HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (4) fl''dSURA`!CE NOT Rc0.(11RED Return FULLY EXECUTED
WORK NtiM PROCEED Copy to City Clerk, M-30 A-2026-042
CITY CLERK(
DATE: APR 1 7 2026 COPY
0:P WAIL0 AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT ('AGREEMENT") , for purposes of
identification numbered [D02-048] , and which may be alternatively referred to as
the "OC Stormwater Program Implementation Agreement," is entered into this
day of , 2026, by the County of Orange, (herein called the COUNTY) , the
Orange County Flood Control District (herein called DISTRICT) and the cities of
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna
Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La
Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho
Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach,
Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES) .
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES
or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this
AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1967, through the Water Quality
Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342 (p) ) to require
the United States Environmental Protection Agency ("EPA") to promulgate
regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination
System ("NPDES") permits for discharges from a municipal separate storm sewer
system ("MS4") (herein after called MS4 permits) , and further require MS4 permits
to include requirements to control pollutants from stormwater discharges; and
WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT
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to provide for the control of flood and stormwater and protect from damage from
those flood or stormwater, the harbors, waterways, public highways, and property
within the DISTRICT"s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to
regulate discharges that threaten to impact its system and carry on technical
and other investigations, examinations, or tests of all kinds, making
measurements, collecting data, and making analyses, studies, and inspections
pertaining to water supply, control of floods, use of water, water quality,
nuisance, pollution, waste, and contamination of water, both within and without
the DISTRICT; and
WHEREAS, the California State Water Resources Control Board ("SWRCB"), as
designee of the EPA, has delegated authority to the California Regional Water
Quality Control Boards-Santa Ana Region ("RWQCB-SAR") and San Diego Region
("RWQCB-SDR") (collectively, the RWQCBs) for administration of MS4 permits within
the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits
issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE
or Principal Watershed Co-permittee, as defined in the MS4 permits; and
WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into
that certain agreement entitled National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which
was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June
25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the
June 25, 2002 amendment will be referred to collectively hereinafter as the
ORIGINAL AGREEMENT) , to cooperatively develop, and did thereunder develop, an
integrated stormwater runoff management program with the objective of fulfilling
MS4 permit .requirements and improving water quality in Orange County (program
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referred to herein as the "OC Stormwater Program") ; and
WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL
AGREEMENT may be amended by consent of a majority of the PERMITTEES which
represent a majority of the percentage contributions as described in Section IV
of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the
DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new,
and potential future MS4 permit requirements, to the extent feasible, is in the
best interests of the CITIES, the COUNTY, and the DISTRICT; and
WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL
AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows:
I. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4
permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a
PERMITTEE under each MS4 permit to which they are subject.
II. INCORPORATION OF FEDERAL GUIDELINFS
All applicable federal and state water quality regulations and guidelines
under the Federal Clean Water Act, as presently written or as changed
during the term of this AGREEMENT, are hereby incorporated by reference
and made a part of this AGREEMENT and take precedence over any
inconsistent terms of this AGREEMENT.
III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
A. The COUNTY shall be the administrator of the OC Stormwater Program and,
on a cost-shared basis, perform the following functions:
1. Annual operating budgets.
a. Prepare the annual operating budget ("annual operating budget") ,
which shall include a work plan and associated financial plan and
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budget. The annual operating budget is intended to provide for
all programmatic functions and associated costs of the OC
Stormwater Program, as outlined in this AGREEMENT and as generally
described in Section V.A. Annual operating budgets and work
plans may be based on RWQCE region (i.e. , Santa Ana Region versus
San Diego Region) . The budget year shall coincide with the
COUNTY's fiscal year, July I June 30.
b. Consult with the Stormwater Program Representatives (as defined in
Section III .C.8) when preparing annual operating budgets and major
program elements therein.
