CC 2015-10-27_08g Agreement_Cross Connection Inspection' I· 1
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, DIRECTOR OF PUBLIC WORKSfl
/f
BY: SHANE TAYLOR, UTILITIES MANAGER
SUBJECT: CONSIDERATION OF PROPOSED AGREEMENT FOR CROSS-
CONNECTION INSPECTION SERVICES
DATE: OCTOBER 27, 2015
RECOMMENDATION:
It is recommended the City Council approve the agreement for cross-connection
inspection services with the County of San Luis Obispo.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The funds are budgeted annually to support this agreement in an amount not to exceed
$10,000 for FY 2015/16 and again in FY 2016/17 from the Water Fund. Staff spends
approximately 50 person hours a year administering the agreement and all associated
obligations.
BACKGROUND:
A component of the City's Water Supply Permit from the State is to maintain an on-
going cross""connection program. Cross-connections are existing connections between
drinking water systems and other sources of water that are not approved as safe and
potable for human consumption. There are currently 600 backflow devices in the City to
protect our water distribution system from a possible cross-connection. This agreement
for cross-connection services provides the City all the required services to maintain our
cross-connection program per Chapter 13.16 of the City's Municipal Code.
ANALYSIS OF ISSUES:
In order to be in compliance with our Water Supply Permit, Title 17 Code of Regulations
and Chapter 13.16 of the City's Municipal Code, an on-going cross-connection program
needs to be in place. Since 1971, the City has had a cross-connection ordinance.
Currently the County of San Luis Obispo Division of Environmental Services provides
the City with qualified staff who are trained, experienced and certified to perform all
aspects of the cross-connection inspection program. In fact, every incorporated city and
community services district in San Luis Obispo County contracts with County
Environmental Services to perform cross-connection inspection services. Contracting
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF PROPOSED AGREEMENT FOR CROSS-CONNECTION
INSPECTION SERVICES
OCTOBER 27, 2015
PAGE2
with the County is the most cost effective and efficient method of administering our
cross-connection program.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
Approve the Cross-Connection Agreement;
Do not approve the Cross-Connection Agreement; or
Provide direction to staff.
ADVANTAGES:
Approval of the agreement will authorize the County to continue providing this valuable
service up to year 2025, and keep the City in compliance.
DISADVANTAGES:
No disadvantages are forseen.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 22, 2015. The
Agenda and staff report were posted on the City's website on Friday, October 23, 2015.
Attachments:
1. Agreement for Cross-Connection Inspection Services
Item 8.g. - Page 2
AGREEIVIENT 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 the City of Arroyo Grande, a California incorporated city
("Contractor") (collectively, ''Parties"). ·
WITNESS ETH:
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 conditiQns hereinafter set forth.
NOW THEREFORE, in consideration of the covenants, conditions, agreements and
stipulations set forth herein, the Parties hereby mutually agree ~ follows: ·
1. Services. The Parties agree to perform the services desc1~d ii). Exhibit A,· a~hed
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:
Page 1 of3
Agreement for Cross-Connection Inspection Services
ATTACHMENT 1
Item 8.g. - Page 3
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 ARROYO GRANDE
Dianne Thompson
City Manager
300 E. Branch Street
Arroyo Grande, CA 93420
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set
forth below.
CITY OF ARROYO GRANDE:
Jim Hill, Mayor
ATTEST:
Kelly Wetmore, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
Heather K. Whitham, City Attorney
COUNTY OF SAN LUIS OBISPO:
Jeff Hamm, Health Agency Director Date
Page 2 of3
Agreement for Cross-Connection Inspection Services
Item 8.g. - Page 4
APPROVED AS TO FORM AND LEGAL EFFECT:
RitaL.Neal
County Counsel
Page3 of3
Date 7
Agreement for Cross-Connection Inspection Services
Item 8.g. - Page 5
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.
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. County will <tonduct 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 Oser 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
wa8 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.
