HomeMy WebLinkAboutStaff Report 461-08City of Palo A to
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: FIRE
AGENDA DATE: ~ DECEMBER 15, 2008 CMR: 461:08
SUBJECT:Approval of an Amendment to Participating Agency Agreement with County
of Santa Clara to Add Provisions for Administration of the Underground
Storage Tank (UST) Program, Aboveground Storage Tank (AST) Program
and Single Fee System
RECOMMENDATIONS
Staff recommends that Council approve the attached Amendment (Attachment 1). This
Amendment updates the existing agreement with Santa Clara County to: (1) update
Aboveground Storage Tank program responsibilities to reflect recent changes to state law; (2)
assign responsibility for Underground Storage Tanks to the County; and (3) transfer
administration of the Single Fee System currently conducted by the City to the County. The City
will continue to conduct all other programs as authorized in the current Agreement.
BACKGROUND
The Palo Alto Fire Department has enforced local and State Underground Storage Tank (UST)
regulations since 1983. There are currently 73 underground’storage tanks operating in the City.
All of the regulated underground storage tank facilities have undergone several mandated
upgrades to significantly reduce the potential for releases from the tanks and associated piping.
In 2007, the Fire Department evaluated the elements and time commitment devoted by City staff
to the underground storage tank program and concluded that transferring UST responsibilities to
the County would help enhance level of service provided by the Fire Department in all areas of
hazardous materials management. Specifically, the County would perform the same level of
UST program service. Since the County operates at 100 percent cost recovery for this program
there will be an increased cost to business. Facilities with a single UST will see an increase of
$229 per year. Large facilities (service stations) with multiple tanks will see an increase of up to
$1624 per year, per site. The Fire Department inspection staff (approximately equivalent to .30
full time employee) will then be available to conduct other critical fire and hazardous materials
facility inspections. This transfer to the County is expected to reduce revenues from permitting
and inspection services previously provided by the City by approximately $30,000 per fiscal
year. The reduction in revenue is anticipated to be offset with additional permitting and
inspection fees. Inspectors will focus on facilities that need to be brought into compliance with
certificate of occupancy requirements as well as facilities where substantial hazards exist and
closer over-sight is necessary. In 2007, a letter of intent was signed by the City Manager to the
CMR 461:08 Page 1 of 3
County Executive to transfer these programs to tlie County and directed Fire Department staff to
work with County staff to prepare for this transfer.
The City has provided data tothe State each year on aboveground storage tanks, which the state
Water Quality Control Board has used to regulate those tanks. However, Assembly Bill 1130
went into effect on January 1, 2008 and transferred responsibility for enforcement and
administration to Certified Unified Program Agencies and Participating Agencies. This
amendment establishes that the City will continue to gather the aboveground storage tank data
and assume responsibility for regulating the additional elements assigned by AB 1130.
Finally, the single fee system, which provides businesses with a single invoice for local, county
and state hazardous materials fees, has been implemented by the City of Palo Alto since 1998.
With approval of this amendment, the County will administer that system by providing for
inspection services, billing and collection, enforcement and ~ompliance issues, and program
oversight. County administration will ease administration responsibilities and workload for City
staff, and, because the County’s billing system contains greater efficiencies, is anticipated to
provide an enhanced ability to collect. The County has agreed to provide this service at no cost to
the City and will provide an annual report.
RESOURCE IMPACT
The transition of the UST program to the County will result in the reduction of $30,000 in
Hazardous Materials Permit fees. It is anticipated that the increased availability of the Fire
Department inspection staff to reduce the backlog and conduct Use and Occupancy fee
inspections in the next six months will offset the revenue reduction.
Training staff to administer the new aboveground storage tank regulations will be covered by
grant funding, and Cal/EPA will be providing inspection training in spring of 2009. In addition,
the Fire department will review any increases in time l~eeded to administer the new AST
elements and adjust tl~e fee schedule accordingly.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ENVIRONMENTAL IMPACT
This is not an action requiring review under the California Environmental Quality Act.
ATTACHMENTS/EXHIBITS
Attachment 1-Amendment to Participating Agency Agreement
Attachment 2-Participating Agency Agreement
Prepared By: ./
GORDON SIMPKINSON
Acting Fire Marshal
CMR 461:08 Page 2 of 3
Department Head Review:
City Manager Approval:
~ICK MAI~NARO
-Fire Chief
CMR 461:08 Page 3 of 3
Attachment 1
FIRST AMENDMENT TO PARTICIPATING AGENCY AGREEMENT
BETWEEN COUNTY OF SANTA CLARA AND CITY OF PALO ALTO
PROVIDING FOR ADMINISTRATION OF THE UNIFIED HAZARDOUS
WASTE AND HAZARDOUS MATERIALS MANAGEMENT PROGRAM
This is the First Amendment to the Participating Agency Agreement ("Agreement")
entered into on September 8, 1997, between the County of Santa Clara ("County")
and the City of Palo Alto ("Agency" or "PA") providing for administration of the
Unified Hazardous Waste and Hazardous Materials Management Program ("Unified
Program").
RECITALS
WHEREAS, Assembly Bill 1130 (Laird) went into effect on January 1, 2008, and
transferred the responsibility for the implementation, enforcement and administration
of the Aboveground Petroleum Storage Act (APSA) from the State Water Quality
Control Board to the Certified Unified Program Agencies (CUPAs); and
WHEREAS, the Counfy has entered into an agreement with the State of California for "
implementation of the APSA which agreement provides $91,069 in grant monies to
the County to implement the APSA from January 1, 2008 to December 31, 2009,
which funds need to be encumbered and expended by December 31, 2009; and
WHEREAS, the Agency as Participating Agency ("PA") will implement, enforce
and administer the APSA Program within its jurisdiction and will share appropriately
in the grant funds allocated to the County along with other Participating Agencies;
and
WHEREAS, in addition to adding the APSA Program to PA responsibilities and to
allow for the distribution of grant funding, this First Amendment also transfers the
responsibility for administering the collection of the single Unified Program fee and
the issuance of the Consolidated Program Permit from the Agency to the County
beginning January 1, 2009; and
WHEREAS, this First Amendment updates Attachment A to the Agreement which
indicates the Assignment of Unified program Elements with one significant change in
assignment. The Agency is turning over to CUPA the responsibility for the
implementation of the Underground Storage Tank Program including the inspection
and Enforcement Elements beginning January 1, 2009;
NOW, THEREFORE, AGENCY AND COUNTY AGREE AS FOLLOWS:
1. PURPOSE
FIRST AMENDMENT TO PARTICIPATING AGENCY AGREEMENT 1
The purpose of this First Amendment is to authorize Agency to implement, enforce
and administer the APSA Program within its jurisdiction; to allocate a proportionate
share of the grant funds for the APSA Program to Agency under the terms and
conditions stated herein; to transfer the responsibility for implementation of the
Underground Storage Tank Program from Agency to County beginning January 1,
2009; and to update the Assignment of Unified Program Elements, Attachment A to
the Agreement.
2. ASSIGNMENT OF UNIFIED PROGRAM ELEMENTS
Attachment A to said Agreement, Assignment of Unified Program Elements, is
amended in full as shown in the attachment hereto and is incorporated by reference
herein.
3. APSA PROGRAM AND FUNDING ALLOCATION
The APSA Program Grant Application approved by the California Environmental
Protection Agency (Cal/EPA) detailing the County CUPA and the PA work plan for
the implementation of~he program is in Attachment B. The funding allocation will
be based on the County CUPA and PAs’ facility and tank inventories. County CUPA
and the PAs will be entitled to a prorata share of the grant allocation based on the size
of their inventory and estimated time to implement the program. County will notify
Agency of their share of the grant no later than December 31, 2008.
The APSA implementation activities are from January 1, 2008 through December 31,
2009. Cal/EPA will be providing aboveground storage tank (AST) inspection
training in March of 2009 for the County and PA’s in, spectors. Outreach at AST sites
may be conducted but no AST inspection may be performed until the trainingis
received. A final list of regulated businesses will be categorized by their total
petroleum tank storage capacity and the list will be made available to Cal/EPA by
December 1, 2008.
Beginning January 1, 2010, each regulated businesses will be assessed the APSA
Program fee as part of the single fee invoice. CUPA and PA cannot assess or collect
any of the APSA fees until January 2010. Commencing in January 2010 the APSA
Program will be a Program Element included in the Single Fee System.