c. A draft of the annual operating budget may be prepared for the
PERMITTIES for review by February 15 each year. Annual operating
budgets shall be submitted to the PERMITTEES for consideration
and approval by May 15 of each year. Individual CITY approval
shall be obtained from each CITY's city manager or designee
thereof by July 30 of each year. CITY manager designations for
annual operating budget approval shall be provided in writing to
the County and shall remain in effect until revoked in writing by
the CITY' s city manager. An annual operating budget shall be
deemed approved and adopted for the OC Stormwater Program by
affirmative responses from PERMITTEES which represent a majority
(5Co or greater) of both the area and population percentage
contribution as calculated in accordance with Section V.A (method
for calculating approval percentage referred to as "Majority
Approval") . The COUNTY and the DISTRICT shall represent one
voting PERMITTEE with their percentage contribution equal to the
total of the COUNTY and the DISTRICT as described in Section V.A.
d.. An approved and adopted annual operating budget shall not be
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exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific
and/or watershed-specific budgets and associated work plans
(collectively, "sub-budget (s) ") for the design of water quality
projects and/or responding to RWQCB enforcement orders and/or
other orders (e.g., California Water Code 13267 or 13383 orders) .
b. Sub-budgets shall be prepared and proposed on an as-needed basis,
at the discretion of the COUNTY, or as requested by interested
PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will
confirm participation to the COUNTY in writing. A PERMITTEE who
confirms participation in a sub-budget shall be referred to
herein as "PARTICIPATING PERMITTEE(s) ." Sub-budgets will be
subject to unanimous approval by all PARTICIPATING PERMITTEES,
except that where a Participating Permittee fails to vote to
approve a proposed sub-budget, such failure shall be deemed a
withdrawal from the sub-budget and the withdrawing PERMITTEE
shall no longer be considered a PARTICIPATING PERMITTEE and shall
have no obligation to pay for or participate in the sub-budget.
d. Project elements that go beyond design (e.g. , construction,
operation, and maintenance) shall not be provided for in sub-
budgets and, instead, are subject to separate agreement between
the Participating Permittees.
3. Represent the OC Stormwater Program in reviews of documents, comments,
and discussions with EPA, SWRCB, and RWQCBs and/or other resource
agencies regarding MS4 permit requirements and related policies,
programs, and regulations. The COUNTY shall timely notify the
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PERMITTEES of any decision reached during these discussions that, in
the determination of the County, substantially impacts the OC
Stormwater Program.
4. Implement approved annual operating budgets and sub-budgets.
5. Working in collaboration with PERMITTEES, prepare and submit regional
compliance reports as the Principal PERMITTEE, as required under the MS4
permits, and/or as designated in the approved workplans.
6. Implement the regional monitoring and reporting program elements from
approved workplans for the MS4 permits, including, but not limited to,
tasks to monitor and measure the effectiveness cf Best Management
Practices ("BMPs") . This may include monitoring and modeling.
7. Obtain, as may be required by the annual operating budget and/or sub-
budgets approved pursuant to this AGREEMENT, professional services,
including, but not limited to, scientific, engineering, environmental,
economic, and/or legal consultants to provide technical assistance for
the work associated with the OC Stormwater Program. This work may
include, but is not limited to, the preparation of technical or economic
studies, legal analysis, watershed management plans, stormwater runoff
management plans, water quality improvement plans, modeling, reasonable
assurance demonstrations/reasonable assurance analyses, monitoring
plans, technical reports, municipal staff training activities, and the
design of structural and non-structural BMPs and strategies to prevent
and/or reduce pollutants in stormwater runoff. Contracts for
professional services to be funded under this AGREEMENT shall be made
in conformance with the COUNTY' s procurement policies, and, to the
extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of
new contracts for professional services, so that PERMITTEES may
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better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval
by the Orange County Board of Supervisors {as determined within the
sole discretion of the COUNTY) , one Stormwater Program
Representative for every two designees of the COUNTY shall be
allowed to participate in any panel formed for the purpose of
evaluating responses to Requests for Proposals or similar
competitive solicitations submitted by potential consultants. Where
any contract subject to this provision is to be extended beyond the
initial term, the COUNTY shall request feedback from the Stormwater
Program Representatives, regarding the consultant's performance,
prior to executing the extension. This process shall in no way
impinge upon or limit the COUNTY' s discretion to enter into, amend,
extend, renew, or cancel any contract for professional services for
the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the
COUNTY's procurement policies that significantly affect the
thresholds for competitive procurement, scoring, or selection
processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities within the unincorporated areas of the County, at no
cost to the CITIES.
9. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities on County-owned property used for COUNTX governmental
purposes (i.e., property used for governmental functions) and located within
a CITY, at no cost to the CITIES. For purposes of this section, the
regional facility known as Dana Point Harbor shall be considered a County-
owned property used for governmental purposes.
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a. To avoid confusion in the implementation of each party' s facility
inspection programs, the COUNTY shall provide a list of those
facilities, buildings and properties that it owns and are located
within other jurisdictions (i.e. non-unincorporated properties)
that the COUNTY has decided to monitor and regulate pursuant to
this Section III.A.9. The County further agrees to notify the
affected PERMITTEE of changes to the status of a facility.
B. The DISTRICT shall, on a cost-shared basis, except as set forth in
subparagraph 2 below:
1. Perform or cause to be performed the water quality and hydrographic
monitoring for compliance with MS4 permits and/or in accordance with
RWQCB-approved monitoring plans and/or in the approved workplans.
2. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities located on District-owned and controlled property that
is used for governmental purposes, at no cost to the CITIES.
3. Undertake or cause to be undertaken all activities required of the CITIES
in Section III.0 and applicable to the District.
C. The CITIES, at no cost to the Counties and the District, shall:
1. implement a facility inspection program for its MS4 facilities, as
required by the MS4 permit(s) and within the jurisdictional boundaries
of that CITY.
2. Submit to the COUNTY storm drain system maps and/or data describing the
type and location of its MS4 facilities with periodic revisions that
reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted
as geographical information system ("GIS") data.
3. Support the COUNTY in the preparation of watershed characterizations and
catchment prioritization efforts, including, but not limited to, by:
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a. Identifying applicable zoning and. land use designations.
b. Identifying areas where sources of specific pollutants are known.
4. Upon COUNTY request, review, comment on, consider approval of, and, if
approved, implement regional strategies to prevent and reduce pollutants
in stormwater runoff.
5. Implement an illegal discharge detection and elimination program as
required by the MS4 permit (s) to which the CITY is subject. Demonstrate
adequate legal authority to control discharges to its MS4 facilities as
may be required by the relevant MS4 permit(s) to which the CITY is
subject.
6. Provide, as requested by the COUNTY, copies of the CITY's
jurisdictional reports, data, and any other information (in formats
requested by the COUNTY, where such formats are reasonably available) to
satisfy requirements in MS4 permits or other orders issued by a
Regional Board or the State Board, to which the CITY is subject,
provided the CITY has not otherwise challenged such order, and such
challenge has not been resolved.
7. Participate in meetings convened by the COUNTY and respond to requests
for information from the COUNTY, intended to obtain PERMITTEE input on
matters related to this AGREEMENT and the implementation of the OC
Stormwater Program.
8. Designate primary and secondary Stormwater Program Representative for
matters related to this AGREEMENT and the implementation of the CC
Stormwater Program. Designations shall be made by each CITY's city
manager, or designee, in writing to the COUNTY. Each designation shall
remain in effect until revoked by the CITY's city manager or designee.
Stormwater Program Representatives are intended to provide subject
matter input and facilitate communication between the COUNTY and each
CITY. For purposes of this AGREEMENT, a Stormwater Program
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Representative will not be deemed to have the authority to approve
annual operating budgets on behalf of a CITY, as required in Section
IIIeA.l, unless expressly stated in the written designation provided to
the COUNTY.
D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to
the CITIES or the DISTRICT, undertake or cause to be undertaken all
activities required above of the CITIES in Section III.0 that are not
responsibilities of the DISTRICT as outlined in Section III.B.
IV. Orange County City Manager Association Engagement
A. In lieu. of the activities of the Technical Advisory Committee under the
ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working
relationship with the Orange County City Manager Association ("OCCMA") or
a sub-group thereof, to address issues such as MS4 permit requirements,
MS4 permit compliance methods, and funding needs and strategies to
facilitate regional and/or watershed-based, multi-jurisdictional project
efforts.
R. At its discretion, the COUNTY, in coordination with the PERMITTEES as set
forth in this AGREEMENT, may implement recommendations (or parts thereof)
that OCCMA. may give on OC Stormwater Program matters, including, but not
limited to, potential strategies for compliance with current and
anticipated future MS4 permit requirements; funding strategies and options
for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to
Majority Approval of the PERMITTEES pursuant to III.A.l.d.
