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HomeMy WebLinkAboutEncina Wastewater Authority; 2005-05-01; F&HR.04-4222ORIGINAL MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND MAINTENANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT WATER RECYCLING FACILITY Ref: F&HR.044222 This Memorandum of Understanding is entered into as of May I, 2005 by and between the Carlsbad Municipal Water District, hereinafter referred to as “DISTRICT”, and, Encina Wastewater Authority, hereinafter referred to as “EWA”, with respect to the following facts: RECITALS Whereas, DISTRICT owns the Carlsbad Water Recycling Facility, the Granular Media Filter Pump Station (GMF), the Microfiltration Pump Station (MF) and certain appurtenances associated with the Combined Pump Station (CPS) at the Encina Water Pollution Control Facility (EWPCF); and, Whereas, Section 12.1.3 of the Revised Basic Agreement for Ownership, Operation and Maintenance of a Joint Sewerage System (RBA) states that EWA “shall have the authority to operate and maintain other facilities outside the Joint System as recommended unanimously by EWA’s Joint Advisory Committee and in accordance with Operator/Administrator executed operation agreements, which may include budgeting responsibilities;” and, Whereas, for the purposes of this Memorandum of Understanding, the Carlsbad Water Recycling Facility, GMF and MF as shown in Attachment 1 shall be collectively referred to as the “Facilities;” and, Whereas, the DISTRICT does not intend that EWA operate or maintain the Carlsbad Recycled Water Pump Station as shown in Attachment 2, and is distinguished from those CPS elements the DISTRICT does intend EWA to operate and maintain under this Memorandum of Understanding; and, Whereas, DISTRICT desires EWA to operate and maintain the Facilities and EWA is willing to provide such services, subject to written terms and conditions. NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants set forth herein, the DISTRICT and EWA set forth the following Memorandum of Understanding (MOU). ARTICLE I: SCOPE OF WORK Specific services to be provided by EWA hereunder are detailed in Attachment 3, Scope of Work for Transition Period for Operation and Maintenance for the District Water Recycling Facilities and Attachment 4, Scope of Work for Annual Operation and Maintenance for the DISTRICT Water Recycling Facilities. In the event of any conflict between the provisions of the attachments and this Memorandum of Understanding (MOU), the terms of the Memorandum will govern. In performing these services, EWA shall follow practices consistent with generally accepted technical standards and EWA represents that its staff are skilled in the expertise necessary to provide these services. -1 - 7 Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.2 ARTICLE II: BUDGETING A. DISTRICT shall compensate EWA for all reasonable expenses associated with the operation, maintenance and administration of the Facilities, in accordance with annual budgets to be developed and recommended by EWA and adopted by DISTRICT and the EWA Board of Directors. B. The Facilities' Transition Period Budget described in Attachment 5 shall take effect upon the effective date of this MOU and shall continue in effect until June 30,2005. C. EWA shall prepare Operation & Maintenance and Capital Improvement Program budgets for the Facilities in accordance with accounting principles generally accepted in the United States of America, the Revised Establishment Document for the Encina Wastewater Authority (RED) and the RBA. In accordance with the RBA and not later than May 1 of each year, EWA shall prepare, concurrently with the preparation of the EWPCF Operation & Maintenance Budget, an estimated budget of the amount of money required to operate and maintain the Facilities including, but not limited to: salaries and benefits costs, building and equipment maintenance costs, utilities, chemicals, permits and permit amendment costs, accounting and auditing, administration, legal services, overhead, insurance and other costs as required to operate, maintain and administer the Facilities in conformance with this MOU. 1. 