal years. Any unfilled obligations of
17 the removed PARTY under this A�reement shall survive its rcmoval. No removed PARTY shall be
18 entiticd to reccive any refund o1� SfiAREU COSTS already paid under this Agreement, or any
19 bcnctit Gom thc on�oing pertormance of this A�rccmenl.
20 l l. Non-compliance with 2013 PERMIT Requirements. Any PARTY determined,
21 in either an administrative or judicial torum, to be in non-compliance with its specitic
22 responsibilities pursuant to the 2013 PERMIT� shall be solely responsiblc for any pcnalties, fees,
23 damages or injunctive reliet�assessed in connection there�vith. "I�his Agreement is not intended to
24 and does not create any joint and scveral liability of the other PAR"I�IF.S for such pcnalties, fee�,
25 damages or injunrtive relief�.
26 12. Amendments to the A�reement. Except to add a PARTY as provided in Section
27 7, this Agrcement may be amcnded only by consent of all PARTIES. No amcndment to this
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1 Agreement shall bc ctficctive unless it is in writing and duly signed by the authori�ed representatives
2 of�all PAR"I�IHS.
3 13. Authorized Si�natories. The PARTIES warrant and represent that the
4 individuals signing this Agreement on their behalf can and do bind the PARTIES to the terms of
5 this Agreement.
6 14. Notices. All notices shall be deemed duly given when delivered by hand, by
7 email with receipt requested, or three (3) days after deposit in the U.S. Mail, postage prepaid.
8 Notices shall be sent to representatives of the PARTICS whose names and addresses appear on
9 Exhibit l3 of this Agrcement. The identity of such representatives may be treely changed by any
10 PAR"I'Y upon notice to the other PARTIES, and changes to Exhibit [3 shall not be considcred an
1 1 amendment of this Agreement.
12 15. Governing La�v and Venue. This Agreement shall be govcrned and construed in
13 accordance with thc laws of the State of California. In any action brought to enforcc this
14 Agreemcnt, venue shall be in the Itiversidc County Superior Court; provided, however, that this
15 venuc provision shall not affcct the ability ot�any PARTY to seck a change of venue pursuant to
16 Codc of Civil Procedurc Scction 394.
17 16. Severabilitv. If any provision or provisions of this Agrecment shall be held to
18 be invalid, illegal or unenf'orceable, the validity, legality and enforc�ability of the remaining
19 provisions shall not in any way be ai'fected or impaircd hereby.
20 17. Consent to Waiver and I3reach. No term or provision hercof shall be dcemed
21 waived and no breach excused, unlcss the waiver or breach is consented to in writing, and signed by
22 the PAR"I'Y or PARTIES afiected. Consent by any PARTY to a waiver or breach by any other
23 PARTY shall not constitute consent to any different or subsequent waiver or breach.
24 18. Applicability of� Prior A�;reements. This Agreement and the exhibits attached
25 hereto constitute the eniire Agr��ment between the PARTIES with respect to the subjcct matter
26 thereoi; all prior agreements, representations, custom, usage, statements, negotiations and
27 undertakings concerning implementation of the 2013 P�RMIT, oral or writtcn, are supersedcd
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1 hereby, except to the extent that any PARTY shall still havc an outstanding obligation under any
2 such prior agreements.
3 19. Resolving Uisputes. I1� a dispute arises under this Agreement, the disputing
4 PARTIES agree to attempt to resolve the dispute internally. Absent resolution, a mutually agreed-
5 upon mediator in Riverside County �vill be obtained. Any cost and fecs, apart trom Attorney Fees,
6 shall be shared equally among the disputing PARTIF,S. If such dispute is not resolved �vithin 60
7 days aiter referral to the mediator, either PARTY may file lhe matter with the court.
