HomeMy WebLinkAbout6f. Authorize the renewal of 10-year Cross-Connection Inspection Serviced Contract Between the City and County of San Luis Obispo Item 6f
Department: Utilities
Cost Center: 601-6004
For Agenda of: 8/19/2025
Placement: Consent
Estimated Time: NA
FROM: Aaron Floyd, Utilities Director
Prepared By: Kellie Fortner, Recycled Water Specialist / Nick Teague, Water
Resources Program Manager
SUBJECT: AUTHORIZE THE RENEWAL OF 10-YEAR CROSS-CONNECTION
INSPECTION SERVICES CONTRACT BETWEEN THE CITY AND COUNTY OF SAN
LUIS OBISPO
RECOMMENDATION
Authorize the renewal of the 10-year Cross-Connection Services agreement between the
County of San Luis Obispo and the City of San Luis Obispo.
POLICY CONTEXT
In 1973, the U.S. Environmental Protection Agency published the first comprehensive
Cross-Connection Control Manual to provide public water systems with guidance for
safeguarding drinking water from contamination caused by cross-connections and
backflow events.
In 1984, California adopted regulatory standards for backflow prevention and cross -
connection control through Title 17 of the California Code of Regulations. These
regulations require public water systems to protect potable water supplies from
contamination, identify and mitigate cross-connection hazards, and implement and
maintain a cross-connection control program.
In 2024, the California State Water Resources Control Board adopted the Cross-
Connection Control Policy Handbook that expands Cross-Connection Control program
requirements to standardized compliance timelines, technical specifications, and the
formal development of a Cross-Connection Control Plan for each public water system.
The State Water Board adopted a revised version of the Handbook on June 17, 2025,
which extended some deadlines and changed some language to align with other pre -
existing regulations.
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Item 6f
DISCUSSION
Background
A cross-connection is any point in a plumbing or water system where the potable water
supply could potentially mix with contaminated water or other substances. Common
examples of potential cross-connections include garden hoses submerged in pools or
buckets, irrigation systems without proper safeguards, or commercial equipment
connected to both potable and non-potable water lines. If not properly managed, cross -
connections can lead to the introduction of harmful substances like fertilizers, bacteria, or
industrial chemicals into the public water supply.
Backflows, a specific type of cross-connection, are incidents when water flows in the
wrong direction, which can draw pollutants or contaminants back into the public water
supply. These can occur if pressure changes in the public water system due to events
such as a water main break or firefighting activity.
To reduce the likelihood of cross-connection and backflow incidents, backflow prevention
assemblies are required on service connections with the highest degree of risk, including
all non-residential service connections within the City. In accordance with the Cross-
Connection Control Policy Handbook1, backflow assemblies are required to be tested
upon installation and annually thereafter to ensure proper functionality.
The City of San Luis Obispo’s potable water system is a public water system regulated
under the California Safe Drinking Water Act and must comply with the Cross-Connection
Control Policy Handbook, previously governed by the California Code of Regulations,
Title 17, Chapter 5 – Cross-Connection Control and Backflow Prevention. These
regulations mandate that all public water systems establish and maintain an effective
Cross-Connection Control (CCC) Program to protect the potable water supply from
contamination caused by cross-connections and backflow incidents.
To meet these requirements, the City has a service agreement with the County of San
Luis Obispo that delegates the authority and responsibility for implementing and
managing the CCC Program on behalf of the City. The County’s responsibilities include
conducting on-site inspections to identify actual or potential cross-connections,
performing hazard assessments, managing the initial and annual testing of backflow
prevention assemblies, maintaining program records, and taking enforcement actions
when necessary.
1 Cross-Connection Control Policy Handbook:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/docs/2025/cross-
connection-control-policy-handbook.pdf
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Item 6f
The County provides cross-connection services for multiple local water suppliers and
offers a cost-effective regional approach to cross-connection control to meet these
regulatory requirements. The City currently has nearly 2,000 backflow assembly devices
that require annual testing and certification. The County maintains certified staff to
conduct inspections, manage backflow assembly testing compliance, and maintain
comprehensive testing records to ensure the protection of public health within the City of
San Luis Obispo.
The 2025-2035 contract reflects the regulatory changes from Title 17 to the Cross -
Connection Control Policy Handbook and the associated funding requirements.