4. INVOICES AND REPORTING PERIOD FOR THE APSA PROGRAM
Agency will bill County for incurred costs for the APSA Program from January 1,
2008 to December 31, 2009 including personnel services. Agency may only bill
County for allowed costs up to the amount allocated for the Agency. County will not
be liable for any costs incurred by the PA beyond the grant money awarded for PA
activities by the APSA grant, or not allowed by the terms of the Grant. A brief
description of all actions taken and the work activities performed during the reporting
period specified below shall be included along with the invoice. The personnel
FIRST AMENDMENT TO PARTICIPATING AGENCY AGREEMENT 2
services shall be calculated by using sum of the salaries (hourly rate x work hours)
multiplied by the employee benefits factor. Indirect costs may be charged but may
not exceed 35 percent.. Invoices are due 30 days after the end of each reporting
period indicated below. Invoices will be paid within 30 days following the receipt of
the invoice after the execution of this First Amendment.
The reporting period for CUPA to submit reports to Cal/EPA for grant funds is:
1st Report for work performed from January 1, 2008 to June 30, 2008;
2nd Report for work performed from Julyl, 2008 to December 31, 2008;
3rd Report for work performed from January 1, 2009 to June 30, 2009;
4th Report for work performed from July 1, 2009 to December 31, 2009.
Submission of the reports and invoices to Cal/EPA are as follow:
1st Report ~,: Invoice due August 1, 2008,
2nd Report & Invoice due February 1, 2009,
3rd Report & Invoice due August 1, 2009,
4th Report & Invoice due March 1, 2010.
5. SINGLE FEE SYSTEM AND PERMIT CONSOLIDATION
Section 5.0 of said Agreement, Single Fee System and Permit Consolidation, is
amended in full effective January 1, 2009, as shown in Attachment C hereto and is
incorporated by reference herein.
///
///
///
///
///
//
FIRST AMENDMENT TO PARTICIPATING AGENCY AGREEMENT
5. Except as amended herein, all the terms and conditions of said Agreement shall
remain in full force and effect. ’
IN WITNESS WHEREOF, the parties have executed this First Amendment to
Participation Agency Agreement on the dates as stated below:
"COUNTY""CITY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
CITY OF PALO ALTO
a municipal corporation
By:
Liz Kniss, Chair
Board of Supervisors
Date:
By:
Title:Date
ATTEST:APPROVED:
Maria Marinos
Clerk of the Board of Supervisors
Fire Chief
City of Palo Alto
APPROVED AS TO FORM AND LEGALITY:APPROVED AS TO FORM
Kathy Kretchmer
Deputy County Counsel
Date Melissa C. Tronquet
Deputy City Attorney
FIRST AMENDMENT TO PARTICIPATING AGENCY AGREEMENT 4
0
ABOVEGROUND PETROLEUM STORAGE ACT PROGP-~,M
GRANT AGREEM ENT
BETWEEN THE .-
CALIFORNIA ENVIRONMENTAL PROTEOTtON AGENCY
AND
COUNTY OF SAN’I~ CLARA
OERTIF1ED UNIFIED PROGRAM AGENCY
AGREEMENT NO, 07-687,,550
8tare and Grantee hereby agree as follows:
I J?.SQv~s!p..t_~_S~ The following statute authorizes the State to enter Into this Grant Agreement;
A, California Health and Safety Oode, division 20, chapter 6,67; sectlen 2S270,11
pURPOSE, The State shall provide aigran~ to and for the benefit of t!~e Graniea for the purpose of allocatingmoneys from the Environmental Protection TrustFund (EPTF)’to the Oertified Unified Progi~m
Agencies (CUPAs), In, accordance with the formula and process determined by the.Secretary for
Environmental Protection (Secretary) in consultation with the OUPAs, Up to .80% of the #rant is
authorized by statute to "be paid In advance and will be paw upon approval of the gra[it. The CUPAs
shalJ expend those funds for ths purpose of Implementing the Above,round Petroleum Storage
. (APSA),
3. GRANTAMOUNT. $91,06£.18
4, .7~;~.M OF ~,eREEME!!~ The ~en~ ~f the Agreement sh all begin on 3anua~ 1, 2008, and end o~ Marct~ 1, 20t0,
The grant Is for the implementation of the APSA Program #ore ,January 1, 2008, through
December 31,200£, ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER June 1,
2011,
Either paMy may change its Representative(s) upon wrltbn notice to the other party. The
Representatives during the term of this Agreernentwill be:
Oalllbmla Environmental Protection Agency
GRANT ~,~ANAG~R
John Paine, Staff Emtlronmental 8o!enflst
Sa cram~e_~nto~, ~C_a_ll_famta 9_58t4
Phoo~ (g16) 327-5092
Z~ 322-6555
County of 8ante Clara CUPA
GRANTEE
Name of Project Director, Tille: Grog Van Wa~senhove,
Direcbr ¯
Street Address: t558 Berger Drive
’Fax: (408) 286-2460
~_A~mai!: greg.va n.wassenhove@~!~,sccqov~r# .........
GRANT CONTACT
(If different from Proiect Director)
Street Address: t553 Berger Drive,.
~,~!P.: .~#n Jose, 981 t2
Phone: ~408~ 91 &1984
Fax: (408) 280.6479
_A~tt’, B]co!e, p~lm#o @d e h.sccg ov.oLg
STAb DARD AND SPECIAL PROVISIONS, The folioWlng exhibits are attached ~nd made a part of this Aglre~raent, by this reference:
Exhlbil A
ExhIbE B
Exhibl~ C
REPORTING AND INVOIOING PROVISIONS
SPECIAL AND GENERAL PROVISIONS
APBA GRANT APPLICATION
.t
0ounty of Santa Blare Oer~ifled Unffied Program Agenoy
APSA GP’an~ Agreement No, 07.-687-560
Page 2 of 6
¯oommtlmen~s of this A#reemen~t lnoludln# all tooo)’poraied dooumanb~ and to fulfill all
?ppllcai~on~ accompanying documents, and ~mmunioafion8 ~led In suppofl of Its requestmr g~n~ flmdlng,
8, ~.EE!NLZIDJq~, The following defined t~,rms apply tiireUghotlt th s Ag "eement
~’~8A" means ~e Abovaground PelrSleum Siorago Aot;
’%87~ mean~ abovegmut)d ~lorage tank;"Oa!/EPA~ mean~ the Oaltfomla Environmental Protection Agency;
"OUPA" means the Oerll~ed Untied Program Agency;
"EPTF" means t~e ~nvlronmel~tal Proleoilon Trust Fund;"O#antee~’ means fl~e Ootln~y of Bahia Blare OUPA;
"PA~ means lhe Padiolpallng Agenoy;
"ProJ~cf~ means the implemen(alion of the Aboveground PetroleUm Storage Act;
"Secreta~" means the Secreta~ of the Oalifornia Environlnental Proteotlen Agency; and
"8iat~" means the State ~f Oallbrnia, lnolu41ng Oa~EPA,
IN WITNESS THEREOF, lhe p~rtla~ have executed thle Agraemerl[ el~ ihe dales set forth below,
Dale
Secretary
Oouniy of Santa Clara Oedified Unified Program Agency
APSA Grant Agreement No, 07-687-550
Page 3 of 6
EXHIBIT A
REPORTING AND INVOICING PROVISIONS
A.REPORTING PRO_ _VtSION~£
The Grantee she. I prepare ai~d s[lbmit APSA Program Implementation Status I~epor~sl including invoices
for documentation of expenditures, and an lnvento~ of abuvegroulid storage tank (/.kST) facilities to the
OalfEPA G~nt Managgr at the following address:
California Environmental Proteotlot~. Agendy
Unified Progral’a Section
clo John Paine, Staff Environmental $cienti.st
1.001 "1" Street, 4~h Floor
Sacrameato, Oalifornia £~814
Each report shal!,provide a brigf descriptfon of a the actions iaken and,work activities performed during
the reporting period, As necessary, the repor~ sltall also i~slude a desellptlen of any probiems
encountered or potential I~su%s, ’ dentlfied that may affect the terms conditions, provisions, or
commitments contained under this AgreemenL
~, Each report shall have a cover letter certified by ti~e Project Director or the Grant Contact,
4, For purposes of the APSA Program’lmplementatbn Status Reports, the re#o~in~ period, is as follows:
January 1, 2008, to June 30, 2008
July 1, 2008, to December 01, 2008
January t, 2009, to June 30, 2009
JUl.y, 1, 2009, to December 31,2009 ...
Submission of the reports and Invotces shall be tn accordance witll the following schedule:
a.1~t Report & Involbe ~A~August ’1, 2008
b.2n~ Report & tnyoice Due Dat______~e ,February t, 2009
c,3~ R@o~ & Invoice D~e Da~e AuB~s~ ~, 2009
d,Final Repo~ & lm(oJce ~Qafe March 1,2010
For purposes of the Inventory of AST facilities, th~ Grantes shall submit a revision of the Cat/EPA list of.