8 20. �:xecution in Counterparts. This A�reement may be executed and delivered in
9 any number of� copies (counterparts) by the PARTIES. When each PARTY has signed and
10 delivered at least one countec-part to the other PARTIES, each counterpart shall be dccmed an
1 1 original and, taken together, shall constitute one and the same Agrecment, which shall be binding
12 and cf�fective as to the PAR`I'IES hereto.
13 21. Partnership. This Agreement does not create a partnership between the
14 Pf1RT1ES or other similar relationship nor does it impose any iiduciary obligations upon any of the
15 PARTIES, and does not bind any of the PARTIES beyond the furlherance of the intent of the
16 fulfillment of the Agreement.
17 22. Ef�fcctive Date. 'I'his Agreement shall take efitect on June 20, 2014 and shall
18 become binding on 1he PARTIF,S upon the date that a duly authorired represcntative of� that
19 PARTY exccutes it. �I'he PARTIF.S shall make all reasonable efforts to execute the A�recment
20 prior to June 20, 2014.
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1 IN WITNESS WHEREOF, each PARTY has executed this Agreement as oi� the date set
2 forth belo���.
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RF.COMML:NUED FOR APPROVAL: ANU WATER CONSERVAT[ON DISTRICT
5
f�y: By:
6 WARR�N D. WILLInMS MARION AS}ILEY, Chairman
General Manager-Chief�Engineer Riverside County Flood Control and
� Watcr Conservation District
8
Datcd:
9
APPROVED AS T() FORM: ATTEST:
10
PAMELA J. WALLS KL;CIA HARPER-[EIEM
1 1 County Counsel Clerk to the I3oard
12
E3y: Liy:
13 Aaron C. Gcttis, Ueputy County Counscl I�cputy
14 (SF,AL)
15
�� RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
17
13y: By:
�� J�1Y ORR JEFF STONE;, Chairman
�y County Executive Officer F3oard of Supervisors, County of River�ide
Third Distrirt
20
21 natcd:
22 ATTEST:
23 KECIA HARPER-IIIEM
�4 Clcrk to thc Roard
2s t�y:
Deputy
26 (SEAL)
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� APPROVED AS T'O I-'ORM: COACHELLA VALLEY VVATER DISTRICT
2
[-3y: 13y:
3 J.M. QARRI:"I�"I�
4 General Manager
5
6 BY�
JOHN POW�:LL
7 President
8
y Dated:
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� APPRUVt�D �1S "I'O FORM: CITY OF BANNING
2
f3y: gy:
3 DAVII) J. ALESHIRE [)Ef3URAH FRANKLIN
C:ity Attorney Mayor
4
5 A"I'TEST:
6
7 By: Dated:
MARIE A. CALDERON
g City Clerk
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� APPROVEU AS T'O FnRM: CITY OF CATHEDRAL CITY
2
aY� F3y:
3 City Attorncy Mayor
4
5 AT1�F,ST':
6
�Y� Dated:
7 City Clerk
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c�
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1 APPROVED AS TO FORM: CITY OF COACHF.LLA
2
By: Qy:
3 CARLOS CAMPOS I�AVIU GAKCIA
City Attorney City Manager
4
5 ATT�S"I':
6
7 By: Dated:
I-3EATRICE f3ARAJAS
� City Clerk
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1 APPROVEU AS TO FORM: CITY OF DESF,RT HOT SPRINGS
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By: 13y:
3 City Attorncy Mayor
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5 ATTEST:
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l3y: Dated:
7 City Clcrk
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APPROVF.0 AS T'O FORM: CITY OF INDIAN WELLS
1
2
Qy: By:
