HomeMy WebLinkAbout05624 - COUNTY OF RIVERSIDE NPDEX IMPLEMENTATION AGR City Council ACTION SUMMARY
September 17, 2014
Page 6
ACTION: 1) Waive the reading of the ordinance text in its entirety and
adopt Ordinance No. 1858, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING CHAPTER 11 .06 TO, AND
AMENDING SECTIONS 14.24.020, 14.24.030 AND 14.24.060 OF, THE
PALM SPRINGS MUNICIPAL CODE, REGARDING WATER
CONSERVATION AND WATER WASTE PREVENTION;" and 2) Waive
the reading of the ordinance text in its entirety and adopt Ordinance No.
1859, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT
LANDSCAPING REGULATIONS AND REQUIREMENTS." Approved as
part of the Consent Calendar.
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2014:
LETTER AND COPY CITY CLERK.
ACTION: Reappoint David Garcia, as the City of Coachella
representative, to the Palm Springs International Airport Commission for
the term ending December 31, 2014. Approved as part of the Consent
Calendar.
2.1. CONFLICT OF INTEREST CODE 2014 BIENNIAL NOTICE PURSUANT
TO THE POLITICAL REFORM ACT:
ACTION: 1) Receive and File the 2014 Local Agency Biennial Notice; and
2) Direct Staff to promulgate the necessary amendments and return to the
City Council in December for adoption pursuant to the Political Reform
Act. Approved as part of the Consent Calendar.
2.J. APPROVAL OF A MUNICIPAL STORMWATER IMPLEMENTATION
AND COST-SHARING AGREEMENT:
ACTION: 1) Terminate Agreement No. A5624, approved March 5, 2008;
2) Approve a Municipal Stormwater Implementation and Cost-Sharing
Agreement with Riverside County Flood Control and Water Conservation
District, the County of Riverside, the Coachella Valley Water District, and
the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs,
Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho
Mirage concerning certain compliance and financial responsibilities in
connection with requirements relating to stormwater as established under
the federal Clean Water Act, 33 U.S.C. § 1342(p) ("CWA") and California
law, including the National Pollutant Discharge Elimination System
("NPDES") Municipal Separate Storm Sewer System ("MS4") Permit
issued by the California Regional Water Quality Control Board Colorado
River Basin Region pursuant to Order No. R7-2013-0011 (the "2013
PERMIT"); and 3) Authorize the City Manager to execute all necessary
documents. A6605.Approved as part of the Consent Calendar.
1 FIRST AMENDMENT TO AGREEMENT
2 National Pollutant Discharge Elimination System
Stormwater Discharge Permit
3 Implementation Agreement
4 (California Regional Water Quality Control Board —
Colorado River Basin Region)
5
6 This First Amendment ("First Amendment") to the agreement ("Agreement") entered
7 into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER
8 CONSERVATION DISTRICT ("DISTRICT"), the COUNTY OF RIVERSIDE ("COUNTY"), the
9 COACHELLA VALLEY WATER DISTRICT ("CVWD"), and the CITIES of BANNING,
10 CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA
11 QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE ('CITIES") (individually,
12 I "PARTY" and collectively, 'PARTIES") to establish the responsibilities of each PARTY
13 concerning compliance with the National Pollutant Discharge Elimination System ("NPDES")
14 Municipal Separate Storm Sewer System (MS4) Permit issued by the California Regional Water
15 Quality Control Board - Colorado River Basin Region(CRWQCB-CRB) pursuant to Order No. R7-
I
16 f 2008-0001 and Order No. 01-077, is entered into by and between the PARTIES with respect to the
17 following:
18 RECITALS
19 A. WHEREAS, the CRWQCB-CRB is preparing an NPDES permit to replace
20 Order No. R7-2008-0001, which is scheduled to be adopted by the CRWQCB-CRB on or about
21 June 20, 2013 as Order No. R7-2013-0011 or such other numbered order as the CRWQCB-CRB
22 may adopt('Order No. R7-2013-0011"); and
23 �! B. WHEREAS, the PARTIES wish to amend the Agreement to allow it to govern
24 the responsibilities )f the PARTIES under Order No. R7-2008-0001, for as long as Order No. R7-
25 2008-0001 is effective, and under R7-2013-0011, at such time as Order No. R7-2013-0011 is
26 effective; and
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I C. WHEREAS, the Agreement provides in Section 9 that it may be amended by
2 consent of all PARTIES, provided it is in writing and duly signed by the authorized representatives
3 of all PARTIES.
4 NOW, THEREFORE, the PARTIES hereto do mutually agree as follows:
5 1. Section 1 of the Agreement is deleted in its entirety and replaced by the
6 following:
7 "NPDES Permit. A true and correct copy of the existing NPDES permit issued
8 to the Parties to the Agreement pursuant to Order No. R7-2008-0001 is attached to this Agreement
9 as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this
10 Agreement. Order No. R7-2008-0001 is intended to be replaced by a new order, referred to
11 hereinafter as "Order No. R7-2013-001 l". This Agreement shall also apply to Order No. R7-2013-
1 2 0011, the contents of which shall be incorporated by reference in its entirety and made a part of this
13 Agreement upon the effective date of Order No. R7-2013-0011. For the purpose of implementing
14 this Agreement, the term "NPDES Permit" shall mean and refer to Order No. R7-2008-0001 during
15 the time that Order No. R7-2008-0001 is effective, and shall mean and refer to Order No. R7-2013-
16 0011 at such time as Order No. R7-2013-0011 is effective."
17 2. Section 3.13. of the Agreement is deleted in its entirety and replaced by the
18 following:
19 "Monitoring Program. DISTRICT and CVWD shall perform or coordinate
20 monitoring of surface water and urban runoff in accordance with the provisions of the NPDES
21 Permit Monitoring and Reporting Program contained therein, with the exception of monitoring
22 performed pursuant to the CITY OF COACHELLA'S Quality Assurance Project Plan and
23 Monitoring Plan ("QAPPMP") to address the bacterial indicator Total Maximum Daily Load for the
24 Coachella Valley Stormwater Channel ("CVSC TMDL"). The location of NPDES Permit sampling
25 sites not part of the CVSC TMDL monitoring program ("Sites") shall be determined by DISTRICT
26 and CV WD, subject to approval by CRWQCB-CRB. More specifically:
27
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I A. The CITY OF COACHELLA shall be solely responsible for all duties
2 and costs associated with monitoring, analysis and reporting performed
3 pursuant to its QAPPMP and shall be responsible, along with any other
4 Party to this Agreement which may hereafter be named as a responsible
5 party under the CVSC TMDL, to otherwise comply with monitoring
6 requirements under the CVSC TMDL.
7 B. DISTRICT and CVWD shall perform NPDES Permit monitoring for all
8 Sites located within the respective limits of their jurisdictions.
9 DISTRICT and CVWD may implement alternative approaches to sample
10 collection, including use of consultants, reassigning Sites between the
11 agencies, or other alternative approaches that may ensure improved
12 permit compliance. Said alternative approaches may be implemented
13 upon the mutual agreement of CVWD and DISTRICT.
14 C. DISTRICT shall reimburse CVWD for all of its costs associated with
15 sample collection and laboratory analysis.
16 D. DISTRICT shall be reimbursed by CVWD, COUNTY and CITIES for
17 the costs of its performance of the requirements of this Section, in
18 accordance with the cost sharing provisions set forth in Section 4 of this
19 Agreement."
20 3. Section 3.E of the Agreement is deleted in its entirety and replaced by the
21 following:
22 'Desert Task Force. Each Permittee shall designate staff representatives to the
23 Desert Task Force in writing to DISTRICT. The Desert Task Force shall be responsible for
24 coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities,
25 including related communications with CRWQCB-CRB, updates to this Implementation Agreement
26 and other compliance orders issued by CRWQCB-CRB affecting the NPDES Permit, NPDES MS4
27 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stormwater
28
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I Program Stormwater Management Plan. In addition, the Desert Task Force, or sub-committees
2 thereof, shall be the forum for distribution, discussion and decision-making of items related to
3 agreements and consultant selection related to regional compliance with the NPDES Permit."
4 4. New Section 3.J. is added to the Agreement,to read as follows:
5 "J. Notwithstanding any other provision of this Agreement, all costs, duties and
6 responsibilities associated with compliance with the CVSC TMDL, including without limitation, the
7 costs for implementing the QAPPMP and all monitoring, analysis, report preparation and other
8 tasks required for compliance with the CVSC TMDL, shall be the sole responsibility of the CITY
9 OF COACHELLA and/or, as appropriate, any other PARTY to this Agreement which may hereafter
10 be added as a responsible party under the CVSC TMDL, and shall not be a shared cost under
11 Section 4 of the Agreement or be the responsibility of any other PARTY to the Agreement."
12 5. Section 5 of the Agreement is deleted in its entirety and replaced by the
13 following:
14 "Term of the Agreement. The term of this Agreement shall commence on the
15 date the last duly authorized representative of DISTRICT, COUNTY, CVWD or CITIES executes
16 it. The Agreement shall remain in effect until the earlier of one (1) year after the effective date of
17 Order No. R7-2013-0011 or the date this Agreement is replaced by a new agreement covering
18 implementation of Order No. R7-2013-001 L"
19 6. Section 14 of the Agreement is deleted in its entirety and replaced by the
20 following:
21 "Applicability of Prior Agreements. This Agreement, the First Amendment and
22 the exhibits attached thereto constitute the entire agreement between the PARTIES to the
23 Agreement with respect to the subject matter thereof; all prior agreements, representations,
24 statements, negotiations and undertakings concerning implementation of the NPDES Permit within
25 the limits of CRWQCB-CRB's jurisdictional area are superseded hereby."
26 7. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with
27 Exhibit A attached to this First Amendment and incorporated herein by reference.
28
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1 8. Except as amended herein, all other provisions of the Agreement remain in full
2 force and effect.
3 9. This First Amendment shall be effective upon the date the last duly authorized
4 representative of the PARTIES executes it and shall become effective only when fully executed by
5 each PARTY.
6 10. This First Amendment may be executed and delivered in any number of copies
7 (counterparts) by the PARTIES. When each PARTY has signed and delivered at least one
8 counterpart to the other PARTIES, each counterpart shall be deemed an original and, taken together,
9 shall constitute one and the same First Amendment, which shall be binding and effective as to the
10 PARTIES.
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I IN WITNESS WHEREOF, the PARTIES have caused this First Amendment to be executed
2 as of the date the last duly authorized representative executes it.