AST facilities fur the CUPA’s Jurisdiction, The revtslo[) will ~erve to determine [he final percentage share
for each CbPA for any funds remaining from the Eavironmentai Protection Trust Fund, "The Grantee shat;
use the format provided in the CalIEPA fist of AST facilities,
The Grantee shell submit fl’~e revised Inventory of AST facilities to Cat/EPA no later than December t,
I~NV..OIOING PROVISIONS
1,Invoices shall be used to depict the expenditures thou.fred by the Grantee in impler~entation of the APSA
Program from January 1, 2008, through December 3I, 2009.
2.The tnvelce shall include eli APSA Program Implementation expenditures (d~reot and inclireot) incurred by
the Grantee during the reporting period,
3,The invoice shaJ] be submitted as an attachment to.t:he "h’nplernentatlon Status Report," in accordance
with the submission soheduie provided above.
4, The Grantee shall use tt~e invoice template format provided by Cal/EPA.
County of Santa Clara Certified Unified Program Agency
APSA Gr’~nt Agreement No, 07~87-550
Page 4 of 6
EXHIBIT B
SPECIAL AND GENERAL PROVISIONS
AMENDNENTS: No amendment or variation of the terms of this Agreement shall be valid unless made t1~
wMtlng, sighed by the par~les and approved as required, No oral understa~ndlng or agreement not.
Incorporated in the/kgreemant Is binding on any of the parties,
DISPUTES: ThE Grantee sbalt continue with the respons;blti!ies under tt~i~ Agreement during any dispute.
Any dispute arMn£~ onder this A~reement which ~s not otherwise disposed of by agreel~nent sh~ll be
deo~ded bythe CallEPAAssistant Secretary for Local F~ograms or an authoMzad representaf~ive, The
deolsion shall be in writing and a copy ti~ereoffurntshed to the Repra.sentat;ves of thtsAgreement, The
decision of the Assistant Secretary shatl be final and 6onolUsive unless, wl~htn thirty (-30) calendar days
after mallln~l of the declslon to the Grantee, ~he Grantee furnishes a wMtten appeal of the decision to the
Secretary for Environmental Protection, wilh carbon copies furnished to ~he OalIEPA Assistant Seoretar~
for Local Programs and the CalIEPA Grant k4ana#ar. The deolsbn of the Secretary shall be final and
c6ncluslve unless determined by a coud of competent JuMsdtctlon to have been #audutent, or capricious,
or arbitrary, or so grossly erroneous as necessaM[y to.Imply bad falth~ or not supported by substantial
mvldenoe, In co~nec[lon wlth any app~at L~nder this clause, the G~ntee shut] be afforded an oppor~untly
to be heard and ~o bffer evidence in suppqrt of its appeal, Pending final deoisbn of a dispute hereunder;
the G~antee shall continue to fulfill and comply with all th~ f~erms, provisions, commitments, and ’
requirements of this Agremmer~, "This clause does nof~ preolude consideration of~ legal questions, .provided
that nothing herein sl~all be ool~strued to make final the daemon of~he CalIEPA Assistant Secretary for
Local programs ol¯ the Secretary, on any question of !aw,
FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: ~he Grantee agrees that, at a
¯ minimum, Its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to
a level of e×peedlture adequate to establish that such funds have not beon used in violation of s~a~e law
or ~hls Agreement, The Grantee further agrees that it wilt ~aintaln financial accounts In acoo~’dance with
generallyaccepted accounting; principles, Without limitation of[he ~equirement to maintain financial
management systems and accounting standards in accordance with generally accepted fiscal and
accountin~ principles, the (~rantee agrees to:
a, Establis6 a financial .account(s) and aocoonting system(s) that wiil adequately and ~ccura~:ely depict
aff EPTF amounts received and expended during the term of this Agreement, Including but not ~lmlted
EPTF advance allocation amounts, including interest earned;
Additional EPTF allocations arnount~;
All APBA Program implementation expenditures (direct and indireot); and
Running balance of EPTF allocations and expenditure&
RECORDS MANAGEMENT: Malntain all documentation and financial i’ecords, as may be necessary, for
the state to folfill federal reporting requirements, including any and all reporting t’equlremen~s under
federal tax statutes or regulations, Establish an official file for the EPTF alldoation that shatl adequately
document all slfl.nlflcant activities and actions relative to the Implementation of the APSA Program,
Inoludln~i bu[ not limited to:
a. Fisoa! accounting;
b~ APSA Implementation Status Reports; and,
c. Invoicing and supporting docurnentat!on,
5,TIMELINE,£S: Time is of the essence in tl~is Agreement, The Grantee shall p;’oceed with APSA Program
implementation In an expeditious manner, The Gray, tee shall prepare and s{~bmlt a ~equ red reports and,
Invoices a~ stipulated In this A~/reement,
County of Santa Clara Codified Unified Program Agency
APSA Grant A~reernent No. 07-687~550
Page .5.of 6
WITHHOLDING OF GRANT DISBURSEMENTS; CaI/EPA may withhold all or any portion of the EPTF
albcatlons provided for by tt~is Agreement In the event tlle Grantee:
a. Mate.flatly violates, or threatens to ~aterlally violate, any term, provision, condition, or
c~mmitment of this Agreement; or
b, Falls to maintain reasoI~able progress toward implementation of the APSA Program,
B. @~.[~.AL PROVISIONS
1. ASSIGNMENT: This grant is not ~ssigl~ab!e by the Grante~, either in wl~ole or In pa~l, .wlthout the consent
of the State,
2.AUDIT:.Grantee agrees thatthe OalIEPA, the Bureai4 of State Audits, or their designated representative
shall have th~ rlghtto review and to copy any records and suppenting documentation pertaining to the
expenditure of allocated EPTF moneye and performance ofthts Agreement. ]’he Grantee agrees to
maintain such records for a possible au~lit for a minimum of three (3) years after term af ttle Agreement,
r~asonably have Information relafed to such records. Fu,~ther, the Gi’antee agrees to ir~elude a similar right
of the State t6 audit records and inte~Mew ~taff In.any contract related to performance of thls Agreement.
3. COMPUTER SOFTWARE; The Grantee cer~ifies that it t~as appropriate systems and controls in place to
ensure that state funds ~vill not be used ]n the performance of this Agreement for the acquisition,
operation or maintenance of computer sof~areln violation of copyright laws,
CONFLICTOF INTEREST: The Grantee oe~lifies that It Is in compliaince wl~h applicable state and/or
federal conflict of interest laws.
GOVERNING LAW: This g~’ant is governed by and shall be interpreted in accordance witl~ the laws of the
State of California.
INDEPENDENT ACTOR; The Grantee, arid Its agents and employees, If any, in the pe,fformanc~ of ~his
Agreement, shall act in an ~ndepe:qdent ~apaolty and not as officers, employees or agents ef the State.
NONDiSCF~IMINAqION: During the pedbn’nance of tt~is Agreement, the G~ntee and its contractors shall
not unlawfully discriminate against, harass, or allow harassment against any emplo~,ee or applicant for
employmen~ because of sex, race, religion, color, national or;gin, ahcest~, disabi!i~t sexual orien~tion,
m~ca} condition, mar~l status, a#e (ove~ 40) or de~al of family-care leave, med}cal-~are leave, or
pregnanoy~dlsabiltty leave. The Grantee and its contractors shall ensure that the evaluation and
treatment of their employees and applicants ~r employment are free of such discrimination and
harassmehL "
NO TFIIRD PARTY RIGHTS: The parties to this grant Agreement do not ~,rea[e rights in, or grant
remedies to, any lhird party as a beneficiary of 1his grant Agreernent, or of any duty, covenant, oh!igor]on
or undertaking established herein,
TERMINAl’ION: ";’he State ,may terminate this Agreement and be relieved of any payments should the
Grantee fall to pertbrm the requirements of this Agreement.at the time and In the manner herein provided.
tn the event of such termination, the Grantee agrees, upon demand, to immediately return the remaining
unused portion, if any, of the Grantee’s allocation of the EPTF.
I0. UNENFORCEABLE PROVISION: In tl3e eyelet that any provision of this Agreement Is unenforceable or¯held to be unenforceable~ then the parties agree that all other provisions of this Agreement shell continue
to have full force and effest and shall not be affected thei’eby,
Oounty of Santa Cla~-a Certified Unified Program Agency
APSA q~rant Agreement No, 07~687-5£~0
Page.8.of 6
EXHIBIT C
APSA GRANT APPLICATION
~L ROL~UM tTORAG~ ACT (APe~) PROGRAM
GRANT APPLICATION. .
