HomeMy WebLinkAboutCaltrans, Oceanside, San Marcos, Vista; 2009-06-23;COST-SHARE AGREEMENT
TOTAL MAXIMUM DAILY LOAD (TMDL) DEVELOPMENT
FOR INDICATOR BACTERIA AND SEDIMENTATION/SILTATION IN AGUA
HEDIONDA LAGOON
This Cost Share Agreement (AGREEMENT), entered into June 23, 2009, by the County
of San Diego (County), California Department of Transportation (Caltrans), and the
incorporated cities of Carlsbad, Oceanside, San Marcos, and Vista, (hereinafter
collectively called PARTIES and individually called PARTY), establishes the
responsibilities of each PARTY with respect to the development of Total Maximum Daily
Loads (TMDLs) for indicator bacteria and sedimentation/siltation for Agua Hedionda
Lagoon, in collaboration with the California Regional Water Quality Control Board, San
Diego Region (hereinafter called SDRWQCB) in accordance with the Clean Water Act
(CWA), Section 303(d).
RECITALS
1. WHEREAS, Section 303(d) of the CWA requires states to develop a list of water
bodies that do not, or are not expected to, meet water quality standards; and
2. WHEREAS, Agua Hedionda Lagoon has been listed by the State Water
Resources Control Board (SWRCB) as having water quality limited segments for
which TMDLs must be developed pursuant to Section 303(d) in order to attain
water quality standards; and
3. WHEREAS, A TMDL is defined as a calculation of the maximum amount of a
pollutant that a water body can receive and still safely meet water quality
standards; and
4. WHEREAS, the SWRCB, as designee of the United States Environmental
Protection Agency (USEPA), has delegated authority to the SDRWQCB for
development and administration of the TMDLs within the boundaries of its region
(Region 9); and
5. WHEREAS, the SDRWQCB adopted Investigation Order R9-2006-0076 (Order),
which ordered the PARTIES and other responsible entities within the Carlsbad
Hydrologic Unit to conduct monitoring and to furnish monitoring reports to be
used in developing TMDLs within coastal lagoons, including the Agua Hedionda
Lagoon; and
6. WHEREAS, the PARTIES and the other responsible entities in the Carlsbad
Hydrologic Unit have collected the required data and will submit the required
monitoring reports to the SDRWQCB prior to June 30, 2009; and
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7. WHEREAS, the SDRWQCB has indicated its intention to adopt TMDLs for
indicator bacteria and sedimentation/siltation in Agua Hedionda Lagoon by June
2010; and
8. WHEREAS, the SDRWQCB has indicated that there is $100,000 of available
funding from USEPA to conduct the computer modeling necessary to develop
TMDLs for the Agua Hedionda Lagoon; and
9. WHEREAS, the SDRWQCB has indicated that $100,000 will be sufficient to
develop only worst-case scenario TMDL models, which have the potential to
result in overly restrictive implementation requirements being imposed on the
PARTIES; and
10. WHEREAS, the PARTIES have been invited to collaborate with the SDRWQCB
to augment the TMDL modeling effort to develop more realistic implementation
scenarios, and to develop other elements of the Agua Hedionda Lagoon TMDLs;
and
11. WHEREAS, the PARTIES have agreed to work collaboratively with the
SDRWQCB to develop the Agua Hedionda Lagoon TMDLs, including analyzing
multiple modeling scenarios in the lagoon and the watershed; and
12. WHEREAS, the PARTIES have agreed that it will be necessary to contract with
specially qualified consultants for assistance in the TMDL development process;
and
13. WHEREAS, the PARTIES recognize that expenditures will be needed to assist
the SDRWQCB in development of the TMDLs and that costs will be shared
among the PARTIES; and
14. WHEREAS, the PARTIES recognize that the estimated cost of $350,000 to fund
the project is a projected cost and as the project progresses, additional funding
may be necessary to fully fund this project; and
15. WHEREAS, the City of Vista has agreed to lead the effort by hiring a qualified
consultant or multiple consultants to assist in the development of TMDLs and
providing project management and contract administration services for the
PARTIES;
NOW, THEREFORE, the PARTIES hereto mutually agree as follows:
I. PURPOSE: This AGREEMENT is entered into for the purpose of outlining the
responsibilities of the PARTIES, partially funding the development of indicator
bacteria and sedimentation/siltation TMDLs for Agua Hedionda Lagoon and
providing technical expertise from a qualified consultant or consultants for the
PARTIES.
II. TERM: The term of this AGREEMENT commences on its execution by each and
all of the duly authorized representatives of the PARTIES, and shall run until
adoption of the TMDLs by the SDRWQCB, and subsequent approvals by the
SWRCB and the Office of Administrative Law, or no later than June 30, 2010.
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Alternatively, the AGREEMENT will terminate or be amended upon determination
of the delisting status, if feasible.
III. PARTY RESPONSIBILITIES AND PARTICIPATION:
A. RESPONSIBILITIES OF THE CITY OF VISTA: The City of Vista shall be
responsible for overall project management, administration of consultant
contracts, and submittal of required work products on behalf of the
PARTIES in the development of the TMDLs.
B. RESPONSIBILITIES OF ALL PARTIES: Each PARTY agrees to
participate in the development of the TMDLs, and will assign one (1)
person to serve as the PARTY'S representative to participate in meetings
(at least 80% of all meetings), collaborate on developing strategies,
making decisions, and reviewing work products and submittals.
IV. FUNDING:
A. Based on the PARTIES' research of similar TMDL development efforts,
the cost to augment computer modeling and to collaborate with the
SDRWQCB in the development of the Agua Hedionda Lagoon TMDLs is
estimated to be $350,000. These costs are in addition to the $100,000 of
available funding provided by USEPA for computer modeling. The costs
will be shared among the PARTIES based on population (45%) and land
area (45%) contributing to Agua Hedionda Lagoon, with 10% of the total
distributed evenly. Attachment A contains the cost share formula
calculations. The costs will be shared among the PARTIES based on
Table 1. No PARTY will be responsible for additional costs above the
estimates in Table 1 unless there is a written amendment to this
agreement signed by each PARTY.
Table 1. Estimated Costs per Jurisdiction
PARTY
CARLSBAD
OCEANSIDE
S.D. COUNTY
SAN MARCOS
VISTA
CALTRANS
TOTALS
Estimated Cost
FY 09-10
$ 122,680
$ 34,973
$ 70,039
$ 26,943
$ 84,864
$ 10,500
$ 350,000
% of Total
35%
10%
20%
8%
24%
3%
100%
B. Each PARTY shall pay its share of expenses within 60 days of receipt of
an invoice from the City of Vista. Invoices shall be sent to each PARTY
on a monthly basis, beginning July 2009, and are based on actual costs
invoiced to the City of Vista by the consultants.
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V. CONSULTANTS
A. The PARTIES have determined that consultants will be necessary to
provide technical expertise in the development of the TMDLs for indicator
bacteria and sedimentation/siltation in the Agua Hedionda Lagoon. The
PARTIES must approve choice of consultant and contract amount prior to
contract execution.
B. The services obtained from consultants may include, but are not limited
to: meeting support, technical review and summaries, and technical
support in the development of delisting applications, development of
problem statements, numeric targets, source assessments, source
identification, linkage analysis, critical conditions, loading capacity, waste
load allocations, and implementation plans, and computer modeling. The
funds used to acquire services from the computer modeling consultant
will supplement the $100,000 of available funding provided by USEPA.
C. Change Orders to Agreements - Change orders or aggregates totaling
more than $10,000 shall be approved by the group according to Section
VI.
D. Insurance - All consultant contracts shall name each PARTY as
additionally insured on the consultant's insurance certificate.
VI. DECISION MAKING: Where feasible, decisions shall be made based on a
consensus of the PARTIES. In situations where consensus is not obtained, the
PARTIES may vote on an item, with each PARTY retaining equal representation
in the vote. In order for a decision to move forward, a consensus or majority vote
must be obtained. Where there is an equal distribution of votes in favor and
opposed, discussion shall continue until a majority vote is obtained.
VII. AMENDMENTS TO THE AGREEMENT: This AGREEMENT may be amended
only by consent of all the PARTIES. No amendment shall be effective unless it is
in writing and signed by the duly authorized representatives of all PARTIES.
VIII. CEILING: Costs under this AGREEMENT shall not exceed $350,000 for FY 09-
10. An amendment will be necessary to continue work under this AGREEMENT
to share costs in excess of amounts stated in Section IV.A.
IX. GOVERNING LAW: This AGREEMENT shall be governed and construed in
accordance with the laws of the State of California. If any provision or provisions
shall be held to be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby. In addition, each PARTY agrees to comply with all federal,
state, and local laws and ordinances applicable to the work to be performed
under the terms of this AGREEMENT.