2. Concurrently with the preparation of the EWPCF Capital Improvement Program Budget and not later than May 1 of each year, EWA shall prepare estimated Capital Acquisitions (Acquisitions) and Planned Asset Replacement (PAR) budgets. The Acquisitions and PAR budgets shall maintain the reliability and safety of the Facilities and ensure compliance with applicable regulatory requirements through the planned repair or replacement of structures, equipment and other property so long as no such acquisition or PAR materially alters the designed capacity or operating characteristics of the Facilities. EWA may suggest capital improvements that would materially alter the designed capacity or operating characteristics of the Facilities provided such improvements are estimated to require expenditures of $50,000 or less. EWA shall have no obligation to accept responsibility for budgeting or undertaking such improvements except as otherwise agreed upon by both parties in writing. 3. Except as otherwise agreed upon by both parties in writing, DISTRICT shall be responsible for the planning, design, bidding, construction management and supervision of all capital improvements to the Facilities. As necessary during the course of construction, however, EWA shall continue to coordinate the operation and maintenance of the Facilities. DISTRICT shall, before entering into any contract for such work, provide a reasonable opportunity to EWA to comment on plans for the proposed improvements in order to gauge operations and maintenance consequences. Any such contract shall require DISTRICT'S contractor to name EWA as additional insured as to any insurance required of the contractor by the awarding agency and as to which the awarding agency will be insured, provided that EWA need not be an insured under any required bid, performance or payment bond. -2- P Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility Following approval by the EWA Board of Directors, estimated budgets shall be forwarded to DISTRICT for approval. The estimated budgets shall be deemed effective upon the receipt by EWA of a certified copy of an approving resolution or minute order by DISTRICT. Until such time as formal approval has been received from DISTRICT, the estimated budgets shall constitute merely proposed budgets, subject to consideration or revision. In the event a proposed budget is not approved by the DISTRICT, EWA shall continue to operate and maintain the Facilities subject to expenditure limits specified in the budgets most recently approved by the DISTRICT. F&HR-04-4222.3 D. ARTICLE 111: FUNDING A. For the purposes of this MOU, responsibility for expenses incurred by EWA and related to the Facilities shall be allocated to and paid by DISTRICT. B. Quarterly, on October 1, January 1, April 1, and July 1, EWA shall bill the DISTRICT for actual operating and capital expenses incurred during the prior quarter. Upon receipt of each quarterly bill, the District shall promptly pay EWA the amount billed. At fiscal year end, an independent financial audit will reconcile the amount paid by the DISTRICT for services provided under the authority of this MOU to the actual amount owed by the DISTRICT for services provided under the authority of this MOU. The reconciling amount shall appear, and be credited or debited to the DISTRICT, on the next regular quarterly billing following the EWA Board of Directors adoption of the independent financial audit for the fiscal year being reconciled. C. EWA Policy Resolution 2004-13 entitled, “A Resolution of the Board of Directors of the Encina Wastewater Authority Amending the Encina Wastewater Authority‘s Financial Reserve Policy” requires that any members agency for whom EWA operates a remote facility deposits with EWA $50,000. EWA already operates a remote facility for DISTRICT, and a previous deposit was made, therefore, no additional deposit is required at this time. ARTICLE IV PERMllTlNG Except as otherwise agreed upon by both parties in writing, DISTRICT shall be responsible for all costs and activities related to the issuance, amendment or renewal authority of any regulatory permit required or which may become required by the State of California, including, but not limited to, the Regional Water Quality Control Board and/or by the government of the United States of America in the operation and/or maintenance of the Facilities or any other permit required at DISTRICT’S facilities. EWA is not responsible for obtaining, renewing, or amending any permit at the Facilities. EWA shall coordinate with DISTRICT during preparation of the EWAs annual Operation and Maintenance Budget, which includes specific line item budget amounts for permits that may be required at the Facilities. EWA shall also coordinate with regulatory agencies pursuant to the terms of this MOU. ARTICLE V: ACCOUNTING AND AUDITS Full books and accounts shall be maintained for the Facilities in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. Concurrently with the annual independent financial audit of the Encina Wastewater Authority, EWA’s Auditor shall contract with a certified public accountant to make an -3- 4 Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.4 annual independent audit of such accounts and records. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and the audit shall conform to accounting principles generally accepted in the United States of America, the RED and the RBA. A report of the audit shall be filed as a public record with each of the member agencies and with the San Diego County Auditor within 30 days of its completion. In accordance with the laws of the State of California and the RBA, such report shall be filed within 12 months of the end of the fiscal year under examination. DISTRICT reserves the right to audit all financial records and accounts. ARTICLE VI: INSURANCE A. Throughout the term of this MOU, DISTRICT shall pay for and EWA shall maintain in full force and effect insurance in connection with the Facilities and related to the services provided under the authority of this MOU. This insurance shall include no less than general liability coverage in the amount of $1,000,000 per Occurrence for bodily injury, personal injury and property damage, and workers' compensation coverage with limits as required by California Labor Code. EWA shall obtain such property insurance, and boiler and machinery insurance as DISTRICT deems necessary to safeguard the Facilities. If DISTRICT determines it unnecessary that EWA obtain such property insurance, and boiler and machinery insurance, DISTRICT shall provide applicable proof of coverage to EWA for the facilities. Any property insurance obtained by EWA for the Facilities shall name DISTRICT as a loss payee in accordance with DISTRICT'S ownership interest. DISTRICT shall reserve the right to approve insurance obtained by EWA. B. C. General liability coverage obtained by EWA shall name all EWA member agencies and the District as additional covered parties under the California Sanitation Risk Management Association (CSRMA) memorandum of coverage. EWA will provide District evidence of insurance coverage purchased and maintained throughout the term of the MOU and noticed as per Article XI. D. DISTRICT acknowledges that EWA participates in and generally obtains coverage through the CSRMA, and that CSRMA does not offer flood or earthquake coverage. The aforesaid insurance shall in no manner limit the indemnity provisions of Article VI1 hereof. E. This insurance coverage shall be primary insurance as respects to the DISTRICT, its officials, employees and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it; provided that DISTRICT shall be responsible for satisfaction of any deductible or self insured retention due under EWAs coverage. ARTICLE VII: LIABILITY A. Notwithstanding the provisions of Government Code Section 895.2, DISTRICT shall, to the fullest extent allowed by law, indemnify, defend and hold EWA, and the member agencies of EWA which have no ownership interest in the Facilities, their officers, directors, agents and employees, harmless from any and all claims, demands, liens, actions, liabilities, costs, and expenses, including attorneys' fees, based upon or arising out of or claimed to have arisen out of any act or omission by EWA related to this Memorandum, other than actual intentional or otherwise -4- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.5 willful misconduct of an EWA employee, officer or agent not covered by the insurance required in Article VI. The City of Vista, Buena Sanitation District, Leucadia Wastewater District, Vallecitos Water District, and the City of Encinitas have no ownership interest in the Facilities. B. DISTRICT also agrees to hold harmless and defend such agencies and EWA, their officers, agents, and employees with respect to claim or legal proceedings or judgment made, filed, or presented against the foregoing, by reason of DISTRICT'S or their officers', agents', or employees' negligence, intentional or otherwise willful misconduct regarding the operation and maintenance of the Facilities during the term of this MOU. ARTICLE VIII: PUBLIC INFORMATION A. Except as provided in paragraph C of this Article VIII, DISTRICT agrees that the release of public information, except records requested under the Public Records Act, in situations relating to the general operation of the Facilities, will be the sole responsibility of DISTRICT. EWA shall forward all media requests for information, except records requested under the Public Records Act, to the Executive Manager of the DISTRICT or his or her