C. Under no circumstances shall this Section be interpreted as a replacement
or substitute for any other responsibility of CITIES or the COUNTY under
this Agreement. At the COUNTY' s discretion, the Director of OC Public
Works may enter into a memorandum of understanding with OCCMA to facilitate
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procedures for OCCMA engagement under this Section. Under no circumstances
shall this provision be interpreted to require any written agreement
between the COUNTY and OCCMA.
V. PROGRAM COSTS
A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all
costs of equipment, goods, COUNTY services (including, but not limited to,
applicable COUNTY and COUNTY'S departmental overhead) , and all professional
services costs incurred by the COUNTY, and any cost of the MS4 permits, as
determined by the COUNTY in its role as administrator of the OC Stormwater
Program, shall be a shared cost and allocated among the COUNTY, DISTRICT,
and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY
shall be functions of their respective dry land areas and population
relative to those of the entire County of Orange. Each area shall be
calculated as one-half of the sum of the area and population fractions,
multiplied by 90%. National forests, state parks, airports, landfills,
oceans, harbors, tidal bays, and active military installations shall be
excluded from area calculations (Exhibit Aml) . The contribution of the
COUNTY shall be calculated from unincorporated areas and their respective
populations. Should any external or alternative sources of funding become
available, those funds may be directly applied to the appropriate budget(s)
before the shared cost percentages are applied to the PERMITTTEES or
credited to a subsequent budget.
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Share in percent for jurisdiction 41= { (Xi/Xtot) + (Yi/Ytot) 1/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding the DSSTRICT's contribution
The percentage share shall be calculated by the COUNTY from population and
area data. The population data shall be the most recent annual population
estimates produced by the California Department of Finance, and area is
based on the most recent OC Public Works survey data available to the
COUNTY. Percentage share calculations shall be updated by May of each
budget year for the budget year following and shall be included in annual
operating budget proposals. Annual operating budget proposals shall be
prepared based on the following percentage share computation methods, as
applicable, and subject to exclusions in Exhibit A-1:
1. Countywide costs will be calculated as described in the process and
formula above and subject to Exhibit A-1 for the entire group of
PERMITTEES.
2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and
San Diego Region) , will be calculated based on the process and formula
above for PERMITTEES within the respective permit geographic area. For
PERMITTEES that have jurisdiction in both permit regions, the regional
costs will be based on the land area and prorated population for that
permit geographic area.
3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their
corresponding area and prorated population total within the geographic
area subject to the specific sub-budget,
4. In the event of a regulatory directive issued to PERMITTEES requiring
amendment of any approved budget, the COUNTY shall provide immediate
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notice to the included PERMITTEES and hold discussions with respect to
responding to the directive and funding the immediate response. Such
budget amendments shall be subject to the Majority Approval referenced in
Section III.A.1.d.
5. If at any time during a budget year costs exceed the sum of the deposits
for any approved budget, and prior Majority Approval for such exceedance
has been obtained, the COUNTY shall submit invoices to the involved
PERMITTEES to recover the deficit. The share for each PERMITTEE shall
be prorated according to the formula that was initially used to
apportion budget costs. Each CITY shall pay the invoice within 45
calendar days of the billing date.
6. If at any time costs exceed the sum of the deposits for any approved
budget, the COUNTY may propose a budget increase and request payment by
the PERMITTEES, and PERMITTEES shall pay such amount, provided the
budget increase is approved in accordance with sections III.A.1.c-d or
III.A.2.c of this Agreement, as may be applicable. Until such approval
is obtained and sufficient deposits received, the COUNTY may, at its
sole discretion, cease carrying out approved budget components so as to
limit or not incur costs in excess of deposits. Nothing in this
AGREEMENT shall be construed as requiring PERMITTEES to approve budget
increases.
7. The COUNTY shall prepare a budget year-end accounting within 12C
calendar days of the end of the budget year and present the same to the
involved PERMITTEES for review. If the budget year-end accounting
results in the sum of the deposits exceeding costs (net of interest
earnings) , the excess deposits shall carry forward to reduce the
obligation of the PERMITTEES for the following budget year and prorated
to the CITIES consistent with the cost-sharing population and area data
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calculation above.
