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SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between City of Santa Ana Police
Department ("SAPD") and the South Coast Air Quality Management District ("District' or "SCAQMD")
(collectively referred to as "Parties" or individually as "Party").
RECITALS
A. The District is a political subdivision of the State of California created by the legislature to
exercise responsibility for comprehensive air pollution control within Orange County and designated
portions of Los Angeles, Riverside, and San Bernardino Counties, with its headquarters located at 21865
Copley Drive, Diamond Bar, California 91765.
B. SAPD operates a police station located at 60 Civic Center Plaza, Santa Ana, CA 92703
(Facility ID No. 114484).
C. The Parties enter into this Agreement with the intention of settling the penalties authorized
by California Health and Safety Code section 42400, et seq., arising in connection with the alleged
violations specified in Notice of Violation P73958, on the terms and conditions set forth herein. This
Agreement does not settle any other violations or alleged or potential violations and does not waive or limit
any RECLAIM allocation reduction, if applicable, that is imposed pursuant to District Regulation XX or
waive or limit any fees owed pursuant to District Regulation II1.
IT IS THEREFORE AGREED:
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants,
agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree to the following:
I. Effective Date. The effective date of this Agreement shall be the date upon which the last
Party executes it.
2. Civil Penalty. SAPD agrees to pay the District in settlement of the specific violations
alleged in Notice of Violation P73958, the total sum of $3,500.00 for civil penalties, which payment shall
be post -marked by no later than April 12, 2024. The payment shall be in the form of a check made payable
to the South Coast Air Quality Management District and shall be mailed to:
Josephine Lee
Senior Deputy District Counsel
South Coast Air Quality Management District
Office of the General Counsel
21865 Copley Drive
Diamond Bar, CA 91765-4178
3. General Release. Upon the full complete and timely performance of the obligations
agreed to by SAPD in this Agreement, the Parties do hereby mutually release the other and its officers,
directors, agents, employees, servants, contractors, attorneys, shareholders, affiliates, successors -in -
interest, predecessors -in -interest, parents, and assigns from any and all monetary and equitable claims of
any kind, such as civil penalties, attorney fees, costs, damages of any kind or nature whatsoever, relating to
City of Santa Ana Police Department- Settlement Agreement Page 1 of 4
or arising out of the violations/claims identified in the recitals set forth in this Agreement. Nothing in this
agreement shall be construed to waive or limit any fees assessed pursuant to District Regulation III or any
RECLAIM allocation reduction that is imposed pursuant to District Regulation XX.
4. No Admission of Liability. The agreements, statements, pleadings, and actions stated in
or taken pursuant to this Agreement are made for the purpose of compromising and settling these matters
amicably, in the spirit of conciliation, and to avoid protracted and expensive litigation. Nothing contained
in this Agreement shall constitute or be construed, considered, offered or admitted, in whole or in part, as
evidence of an admission or evidence of fault, wrongdoing, liability or violative conduct by any Party or
its respective present or former officers, directors, agents, employees, servants, affiliates, contractor,
attorneys, shareholders, successors -in -interest, predecessors -in -interest, subsidiaries, parents, and assigns,
in any administrative or judicial proceeding or litigation in any court, agency, or forum whatsoever.
5. Compliance with Existing Laws and Regulations. Nothing in this Agreement shall be
construed to limit or excuse SAPD's duty to comply with all applicable laws and regulations with regard
to SAPD's operations within the jurisdiction of the District.
6. Remedies for Breach. In the event that SAPD fails to timely make the payment required
in paragraph 2 above, or fails to comply with any other material obligation required by this Agreement, the
District has the right to elect to deem this agreement null and void and commence and prosecute litigation
based upon the alleged violations set forth in Notice of Violation P73958, and the District shall be entitled
to seek all appropriate relief, including civil penalties and other remedies such as injunctions to the
maximum extent allowable under the law.
