1996-017-Authorizing Town Manager To Enter Into An Agreement With Santa Clara County Central Fire Protection District To Provide Nonprofit Source Pollution Prevention Inspection Of Industrial/Commercial FacilitiesRESOLUTION 1996 - 17
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH SANTA CLARA COUNTY
CENTRAL FIRE PROTECTION DISTRICT
TO PROVIDE NONPOINT SOURCE POLLUTION PREVENTION INSPECTION
OF INDUSTRIAL /COMMERCIAL FACILITIES
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Town Manager is authorized to enter into an
agreement (attached as Exhibit A) with Santa Clara County Central Fire Protection District to
provide Nonpoint Source Pollution Prevention Inspection of Industrial/Commercial Facilities.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 20th day of February, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin,
Mayor Randy Attaway
NAYS: None
ABSENT: Steven Blanton
Linda Lubeck, Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR HE TOWN LOS GATOS
LOS GATOS, CALIFORN A
AGREEMENT BETWEEN
TOWN CLERIC
AG R:-�&-
IHH:--I-
BID:
SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT
AND CITY OF CAMPBELL AND TOWN OF LOS GATOS FOR INDUSTRIAL
STORM WATER SYSTEM PROTECTION INSPECTION SERVICES
THIS AGREEMENT is entered into on
between the SANTA
CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT (hereinafter "District ") and CITY
OF CAMPBELL, and TOWN OF LOS GATOS (the City and the Town collectively described in this
Agreement as "Campbell/Los Gatos ").
RECITALS
A. District is authorized by State law to enter into a contract to provide storm water system
protection inspection services.
B. Campbell/Los Gatos wishes to contract with the District for District personnel to provide
such services as specified in this Agreement.
C. These services are an integral component of Campbell/Los Gatos's obligation to protect
the natural waters of the State under the terms and conditions set forth in the National Pollutant
Discharge Elimination System NPDES Permit No. CA00029718, any amendments thereto and /or
any renewals thereof, issued and approved by the California Regional Water Quality Control Board,
San Francisco Bay Region.
AGREEMENT
I. Obligations of District. The District agrees to:
a. Provide the services of trained and knowledgeable personnel to perform storm water
system protection inspection services as specified in Exhibit A attached hereto and incorporated
herein by this reference. Comments or concerns by District regarding the storm water system
EXHIBIT A
protection inspection program shall be directed to the West Valley Storm Water Program
Coordinator (hereinafter "Coordinator ") for review and periodic program modification; such
modifications shall be incorporated into the storm water system protection inspection program
pending agreement by all parties to this agreement. Such storm water system protection inspections
may occur during routine, periodic, enforcement, or surprise inspections.
b. Provide an accounting to the Coordinator on a semi - annual basis of the hours actually
spent by District personnel in conducting inspection services and the actual number and names of
facilities and Non -Point Source activities inspected, including all follow -up or re- inspection actions
by District personnel in conducting inspection services pursuant to this Agreement.
c. Ensure that appropriate District personnel have received applicable technical, law
enforcement, and safety training to adequately and safely perform the services.
d. Provide all necessary equipment, vehicles, uniforms, and other associated materials,
office space, and staff support to provide the services required by this Agreement.
e. Provide and use inspection forms, order violation and referral forms, which are
approved by the Coordinator and which satisfy applicable Campbell/Los Gatos NPDES Permit
obligations to document and enforce the storm water system protection inspection program.
f. Provide an invoice directly to Campbell and Los Gatos, and a copy to the Coordinator,
for services rendered under this Agreement, including billing cycle, line item of services, and
locations of inspection per each agency, which have been provided.
g. Provide general information as needed.
2. Obligations of Campbell/Los Gatos. Campbell/Los Gatos agree to:
a. Provide the District with all relevant local regulations, policies, procedures, public
improvement plans, permit documentation, and other information as requested by the District, and
necessary for District to perform its services under this Agreement.
b. Pay the District within 30 days after receipt of each invoice for services rendered
under this Agreement. District will invoice Campbell/Los Gatos each December 31 and June 30.
C. Provide hand outs, such as Best Management Practices (BMPs) and NPS brochures,
as appropriate.
d. Provide designated representatives to assist District in coordinating this program and
District's performance described herein..
