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3.2.14.2 Compliance with Water Quality Laws, Ordinances and Regulations.
<br />Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and
<br />in compliance with all local, state and federal laws, rules and regulations that may impact, or
<br />be implicated by the performance of the Services pertaining to water quality including all
<br />applicable provisions of the Santa Ana Municipal Code regulating water quality and
<br />discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 at
<br />seq.); the California Porter Cologne Water Quality Control Act (Water Code § 13000 et seq.);
<br />and any and all regulations, written policies, or permits issued pursuant to any such authority.
<br />Contractor shall additionally comply with the laws and regulations of the City, and any other
<br />municipality, drainage district, or other local agency with jurisdiction over the location where
<br />the Services are to be conducted, regarding discharges of storm water to separate storm
<br />drain systems or other watercourse, including applicable requirements in municipal storm
<br />water management programs.
<br />3.2.14.3 Compliance with DAMP and LIP. In addition to compliance with the
<br />laws, ordinances and regulations listed in paragraph 3.2.14.2, Contractor must comply with all
<br />applicable requirements of the Orange County Drainage Area Management Plan ("DAMP") and
<br />the City of Santa Ana Local Implementation Plan ("LIP") as amended from time to time. Both
<br />documents contain Model Maintenance Procedures with Best Management Practices ("BMPs").
<br />These Model Maintenance Procedures contain pollution prevention and source control
<br />techniques to minimize the impact of those activities upon dry -weather urban runoff, storm
<br />water runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP
<br />and shall comply with the requirements as specified therein.
<br />3.2.14.4 Standard of Care. Contractor warrants that all employees and
<br />subcontractors shall have sufficient skill and experience to perform the work assigned to them
<br />without impacting water quality in violation of the laws, regulations and policies described in
<br />Sections 3.2.14.2 and 3.2.14.3 of this Agreement. Contractor further warrants that it, its
<br />employees and subcontractors will receive adequate training, as determined by the City,
<br />regarding the requirements of the laws, regulations and policies described in Sections 3.2.14.2
<br />and 3.2.14.3 of this Agreement as they may relate to the Services.
<br />3.2.14.5 Liability for Non-compliance.
<br />3.2.14.5.1 Indemnity: With respect to the laws, regulations, standards and
<br />ordinances listed in Sections 3.2.14.2, 3.2.14.3, and 3.2.14.4, Contractor agrees to indemnify
<br />and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
<br />from and against any and all claims, demands, losses or liabilities of any kind or nature which
<br />the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur
<br />for to the extent arising from Contractor's noncompliance with the laws, regulations, and
<br />ordinances listed in Sections 3.2.14.2, 3.2.14.3, and 3.2.14.4 of this Agreement arising out of or
<br />in connection with the Services.
<br />3.2.14.5.2 Defense: City reserves the right to defend any enforcement
<br />action or civil action brought against the City for Contractor's failure to comply with any
<br />applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by,
<br />and to reimburse the City for the costs associated with, any settlement reached between the
<br />City and the relevant enforcement entity, provided that Contractor approves defense counsel
<br />and any such settlement.
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