designee to respond to such inquiries. DISTRICT shall be notified of any request for public records associated with the Carlsbad Water Reclamation Facility. B. EWA and DISTRICT agree to participate in an emergency drill at least annually, scheduled by the EWA, in order to establish, test and refine emergency response plans related to Facilities. C. EWA shall periodically review and distribute specific protocols for the provision of public information during emergencies as described in Attachment 6. DISTRICT agrees to use reasonable efforts to ensure that a DISTRICT designated spokesperson is available to respond to all public inquiries on behalf of the owner of the Facilities in a timely manner should an emergency occur. EWA staff shall confer with DISTRICT designated spokespersons to implement the public information protocol. Where no spokesperson is immediately available from DISTRICT, and EWA determines that it is in the best interest of the public that factual information be released immediately in order to protect public health or safety, EWA's General Manager or hidher designee may release such information to the public as necessary. ARTICLE IX: DISCLAIMERS A. The EWA shall not be involved in setting or collecting any capacity or user fees for the Facilities. B. The EWA shall not be responsible for any errors, omissions or defects in the design or construction of the existing Facilities, but only for the exercise of ordinary care in the operation and maintenance of the Facilities. C. In the event of a sewerage overflow inside the Facilities fenceline, EWA shall make the initial contact with any regulatory agency, per any applicable permitting requirements, within the required notification time specified in any applicable permit or permits, and shall prepare, or cause -5- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.6 to be prepared, a written Sanitary Sewer Overflow Report in conformance with all applicable permit requirements, on behalf of DISTRICT. D. In the event of a regulatory permit violation resulting from operation or maintenance of the Facilities, EWA shall make the initial contact with the regulatory agency having jurisdiction over the Facilities as specified in the permit. EWA shall, within the required notification time, prepare or cause to be prepared, a written report on behalf of the DISTRICT. DISTRICT shall review and comment on the content of the written report prior to submittal by EWA. DISTRICT shall be responsible for developing and maintaining the Facilities' spill response plan(s), as required by any regulatory agency, and make current copies of such plans available to the EWA. EWA shall comply with such plans on behalf of DISTRICT in relation to the operation and maintenance of the Facilities. Except as set forth in this paragraph, EWA shall have no responsibility for maintaining or carrying out the spill response plans of DISTRICT. The EWA shall make a good faith effort to comply with all regulatory requirements applicable to the Facilities and imposed on DISTRICT. DISTRICT shall promptly advise the EWA if or when applicable requirements change. The EWA shall have no obligation to seek any amendment to such requirements. E. ARTICLE X: DURATION AND TERMINATION A. This MOU shall remain in effect until June 30, 201 5, and shall continue from year to year thereafter, unless either party hereto gives not less than 180 days prior written notice to the commencement of any fiscal year of its intent to terminate this MOU. B. EWA, will have the right to terminate the MOU if it determines that the Facilities to be operated are, or become inadequate, unsafe or defective and the District does not make satisfactory and timely arrangements to correct any such deficiencies, except where deficiency results in ordinary operation and maintenance of the Facility within the design capacities and capabilities. ARTICLE XI: WARRANTS AND REPRESENTATIONS A. DISTRICT warrants to EWA that to the best of DISTRICT'S knowledge that there is not at present upon the Facilities, or any portion thereof, or on any continuous or adjacent property owned by DISTRICT, any toxic or hazardous substances, materials or wastes, including, but not limited to asbestos, other than those which have been disclosed to EWA in writing or which are ordinary and customary supplies, stored in accordance with all legal requirements, for the routine and on-going operation and maintenance of the facilities and that there are no undisclosed covenants, easements, licenses, leases, or any other contracts, written or oral, between DISTRICT, their agents or assigns, and any other person regarding the operation or maintenance of the Facilities. B. DISTRICT warrants to EWA that the Facilities are fit, without limitation, for the purpose of producing recycled water in compliance with Title 22 of the California Code of Regulations. -6- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.7 ARTICLE XII: NOTICES A. The DISTRICT'S point of contact for issues related to the implementation of this MOU is the Deputy Director of Public Works for Operations and Maintenance. EWAs point of contact for issues related to the implementation of this MOU is the General Manager. 