Previous Council or Advisory Body Action
In 2011, Council adopted the first formal contract between the County of San Luis Obispo
and the City for cross-connection inspection services; however, the City has utilized the
County for Cross-Connection Control services since 1978.
In 2016, the contract was renewed for an additional 10 years, with an expiration date of
June 30, 2025.
Public Engagement
The Utilities Department has complied with requirements to complete a Cross Control
Connection Plan and submit the Plan to the State Division of Drinking Water by July 1,
2025. This Plan outlines how the City will communicate with and provide educational
material to the public regarding the dangers of cross-connections. This Plan will be
publicly available through the City’s website once reviewed and approved by the State
Division of Drinking Water.
CONCURRENCE
The County Environmental Health Division and the County of San Luis Obispo Board of
Supervisors concur with the contract, adopting Resolution No. 2025-145 on July 8, 2025.
The City Attorney’s office has reviewed the contract and approves as to form.
ENVIRONMENTAL REVIEW
The Contract for Cross-Connection Inspection Services is not a "project" under the
California Environmental Quality Act (CEQA), because the action is limited to an
administrative contract renewal and does not commit the City to any actions that would
have the potential to result in a direct or indirect physical change on the environment, as
defined by State CEQA Guidelines Section 15378. Furthermore, any enforcement actions
implemented by the County would be categorically exempt and would have a beneficial
effect on the environment by bringing existing infrastructure into compliance with water
and public health regulations, consistent with State CEQA Guidelines Section 15308
(Actions by Regulatory Agencies for Protection of the Environment).
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Item 6f
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-27
Funding Identified: Yes
Fiscal Analysis:
The City’s Water Fund has allocated $50,000 in each year of the 2025-27 Financial Plan
to cover contracted service delivery associated with the state-mandated cross-connection
control program. This funding supports the required inspection, backflow prevention
oversight, and enforcement activities proposed to be provided by the County. Renewal
of the agreement will allow the Utilities Department to continue utilizing these services
with no change to the Council-approved 2025-27 Financial Plan. Contract costs are based
on a published hourly-rate of $149 in FY 2025-26 for County staff per the County of San
Luis Obispo Environmental Health Services Division Fee Schedule published on July 1,
2025. Overall costs generally do not exceed $50,000/year for these contracted services.
Because the services identified in this contract are required to protect public health, City
staff do not recommend placing a cap on the amount of funding identified within t he
contract. City staff would be required to request additional funding from the City Council
or find existing funds within the budget if annual costs exceed $50,000.
Funding Sources
Total Budget Available
(FY 26 and 27)
Current Funding Request
(FY 26)
Water Fund $100,000* NA
Total $100,000 NA
*$50,000/year for both FY 2025-26 and FY 2026-27.
ALTERNATIVES
1. Council could decide not to authorize the renewal of the contract for the City’s
Cross-Connection Control Program. Not authorizing the execution of this contract
would require that the City conduct all backflow and cross-connection control-related
services. The City does not currently have sufficient staffing resources trained and
dedicated to this work. This would require that the Utilities Department hire an
additional staff member to support this work, provide equipment, and an additional
vehicle, which would exceed the costs that are expected to be incurred by the City
through this contract. This would also leave a gap in regulatory compliance while the
recruitment was conducted and as new staff came up to speed on program
requirements.
2. Council could direct staff to proceed with the contract for a shorter period until
City staff were able to be recruited and trained to perform the work listed above
in-house. This would require that the Utilities Department hire an additional staff
member to support this work, provide equipment, and an additional vehicle, which
would exceed the costs that are expected to be incurre d by the City through this
contract.
ATTACHMENTS
A - County of San Luis Obispo Cross-Connection Control Contract
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Page 1 of 12
AGREEMENT FOR CROSS-CONNECTION INSPECTION
SERVICES
This Agreement for Cross-Connection Inspection Services ("Agreement") is
made and entered into by and between the County of San Luis Obispo, a public entity in
the State of California, ("County") and City of San Luis Obispo, a California
incorporated city("Contractor"), (collectively, "Parties").
WITNESSETH:
WHEREAS, Contractor, within its jurisdictional boundaries or area of
responsibility, is in need of special services; to wit, cross-connection inspection
services; and
WHEREAS, County has qualified staff who are trained, experienced, expert and
competent to provide cross-connection inspection services for the appropriate fees and
pursuant to the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants, conditions, agreements
and stipulations set forth herein, the Parties hereby mutually agree as follows:
1. Services. The Parties agree to perform the services described in Exhibit A,
attached hereto and incorporated herein by this reference.
