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HomeMy WebLinkAbout01/04/2011, C2 - CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES Co u n c k O Maung Da 1 j, acEnba REpoRt CITY OF SAN LUIS OBISPO FROM: Came Mattingly, Utilities Director Prepared By: Gary W. Henderson, Water Division Manager SUBJECT: CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES RECOMMENDATION Authorize the Mayor to execute the contract for Cross-Connection Inspection Services with the County of San Luis Obispo. DISCUSSION In 1986, the federal government amended the Safe Drinking Water Act. One of the amendments involved protecting the water quality within the potable water system of a water purveyor from potential contamination sources on private properties. The potential contamination sources include alternate water sources being used on a property, such as a private well, which could "backflow" into the water system. Other potential sources include stagnate water in fire sprinkler systems, commercial irrigation systems, or businesses that use chemicals in their operations that could be a high risk from a public health standpoint. Based on these requirements, agencies providing potable water service were mandated to have a "cross-connection" program to ensure protection of the water supply from potential contamination. A cross-connection occurs when a different water source or a degraded water source is connected to the potable water supply on private property which could then allow contaminated water to flow back into the City's water distribution system potentially affecting other water customers. To protect against this situation, the regulations require the installation of a backflow protection device which prevents water from flowing back into the City's potable water system. The County of San Luis Obispo has been providing the cross-connection program for the City of San Luis Obispo likely since the initiation of the program but at least since the early 1990s. All of the cities in the county, as well as most of the other water agencies, contract with the County to oversee their cross-connection programs. This "regional" program provides a cost effective approach for meeting the requirements of the regulations. The County has certified staff that provides the inspection and testing of the backflow devices following initial installation. The County also maintains all records and insures that the devices are tested annually and are replaced if the testing reveals deficiencies. Within the City of San Luis Obispo there are currently 1,361 backflow devices that require annual testing, certification, and oversight. The County of San. Luis Obispo has requested that all agencies interested in continuing the services for cross-connection oversight execute the contract which is included as Attachment 1 to this staff report. The contract provides the terms for program oversight and associated compensation for providing these services. The contract term commences on the date of C2-1 Contract for Cross-Connection Inspection Services Page 2 execution by the County of the agreement and expires on June 30, 2015, The City Attorney's office has approved the terms as shown in the contract. FISCAL IMPACT The current budget for the cross-connection inspection services is $24,000. The cost for these services is already included in the Utilities Department Water Distribution Budget. ALTERNATIVE City staff provides cross-connection inspection services: Should the Council select this alternative, it would need to authorize the hiring of a part-time person to perform this work as the City does not currently have existing staffing capacity to take on this new responsibility. Additionally, the City would need to establish and maintain a computer database for documenting and tracking initial and annual testing, as well as provide inspection notifications. The cost to perform this work in-house would be expected to exceed $40,000 per year (approximately $30,000 for staffing, $10,000 for equipment, supplies, training, and miscellaneous). This alternative is not recommended because staff is satisfied with the services provided by the County. The City benefits from the economies of scale afforded by the County overseeing this program for multiple agencies therefore this alternative is not recommended. ATTACHMENT Contract between the County of San Luis Obispo and the City of San Luis Obispo for Cross- Connection Inspection Services . C2-2 CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES THIS CONTRACT is made and entered into by and between the County of San Luis Obispo, a public entity in the State of California, ("County") and the City of San Luis Obispo, a municipal corporation and charter city, ("Contractor"). WITNESSETH: WHERAS, 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-inspection services for the appropriate fees and the terms and conditions herein after set forth. NOW THEREFORE, in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the parties hereby agree that County shall perform the services described herein for the compensation set forth herein, subject to the terms and conditions set forth herein. 1. Services. The parties agree to perform the services described in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full at this point. 2. Compensation. The parties agree to the compensation described in Exhibit B. attached hereto and incorporated herein by reference as if set forth in full at this point. 3. Duration. The parties agree to the duration described in Exhibit C, attached hereto and incorporated herein by reference as if set forth in full at this point. 4. General Conditions. The parties agree to the general conditions described in Exhibit D, attached hereto and incorporated herein by reference as if set forth in full at this point. 5. Special Conditions. The parties agree to the special conditions described in Exhibit E (if any), attached hereto and incorporated herein by reference as if set forth in full at this point. To the extent 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. Page 1 of 3 C2-3 6. Notices. Notices required in this contract shall be provided to: COUNTY OF SAN LUIS OBISPO Richard J. Lichtenfels, R.E.H.S., M.P.H. Supervising Environmental Health Specialist 2156 Sierra Way San Luis Obispo, CA 93406 CITY OF SAN LUIS OBISPO Noah Evans,Distribution Supervisor 25 Prado Road SanLuis Obispo, CA 93401 IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth below. CITY ATTORNEY Approved as to form. CHRISTINE DIETRICK CITY ATTORNEY By: Andrea S. Visveshwara, Date Assistant City Attorney CITY OF SAN LUIS OBISPO A Municipal Corporation and Charter City Mayor of San Luis Obispo Date Attest. By: Elaina Cano San Luis Obispo City Clerk Page 2 of 3 C2-4 COUNTY COUNSEL Approved as to form and legal effect: WARREN R. JENSEN County Counsel By: Deputy County Counsel Date COUNTY OF SAN LUIS OBISPO A public entity in the State of California By: Chairperson of the Board of Supervisors Date Attest. By: JULIE RODEWALD County Clerk and Ex-Officio Clerk of the Board of Supervisors Page 3 of 3 1978nwagr.doc C2-5 1\rt C YAG%A M�'`N CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES EXHIBIT A SCOPE OF SERVICES 1. Contractor Obligation. The contractor shall perform the following duties: A. Contractor will prepare, adopt, and furnish all appropriate ordinances, resolutions, or policies. B. Contractor may include in any will-serve letters to water users a contractual obligation to comply with ordinances, resolutions, and policies pertaining to cross- connections. Notice shall be given in a will-serve letter that violations of the cross-connection ordinances, resolutions, or policies may result in a later termination of water service to the extent allowed by law. C. Contractor may pursue appropriate enforcement, including,but not limited to contract remedies. 