6. All invoices or billings subject to the terms of this MOU shall be shall be given in writing and addressed: To DISTRICT: Finance Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 C. A copy of all invoices or billings shall be submitted and addressed: To DISTRICT: Deputy Director of Public Works for Operations and Maintenance City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 D. All other notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed: To DISTRICT: Executive Manager Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 Deputy Director of Public Works for Operations and Maintenance City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 To EWA: General Manager Encina Wastewater Authority 6200 Avenida Encinas Carlsbad, CA 92009 ARTICLE XIII: DISPUTE RESOLUTION A. EWA and DISTRICT agree that the maintenance of a cooperative and mutually beneficial relationship between them is an important aspect of this MOU and therefore intend to -7- Memorandum of Understanding for Operation and Maintenance of Carisbad Municipal Water District Water Recycling Facility F&HR-04-4222.8 provide means for resolving any disputes, claims, or controversies that may arise during the course of this MOU in an efficient manner to avoid resorting to legal actions against one another, if feasible. B. Therefore, except for any claim or action filed by a nonparty to this MOU, any dispute, claim, or controversy arising with respect to the interpretation of this MOU or the performance of any party shall be first submitted to a three-step dispute resolution process that includes, in sequence: (1) an informal meet and confer process between representatives designated by all the parties, (2) mediation, and (3) non-binding arbitration. C. Except for any claim or action filed by a nonparty hereto, upon any dispute, claim, or controversy (“Dispute”) arising with respect to the interpretation of this Memorandum, or the performance of any party, which is not immediately resolved between the parties, the party asserting such Dispute may, within 30 days from the date the Dispute has arisen, serve written notice upon the other that a Dispute exists with respect to this Memorandum, and each patty shall then within fourteen days designate one or more representatives and shall establish a time and place at which to meet and confer in mutual good faith to resolve the Dispute. If, after a reasonable amount of time and effort have elapsed, a resolution of the Dispute has not been established to the mutual satisfaction of both parties, any party may then initiate a mediation process by serving a written notice of the election to mediate upon the other. D. In the event the election to mediate a Dispute is invoked by either party, a request for mediation shall be filed within 30 days in the San Diego Regional Office of the American Arbitration Association (“AAA”) and the mediation shall be initiated and conducted in accordance with the Commercial Rules of mediation of the AAA, or by any other method mutually agreeable to the parties. Any statements made during mediation shall remain confidential and may not be disclosed without consent of all participants. E. In the event mediation does not resolve the Dispute, any patty may then elect arbitration by providing a written notice of such election to the other parties. Such request must be mailed to the other parties within 30 days following the conclusion of mediation. Upon serving written notice upon the other parties, the request for arbitration shall be filed at the AAA and the arbitration shall be conducted in accordance with the rules established by the AAA, unless all parties mutually agree to an alternative method. Neither the patties nor the arbitrator may disclose the contents or results of the arbitration, except as may be required by law, without the prior written consent of all parties. The parties may agree to be bound by the results of the arbitration and may agree that any award by or