B. The COUNTY shall invoice each CITY for its annual share of each
approved budget by November 30 of each budget year. Each CITY shall pay
their deposit (s) within 45 calendar days of the billing date or within
45 calendar days of November 30, whichever is later. Each CITY'S
deposit(s) shall be based on their prorated share(a) of the approved
budget(s) , reduced for any carry forward amount identified in the prior
budget year-end accounting,
9. The COUNTY shall hold each CITY' s annual share of each approved budget
in interest-bearing accounts and credit interest earned on each CITY's
annual share against each CITY's share of the approved budget costs.
The COUNTY shall maintain records regarding interest earned and credited
on each CITY's annual share and provide the same to the CITIES within
120 calendar days of the end of the budget year.
1C.Upon termination of this AGREEMENT, a final accounting shall be
performed by the COUNTY and presented to the PERMITTEES for review. If
the sum of the deposits exceeds the costs, the COUNTY shall reimburse
to each CITY its prorated share of the excess, within 120 calendar days
of the final accounting.
VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or
terminated in accordance with this AGREEMENT.
VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this
AGREEMENT, or requests to become a party to this AGREEMENT after
previously withdrawing pursuant to Section VIII, shall be eligible to
become a party to this AGREEMENT, subject to Majority Approval. In
approving adding additional cities to this AGREEMENT, the PERMITTEES may
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require such conditions of the added cities as they determine necessary or
advantageous. The date of initiation, for determining costs for newly
incorporated cities, shall be the date of incorporation. The costs for
adding additional cities to this AGREEMENT and OC Stormwater Program
including, but not limited to, permit and processing fees, as well as
administrative costs incurred by the COUNTY and costs to reimburse the
existing PERMITTEES for unreimbursed costs related to a previous
withdrawal (if applicable) , shall be calculated by the COUNTY, approved by
Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY
and paid by the added city(ies) within 45 calendar days of the billing
date. Monies to be reimbursed to the existing PERMITTEES shall carry
forward to reduce the billings for the following budget year.
VIII. WITH➢RAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar
days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES
within 10 business days of receipt of any withdrawal notice. Neither the
COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing
CITY of the legal, regulatory, or programmatic effects of withdrawing, nor
have any continuing responsibility to the withdrawing CITY upon the
effective date of the withdrawal. The withdrawing CITY shall be solely
responsible for any costs the withdrawing CITY may incur related to its
withdrawal, including, but not limited to, penalties assessed by RWQCBs,
and or other resource agencies (e.g., EPA, CDFW, etc. ) in connection with
or related to its withdrawal. in addition, withdrawal shall. constitute
forfeiture of any deposits on. hand from the withdrawing CITY, for the
budget year in which the withdrawal is effective. If the effective date of
a withdrawal is within 60 calendar days of the beginning of any budget
year, the withdrawing CITY shall be responsible for paying its annual
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share for the upcoming budget year as if it were still a PERMITTEE
participating in this AGREEMENT but shall be eligible to receive a credit
for any prospective carry forward amount of such annual share as may be
contemplated by this AGREEMENT. The cost allocations to the remaining
PERMITTEES participating in this AGREEMENT shall be recalculated and
collected and/or credited as necessary in the budget year following the
effective date of the withdrawal.
IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and
omissions with respect to compliance with requirements of an MS4 permit or
other order of the RWQCBs or SWRCB to which it may be subject, and nothing
herein shall be deemed to waive, release, or transfer any such
responsibility to any other PERMITTEE, Nothing in this AGREEMENT shall be
construed as an assumption by any PERMITTEE of any liability or obligation
of another PERMITTEE, whether past, present, or future.
X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT,
each party shall bear its own attorneys' fees and costs, and no party shall
seek to recover the same from any other party through litigation or other
legal proceedings.
XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the
DISTRICT shall represent one voting PERMITTEE with their percentage
contribution equal to the total of the COUNTY and the DISTRICT as described
in Section V. No amendment to this AGREEMENT shall be effective unless it
is in writing and signed by the duly authorized representatives of the
COUNTY and the required Majority Approval of PERMITTEES.