3 RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
4
6 ,,i;,WARREN D. WILLIAMS MARIO ASHLEY, Chairman
General Manager-Chief Engineer Board of Supervisors, Riverside County
7 Flood Control and Water Conservation
District
8 Dated:
9 APPROVED AS TO FORM: ATTEST:
10
PAMELA J. WALLS KECIA HARPER-IHEM
i l County Counsel Clerk to the Board
12 By: d 6 By: W, tAtML
13 Karin Watts-Bazan, Deputy Depu y
14 Dated: �� 424 -2-9 1 2 013
(SEAL)
15
16 RECOMMENDED FOR APPROVAL: COUNTY OF RIVERS E
17
18 By: ram— By:
JAY JO BEN , Chairman
19 C ty E cutive Officer Bo of Supervisors, County of Riverside
20 ��� Fourth District
Dated:
21 ATTEST:
22 KECIA HARPER-IHEM
Clerk to the Board
23 By: �UV���
24
eputy
25
(SEAL)
26 SEB:cw:bjp
P8/153401
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6 JUN 18 7013
1 APPROVED AS TO FORM: COACHELLA VALLEY WATER DISTRICT
2
By: By:
3 J. M. BXRATT
General Manager
4
5
6 By:
)IN P. POWELL, JR.
7 President
8
9 Dated: Cr •ZS• 1=i
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I APPROVED AS TO FORM: CITY OF BANNING
2
3 By: By: /R.����d(/ed/t/f�9C�
chyAtomey Deborah Franklin, Mayor
4
5 ATTEST:
6
7 By: ✓ /Ct1C�(ClC �C��.c/ Dated: lip
City Clerk
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I APPROVED AS TO FORM: CIWay
HEDRAL CITY
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3 By: By
City Attorney
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5 ATTEST:
7 y Cl Dated:
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1 APPROVED AS TO FORM: CITY OF COACHELLA
2
3
4
Y Y:
5 B �� B
Carlos ampo a
6 City Attorney City Manager
7
8 ATTEST:
9
10 By: tAD=4f— Dated: June 19, 2013
Beatrice Baraja
11 City Clerk
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I APPROVED AS TO FORM: CITY OF ERT HOT RINGS
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3 By: By:
City Attorney M yor
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5 ATTEST:
6 _
7 By: Dated:
4�Clerk
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I APPROVED AS TO FORM: , CITY OF INDIAN WELLS
2 rl
3 By: 1 By: � 4
CityAttorne Y Mayor
4
5 ATTEST:
6
7 By: L4i a�-p Dated: i.Gc�s 6 2 013
City Clerk
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I APPROVED AS TO FORM: CITY OF INDIO
2
3 By: By: 4"12
City Attorney Mayor
4
5 ATTEST:
6 L
7 By: Dated: &CyL�( 0Z3 oZ v 73
Clerk
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I APPROV D AS TO FORM: CITY Or' LA QUJNTA
2
3 By; i By:
ity Attorney v Rayor
4
5 ATTEST:
6
7 By: .CN/►4� ��� Dated: Z(113
City Clerk
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CONTRACT NO. C13361A
I APPROVED ASJO FORM: CITY OF PALM DESERT
2 /
By: L !� By:
3 City Att6e ayor
4
5 ATTEST:
6
Dated: June 27, 2013
ity Clerk
7 By:
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APPROVED O FORM: CITY OF PALM SPRINGS
1
2
By: / By:
3 City A orney City Manager
4
5 ATTEST: y
Dated:
7 ity Clerk
8
9
APPROVED 8Y CIT`(r o! -CIL
10
11
12
13 SIGNATURE PAGE FOR CITY OF PALM SPRINGS
14
15 FIRST AMENDMENT TO AGREEMENT
16
17
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
18
STORMWATER DISCHARGE PERMIT
19
20
21
22
23
24
25
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I APPROVED AS TO FORM: CITY OF RANCHO MIRAGE
2
B :
3 y
City Attorney Mayor
4 Steve B . Q tanilla Richard W. Kite
5 ATTEST:
6 / -I/z,6
7 By: � Dated:
City Oferk
8 Cynthia Scott
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I FIRST AMENDMENT TO AGREEMENT
2 National Pollutant Discharge Elimination System
Stormwater Discharge Permit
3 Implementation Agreement
4 (California Regional Water Quality Control Board—
Colorado River Basin Region)
5
6 This First Amendment ("First Amendment") to the agreement ("Agreement") entered
7 into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER
8 CONSERVATION DISTRICT ("DISTRICT"', the COUNTY OF RIVERSIDE ("COUNTY"), the
9 COACHELLA VALLEY WATER DISTRICT ("CVWD"), and the CITIES of BANNING,
10 CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA
11 QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE ("CITIES") (individually,
12 'PARTY" and collectively, 'PARTIES") to establish the responsibilities of each PARTY
13 concerning compliance with the National Pollutant Discharge Elimination System ("NPDES")
14 Municipal Separate Storm Sewer System (MS4) Permit issued by the California Regional Water
15 Quality Control Board - Colorado River Basin Region (CRWQCB-CRB) pursuant to Order No. R7-
16 2008-0001 and Order No. 01-077, is entered into by and between the PARTIES with respect to the
17 following;
18 RECITALS
19 A. WHEREAS, the CRWQCB-CRB is preparing an NPDES permit to replace
20 Order No. R7-2008-0001, which is scheduled to be adopted by the CRWQCB-CRB on or about
21 June 20, 2013 as Order No. R7-2013-0011 or such other numbered order as the CRWQCB-CRB
22 may adopt("Order No. R7-2013-0011"), and
23 B. WHEREAS, the PARTIES wish to amend the Agreement to allow it to govern
24 the responsibilities of the PARTIES under Order No. R7-2008-0001; for as long as Order No. R7-
25 2008-0001 is effective, and under R7-2013-0011, at such time as Order No. 117-2013-0011 is
26 effective; and
27
28
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i
I C. WHEREAS, the Agreement provides in Section 9 that P it may be amended by
2 consent of all PARTIES, provided it is in writing and duly signed by the authorized representatives
3 of all PARTIES.
4 NOW,THEREFORE, the PARTIES hereto do mutually agree as follows:
5 1. Section 1 of the Agreement is deleted in its entire
ty and replaced by the
6 following:
7 "NPDES Permit. A true and correct copy of the existing NPDES permit issued
8 to the Parties to the Agreement pursuant to Order No. R7-2008-0001 is attached to this Agreement
9 as Exhibit A and is hereby incorporated orated by reference in its entirety and made a part of this it
10 Agreement. Order No. R7-2008-0001 is intended to be replaced by a new order, referred to
11 hereinafter as "Order No. R7-2013-0011". This
Agreement shall also apply to Order No. R7-2013-
12 0011,the contents of which shall be incor
porated by reference in its entirety and made a part of this
13 Agreement upon the effective date of Order No. R7-2013-0011. For the purpose of implementing
14 this Agreement, the term "NPDES Permit" shall mean and refer to Order No. R7-2008-0001 during
I
15 the time that Order No. R7-2008-0001 is effective, and shall mean and refer to Order No. R7-2013-
16 0011 at such time as Order No. R7-2013-0011 is effective."
17 2. Section 3.13. of the Agreement is deleted in its entirety and replaced by the
18 following:
I
19 "Monitoring Program DISTRICT and CVWD shall perform or coordinate
20 monitoring of surface water and urban runoff in accordance with the provisions of the NPDES
21 Permit Monitoring and Reporting Program contained therein, with the exception of monitoring
22 performed pursuant to the CITY OF COACHELLA'S Quality Assurance Project Plan and
23 Monitoring Plan ("QAPPMP")to address the bacterial indicator Total Maximum Daily Load for the
24 Coachella Vallay Stormwater Channel ("CVSC TMDL"). The location of NPDES Permit sampling
25 sites not part of the CVSC TMDL monitoring program ("Sites") shall be determined by DISTRICT
26 and CV WD,subject to approval by CRWQCB-CRB. More specifically:
27
28
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1 A. The CITY OF COACHELLA shall be solely responsible for all duties
2 and costs associated with monitoring, analysis and reporting performed
3 pursuant to its QAPPMP and shall be responsible, along with any other
4 Party to this Agreement which may hereafter be named as a responsible
5 party under the CVSC TMDL, to otherwise comply with monitoring
6 requirements under the CVSC TMDL.
7 B. DISTRICT and CVWD shall perform NPDES Permit monitoring for all
8 Sites located within the respective limits of their jurisdictions.
9 DISTRICT and CVWD may implement altemative approaches to sample
10 collection, including use of consultants, reassigning Sites between the
I agencies, or other alternative approaches that may ensure improved
12 permit compliance. Said alternative approaches may be implemented
13 upon the mutual agreement of CVWD and DISTRICT.
14 C. DISTRICT shall reimburse CVWD for all of its costs associated with
15 sample collection and laboratory analysis.
16 D. DISTRICT shall be reimbursed by CVWD, COUNTY and CITIES for
17 the costs of its performance of the requirements of this Section, in
18 accordance with the cost sharing provisions set forth in Section 4 of this
19 Agreement."
20 3. Section 3.E of the Agreement is deleted in its entirety and replaced by the
21 following;
22 "Desert Task Force, Each Permittee shall designate staff representatives to the
23 Desert Task Force in writing to DISTRICT. The Desert Task Force shall be responsible for
24 coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities,
25 including related communications with CRWQCB-CRB,updates to this Implementation Agreement
26 and other compliance orders issued by CRWQCB-CRB affecting the NPDES Permit, NPDES MS4
27 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stormwater
28
-3 -
I Program Stormwater Management Plan. In addition, the Desert Task Force, or sub-committees
2 thereof, shall be the forum for distribution, discussion and decision-snaking of items related to
3 agreements and consultant selection related to regional compliance with the NPDES Permit,"
4 4. New Section 3.J. is added to the Agreement, to read as follows:
5 "J. Notwithstanding any other-provision of this Agreement, all costs, duties and
6 responsibilities associated with compliance with the CVSC TMDL, including without limitation, the
7 costs for implementing the QAPPMP and all monitoring, analysis, report preparation and other
& tasks required for compliance with the CVSC TMDL, shall be the sole responsibility of the CITY
9 OF COACHELLA and/or,as appropriate,any other PARTY to this Agreement which may hereafter
10 be added as a responsible party under the CVSC TMDL, and shall not be a shared cost under
11 Section 4 of the Agreement or be the responsibility of any other PARTY to the Agreement."
1.2 5. Section 5 of the Agreement is deleted in its entirety and replaced by the
13 following:
14 "Term of the Agreement. The term of this Agreement shall commence on the
15 date the last duly authorized representative of DISTRICT, COUNTY, CVWD or CITIES executes
16 it. The Agreement shall remain in effect until the earlier of one (1) year after the effective date of
17 Order No. R7-2013-0011 or the date this Agreement is replaced by a new agreement covering
18 implementation of Order No. R7-2013-001 I,"
19 6. Section 14 of the Agreement- is deleted in its entirety and replaced by the
20 following:
21 "Applicability of Prior Agreements. This Agreement, the First Amendment and
22 the exhibits attached thereto constitute the entire agreement between the PARTIES to the
23 Agreement with respect to the subject matter thereof, all prior agreements, representations,
24 statements, negotiations and undertakings concerning implementation of the NPDES Permit within
25 the Limits of CRWQCB-CRB's jurisdictional area are superseded hereby."
26 7. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with
27 Exhibit A attached to this First Amendment and incorporated herein by reference.
28
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1 8. Except as amended herein, all other provisions of the Agreement remain in full
2 force and effect.