decision of an arbitrator shall be final. F. Nothing in this procedure shall prohibit the parties seeking remedies available to them at law. During the course of any proceeding to resolve a Dispute, the parties shall continue to perform any duties or obligations existing under the Memorandum. ARTICLE XIV: SEVERABILITY If any one or more of the terms, provisions, promises, covenants or conditions hereof shall be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and -8- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility conditions hereof shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. F&HR-04-4222.9 ARTICLE XV: MODIFICATIONS This Memorandum contains all of the terms and conditions made between the parties hereto and shall not be altered except by an amendment in writing. ARTICLE XVI: SUCCESSION; ASSIGNMENT The provisions hereof shall be binding upon and shall inure to the benefd of the successors of the parties. This Memorandum may not be assigned by any party without the written consent of the other parties. ARTICLE XVII: GOVERNING LAW This Memorandum is to be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be executed as of the day and year first above written. ved as to form: WASTEWATER AUTHORITY Approved as to form: -9- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.10 ATTACHMENT I Site Plans -10- I6 - __ . . . . . . . . .^ .. .. .. . .. __ 4, . . r, -: I. .. .. . . __^.. . .-.- . . ._ ;E ', 118 .J --"J I tq Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.11 ATTACHMENT 2 Carlsbad Recycled Water Pump Station -11 - Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.12 ATTACHMENT 3 SCOPE OF WORK FOR TRANSITIONAL PERIOD FOR OPERATION AND MAINTENANCE SERVICES FOR THE CARLSBAD WATER RECYCLING FACILITY 1. For the purposes of this document the Carlsbad Water Recycling Facilities (CWRF) will be defined as Attachment 1, Exhibits A and B. A. The Facilities shall be further defined as: 1. All structures, electrical systems and mechanical systems within the 2. 3. 4. 5. 6. 7. CWRF property line; The landscaped slopes and drainage ditches within the CWRF; The paved access roads throughout the CWRF; The Granular Media Filter Pump Station within the Encina Water Pollution Control Facility (EWPCF); The Microfiltration Pump Station within the EWPCF; All valves and appurtenances, and recycled water lines associated with this equipment and located within the CWRF and EWPCF. All electrical equipment associated with the Granular Media Filter and Microfiltration Pump Stations located within EWPCF (Attachment 1 Exhibit C). 2. The EWA shall be responsible for providing the following services during the Transitional Period: A. Provide assistance in field-testing, startup and commissioning of the CWRF; B. Attend operation and maintenance training sessions; C. Development and execution of contracts in connection with the operation and maintenance of the Facilities; D. Employment of agents and employees to operate, maintain, administer, and manage the Facilities; E. Employment of wastewater operators at the certified level required by Title 23 of the State Water Resources Control Board and Regional Water Quality Control Boards for Classification of Wastewater Treatment Plants and Operator Certification; F. Perform minor repair and maintenance of equipment and systems; F. Preparation of annual operating and annual capital acquisitions budgets. -12- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.13 ATTACHMENT 4 SCOPE OF WORK FOR ANNUAL OPERATION AND MAINTENANCE SERVICES FOR THE CARLSBAD WATER RECYCLING FACILITY 1. For the purposes of this document the Carlsbad Water Recycling Facilities (CWRF) will be defined as Attachment 1, Exhibits A and B. A. The Facilities shall be further defined as: 1. 2. 3. 4. 5. 6. 7. All structures, electrical systems and mechanical systems within the CWRF property line; The landscaped slopes and drainage ditches within the CWRF; The paved access roads throughout the CWRF; The Granular Media Filter Pump Station within the Encina Water Pollution Control Facility (EWPCF); The Microfiltration Pump Station within the EWPCF; All valves and appurtenances, and recycled water lines associated with this equipment and located within the CWRF and EWPCF. All electrical equipment associated with the Granular Media Filter and Microfiltration Pump Stations located within EWPCF (Attachment 1 Exhibit C). 