2. Compensation. The Parties agree to the compensation described in Exhibit B,
attached hereto and incorporated herein by this reference.
3. Duration. The Parties agree to the duration described in Exhibit C, attached
hereto and incorporated herein by this reference.
4. General Conditions. The Parties agree to the general conditions described in
Exhibit D, attached hereto and incorporated herein by this reference.
5. Special Conditions. The Parties agree to the special conditions described in
Exhibit E (if any), attached hereto and incorporated herein by this reference. To
the extent that there are conflicts between the general conditions in Exhibit D and
the special conditions in Exhibit E, the terms and conditions of the special
conditions in Exhibit E shall be controlling.
6. Notices. Notices required under this Agreement shall be provided to:
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COUNTY OF SAN LUIS OBISPO
Matthew A. Giuffrida
Cross-Connection Control Specialist
2156 Sierra Way, San Luis Obispo, CA 93406
City of San Luis Obispo
Aaron Floyd, Utilities Director
879 Morro St.
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set for
the below.
CONTRACTOR
By:____________________________________ ___________________________
Whitney McDonald, City Manager Date
COUNTY OF SAN LUIS OBISPO:
By:____________________________________ ___________________________
Nicholas Drews, Health Agency Director Date
APPROVED AS TO FORM AND LEGAL EFFECT:
Jon Ansolabehere
County Counsel
By:____________________________________ __________________________
Deputy County Counsel Date
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Page 3 of 12
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBIT A
SCOPE OF SERVICES
1. Contractor Obligations. The Contractor shall perform the following duties:
A. Contractor will prepare, adopt, and furnish all appropriate ordinances,
resolutions or policies.
2. County Obligations. The County, acting through the Public Health Department,
Environmental Health Division, shall perform the following duties within the
Contractor's areas of responsibility:
A. County will conduct a survey by performing a thorough inspection of all water
uses for cross-connections. County will prioritize surveys of special hazard
facilities. If corrections are necessary or if other need arises, County will conduct
additional surveys as needed to confirm compliance, follow-up on corrections or
identify newly created cross-connections.
B. County will prepare and maintain written survey reports, water user notices,
correction notices and follow-up reports.
1) Water User Notices.
a. County will provide a written survey report to a water user listing
cross- connections found on the user's premises. County will notify the
water user of corrective action required, if any, and the required
compliance date.
b. County will follow up with the water user to confirm that corrective
action was performed in a timely manner and compliance has been
achieved or if non-compliance continues. County will inform the water
user of further corrective action and required compliance dates as
needed. County will re-inspect as needed until compliance is
accomplished.
2) Contractor Notices. County will provide a copy of the survey report and
letter to the water user to the Contractor. County will provide a copy of the
follow-up letters(s) to the user confirming compliance or notifying the water
user of further corrective action and compliance dates.
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C. County will perform the following enforcement measures.
1) To the extent the County would normally prosecute San Luis Obispo
County Code violations, County may prosecute violations of any
applicable County ordinances related to cross-connections.
2) County will also cite any State laws, non-County ordinances, Contractor
resolutions or policies in a correction letter to a water user.
3) Contractor may pursue enforcement as appropriate. In the event of
litigation in any tribunal with the power to issue subpoenas, and provided a
subpoena is issued for a County employee with the appropriate fees
tendered as per Government Code, section 68096.1, County employees, if
still in County service, shall appear and testify as a witness regarding cross-
connections. County employees may be interviewed or deposed to prepare
for litigation.
D. Backflow Prevention Devices.
1) County will determine the necessity of backflow prevention devices at the
water service connection for the protection of the water main where internal
protection does not solve the total cross-connection problem.
2) County will maintain a list of known backflow devices and the known location
of the devices in service in the Contractor's service area. Such list shall be
retained by County in accordance with Exhibit E.
3) County will provide a diagram for the proper installation of approved
backflow prevention devices. If a manufacturer's installation instructions,
diagrams or both are available, providing the manufacturer's material shall
satisfy this obligation.
E. County will perform plan checks of water usage when requested by the water
purveyor/district when necessary to supplement Building Department plan
reviews.