3 City Attorney Mayor
4
5 ATTEST:
6
By: I)ated:
7 City Clcrk
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9
]0
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� APPROVF.0 AS �'O FORM: CITY OF IND10
2
F3y: ay:
3 City Attorney Mayor
4
5 AT"1'ES"i':
6
�Y� I)ated:
7 City Clcrk
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10
il
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� APPROVLD AS TO FORM: CITY OF LA QUINTA
2
13y: 13y:
3 City Attorney Mayor
4
5 AT"T'ES'I':
b
I3y: Datcd:
7 City Clcrk
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ll
l2
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1 APPROVED AS TU F()RM: CITY OF PALM UESERT
2
I3y: By:
3 I)AVID J. ERWIN, City Attorncy VAN G. Z�ANNER, Mayor
4
5 A"rTES1':
6
13y: Dated:
7 RACHELLE D. KLASSEN, City Clerk
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N N N N N N N N N --- --
00 �.1 O\ Cn � W N �--� � �J 00 �l :J� Cn � W N �--� O �C OC �] O� c� � W N ---
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V�
APPROVE[) AS TO FORM: CITY OF RANCHO MIRAGE
1
2
Qy: I-3y:
; STEVE f3. QUIN�i'ANILLA RICHARI� W. KIT�
City Attorney Mayor
4
5 AT'I'ES`l�:
6
7 F3y: Dated:
CYNTH[A SCOTT
� City Clerk
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� EXH1131T B
2 Notice Addressees
3 RCFCWCD Rivcrside County
4 Mr. Jason Uhley Mr. Steve Horn
5 1995 Market St, Riverside, CA. 92501 Riverside County Executive Office
951.95_5.1273, FAX 951.788.9965 4080 Lemon St, Suitc 400,
6
juhlev(u�rcl7ood.or<� Riverside, CA. 92501
� 951.955.1 100
8
schorn(u�rcco.or��
9
Coachella Valley Water District City of Banning
�� Mr. Arturo Vela
Mr. Steve Fii�ley
11 99 East Ramsey St, PO I3ox 998
PO Box 1058, Coachella, CA. 92336 gapp�n�, CA. 92220
12
760.398.2651 ext.2286, FAX 760.391.9637 951.922.3130, FAX 951.922.3141
13
sbi�le�cccv���d.or�7 avela(ci-:ci.bannin�.ca.us
14
l 5 City of Cathedral City City of Coachella
Mr. Bill Simons Ms. Berlinda Rlackburn
�6 68700 Avenida Lalo Guerrero, 1515 Sixth St, Coachella, CA. 92236
�� Cathedral City, CA 92234 760.501.81 14, FAX 760.398.1630
1 g 760.770.0360
bblackburn(a-coachella.or��
]y bsim��ns!ci�cathcdralcitv.��ov
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City of Desert Hot Springs
� City of Indian Wells
Mr. Uaniel Porras
2 Mr. l3ondie 13akcr
65950 Picrson I31vd,
44-950 EI Dorado I)r,
3 Dcscrt Hot Springs, CA. 92240
Indian Wclls, CA. 92210
4 760.329.6411 crt.218
760.776.0237, FAX 760.346.0407
5 dporras(u�cityc�idhs.or<�
F3bakcr�r�inclian��clls.com
6 City of Indio Cit,y of La Quinta
7 Ms. Sara Toyoda Mr. Ed Wimmcr
g 83-101 Ave. 45, Indio, CA. 92201 78495 Calle Tampico,
760.391.4149 La Quinta, CA. 92247
9
10
sto oda u::indio.or� 7b0.777.7088, FAX 760.777.7155
e�4�immer�u',la-c�uinta.org
I1
City of Palm Springs City of Palm Desert
12
Mr. Rick Minjares Ms. Christina Canales
�3 3200 E. Tahquitz Cyn Way 73-510 Frcd Warin� Dr
�q Palm Springs, CA. 92263 Palm I�cscrt, CA. 92260
15 760.323.8283 760.346.061 l, FAX 760.341.7098
�� Rick.Min�ares(u�palmsprin<�sca.�ov ccanales,(u`cityofpalmdesert.or�
�� City of Rancho Mirage
Mr. Lcland Colc
18
69-825 High�-ay 1 l l
ly Ranch<� Mirage, CA. 92270
20 760.770.3224, FAX 760.770.3261
21 Iclandc(u'RanchoMira��eCA.��o��
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