7. Waiver of Certain Defenses. If the District commences litigation against SAPD pursuant
to paragraph 6, above, SAPD hereby waives any defense or claim based upon the applicable statute of
limitations, laches, waiver, and/or estoppel to the extent such a defense arises after the Effective Date of
this Agreement.
8. Warranty of Authority. Each of the Parties hereto represents and warrants that it has the
full power and authority to enter into this Settlement Agreement and that the signatories to the Agreement
have been duly authorized to execute the Agreement on behalf of the entities identified below.
9. Successors and Assigns. This Agreement shall be deemed to obligate, extend to, and inure
to the benefit of the Parties to the Agreement, and the legal successors, assigns, transferees, grantees, and
heirs of each such Party, including those who may assume any or all of the capacities described herein,
10. Entire Agreement. This Agreement contains the entire Agreement of the Parties with
respect to specific matters covered by this Agreement, and no other agreements, statements or promises
made by any Party or made to any employee, officer, or agent of any Party, shall be valid or binding with
respect to said matters. This Agreement supersedes all prior proposals, agreements, and understandings
between the Parties and may not be changed or terminated orally, and no change, termination, or attempted
waiver of any of the provisions hereof shall be binding unless in writing and signed by the Party against
whom the same is sought to be enforced.
11. Recital Incorporation. The Recitals are made a part of this Agreement as if they were
fully written herein.
12. Enforceability. Nothing herein shall be deemed to limit or preclude the right of the District
to seek civil penalties, injunctive or any other legal or administrative relief allowed by law for any other
violations of District rules or any other applicable regulations or law.
City of Santa Ana Police Department- Settlement Agreement Page 2 of 4
13. No Party Deemed Drafter. The Parties acknowledge that the terms of this Agreement are
contractual and are the result of negotiations between the Parties and their respective counsel. Each Party
and their respective counsel cooperated in the drafting and preparation of this Agreement.
14. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, unlawful, void, or unenforceable, then such provision shall be enforced to
the extent that it is not illegal, invalid, unlawful, void, or unenforceable, and the remainder of this
Agreement shall continue in full force and effect.
15. Forum. The validity, construction and performance of this Agreement shall be governed
by the laws of the State of California, regardless of the choice -of -law provisions of California or any other
jurisdiction.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same document. The Parties may
execute and deliver this Agreement by transmitting an authorized signature by fax or .pdf, and copies of
this Agreement signed and delivered by means of faxed signatures or signatures in a .pdf document shall
have the same effect as copies executed and delivered with original signatures.
17. Notices. All notices, requests, and other communications which may be given under or
concerning this Agreement shall be made in writing and shall be deemed to have given when received. In
each case notice shall be sent to:
For CITY OF SANTA ANA POLICE DEPARTMENT:
Paul Bui
City of Santa Ana Police Department
20 Civic Center Plaza, M-11
Santa Ana, CA 92701
pbui(a,santa-ana.or
For the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT:
Josephine Lee
Senior Deputy District Counsel
South Coast Air Quality Management District
Office of the General Counsel
21865 Copley Drive
Diamond Dar, CA 91765-4178
Telephone No.: (909) 396-2913
Facsimile No.: (909) 396-2961
Email: j1ee4 c[-�,agmd.gov
[Signatures on following page]
City of Santa Ana Police Department- Settlement Agreement Page 3 of 4
IN WITNESS THEREOF, the Parties have executed this Agreement by their duly authorized
representatives as of the date set forth below their respective signatures.
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
By: C�e
JOSEPHINE LEE
Senior Deputy District Counsel
Dated: April 16 , 2024
ATTEST:
CITY OF SANTA ANA
By. --,
r
ALVARO NUNEZ
Acting City Manager
Dated: ft `7 `/ , 2024
RECOMMENDED FOR APPROVAL:
tT RODRIGUEZ
Chief of Police
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOGOSIAN
Senior Assistant City Attorney
City of Santa Ana Police Department- Settlement Agreement
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