I, Entity informatior~: ,
Name of Grantee: County of Saqta Clara
Name of Project Directo[: @rag Van Wassenhove
, Address: i~r53 Gorger Drive
Ctty~, Zip; San Jose, CA 951"I2
Phone: {4,08) 9184646
Fax: (408) 288.2460.
’ E~Mail: greg.van.wassenhove@era.sccgov,org
Name of Grant Oont~c_~t ~(if applicable).:, Nicole Pullman
AddresS: 1555 Berger Drive, Suite,300
City, Ztp: Sa~,Jose, CA 95112
Phone: {408) 9t8~1984
Fax: (408) 280-6479
E*Mai~: nicole.p~llman@deh,sccgov,or9
Grant Amount:$9i, 069,18
Work plar~: (Scope of Work)
Santa Clara Coun~ AST Imp),9,!#enta¢ion Plan
’][he County of Santa ClaraCUPA has five (5) Participating Agencies {PA)., They arett~e Cities
of IVliipif~s, Moun~in View, Pato Alto and Sar~ .Jose and thte Santa Clara COun~ Fire
Depa~ent, Regulatory a~ithodty over the aboveground, petroieum storage facilities have
been assumed by ~he PAs and CUPA within each jurisdiction, The Ceun~ of Sa~ Clara
CUPA will incorporate the implemen~tion of 1he Abovegrou~d Petroleum Storage Act (APSA)
P~*ogram into the existing Unified Program st~’eCt~re ~stabiished for the Oounty of Santa Clara.
The current activities ofveri~,ing preparation of a 8pi~l Prevar~tion Control Countermeasure
(SPCC) and referrals to file Regional Woter Quali~ Colltrot Board will be ra~laced with
implementation and admiffist~ation’of the APSA, begir~ning on January !, 2008~ The following
v~ork plan, and associated flmetines for compIetion, address n!t aspec~ related to boun~ of
San~ Clara’s planned APSA implementation activities #ore of the January 1, 2008~ through
Decembdr 31, 2009.
]~’~1/ ’~ ~ ~[ A~SA GRANT APPLICATION- )~ebr~ar~, 2008
, ,t~’~A’Y 3 0 2008
Work
The County of S~nta Clara CUPA and PAs will incorporate the APSA Program into
e×istlng Unified Program (UP) Fee Ac~oun~bllib~ sys:tem~ accounting for ~he fee
schedub, ~he actual a~ount billed, a~d !he rev~ue collected. In addition to ~he Fee
A~coun~ability system, the Department will ~:¢q~est of the Board appro~a!.for..an ann~al
fee increase based upon th~ Consumer Pric~ Index (CPI-U) as o~Ibmd by ~ounb/
and ~ost.effective operation of ~he p~ogram for which the single fee is assessed: Eor
the APSA. Program, th~ Fee Aooountabili~ program wt!l be instituted before
incorporating it into ~e single fee system, Tlte County ~f San~ Clara CUPA and PA’s
Fee Accoun~bJli~ program includes the foilow~ng elemen~; ’ "
o Accounting for: the fee schedule, the act~ml _amount t~illed, and .the rewnue
collected;
o 13isorete biilable-servlc.eS, categorized as ge~e~al;
o S~affwork hours ~’~quired ~o tmplame~t the APSA.p~ogmm;
o Direct program e~enses (including durable and disposable¯o ]ndh’ect program eFpenses (including overhead for facilities ~nd
o The number of bUsinesses regulated under the APSA Program in San~ Ct~ra
Comity within CUPA and PA’s jurisdiction; an~, .
o The Quanfi~ find range of se~ic~s provided, i~cludin9 freqbency of inspection.
The incorporatior~ of the APSA Program into file Unified Program Fee Accounf~bili~
Sysbm and Program will be accomplished by January 3t, 200~.
Prior b January 1, 20’~0~ 8~e Oo[m~¥ of Santa Clara Board of S~pe~’visors and ~fle PAs
governing bodies will adopt the APSA program fee as par~ of the UP Slngte Fee system
~n ~he County of Santa Clara CUPA, The APSA Program feb will be es~btished at a
level su~cieiff ~o pay’the !lecessa~x and reasonable os~sinourred by the CUPA and
PAs in administering lhe APSA Progl~m, including, bu~ ~ot llmite~ to, irmpeeiions~
enforcement; and,adm inistrat~ve #oats’,
.By Janua~71, 2,0!0, the County of Santa Clara CUPA~s "UP Single Fee Invoice" will be
amended to ~nclud~.a ~ne Kern for the APSA Program fee, F~es for notateurging APSA
Program .aetivKies of the.CUPA such as, But ~o~ l~mited to~ the feb for an ~nftial permltor
specia~ ~nspecti~n, may be b~lled separately from the "UP Single Fee Invoice,"
Beginnln~ ~n January 20i O, each reg~late~ business wflt be’assessed the APSA
Program fee as pa~ oft~e single fee invoice,
]~he County of Sa~lta Clara OUPA UP ,fee s~hedules will be available t0 interested
paRies on ~he c£unty Web Site or upon ~’equeS~ ~o the CUPA,
~e’ San~ ~]am ~oun~ CUPA’s dispute resolution procedures will be amended to
’ inuorporat6 the APSA Progral~, which wiII guide the resolution of fee disputes that arise
between the busine~ses r~ula~ed under the APSA Program element,
~Ilo ’ _gt~!n~I,PJan
The oun~ of Santa Clara OUPA and PAs do net believe it is ~eoessary.to-add new
perrdanent, or co~tract s-~ff, ,to accomplish }he goals eft~is ;~ew prograra element.
order,to,Confirm that existing s~ff are capable 0f inuorporatin~ new AS PA task~ into
th~ CUPA program th~ following will be’considered;
-Number of verified facilities TegaJated under the APSA ..:
~Time necessap/to evaiuate documen~tion applicable te APSA cemplia6ce
S~ff time to provide guali~y insp~c,tio~ and ~nforcement rogations
.Data maintenance and reposing reqa~remen~<
. -Accounting an~ Clerical Su~po~
.,Supe~isipn and managementn~eds
The sta~ng assessment will be templet.at3 by January 31, ~01)~
tVI IdentificatiOn of ASAP Re~qulaied Facillties
.CalEPA provided a lisl of known APSA facilities with, in our ]urisdiction, This list was
updated, returned to CalEPA an~ now appears.t,o be reasonably complete, To ved~ thO
accuracy of the facili~ tlst~ each faoili~y will be connoted in o~der to o£~n appropriat~
Information, if nacessa~, in’specters will conduc~.facl~i~ evaluations.
A o~mp~ete~ verified list, of facilities, ~h~i he,idles petroleum materials t~ amoun~ equa~
to~! detroleu~ ~nk storage capaci~.
A final list will be made available ~:o.CaiEPA by December I, 201~8,
Staff Trait~in~_g_Plan
All CUPA and PA staff w~l] ~omp|ete the prescribed APSA training program as
established by CaIEPA. Staff wil~ successfully pass the req~.fired examhiation prior
copducting fiel~ l~spectlons. Ih.house refreshe~ ~raining will be provide~ annyally.
Classes provided at the annual CUPA Conference will also b~ a~ended.
ill . ABOVEGROUND P!~,YR,DkEUM STORAGE ACT (APSA) PROGRAM
!!J ~GRANT APPLIOATION ......................
All staffwili have Cmnpieted training by October 3’1, 2008
Vt. ~s_#ectlon ~rtdCornlSliance
The C~unty of Santa: Clara CUPA and PAs will ensure all regulated facilities subject to
the APSA program, are ~n compliance with eli requitemen~ This w~ll Include SPCO Plan
’ p~eparation and implementation, annual submission of facil~ty ~ta~emen~ and fees and
preparation and d~stribution of sdill noti~uations, The Coun~ ~f San~ Clara’CUPA and
PAs will meet.the inspection fraq~ency established by the new lawlregulati0n. An
insp~cfion and compliance plan will be developed for regulated ~nk facilijies with
storage capacities be~veen t,320 and 9,999 gallons, Under the CUPA and PA’s work
plan~ co~ broad routine (comp~muce) inspections wdl be conducte8 :whmh will ihc]Ud~ avisual lns~ectiom. Th~se faeihties with ~apacitles equal t5 or greater than I 0,000 will be
Inspe6ted annually to ensure that they are In full compliance with U.S. Cod~ of Federal
Reg~dalions,.Tifle 40, Par~ 112. The inspections Will inc}ude a visua[ inspection of
~ni{s ~s noted above.