F. Testing. Testing of backflow devices is required as per the Cross-Connection
Control Policy Handbook issued by the State Water Resources Control Board ,
as hereafter amended. At present, testing is required annually.
1) County will notify the water user when testing is due and how to report results.
2) County will supply a list of qualified backflow prevention device testers.
3) County will follow up on delinquent reporting of test results.
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4) County will update records when testing reports are received.
5) County will evaluate testing results for inadequacies.
G. Technical Consultations. County will provide technical consultation in
conjunction with Contractor. At present, the County normally coordinates cross-
connection control program elements with other water purveyors, districts, and
users. To the extent this service continues in the future, County will continue to
coordinate cross-connections with other jurisdictions or responsible purveyors or
water users and will share information that is not restricted due to confidentiality.
Contractor will also provide reciprocal technical consultants and non-
confidential information to County.
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Page 6 of 12
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBIT B
COMPENSATION
1. Time and Costs. This is a time and costs Agreement. The cross-connection
inspection services shall be charged hourly. Additional costs shall include, but not
be limited to, reasonable "out-of-pocket" expenses necessarily incurred by County
in performing its obligations under this Agreement.
A. Hourly Rate-. The hourly rate shall include compensation for the County's
inspector staff, departmental overhead, and clerical support and office supplies.
The hourly rate for FY 2025-26 is $149 per hour. The San Luis Obispo County
fee schedule is located at the following link:
https://www.slocounty.ca.gov/departments/health-agency/public-
health/environmental-health-services/forms-documents/fees
1) The San Luis Obispo County Board of Supervisors establishes, amends
and modifies the hourly rates at least annually and at other times as
necessary. The rate establishment and amendments are "events of
independent significance" and are subject to public review and are part
of the public record. These rates are specific, identifiable and
enforceable.
2) There is a public notice of the Board's proposed action and action to
amend the rates through the process of the Board's regularly scheduled
meetings. Therefore, the rates will change by the public, unilateral
action of the Board of Supervisors without further agreement or action
by Contractor.
3) The duly adopted current rates and subsequent amendments to the rates
shall be binding in this Agreement without additional written
amendments to this Agreement. Upon the effective date of the rate
change, all services provided on or after that date shall be charged at the
new rates.
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Page 7 of 12
B. Administrative Costs. Administrative costs shall be itemized. Administrative costs
are charges to water purveyors based on the quantity of their service connections,
which compensates the County of San Luis Obispo for time that benefits the Cross
Connection Program but cannot be attributed to an individual water purveyor.
Activities in this category include, but are not limited to, review and approval of
certified testers, disciplinary actions against testers (as required), communication
with State offices regarding relevant regulations, review and quality control of
data in the online portal, communication with testers regarding regulations and
policies, and coordination with other EHS teams to improve the Cross-
Connection Control Program, such as GIS and website administrators.
2. Billing. County shall submit an itemized statement to Contractor on or before the
15th day of every other month for all services rendered during the previous two
calendar months. Contractor shall remit to the County of San Luis Obispo all
uncontested amounts listed on the itemized statement not later than thirty (30)
days after it is received by the Contractor.
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Page 8 of 12
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBIT C
DURATION
1. Effective Date. The effective date of this Agreement shall be July 1, 2025.
2. Service Date. Services shall commence on or after the Effective Date and shall end upon
the Duration Date.
3. Duration Date. This Agreement shall terminate on June 30, 2035. This Agreement
may be terminated prior to the Duration Date in accordance with the termination
provisions in Exhibit D of this Agreement.
4. Termination. The San Luis Obispo County Board of Supervisors specifically delegates to
the Director of the San Luis Obispo County Health Agency the authority to terminate this
Agreement in accordance with the provisions in Exhibit D without further need for action,
approval or ratification by the Board of Supervisors.
The City of San Luis Obispo specifically delegates to the City Manager the authority to
terminate this Agreement in accordance with the provisions in Exhibit D without further
need for action, approval or ratification by the City Council.
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AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBIT D
GENERAL CONDITIONS
1. Termination for Convenience. Either Party may terminate this Agreement at any time
by giving the other Party thirty (30) days written notice of termination. Termination for
convenience shall have no effect upon the rights and obligations of the Parties arising
out of any services provided prior to the effective date of such termination. County
shall be paid for all work satisfactorily completed prior to the effective date of
termination.