3. Designation of Personnel to Provide Services. The District shall designate and identify to
the Coordinator by name, and provide description of his /her experience, and training of personnel
who will be providing primary program supervision of services under this Agreement. The District
shall provide notice to the Coordinator of designee prior to at the time of assignment, unless an
emergency requires that such notice not be provided until after assignment has occurred. Any
changes in designated personnel shall be advise to the Coordinator within 15 working days of such
changes.
4. Scope of Authority. Should an inspection by District personnel reveal or disclose a
violation of an applicable NPS ordinance, rule, or regulation, the inspector in charge of the
inspection shall note and report the violation to the designated Program Supervisor (referred to in 3
above), who will forward a copy of the violation notice as follows:
a. Violations that are found during regular Hazardous Materials inspection duties and
involve a discharge of such materials directly into or that reach a catch basin, storm drain, or water
body shall be forwarded to the Coordinator.
b. All other NPS violations which do not fall into those described in a. above shall be
noted and referred to the appropriate regulating agency with a copy to the Coordinator, for further
action as specified in Exhibit A. No District inspector shall have authority to enter into any
agreement regarding abatement, delay, or alternative procedure without first obtaining the consent of
Campbell or Los Gatos, as applicable. If District personnel are refused access to any premise for
inspections pursuant to this agreement, the District shall refer such inspection problems to the
Coordinator and to the appropriate city or town attorney for disposition. With the consent of
Campbell or Los Gatos, as applicable, an inspection may result in imposition of probationary,
sampling, surveillance, or self - monitoring conditions.
5. Term of Agreement. This Agreement shall be effective upon execution by all parties
through June 30, 1997, unless terminated earlier pursuant to this Agreement. The Agreement may
be renewed on such terms and conditions as the parties may agree to by written amendment to this
Agreement.
6. Termination of Agreement. Any party to the Agreement may terminate this Agreement
without cause on 15 working days written notice to the other two parties.
7. Payment. Campbell agrees to pay the District $70.00 per hour up to a maximum of
$12,400 per year. Los Gatos agrees to pay the District $70.00 per hour up to a maximum of $5,800
per year. Campbell shall pay for services rendered related to discharges within its jurisdiction, and
Los Gatos shall pay for services rendered related to discharges within its jurisdiction. Payments shall
be for services actually rendered by a District employee in inspection services pursuant to this
Agreement (as referred to in lb above).
8. Independent Contractor. It is understood that the District and its employees, in the
performance of the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of Campbell or Los Gatos. As an independent contractor
no employee of the District shall obtain any rights to retirement benefits, medical benefits, leave, or
any other benefits that accrue to Campbell or Los Gatos employees. District agrees to make its
employees available to testify in any litigation or prosecution brought regarding the subject of the
work to be performed under this Agreement. District shall be compensated for its employees' costs
and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly
rates of compensation, unless such litigation is brought by the District or is based on allegations of
District's negligent performance or wrong doing.
9. Workers Compensation. District shall maintain Workers' Compensation coverages as
required by California law and its employees shall be considered employees of District in performing
services under this Agreement.
10. Ownership of Records and Audit.
a. All original records of inspections, orders, and other documentation regarding the
storm water program shall be retained and maintained by the District for a minimum of five (5) years.
Approved copies shall be provided to the Coordinator on a semi -annual basis.
b. District shall maintain the records in an appropriately secure manner. Some or all of
these records may be subject to disclosure pursuant to the California Public Records Act, Freedom of
Information Act, and/or other applicable regulations and shall be managed accordingly.
c. District acknowledges that these services are conducted under State and Federal law
as well as local authority. District shall make its non - confidential records and written procedures,
available for review by State and Federal authorities as they may lawfully direct. In addition,
Campbell/Los Gatos may accompany or otherwise audit District performance of this Agreement as
they may choose.
11. Indemnification. District shall save, keep and hold harmless, indemnify and defend
Campbell/Los Gatos, their officers, agents, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses, including reasonable attorneys fees and defense costs, in law or equity,
that may arise out of or in the course of District's negligence or willful misconduct in the
performance of services. All of the foregoing indemnity obligations shall apply to the benefit of
District in a reciprocal manner should Campbell/Los Gatos perform negligently or with willful
misconduct hereunder.
12. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor does
waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent
breach of the same or any other provision of this Agreement.
13. Governing Law. This Agreement, regardless of where executed, shall be governed by
and construed to the laws of the State of California. Venue for any action regarding this Agreement
shall be in the appropriate court in the County of Santa Clara.
14. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the District, Campbell and Los Gatos.
15. Disputes. In an dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and costs.
16. Notices. Notices or communications to be given under this Agreement shall be given as
follows, unless a party designates a change in its address to the other parties in writing.
TO DISTRICT:
Central Fire Protection District
Hazardous Materials Division
14700 Winchester Boulevard
Los Gatos, CA 95030 -1818
TO CITY OF CAMPBELL:
Public Works Division
70 N. First Street
Campbell, CA 95008
TO TOWN OF LOS GATOS:
Building & Engineering Services Division
110 E. Main Street
Los Gatos, CA 95032
6
Telephone: (408) 378 -4010
Fax: (408) 378 -9342
Telephone: (408) 866 -2153
Fax: (408) 376 -0958
Telephone: (408) 354 -6802
Fax: (408) 354 -8431
TO WV STORM WATER PROGRAM COORDINATOR:
18041 Saratoga -Los Gatos Boulevard
Monte Sereno, CA 95070
Telephone: (408) 354 -4734
Fax: (408) 395 -7653
17. Construction. Nothing contained in this Agreement shall be construed as intended to
create or to create a Joint Powers Agency of any kind.
18. Entire Agreement, This Agreement constitutes the complete and exclusive statement of
the Agreement between the District, Campbell and Los Gatos. No terms, conditions, understandings
or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and
signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, District and Campbell/Los Gatos have executed this Agreement
as of the date indicated on page one (1).
SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT
Approved as to form and legality:
Deputy County Counsel
Attest:
Phyllis Perez
Clerk of Board of Supervisors
CITY OF CAMPBELL Approved as to form:
:
TOWN OF LOS GATOS Approved as to form:
M
Exhibit A
I. Executive Summary
The objective of the Storm Water Protection Inspection Program (NPS Inspection) is tc
verify protection of the municipal storm drain system from non -storm water discharges
originating from industrial/commercial facilities which have been identified as being
significant contributors to storm water pollution. It is recognized that many of the
identified pollutants of concern and sources of significance are currently addressed
through other existing inspection programs, such as Hazardous Materials Storage
Inspections. In an effort to streamline inspection efforts and to relieve undue regulatory
burdens to the business community, NPS inspections will be conducted in combination
with existing Hazardous Materials Storage Inspections. The purpose of the NPS
inspection component will be to address discharges which are not within the current
regulatory authority of the Hazardous Material Inspection Program (or other existing
inspection programs, including but not limited to source control (pretreatment/POTW)
inspections, Health and Safety Inspections, and Hazardous Waste Inspections), but are
illegal under local NPS ordinances.
The Central Fire Protection District (`District') shall integrate into and/or modify its
existing hazardous materials inspection program to provide NPS inspections for the City
of Campbell and the Town of Los Gatos. The information used to define the NPS
inspection components, such as types of NPS facilities and NPS activities, shall be
maintained in a District database. Data reports required for reporting to the RWQCB
shall be provided by the District to the Coordinator for each jurisdiction in order to meet
Campbell/Los Gatos NPDES Permit reporting obligations.
II. Background and Definitions
A. NPS Facilities: Categorization by a facility's potential for polluting storm water
based solely upon the nature of business.
NPS facilities are defined as those facilities whose activities involve the storage,
use or handling of hazardous materials or may be categorized as conducting one or
more of the following activities.
Auto Repair - installation, modification, cleaning, repair and/or
replacement of motor vehicle chassis, body, or parts.
Cleaners - fabric cleaning.
c�hibia2.doc Page Al CFPD NPS Inspection Contraa
FY 95 -96
Exhibit A
Machine Shop - manufacture, modification or repair of metallic parts.
4. Paint - apply, distribute, package or sell.
Pesticide - apply, distribute, package or sell.
6. Photo/Print - develop, process, or produce.
Other NPS - generate hazardous waste, discharge to sanitary sewer or
store underground tanks (i.e., facilities which conduct NPS Activities, but
which have not yet been categorized).