All inspections :~iil be doc’umented on an inspection report form, Violations will be
’noted on the inspection repo~ fbrm, ~iolafions will b~ appropriately categorized as
minor oF significant, Facili~ operators will be requiredto correct miner violations within
30 days. Significant violations necessi~ffe administrative 6r oivi[ enforcement action.
’The i.~spection t enforcement plan wil! be eompf~ted by September 30, ~008
Vll, ~P.__.A~dminist~:ative Procedures
The County of Santa Clara CUPA and PA’s administrative policy and.procedures wilt be
t:eviewed and ~!pdated, as necessary to incorporate all re]event aspects of the APSA
Ft.t gram. All revisions will be completed by Decemb~;r 31~ 2008.
The Santa Clara County CUPA.and PAs will develop edimational and guidance materials
for those businesses rpgula,ted under the APSA Progr&~d, The educational add
g~idance materials may iltClude fa¢~ shee~ and guidance documet~ to assist
regulated businesses in complying with all requirements’ of the APSA Progrmm Thi~
material will ’be developed prior to September 2008; In addition to ~hese educational
at)d guidance ma~eria]s, the County o£ Santa C]ara OUPA will make available ca the
Depa~mel~t ofEnv]ronmen~l Heattl~ website prior te SeptembBr 2008~ the APSA
Program requirement, Requiremen~ will address specific issues or appropriate
methods of compliance which may be accessed by the regulated businesses,
APSA C~IIAN] APPLICATION- F~brnar~ 20~8
GRANTAPPL]CATION= . ~ ’
, ~Jt
IX, Other Implementation ActK;ities
Within fl’~e Cot’mty of Santa Clara fl~ere.~are four CUPAs (C{ty of Ollrey CUPA, Oity
’San~ O~ara C0PA, City of Sunnyvale CUPA and.~h~. County of San~ Clara OUPA) ,w~th~nthejufisdic6onal boundaries of the co~ni~, The San~ Clara Ceun~ CUPA has five
Participating Agencies (PA)~ They are the C{t;es of Milpitas, .Mountah~ We% PaIo’Atto
’an6 San Jose and th~ San~ Clara Cmm~ Y~re Department Regulatory authority Over
the aboveground £et~oleum stor&ge faciUtieS have been assume~ by the.PAs and CUPA
w{thln each jpr~s~ction, The Coun~ o~Sa~ .Clara CUPA~s jurls6tction include Los
Altos, L~s Altos Hi}]G ~o~te Sere~o~ Saratoga and dni~lcorporatej terr{tory.
Clara county Fire Depadment’s jdrisd~c{~o]~ ~nciude Campbell, Cupe~ino, Los Gatos
and Morgan HiII: San~ Clara Coun~ OUPA a~d.PAs will coordinate activities and
responsiM]ities in ~he implementa6on of APSA program: C~PAIPAs agree~e~ w~ll be
.reviewed. Necessa~ ame~dmea~ to the CUPHPAs agreemen~ are.expected to be
comple~d by December J, ~009. Zhe PAs ~;ill submit to OUPA a list of r~gu~ated
faci]ities which wEl be oomp~;ed as o#e (J) ~st and subm~ed to Ca~iEPA by D~cember
2008 by CUPA, Sant~ ClAra CUPA assumes responsibilities as a pass through
forlinanclat arrangem~n~ f6r the grant ac6v~ties under ~he scope of work and
reimburse tl~e PAs for expend~t~r6s of their aireet program cos~. The County of San~.
Olara CUPA w~ll be ~e~orming the reporUng requ~remen~ to OalEPA under th~s
Implementation Tlrneline
Mar Juri Se~c__~.j.~a[_..~~ D6c Mar
Bust~esses !~ ......[ ......~
~Dt:~Gt Pro~osts~:
Op~rafng Expenses (prorated for proCeeD
Travel Exp~nses
S~ppliestMaterials (1~4~ than $5,000 per Item) ’
Equipment ($~,000,or m’om per tern)
ProfessionaJ/Consutant Services (Participating.Agencies) $ 78;74!,30
Indirect Cos~ (t8.56%)(Rate’a#pled 1o Personnel Sewi~s only) $ 1,929,8I
TOTAl.
*Salary i~ ba%ed on hourly rate and tmllde~ fringe ben ’etts,
$ 9~1,069,’18
5, CERTIFIC:ATION
I cert@ under p~nalty of perjury timt the hforrnalon t have eriemd on thb application Is ~rue and c~mpte[e 1o the best of my .
k.lowJedge and that I am an employee of I)e apploant a~lholzed to submt lhe applioaton of~bahatf of 1he apph~ato~, I
further understand thai any fa~s~ ;ncomplete, or incorrec[ stat~m~n~ may rebut ;n th& dt~quall~cation~d INs apptloat on
By s~gning thi~ appttoalon, I waive any and all rights to privacy and ~onfldenla ty of the proposa! on bahalf of tl~e applcaN,
tothe e~en[ #mv~d tn INs program.
Printed Name o~A’pplcant
tA¥ 3 0 2008
........ ~AI,!~PA. "
APSA ~RANT APPLICATION - ln’eb’nary 2008
CALIFORNIA NVIRONMENTAL
I ROTECTION AGENCY
dune 4,2008 Certified Mail: 7003 168~3 0000 6167 6360
Mr. Greg Van Wassenhove, Director
Santa Clara County
Department of Agriculture and Environmental Management
I553 Berger Drive
San Jose, California 95112
Dear Mr. Van Wassenhove:
The California Environmen_tal Protection Agency (Cal!EPA) has received and signed the
Aboveground Petroleum Storage Act (APSA) Grant Agreement for tile County of Santa
Clara Department of Environmenta! Health Certified Unified Program Agency (CUPA).
Please find the enclosed copy of the signed APSA Grant Agreement for your records.
The CUPA’s initial advance check should be received in a few weeks.
If you need fu~1her assistance or have questions regarding the APSA grant, you may
contact John Paine at (916) 327-5092 or jpaine@caleDa.~
Unified Program
California Environmental Protection Agency
Enclosure
Ms. Nicole Pullman (Sent via ernail)
Santa Clara County Department of Environmental Health
1553 Berger Drive, Suite 300
San Jose, California 95112
ATTACHMENT C
5.0 Single
5.1
5.2
5.3
5.4
5.5
Fee Systemkand Permit Consolidation
Single Fee system Implementation. County and Agency are
implementing a Single Fee System in accordance with Health and Safety
Code (HSC) § 25404(d) and 25404.5, California Code of Regulations,
Title 27 (27 CCR) § 15210.
Development of Single Fee System.. Agency has had a Single Fee/Permit
system in place for all Unified Program elements and service fees since
January 2001. Agency is turning over to the County the responsibility to
administer the collection of the single Unified Program fee.
County Collection of Single Fee. Effective January 1, 2009, County
shall administer the collection of the single Unified Program fee. A list of
the facilities and the appropriate fees for each Program Element being
implemented by Agency has been provided to County using mutually
agreeable electronic transfer protocols where appropriate. Upon request
by County, Agency shall make available for County review, all applicable
records regarding Agency’s fe~s, collections, transfers and retentions.
County shall be entitled to recover its cost of implementing the single fee
system through Permit Fees for the Programs Elements being
implemented by County, or through a Unified Program administrative fee
which shall be incorporated into the single fee system.
Issuance of Consolidated Program Permit. The single fee to be issued
to each regulated- facility shall include a st~mmary sheet itemizing fees
associated with each Program Element, including the annual State service
charge. Each facility shall pay County all fees for Program Elements
delineated in the single fee billing statement within thirty (30) days of the
invoice date, unless County and Agency have mutually agreed to adoption
of a deferred or installment payment plan as part of development of the
unified fee system. Upon receipt of full payment, a consolidated permit
may be issued to the facility by County.
Disbursement of Fees. County shall transmit all funds collected for
Agency, to Agency no later than ninety (90) days after the end of the
month in which the fees were collected. Each transmittal of funds to
Agency shall include an itemized listing of Agency account number,
business name and site address, the total amount due, the fees that were
collected and anybalance due. Partial payments shall be apportioned to
the County, Agency and the State based on the proportionate amount due
to each agency.
5.6
5.7
Collection of Delinquent Fees. County will transmit a list of those
facilities that have failed to fully pay Agency fees within sixty (60) days
after the fees have become delinquent. Agency shall be responsible for
collecting any delinquent Agency fees, including any late payment penalty
imposed by the Agency. County shall be responsible for collecting any
delinquent County fees, including any late payment penalty imposed by
County.