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. Surveys. 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 any newly created cross-connections. B. Surveyports and Follow-U�. 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. Exhibit A-Page 1 of 3 C2-6 (2) Contractor Notices. County will provide a copy of the survey report and letter to the water user and 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. C. County Enforcement. 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 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 fora 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. (3) County will provide a diagram for the proper installation of approved backflow prevention devices. If manufacturer's installation instructions, diagrams, or both are available, providing the manufacturer's material shall satisfy this obligation. E. Plan Checks. 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 California Code of Regulation, Title 17, as hereafter amended. At present, testing is required annually. (1) County will notify the water user when testing is due. (2) County will supply a list of qualified backflow prevention device testers. Exhibit A -Page 2 of 3 C2-7 (3) County will follow-up delinquent reporting of test results. (4) County will up-date records when testing reports are received. (5) County will evaluate testing results for inadequacies. G. Technical Consultations. County will provide technical consultation 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 with County. Exhibit A - Page 3 of 3 1978nwagr.doc p C2-H CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES EXHIBIT B COMPENSATION 1. Time and Costs. This is a time and costs contract. The cross-connection inspection services shall be charged hourly. Additional costs shall include,but not be limited to, "out-of-pocket"costs. A. Hourly Rate. The hourly rate shall include compensation for the County's inspector staff, departmental overhead, clerical support,and office supplies. The hourly rate as of February 01, 2010 is $80.00 per hour. (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 part of the public record. These rates are specific, identifiable, and enforceable. (2) There is 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 contract without additional written amendments to this contract. Upon the effective date of the rate change, all services provided on or after that date shall be charged at the new rates. B Costs. Additional,costs shall be itemized. Additional costs shall include, but not be limited to, out-of-pocket expenses. C Administrative Costs. Charges to water purveyors are based on the number of their service connections which compensates the County of San Luis Obispo for time used that benefits the Cross Connection Program but cannot be attributed to an individual water purveyor. 2. Billing. County shall submit an itemized statement to Contractor on or before the 15`h 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 no later than thirty(30) days after it is received by the Contractor. Exhibit B - Page 1 of 1 1978nwagr.doc C2-9 CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES EXHIBIT C DURATION 1 Effective Date. This contract shall be effective as of the date of the signature of the County. The County shall be the last to sign this contract. 2. Service Date. Services shall commence on or after the effective date and shall end upon the duration date. 3. Duration Date. This contract shall terminate on June 30, 2015. This contract may be terminated prior to the duration date in accordance with the termination provisions in Exhibit D. 4. Termination. The San Luis Obispo County Board of Supervisors specifically delegates to the Director of the San Luis Obispo County Public Health Department the authority to terminate this contract as per the provisions in Exhibit D without further need for action, approval, or ratification by the Board of Supervisors. The Director shall consult with County Counsel prior to termination. Exhibit C - Page 1 of 1 I978nwagr.doc C2-10 CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES EXHIBIT D GENERAL CONDITIONS 1. Termination for Convenience. Either party may terminate this contract 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 occurring 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 contract 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 as compensation in this contract become unavailable for use for the purposes of this contract. 3. Status of the Parties' Officers./Employeesgents. Neither party's officers, employees, agents, partners, other contractors, nor subcontractors shall be deemed to be employees of the other party at any time. Nothing is this contract 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 accrue to, a County civil service employee. County's employees shall not have those rights in Contractor's benefits and programs. The only performance and rights due the other party are those specifically stated in this contract. 4. Warranty of Professional Service. Each party warrants that to the extent trained, professional staff is necessary to perform this contract that the 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 contract is automatically canceled effective the same date. Exhibit D - Page 1 of 2 1978nwapdoc C2-1.1 5. Authority. Any individual executing this contract on behalf of Contractor represents and warrants that he or she is duly authorized to execute and deliver this contract on behalf of the Contractor, and that this contract is binding upon Contractor in accordance with its terms. 6. No Assignment of Contract. Neither party may delegate its rights or obligations under this contract 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. 7. Annlicable Law and Venue. This contract 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 that may be brought, or arise out of, this contract. 8. Severability. The invalidity of any provision of this contract shall not affect the validity or enforcement of any other provision of this contract. 9. Entire Agreement and Modifications. This contract supersedes all previous contracts 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. Exhibit D -Page 2 of 2 1978nwagr.doc C2-12 CONTRACT FOR CROSS-CONNECTION INSPECTION SERVICES EXHIBIT E . SPECIAL CONDITIONS 1. Records Retention. The records required by this contract shall be retained for a minimum period of A Three(3) years in accordance with California Code of Regulations,Title 17, section 7605(f), as hereafter amended. B. All surveys, notices, 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. Exhibit E- Page 1 of 1 1978nwagr.d6c C2-13