B. NPS Activities: Categorization of a facility's potential for pollution based upon
activities actually conducted on -site.
NPS Activities are defined as on -site activities which take place at an NPS Facility
and may adversely impact storm water.
GEN - hazardous waste generators.
POTW - permitted dischargers to sanitary sewer or Publicly Owned
Treatment Works (POTW).
UST - underground storage tank site.
C. Inspection Level: The Inspection Level is defined as the level of complexity and /or
compliance of a facility storing, using or handling hazardous materials and is based
upon current CFPD inspection level criteria. Inspection levels are not clearly
delineated and can change from year to year based upon actual field conditions.
The following are inspection levels characteristics:
Level 1 (L -1) inspections are conducted by engine company personnel.
These inspections typically involve simple hazardous materials facilities
whose storage amounts do not exceed 55 gallons (liquids), 500 pounds
(solids) or 200 cubic feet (gases). These inspections typically do not
eshibia2.doc Page X12 CFPD NPS Inspection Contract
FY 95 -96
Exhibit A
involve underground storage tank facilities. These inspections typically
include facilities which are in good compliance standing.
Level 2 (L -2) inspections are conducted by hazardous materials response
team personnel. These inspections typically involve moderate hazardous
materials facilities whose storage amounts exceed 55 gallons (liquids),
500 pounds (solids) or 200 cubic feet (gases). These inspections typically
involve underground storage tank facilities. These inspections typically
include facilities which are in good compliance standing.
Level 3 (L -3) inspections are conducted by hazardous materials specialist
personnel. These inspections typically involve more complex hazardous
materials facilities whose storage amounts exceed 55 gallons (liquids),
500 pounds (solids) or 200 cubic feet (gases). Additionally, these
inspections typically include facilities which are upgrading or are
experiencing compliance problems.
Level 4 (L -4) inspections are those facilities which are not currently
assigned to any of the first three levels. This designation is new and
addresses previously unassigned inspections. May include new or added
facility to inspection program, and shall be re- categorized into one of the
above levels based upon field conditions within one year of inspection.
III. Storm Water Inspection Program. The basic components of the Storm Water Inspection
Program shall include, but is not limited to:
A. Program Administration. (Reference Agreement Sections: lb, lc, Id, le, If, lg,
3, 4, 4a, 4b, 5, 6, 8, 9, 10, 14 and 16)
B. Training. (Reference Agreement Sections: la, lc, 3, 4a, 4b). District shall
provide NPS training at least annually for all inspectors performing NPS
Inspections. District shall make available appropriate staff to attend and
participate in relevant and necessary SCV NPS Pollution Control Program
Subcommittee Meetings and Workshops which impact the Campbell/Los Gatos
..Storm Water Inspection Program. Such occurrences shall be adequately notified
and requested by the Coordinator.
C. Recordkeeping and Documentation. (Reference Agreement Sections: lb, Id, le,
If, 3, 4, 4a, 4b, 10a). District shall keep and maintain all data and documentation
exhibiaU. Page A3 CFPD NPS Inspection Contract
FY 95 -96
Exhibit A
required by the Storm Water Inspection Program. Documentation and/or report
submittals for Campbell/Los Gatos shall be directed to the Coordinator as follows:
Storm Water Inspection Program Facilities List (by individual jurisdiction).
List shall be updated and provided at least annually by District and shall
include, at a minimum, current information regarding facility:
a. name
b. address
C, NPS Facility Type
d. NPS Activities
e. Inspection Level
f. Inspection Quarter
g. Business License Status
h. Categorical and numerical breakdown by NPS Facilities.
Categorical and numeric breakdown by NPS Activity.
Updated lists may be in conjunction with semi -annul documentation
reporting and/or invoicing processes, so long as there is clear delineation of
changes or modifications in facility information and addition/deletion of
facilities. Actual incorporation of such updates into the NPS Inspection
Program may occur in the next semi - annual cycle (i.e., for billing
purposes).