County Remission of State Surcharge. County will continue to transmit
to the Secretary all collected State surcharge revenues within sixty (60)
days of the end of each State fiscal quarter in which the revenue is
collected.
5.8 Non-Recurring Fees. Each of the Parties shall be entitled to continue
independent billing and collection of all non-recurring fees, including but
not limited to fees associated with one time permits, or new businesses or
facilities.
5.9
5.10
5.11
Fee Collection since Implementation of Single Fee System. Agency has ~
been collecting fees since January 2001 and effective January 1, 2009
County wilt begin collection of all fees billed under the Single Fee
System.
Fee Accountability program. Prior to implementation of the Single Fee
System, County and Agency reviewed their existing fee accountability
progranas and made necessary modifications to comply with HSC
§25404.5(c) and 27 CCR §.15210(b). County and Agency shall review
and update their fee accountability programs as necessary to maintain
compliance with unified program agency requirements
Authorization of Single Fee. This First Amendment constitutes
authorization for the County as of January 1, 2009, to collect the State
surcharge and any amount(s) established as Unified Program fees,
including any Unified Program Administrative Fee(s), adopted by
ordinance or resolution of the County Board of Supervisors or Agency
City Council.
Attachment 2
PARTICIPATING AGENCY AGREEMENT BETWEEN
COUNTY OF SANTA CLARA AND CITY OF PALO ALTO
PROVIDING FOR ADMINISTRATION OF THE UNIFIED HAZARDOUS WASTE
AND HAZARDOUS MATERIALS MANAGEMENT PROGRAM
This Participating Agency Agreement is made and entered into this __ day of .,
1997 betxveen the County of Santa Clara ("County") and the City of Palo Alto relating to the
implementation of certain hazardous materials and waste programs within the City of Palo
Alto as specified in Attachment A which is incorporated herein by reference.
Botl~ of the above-mentioned entities are collectively referred to hereinafter as the
"Parties" and individually as "Party." The City of Palo Alto is referred to as "Agency" and
as "PA" when appropriate, which abbrevia~tion is explained below.
RECITALS
WHEREAS, County has applied to the Secretary of the California Environmental
Protection Agency (CalEPA) to become a Certified Unified Program Agency ("CUPA").
under Health and Safety ("H&S") Code §§ 25404 et seq. within Agency’s boundaries;
WHEREAS, H&S Code §§ 25404 et seq. allow a CUPA to reach agreement with
one or more entities that are certified fis participating agencies ("PA(s)::) c0nderning the
respective roles that the PA(s) and the CUPA will play in’ the implementation of the
hazardous materials ’and waste laws specified in H&S Code §§ 25404 ~ seq. ("Unified
Program") within each PA’s boundaries;
WHEREAS, County and Agency wish to enter into this Participating Agency
Agreement ("PA Agreement" or "Agreement") pursuant td H&S Code §§ 25404 etseq, in
which County is the CUPA and Agency is a PA;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreementscontained herein, the Parties agree as follows:
1.0 GENERAL PROVISIONS
t.1 Definitions of Terms. Terms used in this Agreement have the meaning
5 ’¯ assigned them by state law. as established by H&S Code §§ 2_404 et seq., ind by CalEPA
r.egulations respecting those sections (See 27 CCR sections 15100s 15320).
1.2 Citatibns. References or citations to laws and regulationsher~in are current
as of the date this PA Agreement was entered into.
1.3 Effective Date. The effective date of this Agreement shall be July 1, 1997.
.1
2.0 IMPLEMENTATION AND MAINTENANCE OF UNIFIED PROGRAM
2.1 Quarterly Coordination Meetings. County and Agency agree to
implement and.maintain a consolidated, coordinated and consistent Unified Program
through quarterly meetings of the Parties" Coordinators or their designees. The Parties’
Coordinators of their designees shallbe responsible for alternating the selection and
provision of a meeting location. The purpos.e of the meetings ~vill be to identify program
improvements and modifications mutually acceptable.to the parties that xvill allow for
greater consolidation, coordination and consistencY in the implementation of the Unified
Program Elements shown in Attachment A.
2.2 County-wide Coordinationu County and Agency agree to establish and
participate in a county-wide technical com{nittee to address issues related to unified
program consolidation, coordination and consistency. County and Agency agree that they
shall each have their own vote on the technical comrnittee:
3.0 COUNTY RESPONSIBILITIES.
3.1 County CUPA Designation. As .a condition precedent to an)’ obligation~
arising hereunder, Cot.mty shall obtain CalEPA certification as the CUP& with jurisdiction
within A~ency s boundaries.
3.2 Count), CUPA Applica.tion. County will incorporate into its. CUPA
application lhe terms of this PA A.greernent, including designation of Agency as a
proposed PA performing the Unified Program elements set forth in Attachment A.
3.3 Count)" Implementation of Unified Pro~gram Elenicnts. County;.shall be
responsible for inaplementing within Agency’s boundaries those Unified Program Elements
specified in Attachment A to this PA Agreement, and shall coordinate those activities with.
the AgencY,. County shall remain in compliance with the requirements of H&S code §
25404.3 (b), which includes maintaining adequate technical expertise, staff resources,
budget resources and funding mechanisms to effectively and continuously implement such
Program elements, and County shall ensure that the requirements of H&S Code § 25404.2
will be fully imp!emented for such Program Elements.
3.4 Reporting and Review. County shall collect and consolidate
documentation submitted by Agency and prepare and submit reports to CalEPA as required
to implement the Unified Program. County shall cond~ci an armual self-audit, which shall
include an evaluatidn of Agency’s performance and self-audit and shall prepare a report of
audits within ninety (90) days after the end of each fiscal year. Audits and reports shall
conform to CalEPA requirements for CUPA self-at~dits. County shall be responsible for
providing such supplemental information and reporting as may be requested by CalEPA.
2
4.0 AGENCY RESPONSIBILITIES
4.1 Agency Implementation of Unified Program Elements. AgencY shall be
responsible for implementing within its boundaries those Unified Program Elements
specified .in Attachment A to this Agreement, and shall coordinate those activities with the
County. Agency shall remain in compliance with the requirements ofH&S Cod~§
25404.3(b), which includes maintaining ade.quate technical expertise, staffresources,
budget resources and funding mechanisms to effectively and continuously implement such
Program Elements, and Agency shall ensure that the requirements of H&S Code § 25404.2
will be fully implemented for such Program Elements.
4.2 Reporting and Auditing information.
~1.2.1 Annual Audit ~and Report. A~gency shall perfoma and
prepare an annual self-audit at the end of each fiscal year. The audit shall be submitted to
the Cotmty by September 1 of each year. The self-audits shall conform to CalEPA
requirements for CUPA self-audits.
4.2.2-Required Annual Information. Agency agrees to provide the-
following information io County in a mutually, agreed upon format as part of the annual
self audit: (1) a summary of Program.Element activities including, but not limited to, the
number and types of regulated businesses under each Program Element, the number and
types of inspections completed and violations found and the number.and types o~
enforcement actions taken. The summary shall evaluate the effectiveness aiad efficiency of
permitting, inspection ancl enforcement activities unde.rtak~n; (2) a summary of the Single
Fee System activities; (3) a summary of the progress made toward consolidating,
coordinati}ag and making consistent the Unified Program; (4) arecord of changes in local
ordinances, res(~lutions and agreements affecting the United Program; and (5) a summary
of the annual review and update of the fee accountability program.
5.0 Single Fe.e S)~stem and Permit Consolidation
5.1- Single Fee system Implementation Date.. Agency and County shall.
implement a Single Fee System in accordance with H&S Code §§ 25404(d) and 25404.5,
and 27 CCR § 15210 within five (5) years of the Effective Date of thi-s Agreement.
5.2 Development of Single Fee System. Agency Coordinator and County
Coordinator shall each assign, anappropriate representative(s) to meet on a quarterly basis
for the purpose of d.eveloping a single fee syst.em and schedule for implementation’ of the
single fee system that is mutually acceptableto both parties. Thefirst such meeting shall
occur no later than August 31, 1997. The Parties’ assigned representatives shall each be
responsible for alternating the selection and provision of the meeting location. At least
thirty (30) days prior ~o the first meeting the parties shall exchange up-to-date lists (in
compatible electronic format if possible) of the facilities which they regulate and the
unified program permits issued to each facility. The single fee system shall be designed to
ensure that each party receives the amount that it determines to constitute its necessary and
reasonable costs of implemen.~ing the Program Elements(s) which it is responsible for
impleme.nting, including all costs associated with implementation of this PA Agreement.