3 9. This First Amendment shall be effective upon the date the last duly authorized
4 representative of the PARTIES executes it and shall become effective only when fully executed by
5 each PARTY.
6 10. This First Amendment may be executed and delivered in any number of copies
7 (counterparts) by the PARTIES. When each PARTY has signed and delivered at least one
8 counterpart to the other PARTIES, each counterpart shall be deemed an original and, taken together,
9 shall constitute one and the same First Amendment, which shall be binding and effective as to the
10 PARTIES,
I H
12 H
13
14
15
16
17
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19
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I IN WITNESS WHEREOF, the PARTIES have caused this First Amendment to be executed
2 as of the date the last duly authorized representative executes it.
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
5
By: By:
6 WARREN D. WILLIAMS MARION ASHLEY, Chairman
General Manager-Chief Engineer Board of Supervisors,Riverside County
7 Flood Control and Water Conservation
8 Dated: District
9 APPROVED AS TO FORM: ATTEST:
10
PAMELA J. WALLS KECIA HARPER-IHEM
11 County c� Clerk to the Board
12 By: By:
13 Karin Watts-Bazan, Deputy Deputy
14 Dated: 2 a, ZO 3
15 (SEAL)
16 RECOMMENDED FOR APPROVAL: COUNTY OF RIVERSIDE
17
18 By: By:
JAY ORR JOHN J. BENOIT, Chairman
19 County Executive Officer Board of Supervisors, County of Riverside
20 Dated: Fourth District
21 ATTEST:
22 KECIA HARPER-IHEM
23 Clerk to the Board
24 By:
Deputy
25
26 SEB;cw:bjp (SEAL)
P8/153401
27
28
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1 APPROVED AS TO FORM: CITY OF PALM SPRINGS
2 I
By: &/, By: z
3 City orney City Manager
4
5 ATTEST:
6
:By: ated:
7 ty Clerk
8 i
9
10
11
12
13 SIGNATURE PAGE FOR CITY OF PALM SPRINGS
14
15
FIRST AMENDMENT TO AGREEMENT
16
17
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
18
STORMWATER DISCHARGE PERMIT
19
20
21
22
23
24
25
26
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AGREEMENT
—NationatPat1=r rDischarge Elimma ion ys em
Stormwater Discharge Permit
Implementation Agreement
(California Regional Water Quality Control Board -
Colorado River Basin Region)
This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT (DISTRICT), the COUNTY OF RIVERSIDE
(COUNTY), the COACHELLA VALLEY WATER DISTRICT (CVWD), and the CITIES OF
BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS,
INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE (CITIES),
establishes the responsibilities of each party concerning compliance with the National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit
(NPDES Permit)issued by the California Regional Water Quality Control Board- Colorado River
Basin Region (CRWQCB-CRB)pursuant to Order No. 01-077.
RECITALS
A. WHEREAS,Congress in 1987 added Section 402(p)to the Federal Clean Water
Act (CWA) (33 U.S.C.§1342(p)); and
B. WHEREAS, Section 402(p) of the CWA requires certain operators of MS4s,
industrial facilities and persons conducting certain construction activities to obtain NPDES Permits
before discharging stormwater into navigable waters; and
C. WHEREAS, Section 402(p) further requires the Federal Environmental
Protection Agency(EPA) to promulgate regulations for NPDES Permit applications; and
D. WHEREAS,EPA promulgated such regulations and adopted them in November
1990; and
E. WHEREAS,pursuant to the CWA,EPA has delegated authorityto the California
State Water Resources Control Board(S WRCB)to administer the NPDES Pennit process within the
State; and
F. WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to
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the Regional Water Quality Control Boards to administer the NPDES Permit process within the
boundaries of their respective regions; and
G. WHEREAS,DISTRICT and CVWD are authorized to provide for the control of
flood and stormwaters within their respective jurisdictions and are empowered to investigate,
examine, measure, analyze, study and inspect matters pertaining to flood and stormwaters; and
H. WHEREAS, on March 9, 2006, DISTRICT, COUNTY, CVWD and CITIES
reapplied for an area-wide NPDES Permit in accordance with the current NPDES Permit(Order No.
01-077, NPDES No. CAS617002) which expired on September S, 2006; and
I. WHEREAS, it is anticipated that CRWQCB-CRB will issue a new NPDES
Permit to DISTRICT, COUNTY, CVWD and CITIES on May 21, 2008 pursuant to Section 402(p)
of the CWA; and
J. WHEREAS, the NPDES Permit designates DISTRICT and COUNTY as
Principal Pennittees and DISTRICT, COUNTY, CVWD and CITIES as Penmittees; and
K. WHEREAS,DISTRICT, COUNTY, CVWD and CITIES are to perform and/or
execute certain activities and responsibilities prescribed in the NPDES Permit; and
L. WHEREAS, DISTRICT and COUNTY, as PRINCIPAL, PERMITTEES, are
willing to undertaJ..ce certain activities in order to facilitate implementation of the NPDES Permit
requirements; and
M. WHEREAS,cooperationbetween DISTRICT,COUNTY,CVWD and CITIES in
the administration and implementation of the NPDES Permit and resulting programs and actions is in
the best interest of all parties; and
N. WHEREAS, DISTRICT established the Whitewater Watershed Benefit
Assessment Area(:BENEFIT ASSESSMENT)pursuant to DISTRICT Ordinance No. 14 on May 14,
1991 to offset DISTRICT's program and administrative costs associated with the development,
implementation and management of the Federally mandated NPDES program and DISTRICT is
willing to utilize BENEFIT ASSESSMENT funds to support DISTRICT's role as PRINCIPAL
PERMITTEE and to support regional program costs to the extent BENEFIT ASSESSMENT funds
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are available.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. NPDES Permit. A true and correct copy of the existing NPDES Permit issued to
DISTRICT, COUNTY, CVWD and CITIES by CRWQCB-CRB pursuant to Order No. 01-077 is
attached to this Agreement as Exhibit A and is hereby incorporated by reference in its entirety and
made a part of this Agreement. Order No. 01-077 will be replaced in 2008 with a new NPDES
Permit pursuant to Order No. R7-2008-0001. This Agreement shall also apply to Order No. R7-
2008-0001,the contents o f which shall be incorporated by reference in its entirety and made a part of
this Agreement once Order No_ R7-2008-0001 is finally adopted by CRWQCB-CRB. Order Nos.
