HomeMy WebLinkAboutContracts & Agreements_179-2016 MODIFICATION TO
MS4 NPDES STORMWATER PERMIT RENEWAL PARTICIPATION
AND JOINT DEFENSE AGREEMENT
This Modification ("Modification")to the MS4 NPDES Stormwater Permit Renewal
Participation and Joint Defense Agreement(`Agreement") is made and entered into as of the
date it is signed by all parties to the Agreement by and between San Bernardino County Flood
Control District,the County of San Bernardino, and the City of Big Bear Lake,the City of
Chino, the City of Chino Hills, the City of Colton, the City of Fontana, the City of Grand
Terrace,the City of Highland, the City of Loma Linda,the City of Montclair, the City Ontario,
the City of Rancho Cucamonga,the City of Redlands, the City of Rialto,the City of San
Bernardino, the City of Upland, and the City of Yucaipa, (collectively, the "Parties''or"MS4
Permittee Group") and Steptoe & Johnson, LLP.
RECITALS
A. Some of the Parties entered into the Agreement relating to renewal of that certain MS4
NPDES Permit and Waste Discharge Requirements for Area-wide Urban Stormwater
Runoff, adopted January 29, 2010,NPDES No. 618036/Order No. R8-2010-0036,
applicable to the San Bernardino County Flood Control District("SB1=CD"),the County
of San Bernardino, and the incorporated cities of San Bernardino County within the Santa
Ana Region ("MS4 NPDES Permit");
B. The SB FCD, as Principal Permittee engaged the services of Chris M. Amantea, Esq.
who, at the tune, was a partner at the law firm Squire Patton Boggs,to assist SB FCD on
legal and other issues related to renewal of the MS4 NPDES Permit, as well as on other
matters necessary to representation of the MS4 Permittee Group in connection with
negotiating the terms of the 2015 MS4 Permit; and
C. Since that time,Mr. Amantea, has changed law firms and is now a partner at the law Erna
of Steptoe &Johnson, LLP. Y
AGREEMENT
Pursuant to Paragraph 14.0 (Modification of Agreement) of the Agreement,the Parties desire
and intend to modify the Agreement to retain Steptoe &Johnson, LLP as common counsel to
advise the MS4 Permittee Group on legal and other issues related to the 2015 MS4 Permit and
remove Squire Patton Boggs as common counsel. Mr. Amantea will remain as the partner
responsible for overseeing and managing the legal services provided to SB FCD, as Principal
Permittee and to the MS4 Permittee Group.
Therefore,the Agreement is hereby modified to replace all references to Squire Patton Boggs
(except for the references in Recital E of the Agreement),with Steptoe & Johnson, LLP.
Except as modified herein, the terms and conditions of the Agreement remain unchanged.
This Modification may be executed in one or more counterparts, each of which, when so
executed, is deemed to be an original and all of which taken together constitute one agreement.
Steptoe&Johnson, LLP City of Chino
Bv: By:
Name: Name:
Title: Title:
Date: Date:
San Bernardino County Flood Control City of Chino Hills
District(Principal Permittee)
Bv: By:
Name: Name:
Title: Title:
Date: Date:
County of San Bernardino Cite of Colton
Bv: By:
Name: Name:
Title: Title:
Date: Date:
City of Big Bear Lake Cit} of Fontana
By: By
Name: Name:
Title: Title:
Date: Date:
City of Grand Terrace City of Ontario
By: By:_.____.
Name: Name:
Title: Title:
Tate: Date:
City of Highland City of Rancho Cucamonga
fav: By:
Name: Name:
Title: _ Title:._._ —.
Date: late:
City of Lorna Linda City of Redlands
Name:.
Name; Pa,Ul W. FoSfipr
Title:
Title: Mayor
Date:
Tate: 9/6/16
City of Montclair
City of Rialto
Bv:
_ Bv:.
Name:
Name:
—
Title:-- Title:
Dale: Date:
City of San Bernardino
Bv:
Name:
Title:
Tate:
City of Grand Terrace City of Ontario
By: By:
Name: Name:
Title: Title:
Date: Date:
City of Highland Cite of Rancho Cucamonga
By: By:
Name: Name:
Title: Tittle:
Date: Date:
City of Loma Linda Cite of Redlands
By: By:
Name;
Name;
Title:
Title:
Date:
Date:
City of Montclair
City of Rialto
Bv; Bv:
Name:
Name:
Title:
Title:
Date:
Date:
City of San Bernardino
By-,
Name:
Title:
Date:
City of Upland
Bv:
Name:
Title:
Date:
City of Yucaipa
Bv:
Name:
Title:
Date: