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HomeMy WebLinkAboutSOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)117024 N-2024-145 Q P p C27 CS , S�e� " Return FULLY EXECUTED Copy to City Clerk, N1-30 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 Page 4 of 4