01-077 and R7-2008-0001 shall each be known as "the NPDES Permit" for the purpose of
interpreting this Agreement.
2. Incorporation of Federal and State Laws. All applicable Federal and State laws
and regulations in effect at the time of issuance of the NPDES Permit, as then written, and as they
maybe amended during the term of this Agreement, shall govern in the event they conflict with any
provision of this Agreement.
3. Delegation of Responsibilities. The responsibilities of each of the parties to this
agreement shall be as follows:
A. Public Education Program_ DISTRICT shall conduct public education
activities on a regional basis that focus on reducing non-point source
pollution within the NPDES Permit area. DISTRICT shall be reimbursed
for its costs by COUNTY,CVWD and CITIES in accordance with the cost
sharing provisions set forth in Section 4 of this Agreement.
B. Monitoring Program. DISTRICT and CVWD shall perform or coordinate
sampling of surface water and urban runoff in accordance with the
provisions of the NPDES Permit Monitoring and Reporting Program
contained therein. The location of the sampling sites (Sites) shall be
determined by DISTRICT and CVWD,subject to approval by CRWQCB-
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CRB. More specifically:
1. DISTRICT and CVWD shall perform such sampling for all Sites
located within the respective limits of their jurisdictions.
DISTRICT and CVWD may implement alternative approaches to
sample collection, including use of consultants, reassigning Sites
between the agencies, or other alternative approaches that may
ensure improved permit compliance. Said alternative approaches
may be implemented upon the mutual agreement of CVWD and
DISTRICT.
2. DISTRICT shall reimburse CVWD for all of its costs associated
with sample collection and laboratory analysis.
3. DISTRICT shall be reimbursed by CVWD,COUNTY and CITIES
for implementation of the NPDES Permit Monitoring and
Reporting Program in accordance with the cost sharing provisions
set forth in Section 4 of this Agreement.
C. Consultant's Services and Cooperative Agreements. In the event
DISTRICT requires the services of an agency,consultant or consultants to
implement NPDES program requirements, prepare manuals, develop
programs or perform studies relevant to the entire permitted area pursuant
to this Agreement, the cost of said consultant services shall be shared by
DISTRICT, COUNTY, CVWD and CITIES in accordance with the cost
sharing provisions set forth in Section 4 of this Agreement_ COUNTY,
CVWD and CITIES shall be notified in writing ofDISTRICT's request for
proposals from consultants, selection of a consultant, consultant's fee,
contract timetable and payment schedule, and be allowed the opportunity
to participate in decisions related to consultant's services
D. Principal Permittee Duties. DISTRICT shall coordinate,implement and,
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when required, contribute to regional NPDES Permit compliance
activities; establish and update a uniform data submittal format; prepare
annual reports; forward information received from CRWQCB-CRB to
COUNTY, CVWD and CITIES; inform COUNTY, CVWD and CITIES
of State and Federal regulations pertaining to the MS4; and chair Desert
Task Force meetings_ DISTRICT shall be reimbursed for said duties by
COUNTY, CVWD and CITIES in accordance with Section 4. Cost
Sharing of this Agreement.
E. Desert Task Force. Each Permittee shall designate staff representatives to
the Desert Task Force in writing to DISTRICT. The Desert Task Force
shall be responsible For coordinating regional NPDES Permit and
Monitoring and Reporting Program compliance activities, including
related communications with CRWQCB-CRB, updates to this
Implementation Agreement and compliance with Total Maximum Daily
Loads(TMDLs),and other compliance orders issued by CRWQCB-CRB
affecting the MS4 Permit, NPDES MS4 Monitoring and Reporting
Program and/or the Whitewater River Watershed Municipal Stormwater
Program Stormwater Management Plan_ In addition, the Desert Task
Force, or sub-committees thereof, shall be the forum for distribution,
discussion and decision-making of items related to agreements and
consultant selcction related to regional compliance with the NPDES
Permit.
F. Regulation and Enforcement. COUNTY and CITIES shall be responsible
for the adoption and enforcement of their ordinances and regulations
within their respective jurisdictions to ensure compliance with the NPDES
Permit. This includes the exercise of land use controls, the exercise of
police powers and the enforcement of ordinances that COUNTY or
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CITIES presently have adopted or will adopt in the future, provided,
however, nothing in this Agreement shall be construed as requiring
COUNTY or CITIES to exercise such powers, controls or authorities in
any particular manner.
G. Inspection of MS4 facilities(consisting primarily of storm sewer pipe and
channel infrastructure). DISTRICT,COUNTY,CVWD and CITIES shall
perform reconnaissance surveys of their MS4 facilities as required by the
NPDES Permit. Any wet weather or dry weather sampling or field
screening for the reconnaissance surveys shall be the responsibility of
COUNTY or CITIES, depending on where the discharge originates. Each
Permittee shall be responsible for maintaining any records,tables or other
data that are needed to support the reporting of the survey results to
CRWQCB-CRB.
H. Submittals to CRWQCB-CRB. DISTRICT shall coordinate and submit
all required reports and information related to the regional compliance
program to CRWQCB-CRB. COLTNTY, CVWD and CITIES shall
maintain sufficiently adequate records,information and/or data concerning
their program development and implementation activities to enable
DISTRICT to provide all required reports and submittals in a timely
manner. COUNTY, CVWD and CITIES shall produce or supply such
records, information and/or data in a reasonable mariner upon request of
CRWQCB-CRB or DISTRICT. DISTRICT shall also keep adequate
records,information and/or data concerning its program development and
implementation activities and produce or supply same in a reasonable
manner upon request of CRWQCB-CRB.
I. Best Management Practices (BMPs) and Programs. Unless otherwise
specified in this Agreement,DISTRICT, COUNTY, CVWD and CITIES
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shall be responsible for implementing each of the BMPs and/or other
programs and activities required by the NPDES Permit in accordance with
their authority.
4. Cost Sharing. Costs for services to be performed in accordance with Sections
3.A.,3.8.,3.C_and 3.D, of this Agreement shall be shared in accordance with the following formula:
IC = (TC-DISTRICT-CVWD) x (IP/TP)
Where,
IC = Individual Cost
TC= Total Cost
DISTRICT = DISTRICT Cost-Shared Amount
CVWD = CVWD Cost-Shared Amount
IP = Individual Population
TP = Total Population
The Total Cost (TC) shall be, determined based on the following formula
TC = Shared Costs+ Credits - Dcbits
Where,
Shared Costs = Estimation of upcoming fiscal year's cost for services to
be performed in accordance with Sections 3.A., 3_B, 3.C. and 3.D
of this Agreement.
Credits = Portion of estimated Shared Costs for the previous fiscal year
that were not expended.
Debits=Portion of actual Shared Costs which exceeded estimated Shared
Costs for the previous fiscal year.
DISTRICT's share shall be 7% of the Total Cost_
CV WD's share shall be 7% of the Total Cost.
The population of CITIES shall be based on the latest California State Department of
Finance population figures issued in May of each year. COL NTY population shall be based on the
most current Tax Rate Area (TRA) information best fitting the NPDES Permit area.
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If DISTRICT's compliance costs for administering and complying with the NPDES
MS4 Permit and this agreement are less than available BENEFIT ASSESSMENT Revenues for that
fiscal year and DISTRICT's BENEFIT ASSESSMENT fund has sufficient reserves,DISTRICT may
opt to use the excess BENEFIT ASSESSMENT revenues to offset the compliance costs for the
portions of COUNTY and CITIES of BANNING,DESERT HOT SPRINGS,PALM SPRINGS and
CATHEDRAL CITY within the BENEFIT ASSESSMENT based on each aforementioned party's
population within the BENEFIT ASSESSMENT AREA. Population shall be based on the most
current TRA an(Vor California Department of Finance information best fitting the BENEFIT
ASSESSMENT boundary.
5. Term of the Agreement. The term of this Agreement shall commence on the date
the last duly authorized representative of DISTRICT,COUNTY,CV WD or CITIES executes it. The
Agreement shall remain in effect until the date that CRWQCB-CRB issues a new NPDES Permit,
unless each of the parties withdraws sooner in accordance with the provisions of this .Agreement.
6. Additional Parties. Any public agency (Agency) which incorporates after the
date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file a
written request with Principal Pennittees asking to be added as a parry. Upon receipt of such a
request, Principal Permittees shall solicit the approval or denial of each Permittee_ If a majority of
the Permittees, each having one, co-equal vote, approves the addition of the Agency, the Principal
Permittees shall ask CRWQCB CRB to add the Agency to the NPDES Permit as an additional
Permittee. Once the Agency is made an additional Permittee to the NPDES Permit,this Agreement
shall be amended to reflect the addition,and the Agency shall,thereafter,comply with all provisions
of the NPDES Permit and this Agreement. Upon execution of the amended Agreement,the Agency
shall be responsible for the shared costs in accordance with Section 4 of this Agreement for the
current and any subsequent fiscal year.
7. Withdrawal from the Agreement. Any party may withdraw from this Agreement
60 days after giving written notice to the Principal Permittccs and CRWQCB-CRB. The
withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with
-8-
all of the requirements established by CRWQCB-CRB. Withdrawal from the Agreement shall
constitute forfeiture by the withdrawing party of its share of any costs paid as described in Section 4.
Cost Sharing,of this Agreement and is conditioned on the payment of all costs accrued in accordance
with Section 4. Cost Sharing. The withdrawing party shall be responsible for all lawfully assessed
penalties as a consequence of its withdrawal. The cost allocations to the remaining parties shall be
recalculated in the following fiscal year, in accordance with Section 4. Cost Sharing.
8. Non-compliance with Permit Requirements. Any party found to be in non-
compliance with the conditions of the NPDES Permit shall be solely liable for any lawfully assessed
penalties resulting from such non-compliance. Common or joint penalties shall be calculated and
allocated among the responsible parties as determined by the CRWQCB-CRB and any related
proceedings and according to the formula outlined in Section 4 of this Agreement.
9. Amendments to the Agreement. Except as provided in Section 6,this Agreement
maybe amended only by consent of all parties to the Agreement_ No amendment to this Agreement
shall be effective unless it is in writing and duly signed by the authorized representatives of all
parties to the Agreement.