XII. NOTICES
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All notices required under Section VIII shall be deemed duly given if
delivered by hand (with written confirmation of receipt) ; via electronic
mail (with confirmation of transmission) ; or three (3) days after deposit
in the U.S. Mail, postage prepaid.
XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of
the State of California. If any provision or provisions of this AGREEMENT
is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not any way be affected
or impaired hereby.
XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the duly
authorized representative of the PERMITTEE to have waived or consented.
Any consent by any PERMITTEE to, or waiver of, a breach by the other,
whether express or implied, shall not constitute a consent to, waiver of,
or excuse for any other different or subsequent breach.
XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and
constitutes the entire AGREEMENT between the PERMITTEES with respect to
the subject matter. All prior agreements, representations, statements,
negotiations, and undertakings are superseded hereby.
XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts
shall constitute a single instrument. The parties agree that this
AGREEMENT may be executed and delivered by electronic means, including via
email or electronic signature platforms (e.g., DocuSign, Adobe Sign) , and
that such electronic signatures shall be deemed to have the same legal
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effect as original signatures. Each party agrees that electronically
signed documents shall be valid, enforceable, and admissible in any legal
proceeding to the same extent as a manually signed original.
XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION
Notwithstanding anything in this Agreement to the contrary, nothing in
this AGREEMENT shall require a party to release or provide information
(including any reports, communications, data, etc. ) that has been deemed
by that party to be subject to the attorney-client privilege, attorney
work product doctrine, or any other relevant privilege and protection,
including, but not limited to, any reports or information generated by a
party' s consultant that was prepared in consultation with, or at the
direction of, such party's attorney or counsel of record. Nothing in this
AGREEMENT shall prohibit the parties hereto from entering into future
agreements, including joint defense agreements, common interest
agreements, or other similar agreements to share such privileged or
protected information subject to the terms and conditions of such an
agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates
opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OY THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORA? COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
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CITY OF ALISO VZEJO
Date. By: _
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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CITY OF ANAHEIM
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
21
CITY OF BREA
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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CITY OF BUENA PARK
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
23
CITY OF COSTA MESA
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
24
CITY OF CYPRESS
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
25
CITY OF DANA POINT
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
26
CITY OF FOUNTAIN VALLEY
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
27
CITY OF FULLERTON
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Cierk City Attorney
28
CITY OF GARDEN GROVE
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
29
CITY OF HUNTINGTON BEACH
Date. By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
30
CITY OF IRVINE
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
31
CITY OF LA EA3RA
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
32
CITY OF LA PALMA
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
33
CITY OF LAGUNA BEACH
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
34
CITY OF LAGUNA HILLS
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
35
CITY OF LAGUNA NIGUEL
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
36
CITY OF LAGONA WOODS
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
37
CITY OF LAKE FOREST
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
38
CITY OF LOS ALAMITOS
Date. By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
39
CITY OF MTSSTON VTFJO
Date: By:
Mayor
ATTEST: .APPROVED AS TO FORM:
City Clerk City Attorney
40
CITY OF NEWPORT BEACH
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
41
CITY OF ORANGE
Date: By:
Mayor
ATTEST: APPROVED A5 TO FORM:
City Clerk City Attorney
42
CITY QE PLACENTTA
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
43
CITY OF RANCHO SANTA MARGARITA
Date: $y:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
44
CITY OF SAN CT=ENTE
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
43
CITY OF SAN JUAN CAPISTRANO
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
46
CITY OF SANTA ANA
Date:
'���`��� Ry: elL
ALVARO NUNEZ
City Manager
ATTEST:
APPROVED AS TO FORM:
JENNIFER L. ALL ``°°`4 FOE NELLESEN
City Cle Assistant City Attorney
47
CITY OF SEAS BEACH
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
48
CITY OF STANTON
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
49
CITY OF =STIN
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
50
CITY OF VILLA PARK
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
51
CITY OF WESTMINSTER
Date: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
52
CITY OF YORBA LINDA
Date: By:
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney
53
EXHIBIT A - 1
DRY LAND AREA DE➢UCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
54