X. CONSENT AND BREACH NOT WAIVER: No term or provision hereof shall be
deemed waived and no breach excused, unless such waiver or consent shall be
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in writing and signed by the PARTIES to have waived or consented. Any
consent by any PARTY to, or waiver of, a breach by the other, whether
expressed or implied, shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
XI. DISPUTES: The PARTIES agree to mediate any dispute prior to filing suit or
prosecuting suit against the other PARTIES. In the event suit is brought upon
this AGREEMENT to enforce its terms, each PARTY shall be responsible for its
own attorneys' fees and costs.
XII. APPLICATION OF PRIOR AGREEMENTS: This AGREEMENT constitutes the
entire AGREEMENT between the PARTIES with respect to the subject matter; all
prior agreements, representations, statements, negotiations, and undertakings
are superseded hereby.
XIII. TERMINATION: Any PARTY may terminate its participation in this
AGREEMENT by giving written notice to the other PARTIES no less than 30
days prior to the effective date of requested termination. Termination may also
be granted if the SDRWQCB and/or USEPA's funding for the TMDL development
is not secured as indicated. Termination of this agreement does not release any
PARTY from its financial responsibilities as outlined in Section IV of this
AGREEMENT for costs incurred by consultant up to the effective date of the
termination. Upon termination, the terminating PARTY shall pay its portion of the
cost share for outstanding items.
XIV. ENCUMBRANCE: By reason of constraints in California law and the California
Constitution, Caltrans encumbers $10,500 as its portion of the shared cost and
no further funding will be available to address the Caltrans obligations assumed
under the AGREEMENT unless this Section XIV is amended by Caltrans to
reflect a new enhanced funding limit. Caltrans funds are subject to legislative
appropriation and availability of funds.
(Signatures on following pages)
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Party
CARLSBAD
OCEANSIDE
S.D. COUNTY
SAN MARCOS
VISTA
CALTRANS (3%)
TOTALS
Attachment A. Cost Share Estimation Based on 45/45/10 Formula
Population*
45%
2005
Population
24,940
8,906
12,450
5,861
19,393
71,550
%of
Total
35%
12%
17%
8%
27%
100%
Population
Fee
S 53.252
$ 19,016
S 26,583
$ 12,515
$ 41,408
$152,775
Land Area**
45%
Land
Area
(Acres)
8,272
1,211
4,842
1,009
4.842
20,175
%of
Total
41%
e%
24%
5%
24%
100%
Land
Area
Fee
$ 62,638
$ 9,167
$ 36,666
$ 7,639
$ 36,666
$152,775
Equal
Division
10%
Equal
Division
Fee
S 6,790
$ GJ9Q
$ 6,790
$ 6,790
$ 6.790
$ 33,950
Total
$339,500
Share of
Total
S 122,680
$ 34,973
$ 70,039
$ 26,943
$ 84,864
$ 10,500
$ 350,000
%0f
Total
35%
10%
20%
8%
24%
3%
100%
*2005 SANDAG population data, prepared by the City of Encinitas
"land areas estimated from Agua Hedionda Watershed Management Plan, TetraTech, 2008
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the County of San Diego
Signature:,
Printed Name:
Title:
Date:
Approved as to form
County Counsel
Date:
Signature:,
Printed Name:.
Title:
Signature:
Printed Name:
Title: "^^-
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date: /^C^te<_ %#*f
STATE OF CALIFORNIA
Department of Tra nsportation
S'usanne Glasgow
Deputy District Director- Environmental Division
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the City of Carlsbad
Date: 6/17/09 Signature:
Printed Name:_
Title:
Claude A. Lewis
Mayor
Approved as to form
City Attorney
Date: 4 Signature:
Printed Name:
Title:CPv yn
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the City of San Marcos
Date: <7 Signature:.
Printed Name
Title:
Approved as to form
Gity Attorney
Signature:,
Printed Name:
Title:TTPg^gV
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the City of Oceanside
Date: "Signature^
Printed Name: PeTce.
Title:
Approved as to form
City Attorney
Signatu
Printed Name:
Title: ,455/5r,Wr
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IN WITNESS THEREOF, this AGREEMENT is executed as follows:
For the chartered City of Vista
Date: ZTun*, 2.3.Signature:,
Printed Name* Morris B. Vance
Title: May°r
Approved as to form
City Attorney
Pate: /fe 22^-Signature:,
PrirttecLwame:
Title:
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