2. Termination for Cause. If any of the following occur, either Party shall have the right
to terminate this Agreement effective immediately upon giving written notice to the
other Party. Rights or obligations of either Party for services satisfactorily performed
prior to the termination shall not be affected.
A. Either Party fails to perform its duties in a timely and professional manner.
B. Funds intended for use for compensation in this Agreement become unavailable for
use for the purposes of this Agreement.
3. Status of the Parties' Officers/ Employees/ Agents. Neither Party's officers, employees,
agents, partners, other contractors or subcontractors shall be deemed to be employees of
the other Party at any time. Nothing in this Agreement shall be construed as creating a
civil service employer-employee relationship or a joint venture relationship. No
officer, employee, agent, partner, other contractor or subcontractor of the other Party
shall be eligible for membership in or any benefits from any County group plan for
hospital, surgical, or medical insurance, or for membership in any County group plan
for hospital, surgical, or medical insurance, or for membership in any County
retirement program, paid vacation, paid sick leave, other leave, with or without pay,
collective bargaining rights, grievance procedures, appeals to the Civil Service
Commission or any other benefits which inures to or accrues to a County civil service
employee. County employees shall not have those rights in Contractor's benefits and
programs. The only performance and rights due to the other Party are those specifically
stated in this Agreement.
4. Warranty of Professional Service. Each Party warrants that professional staff is
necessary to perform this Agreement and that staff members will at all times be properly
trained, certified and licensed under the laws and regulations of the State of California
to provide the special services herein described. If for any reason staff members are
required to provide professional services and all reasonably available staff are not
qualified, this Agreement is automatically canceled effective the same date.
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5. Mutual Indemnification. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), County shall indemnify, defend, and hold
harmless the Contractor, and its elected officials, officers, employees, volunteers, and agents
(“Contractor Indemnitees”), from and against any and all causes of action, claims, liabilities,
obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of
litigation (“claims”), arising out of the County’s performance or County’s failure to perform
its obligations under this Agreement or out of the operations conducted by County. In the
event the Contractor Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from County’s performance of this Agreement, the County shall provide a
defense to the Contractor Indemnitees or at the Contractor’s option, reimburse the Contractor
Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such
claims.
To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the County,
and its elected officials, officers, employees, volunteers, and agents (“County Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising
out of the Contractor’s performance or Contractor’s failure to perform its obligations under
this Agreement or out of the operations conducted by Contractor. In the event the County
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from Contractor’s performance of this Agreement, the Contractor shall provide a defense to
the County Indemnitees or at the County’s option, reimburse the County Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims.
6. Authority. Any individual executing this Agreement on behalf of Contractor represents
and warrants that he or she is duly authorized to execute and deliver this Agreement on
behalf of the Contractor, and that this Agreement is binding upon Contractor in
accordance with its terms.
7. No Assignment of Agreement. Neither Party may delegate its rights or obligations
under this Agreement and shall not assign or otherwise transfer its rights or obligations
or any interest herein without the express prior written consent of the other Party. Any
attempted assignment, transfer, delegation, hypothecation or subletting without the
other Party's prior written consent shall be null and void.
8. Applicable Law and Venue. This Agreement has been executed and delivered in the
State of California and covers services to be performed in California. The Parties agree
that issues of validity, interpretation and enforcement shall be governed and determined
by the laws of the State of California. All of the Parties' rights and obligations created
hereunder shall be performed in the County of San Luis Obispo, State of California and
such County shall be the venue for any action or proceeding arising out of this
Agreement.
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9. Severability. The invalidity of any provision of this Agreement shall not affect the
validity or enforcement of any other provision of this Agreement.
10. Entire Agreement and Modifications. This Agreement supersedes all previous
Agreements on the same subject and constitutes the entire understanding of the
Parties hereto. No changes, amendments or alterations shall be effective or binding
unless in writing and signed in advance of the effective date by both Parties.
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AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBIT E
SPECIAL CONDITIONS
The records required by this Agreement shall be retained for a minimum period of:
A. Three (3) years in accordance with Cross-Connection Control Policy Handbook
issued by the State Water Resources Control Board, and as hereafter amended.
B. All surveys noticed and all correspondence with a water user, County or Contractor
shall be maintained for a minimum of five (5) years after compliance has been
certified by the County or the longest statutory period cited above, whichever is
longer. After five (5) years, the records may continue to be maintained in hardcopy,
microfiche or electronic form, if needed, at the sole option of the County.
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