2. The EWA shall be responsible for all tasks needed to operate and maintain the Facilities. These tasks shall be performed within the annual operating budgets and shall include: A. Operation, maintenance, and monitoring of the Facilities in accordance with (a) safe and sound operational, maintenance, engineering, and accounting practices and (b) local, state and federal laws and regulations. Operation and maintenance of the Facilities shall be coordinated with the operation and maintenance of the EWPCF, such that EWA attempts to provide DISTRICT with as cost-effective operation as possible, while maintaining the Facilities reliability; B. Development and execution of contracts in connection with the operation and maintenance of the Facilities; C. Employment of agents and employees to operate, maintain, administer, and manage the Facilities; D. Employment of wastewater operators at the certified level required by Title 23 of the State Water Resources Control Board and Regional Water Quality Control Boards for Classification of Wastewater Treatment Plants and Operator Certification; -13- i ./ 3. Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.14 D. Preparation of annual operating and annual capital acquisitions budgets; E. Provision of financial and audit services for services provided by the EWA hereunder; F. Acquisition, holding, and disposition of such equipment as may be reasonable and necessary to the operation, maintenance, administration, and management of the Facilities; G. Filing of monthly reports associated with the operation, . maintenance, environmental compliance and administration of the Facilities; H. EWA will coordinate with the DISTRICT to produce water in quantities and at times determined by the DISTRICT. However, EWA will not operate the CWRF in excess of the design (production) capacity of the CWRF as determined by the Master Reclamation Permit for the Carlsbad Municipal Water District issued by the California Regional Water Quality Control Board. I. By February of each year, the DISTRICT will provide EWA projected recycle water demands for the next fiscal year. J. EWA will assume responsibility to report any regulatory violations associated with the Master Reclamation Permit Waste Discharge Requirements and Air Pollution Control District permits. EWA will immediately report to the DISTRICT any permit violations. K. EWA will coordinate with the DISTRICT to develop standard operating procedures and emergency response procedures associated with EWAs operations of the Facilities. The EWA shall not be responsible for the operation, maintenance, repair, monitoring or upkeep of: A. The recycled water force main pipeline after it leaves the CWRF property line; B. The recycled water pump station including pumps, motors, electrical system, valves and appurtenances associated with station (Attachment 2); C. Any other structure, system or appurtenance not specifically addressed herein. -14- Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.15 ATTACHMENT 5 Facility Transitional Period Budget for the Fiscal Year Ending June 30,2005 -15- 1 Budget Assumptions: * Dmys of Water production . Days of Stafflnp 4 MOD 60 60 Salaries Total Account (SZOOW Eonofit. I BenefiIs Total NON PERSONNEL EXPENSES Account (0120Xa Fmls 6 Lubricant. 6120.u Unleaded Fuel 6120.u Equipmen1 LubricanIs Total Account (54lO.XX) Clmmlwls ( Chemical dose based on design enpinwn estimates ) I 5410.u 541o.xx 5410.u 5410.u 54lO.u 5410.u 5410.u 5410.u Polymer (Coapulenl Aid) LbdDay 14.8 QVhY Sodlum Hypochlorile 459 GaUDay 45 GaUDoy 2.1 93% SulfuicAud Thrahold InhibiDr ULb s isa YGal f 1.00 Wal s a.60 Yo81 J 10.45 Membrane Cleaning Chemical Ferric GaUDy Wai 45 s 0.94 Mlw. Maintenam Chemiuls (oil, cleaning solvents. sd) Pmpane 0.lS $/Gal 500 s 2.00 Total Account (60ZO.XX) p.mitm 1 FY ZOO5 S 22,078 t 22,071 I 7 680 s 7.680 5 40 S 60 t 100 S 1,332 I 2i.MO 5 1.620 S 1.320 I 267 5 3.800 S 167 S 1,000 S 37,046 6920.u SD County HarMal Fw 6920.u NPDESIWDR Pemlil 6920.u APCD Plan1 Permil Total FY 2005 Account (WXS Elaebicity I Procas Equlpnnnt (Costs based on design enginaera eslimales) Told HP HrlDay :17 5 24 f 23',?7 5435 XI 0 1451 YKw 1 7 12 Opntions Bulldln~lghtlng Total Account (SUlXa Water I *Based on 1x1 relainad walm usage Polable Wsler Purchased Matar Charga T0t.l Account (SSsO?cB Paint 6 Corrosion Pmtectlon I 5530 xx Coatino Account (59lOy)l) Equlpmant R.nt.1 I 5910.~1 Equipmen1 Rsnlal Tobl Tobl Account (641OX~ Laundry 6 UnWorms 8410.u Laundry Uniforms UnW UnnCosl Weeks 3 $6.46 9 WIO.XX M~S 6 Raphmenl Items Total Account (WsOZ@l Non-SpcMc ~apair 6 Maintonanca I 6730.m NonSpcMc R6M Tobl Account (6930Z@l Plplng 6 Elacttical Rapmln I 6930.u Piping 6 Electrical Rapaim s 1.875 S 25,552 s I s t I s 174 $ 100 8 274 s 3,000 t 3,000 5 2 ow s 2,000 T0t.l 2. i'