Page 1 of3
Contract for Cross-Connection Inspection Services
Exhibit A
Item 8.g. - Page 6
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.
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 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 tri]?unal with the power to issue subpoenas, and provided a subpoena is
issued for a County employee with the appropriate fees tendered as per
Goveriiment 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 back:flow 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 back:flow devices ~d 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 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 w~ter usage when requested by the water
purveyor/district when necessary to supplement Building Department plan reviews.
F. Testing. Testing ofback:flow devices is required as per California Code of
Regulation, Title 17, as hereafter amended. At present, testmg is required annually.
1) County will notify the water user when testing is due.
2) County will supply a list of qualified back:flow prevention device testers.
3) County will follow-up on delinquent reporting of test results.
Page2of3
Contract for Cross-Connection Inspection Services
Exhibit A
Item 8.g. - Page 7
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 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 coo:rdinate 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.
Page3 of3
Contract for Cross-Connection Inspection Services
Exhibit A
Item 8.g. - Page 8
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBITB
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,
"out-of-pocket" costs.
A. Hourly Rate. The hourly rate shall include comp~ation for the County's inspector
staff, departmental overhead, and clerical support and office supplies. The hourly
rate as of July 1, 2015 is $102.00 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 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 regular~y 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 writteil' amendments to this
Agreement. Upon the effective date of the rate change, all services provided
on or after that date shall oe charged at the new rates.
·B. Costs. Additional costs shall be itemized. Additional costs shall include, but not be
limited to, out-of-pocket ~xpenses.
C. Admini~trative Costs. Administrative costs are charges to water purveyors based on
the number of their service connections, which compensates the County of San Luis
Obispo for titn~ that benefits the Cross Connection Program but cannot be attributed
to an individual water purveyor.
2. Billllig. County shall submit an itemfzed statement to Contractor on or before the 15th
day of every other month for all services rendered during the previous two calendar
months. Conti:actor 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 ..
Page l·ofl
Agreement for Cross-Connection Inspection Services
ExhibitB
Item 8.g. - Page 9
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBITC
DURATION
1. Effective Date. The effective date of this Agreement shall be July 1, 2015.
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, 2025. 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.
Page 1of1
Agreement for Cross-Connection Inspection Services
ExhibitC
Item 8.g. - Page 10
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXHIBITD
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 tennination. County shall be paid
for all work satisfactorily completed prior to the effective date of tennination.
2. Termination for Cause. If any of the following occur, either Party shall have the right to
tenninate 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 ilse for compensation in this Agreement become unavailable for use
for the purposes. of this Agreement.
3. Status of the Parties' Officers I Employees I 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 gr~up 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 th8.t 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.
Page 1 of2
Agreement for Cross-Connection Inspection Services
ExhibitD
Item 8.g. - Page 11
5. Authority. Any individual executing this Agreement on behalf of Contractor represents and
warrants that he or she is duly apthorized to execute and deliver this Agreement on behalf of
the Contra~tor, and that this Agreement is binding upon Con!t'actor in accordance with its
terms.
6. 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 co~ent shall be null and void.
7. Am>licable 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.
8. Severability. The invalidity of any provision of this Agreement shall not affect the validity
or enforcement of any other provision of this Agreement.
9. Entire Agreemenfand 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 ?f the effective date by both Parties.
Page2 of2
Agreement for Cross-Connection Inspection Services
ExhibitD
Item 8.g. - Page 12
...... '
AGREEMENT FOR CROSS-CONNECTION INSPECTION SERVICES
EXIDBITE
SPECIAL CONDffiONS
The records required by this Agreement shall be retained for a minimum period of:
A. Three (3) years in accordance with California Code of Regulations, Title 17, Section
7605(t), 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 th~ s?le option of the County.
Page 1 oft
Agreement for Cross-Connection I;nspection Services
ExhibitE
Item 8.g. - Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.g. - Page 14