5.3 Agency Collection of Single Fee. Upon implementation of the single.fee
system, Agency shall administer the collection of the single Unified Program fee. County
shall notify the City., in writing, of its program costs and the feesthat have been adopted by
Countyresolution/ordinance by April 30th of the first year ih which the single fee system
is to be implemented and by April 30th of each year thereafter. County shall provide to
Agency a list of the facilities and the appropriate fees for each Program Element being
implemented by County using n-iutua!ly agreeable electronic transferprotocols where
appropriate. Upon request by Agency, Coui~ty shall make availablefor Agency review, all
applicable records regardingCounty’s fees, collections, transfers and retentions. Agency
shall be entitled to recover its cost of implementing the single fee system through Permit
Fees for the Programs Elements being implemented by City, or through a Unified Program
:administrative fee which shall be incorporated into the single fee ~ystem.
5.4 Issuance of Consolidated Program Permit. The single fee to be issued to
each regulated facility shall include a summary sheetitemizing fees associated with each
Program Element, including the annual State service charge.’ Each facility shall pay
Agency all fees for Program Elements delineated in the single fee billing statement within
thirty (30).days of the invoice date, unless Agency and County have mumalli’ agreed to
adoption of a deferred or installment paym.er~t plan as part of development of the unified
fee system. Upon receipt of full p.ayment, a consolidated permit may be issued to .the
facility by Agency.
:;
5.5 Disbursement of Fees. Agency sl~all transmit all funds collected f6r
County, and the State surcharge, to.couniy within iwenty (20) days of the end of the State
fiscal quarter in which the fees were collected. Each transmittal of funds to the County
shall include an itemized listing Of .County account number, business name and site
address, the total amount due, the fees and penalties that were collected and an.~, balance
due. Partial payments, shall be apportioned to the Agency, County and the State based on
the proportionate amount due to each agency.
5.6 Collection of Delinquent Fees. Agency will transmit a list of those .
facilities that have failed tO fully pay County fees and/or the State surcharge to County
within sixty (60) day.s after the fees have become delinquent. County shall be responsible
for collecting any delinquent County fees or State surcharges, including any late payment
penalty imposed by the County.- Agency shall be responsible for collecting any delinquent
Agency fees, including any late payment penalty imposed by Agency.
5.7 County Remission of State Surcharge. County shall transmit to ’the
Secretary all collected State surcharge revenues within thirty (30) days of the end of each
State fiscal quarter in which the revenue is collected.
5.8 Non-Recurring Fees. Each of the Parties shall be entitled to continue
independent billing and collection of all non-recurring fees, including but not limited to
fees associated ~vith one time.permits, or new businesses or facilities. ¯
5.9 ~ Fee Collection Pending Implementation of Single Fee S):stem. Each of
the Parties shall be entitled to continue independent billing and collection of all fees
currently billed until implementation of the single fee system.
5.10 Fee Accountability Prograj-n. Prior to implementation of the Single Fee
System, Agency and County will review thhir existing fee accountability programs as
contained in the Parties’ CUPA applications, and shall adopt such modifications as are
required to maintain compliance with H&S Code Section 25404.5(c) and 27 ccR Section
~ 5210(b), and are mutually acceptable to both Parties. Agency and County shall review
and update the.ir fee accountability programs as necessary to maintain compliance with
unified program agency requirements.
5.11 Authorization of Single Fee. Upon implementation of the single fee
¯ sYstem, this Agreement shall constitute authorization tO Agency to co!lect the State
surcharge and any amount(s) estziblished as unified program fees, including a.ny Unified
Program AdministrativeFee(s), adopted by ordinance or resolution of County Board of
Supervisors or Agency City Council. :
6.0 ADMINISTRATION OF AGREEMENT
6.1 County Administration. County’s Coordinator for this Agreement shall be
the following person 6r his or her designee:
Erwin Koehler .-.
2220 Moorpark Ave., Room 204, East Wing,
San Jose, CA 95128-2690 ..
Tel: (408)299-6930 Fax: (408)280-6479
6.1.1 Notice. All notices to be provided to County under this Agreement
shall be provided to County Coordinatorl County shall notify Agency in writing of any
change to this information.
6.1.2 Coordinator Responsibilities. County’s Coordinator shall be
responsible for ensuring that theobjectives, standards, and requirements of this Agreement
are met and for monitoring the Agency’s performance hereunder. Count)" Coordinator
5
shall be responsible for attending, or designating a representative to attend, the q’uarterly.
coordination meetings required under Section 2.1 above.
6.2 Agency Administration. The Agency’s Coordinator for this Agreement
shall be the following person or his or her designee:
Fire Chief, Palo Alto Fire Dept.
250 Hamilton Avenue
Palo Alto, CA 94301
Tel: (415) 329-2424 Fax: (415) 327-6951
6.2.1 No.flee. All notices to be provided to Agency under this Agreement
shall be provided to Agency Coordinator. ~genc.y shall notify County in writing of any
change to the above information.
6.2.2 Coordinator.Responsibi!ities. Agency’s Coordinator shall be
responsible for ensuring that the objectives, standards, and requirements of this Agreement
are met. The Coordinator shall also be responsible for monitoring Agency’s performance
under this Agreement and designating a representative to attend the quarterly coordination"
meetings required under Section 2.1 above.
7.0 MODIFICATION AND. TERMINATION
7.1. Response to Changing Requirements. In the event ofchanges in
appl!cable laws, or CalEPA regulations .or guidattce regarding Unified Programs, .County
and Agency shall reassess their respective roles and responsibilities..The Parties will
cooperate to comply with applicable requirements .to satisfy CalEPA of the appropriateness
of any necessary revisions. "
7.2 New Programs. Should new environmental programs be added to the
Unified Program by future legislation, Agency, in its capacity as pA, st~all have the option
to implement, enforce, find administer the new programs within its jurisdiction, within the
framework of this Agreement. In the event that Agency elects to implement new
programs,Agency shall work cooperatively with the Coumy, in its. capacity as a CUPA, to
meet all mandated reporting requirements resulting from the implementation of a new
program element.
7.3 Termination. This PA Agreement shall continue in force until terminated
for any of the following reasons:
7.3.1 Automatic Termination. This PA Agreement shall automatically
terminate if changes to state or federal law eliminate provision for CUPAs and PAs, or
render it unlawful o.r impracticable to continue this PA Agreement. "
render it unlawful or impracticable to continue this PA Agreement.
7.3.2 Voluntary Discontinuance by Count)" or Agency. This PA
Agreement shall terminate if County, xvith the approval of CalEPA, voluntarily
discontinues its role as a CUPA within Agency’s boundaries, or may terminate if Agency
voluntarily discontinues its role as a PA as provided herein. A Part)’ may withdraw only
by providing at least one hundred eight), (180) day, s advance written noiice to the other
party and to CalEPA of its intent to withdraw. Any such ~,ithdraxval shall occur in
compliance with all applicable requirements promulgated by CalEPA. During the period
between notice and withdrawal, the Parties shall cooperate to facilitate any, necessary
~:ransfer of pertinent Unified.Pr0gram responsibilities. In the event the notice does not state
the withdrawing agency will apply’ for individual CUPA status, the County shall become
responsible for iberforma.nce of Program Elejaaents specified, in Attachment A as assigned to
the withdrawing Agency.
In the event that Agency elects to apply for individual-CUPA status as authorized
by statute, this Agreement shall remain in effect until such time as CalEPA grants Agency
CUPA status. At such time Agency is granted individual CUPA status, this Agreement
shall terminate.
7.3.3 Revocation of CUPA/PA Status by CalEPA. Should CalEPA notify
the Parties of its intention to revoke County’.s CUPA status or Agency’s PA status, the
Parties shall work together to correct any deficiencies noted by CaiEPA as the basis for the
notice of revocation, and to reallocate Unified Program responsibilities, as necessary, but
without materially increasing the duties or responsibilities of either Party,, to ensure that a
coordinated, consolida.ted, and consistent Unified Program is achieved and maintained. If
the notice o}" revocation .is thereafterrescinded, this PA A, gree~nent shall remain in effect.
If eitherthe CUPA status of the County or the PA status of Agency is revoked by CalEPA,
this Agreement shall terminate.