10. Authorized Signatories. The General Manager-Chief Engineer of DISTRICT,
General Manager-Chief Engineer of CVWD, the Executive Officer of COUNTY and the City
Managers of CITIES (or their designees) are authorized to execute this Agreement and all
amendments hereto, to take all other procedural steps necessary to cant' out the terms of this
Agreement and to file for and obtain an NPDES Permit(s) or amendments thereto.
11. Notices. All notices shall be deemed duly given when delivered to the designated
Desert Task Force representative by hand; or three (3) days after deposit in the U.S. Mail, postage
prepaid.
12. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of California. If any provision or provisions of this Agreement shall be
held to be invalid,illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired hereby.
-9-
13. Consent to Waiver and Breach. No provision hereof shall be deemed waived and
no breach excused,unless the waiver or breach is consented to in writing and signed by the party or
parties affected. Consent by any party to a waiver or breach by any other parry shall not constitute
consent to any different or subsequent waiver or breach.
14. Applicability of Prior Agreements. This Agreement and the exhibits attached
hereto constitute the entire Agreement between the parties with respect to the subject matter;all prior
agreements, representations, statements, negotiations and undertakings concerning the NPAES
Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby.
15. Execution in Counternarts. This Agreement may be executed and delivered in
any number of counterparts or copies (counterparts) by the parties hereto. When each party has
signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be
deemed-an original and,taken together,shall constitute one and the same Agreement,which shall be
binding and effective as to the parties hereto.
-10-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
date, the last duly authorized representative executed it. This Agreement will only become
effective when fully executed by each of the parties hereto.
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
BY BY11A
WARREN D. WILLIAMS MARIO ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District
Board of Supervisors, County of Riverside
FED 2 � 2008 Supervisor, Fifth District
Dated:
APPROVED AS TO FORM: ATTEST:
JOE RANK NANCY ROMERO
County Counsel Clerk to the Board
By '0-`ff ) B
avid H. K. Huff, Deputyc Deputy
Dated: J J (SEAL)
REC MEND R APPROVAL: COUNTY OF RIVERSIDE
BY ' BY
L PA 5H Ro it n, Chairman
County Executive Officer B r Supervisors, Cc ty of Riverside
Supervisor, Fourth Dis 'ct
FI 2008
Dated:
ATTEST: NANCY ROMERO
Clerk to the Board
Deputy
(SEAL)
-7-
I IN WITNESS WHFREOF,the parties have caused this Agreement to be executed as of
the date the last duly authorized representative executed it. This Agreement will only become
2 effective when fully executed by each of the parties hereto.
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
5 By ByL
WARREN D. WILLIAMS MARION ASHLEY, Chairman
6 vo eneral Manager-Chief Engineer Board of Supervisors, Riverside County Flood
7 Control and Water Conservation District
8 Dated: /)3—lc GLJ
9
10 APPROVED AS TO FORM: ATTEST:
11 JOE RANK NANCY ROMERO
Co ounsel Clerk to the Board
1312 By "/ By`
vid H. K. Huff, Deputy De�NW 67 J
14 Dated: 3 (SEAL)
15
16
17 RECOMMENDED FOR APPROVAL: COUNTY VERSI
18 By By x
19 LARRY PARRISH ROY WI 0 , Chairman
County Executive Officer Board o u rvisors, County of erside
20
Dated:
21 ATTEST:
22 NANCY ROMERO
23 Clerk t I ekd
25 eputy J Uf
26 (SEAL)
27 JEU:cw
P8/117865
28
02/08/08
-11-
MAR 2 8 2008 � Q_�
APPROVED AS TO FORM: COACHELLA VAL Y IEIt
DISTRI
By "�� By.
STEVE ROBBINS
General M er-Chief gin=
By
PET NELSON
Pr ident
Dated: 7 f
_12_
APPROVED AS TO FORM: CITY Or BANNIN
By� asC By
IT City A 7tomey May
ATTEST:
By v) ,J,� Dated:
City Cleric
-13-
APPROVED AS TO FORM: CITY'' OF CATHEDRAL CITY
City Attorney Mayor
ATTE
By w Dated: �� 6
City Clerk
APPROVED AS TO FORM: CITY OF COACHELLA
By
City Attomey Mayor
ATAXITAI'lldlauamL
Dated:
t y erk ��
APPROVED AS TO FORM: CITY O`E DESERT HOT SP NGS
City Attorney ayor
ATTEST:
By QL VZ " Dated: 4 x 17/0 R-
City Clerk
-16-
APPROVED AS TO FORM: CITY OF INDIAN WELLS
L
By
City At orncy Mayor
ATTEST:
DY C Dated: ^ � T�
it Clerk
-17-
APPROVED TO FORM: CITY OF INDIO
By
City Attomey Mayo
ATTF T: �
By Dated:
C' Clerk
-18-
APPROVED AS TO FORM: CITY OF U.A. QUINTA
By Ikc- Sy
City Attorney Mayor
ATTE T'
By Dated:
City Clcrk
-19-
Contract No. C13360A
APPROVED AS TO FORM: CITY OF PALM DESERT
By � " By
City Attorney M ' or
ATTEST:
By Dated: -�-��
City Clerk =
-20-
APPROVE S TO FORM: CITY OF PALM SPRINGS
Ey BY ��
City ttorney ity anager �` "
ATTEST: �!
E ! Dated: Q
7ty Clerk
APPROVED BY CITY COUNCIL
-21-
APPROVED AS TO FORM: CITY OF RANCHO MIRAGE
By
City k�"[arner,Sfev a�n±anilla. - M . o�[ton eepo
ATTEST~ - \\
By J— Dared-_ Sl9/0.0 _
�.�y Ciry=Clevlc,�.Ie ICeeran; `
zz
11 - 24