2. - Documentation used to determine Annual Fees may be updated based on
actual field conditions. Actual incorporation of such updates into the NPS
Inspection Program may occur in the next semi - annual cycle (i.e., for
billing purposes). Such documentation will be in the form of worksheets
described below:
Worksheets which justify inspection time requirements, to include an
Average Associated Time per Inspection (AAT) and Average Inspection
Time per NPS Activity (AIT) may include factors such as File and Plan
review before arrival, education and information dissemination at NPS
Facility, Inspection Time and database entry of inspection results.
extnbialdoc a Page A4 CFPD NPS Inspection Contract
FY 95 -96
Exhibit A
3. All reports, lists, documents and/or worksheets shall be completed by the
District and shall be submitted to the Coordinator in a timely manner and
shall be no later than four (4) weeks after the second and fourth Inspection
Quarter ends. All submittals will be verified by the Coordinator against
previous year reports. Reconciliation of numbers and costs may occur
semi- annually based upon actual field conditions. Summarily, all
modifications and adjustments shall not exceed 10% of total District
invoices for that year.
4. Forms. (Reference Agreement Sections: lb, Id, le). District may revise
or modify existing forms and /or create new forms as appropriate, provided
they adequately address Campbell/Los Gatos NPS inspection obligations.
D. Inspections. (Reference Agreement Sections: la, lc, Id, le, 4, 4a, 4b). Storm
Water Inspections shall be integrated into existing or modified Hazardous
Materials Storage Inspections. At a minimum, the following (non - hazardous)
storm water issues shall be addressed during a NPS inspection:
Documentation of on -site storm drain system, including location of catch
on -site basins, adjacent water bodies and outfalls at the site, shall be
verified. Such information may be included in a SWPPP, Hazardous
Materials Business Plan or other related document(s).
2. Visual inspection of site for evidence of recurring or chronic non -storm
water discharge(s) and/or contamination in and/or near catch basins,
adjacent water bodies and outfalls.
E. Outreach. (Reference Agreement Sections: ig, 2c). District shall make available
and distribute appropriate and applicable NPS brochures, manuals and other
information. District shall provide feedback regarding handout material and
request adequate supplies of materials from the Coordinator. Available materials
may include:
L The Bay Begins - Brochure.
2. Pests Bugging You - Brochure.
exhibia2.doc Page AS CFPD NFN Lnspection onuaa
FY 95 -96
Exhibit A
Automotive related Industrial BMPs - Brochures and Manual.
4. Mobile Cleaners BMPs - Manual
Oil Recycle information for small quantity generators - Brochure (produced
by Santa Clara County Household Hazardous Waste Program).
6. Others - as made available
F. Violation Enforcement Referral and Follow -up. (Reference Agreement Sections:
Ia, le, 4, 4a, 4b). A copy of noted violation form and information regarding
referral of related violations shall be given to facility subsequent to the inspection.
Violations which involve discharges regulated by a separate (inspection)
program, including but not limited to source control, hazardous waste, and
health and safety, shall be noted and pursued per existing District protocol.
A copy of noted violation(s) and referral to appropriate agencies shall be
provided to the Coordinator at the time the referral is made.
2. Other NPS Violations. During inspections NPS violations not covered
under Section III F and F2 above shall be determined to be "active" or
"passive ". Active violations are defined as violations which involve actual
discharges which occur outdoors, is exposed to rain and /or storm water
runoff, occurs near, in or at a storm drain, catch basin, outfall, or adjacent
water body. Active violations shall be referred by District in a timely
manner to appropriate Campbell or Los Gatos representatives with a copy
to the Coordinator, for follow -up actions. A copy of follow -up reports
shall be provided by Campbell or Los Gatos, as applicable, to the
Coordinator and made available to the District upon request.
G. Evaluation analysis and recommended Program modifications. Program reports
shall be prepared by the District at least annually, and at a minimum include the
following:
Facility lists, and district time spent at each facility.
2. Verification of staff training, field inspections.
exhibialdoc - Page A6 CFPD NPS Inspection Contract
FY 95 -96
Exhibit A
3. Summary of typical violations, and general program efficiency
(referraUfollow -up procedures, public awareness and participation)
4. Areas for program Improvement.
Suggestions for assisting facilities in understanding and implementing
BMPs etc.
Such evaluation, analysis and/or recommendations may be in conjunction with
semi - annual submittals and/or periodic meetings with the Coordinator. Prior to
Campbell/Los Gatos submittal of its Annual Report to the RWQCB, the District
shall review pertinent sections of the report for content accuracy.
exhibiaUoc Page A7 CFPD NPS Inspection Contract
FY 95 -96