7.3.4 Revocation of PA Status by CUPA. The County may revoke the
Agency’s PA stares only if all of.the followin~ occur:
7.3.4.1 Noticc. The Secretary of CalEPA has given County a written notice
of intent to withdraw certification, pursuant to H&S Code Section 25404.4 which i~ based
on a deficiency in implementation of the Unified Program relating to a Program Element
being implemented by Agency’, o~ a Unified Program function assigned to Agency under
this Agreement; and
7.3.4.2 Refusal to correlct. Agency has"refused to agree to enter into a
Program Improvement Agreement, or to correct the deficiency, as required by H&S Code
Section 25404.4 within a reasonable period of time after County provides Agency wi.th a
copy of the notice of intent to withdraw certification; and
7.3.4.3 Public Hearing. The Secretary has decided to proceed with
withdrawal of Agency’s PA certification after conducting a public hearing at which
Agency has been given the Opportunity to respond to the notice.
8.0 DISPUTE RESOLUTION BETWEEN COUNTY AND AGENCY
8.1 Notice of Dispute. In the event a dispute arises between the Parties with
respect to the implementation of this Agreement, the affected party shall promptly provide
~vritten notice of the dispute to Other Party of its concdrns. The notice shall detail the
questions and concerns of the Party desiring to invoke dispute resolution.
8.2 Meet and Confer. As soor~ as pra.cticable.after receipt of notice of dispute,
the County and Agency Coordinators shall~meet and confer on the issues detailed in the
notice of dispute.. When disputes between Agency and County aris% if there is no
resolution after two (2) Coordinator level meetings, .County Executive should meet with
Agency’s City Manager. If there is no resolution after two executive level meetings, the
Agency’s Mayor should meet with the Chair 0f County. Board of Supervisors.
’ 8.3 Consultation Behveen Attorneys. When disputes involving legal issues
arise betwee.n Agency and County, the County Counsel shotild meet with Agency’s City
Attorney. The County Cdunsel and Agency’s City Attorney shall meet prior to the filing
of any lawsuit.
9.0 ¯Miscellaneous
9.1 Indemnification and Insurance. In lieu of and notwithstanding the pro
rata risk allocation which might otherwise be imposed between the’Parties pursuant to
Government Code § 895.6, the Panics agree that all losses or liabilities incurred by a party
shall not be shared pro rata but instead the County and Agency agree to indemnify and -
defend the other for liabilitiesresulting from acts or 0missions.of its officers or employees
arising out of activities conducted pursuant to ~his Agreement. Inst~rance requirements are
specified in Attacbanent B.
9.2 Parties Reservation of Rights. Nothing in this Agreementshall be
interpreted to reduce or control the exercise of powers and discretion which each Party may
have in its own jurisdiction, including without limitation the police power, Charter City
powers, the powers, of the Fire Chief or his or her designee under the Uniform Fire Codes
as adopted in each jurisdiction, or the prosecutorial authority of the District Attorney or the
City Attorney in each jurisdiction.
9.3 No Third Part), Beneficiary Rights. This Agreement does not provide any
third party beneficiary rights.
9.4 Law to Govern. This Agreement is made and entered into in the County of
Santa Clara, State of California. The law of the State of California shall govern this
8
Agreement, and exclusive venue shall be in the County of Sdnta Clara. In the evdnt of
litigation in federal cotart, exclusive venue shall be in the Ngrthem District-of California.
WITNESS THE EXECUTION HEREOF on the day and year first written above.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Fire Chief "
Acting Director of
Administrative Services
Risk Manager
APPROVED AS TO FORM:
Deputy County Counsel
COUNTY OF S~
By
"COUNTY"
CLARA
Director, Dept. Of Environmental Health
9
ATTACHMENT B
Insurance Required
Commercial General Liability Insurance - for bodily injury (including death)
and property damage which provides limits as follows:
General limit per occurrence - $ !,000,000
b. ’.General limit aggregate -$2,000,000
c.Products/Completed Operations - $1,000,000 aggregate
d.Personal Injm-y 1. :,,lm1~ - $1,000,000
K coverage is provided under a Commercial General Liability Insurance form, a
mi~fimum of 50% of each of the aggregate limits must remain available at all t{mes.
If over 5_0% of any aggregate limit has been paid or resen, ed, County or.Agency
may require additional coverage to be purchased l~y the other Party to restore the
required limits. Each Party shall also notify the other Party’s Coordinator
promptly of all losses or claims over $25,000 resulting from work perforated
under this Agreement, or m~y products/completed operations loss Or claim¯
For either ts, pe insurance, coverage shall include:
Premises and Operations
Products/Completed Operations with limits of one million dollars
.($1,000,000) per occurrence/aggregate to be maintained for two (2) years
following completion of.any work under this Agreement. ’
Contractual Li .ability expressly including liabilityassumdd under this
Agreement
Personal Injury liability
Independent Cohtractors’ (Protective) liability
Severability of Interest clause pr.oviding that the coverage applies
separately to each insured except with respect to the limits of
liability.
For either type insurance, coverage shall include the follow-in~ endorsements,
copies of which shall be provided to the County or A~encv: ’ .
ao Additional Insured Endorsement:
Agency insurance shall also apply to the Counb, of Santa Clara, and
members of the Board of.Supervisors of the Co ,unty of Santa Clara, and
the officers, agents, and employees of the .County of Santa Clara,
individually and collectively, as additional insureds.
d°
County insurance shall also apply to Agency, and members of the City
Council of Agency, and the of-ricers, agents, and employees of Agency,
individually and collectively, as additional insureds.
Primary Insurance~’Endorsement: ’
Agency insurance shall apply as primary insurance, and other insurance
maintained by the .Count), of Santa Clara, its officers, agents, and
employees shall be excess Only and not contributing with insurance
pro.v.ided under this policy.
County insurance shall apply as primary insurance, and other insurance
maintained by the Agency, its officers, agents, and employees shall be
excess only and not contribu.ting with insurance provided under this
policy.
Notice of Cancellation{ or Ch~mge of Co~;erage Endorsement:
Agency insurance shall not bd canceled or changed so as t6 no longer
meet the specified. County insurance requirements without 30 days’ prior
written notice of such cancellation or change being delivered to the
County of Santa Clara at the a~tdress shox;,-n on the Certificate of
!nsurmnce.
C~unty insurance shall noi be canceled or changed’ so as to no longer
meet the specified Agency insurance requirements without 30 days’ prior
written notice of such cancellation or change being delivered to Agency
at the address shown on the Certificate of Insurance.
Contractual Liability Endorsement:
Agency insurance shall apply to liability assumed by the insured under
written contract with the County of Santa Clara.
o
o
o
County insurance shall apply to lia.bility assumed by the insured under
"~Mtten contract with Agency. --
Personal Injury Endorsement:
It is agreed that this policy provides Personal Injury coverage.
Severability of Interest Endorsement:
It is agreed that this policy provides coverage separately to each insured ’
who is see’king coverage or against Whom a claim is made or a suit is "
Brought, except with respect to the policy’s limit of liability.
Comprehensive Automobile-
for bodily injary (indudflag death) and property damage which provides tofal limits
of not less than.one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles. Part or all of
this ~:equirement may be waived by the County or Agency if it determines there is
no. significant risk exposure. All requests for such ~,aivers must be.submitted to
the County or Agency in writing.
Workers’ Compensatio.n and Empl’oyer’s Liability Insurance for:
Statutory. California Workers’ Compensation cpv~’rage including a broad
form all-states endorsement. "
go Employer’s Liability coverage for not less. than one millibn d011;ars
($1,000,000) per occurrence ’for all employees engaged in services or
opera~ions under this Agreement...
Inclusi6n of the County or Agency and their governing boards, officers,
representatives, agents, and emp!oyees as additional .insureds, .or a
waiver of subrogation.
Coverage under the United States Longshoremen’s .and Harbor Worker’s
Act shallbe provided when applicable.
.Special Provision
T~ following provisions shall apply to this Agreement:
a The foregoing requirements as to the types and limits-of insurance
coverage to be maintained by the Agency and County and any appioval
of said insurance by the County or Agency or their insuiance
consultant(s) are not intended to and shall not in any manner limit or
qualify i.he liabilities and obligations, otherwise assumed by the Agency
and County pursuant to this Agreemfint, including but no~ limited to the
provisions concerning indemnification. "
The-County and Agency. acknowledges that some or all insurance
requirements contained in this Agreement may be fulfilled by self-
insurance onthe part of the Agency and County. However, this shall not
in any way limit liabilities assumed by the Agency or County under this
Agreement. Any self-insurance shall be approved in writing by the
County.
Should any of the work under this Agreement be sublet, the Party
subletting the work shall require each of its subcontractors of any tier to
carry the aforem.entioned coverages, or Agency or County may insure
subcontractors under its own polidies.