HomeMy WebLinkAboutSan Diego, County of / Caltrans / HARRF; 2007-07-11;COST-SHARE AGREEMENT
Investigation Order R9-2006-076
Carlsbad Hydrologic Unit
This Cost Share Agreement (AGREEMENT) entered into , 2007,by the County of San Diego
(hereinafter called County), California Department of Transportation (hereinafter called Caltrans), Hale
Avenue Resource Recovery Facility (hereinafter called HARRF), and the incorporated cities of Carlsbad,
Escondido, San Marcos, Encinitas, Oceanside, Solana Beach, and Vista, (hereinafter collectively called
PARTIES and individually called PARTY), to establish the responsibilities of each Party with respect to
compliance with the Investigation Order R9-2006-076 administered by 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, the Clean Water Act (CWA) section 303(d) requires states to develop a list of
waterbodies that do not or are not expected to meet water quality standards after implementing
technology-based controls; and
2. WHEREAS, Loma Alta Slough and Pacific Ocean Shoreline, Buena Vista Lagoon and Pacific
Ocean Shoreline, Agua Hedionda Lagoon and Creek, and San Elijo Lagoon and Pacific Ocean Shoreline
have been listed, by the State Water Resources Control Board (SWRCB) as water quality limited
segments for which Total Maximum Daily Loads (TMDLs) must be developed pursuant to section 303(d)
in order to attain water quality objectives and restore the waterbody's beneficial uses; and
3. WHEREAS, the SWRCB as designee of the U.S. EPA has delegated authority to the SDRWQCB
for administration of the TMDLs within the boundaries of its region; and
4. WHEREAS, the SWRCB has determined that water quality monitoring data are needed to
develop TMDLs, and load and wasteload allocations for the water quality limited segments for each
impairing pollutant and the Water Code section 13267 authorize the SDRWQCB to require the submission
of monitoring program reports from any person discharging pollutants into waters of the State; and
5. WHEREAS, the SDRWQCB has adopted Investigation Order R9-2006-076 (Order), attached as
Exhibit 1 to this Agreement and incorporated herein by reference, which orders the responsible parties to
furnish the Monitoring Program Reports required by the SDRWQCB in order to develop TMDLs, and load
and wasteload allocations for the water quality limited segments, and
6. WHEREAS, the SDRWQCB has determined that the responsible parties in the Carlsbad
Hydrologic Unit are the County, Caltrans, HARRF, and the incorporated cities of Carlsbad, Escondido,
San Marcos, Encinitas, Oceanside, Solana Beach, and Vista (PARTIES) as outlined in Exhibit 1, and;
7. WHEREAS the PARTIES in the Carlsbad Hydrologic Unit have agreed to work together to fulfill
the requirements of the Order for Loma Alta Slough, Buena Vista Lagoon, Agua Hedionda Lagoon, and
San Elijo Lagoon; and
8. WHEREAS, the PARTIES recognize that expenditures will be needed to complete the Quality
Assurance Project Plan (QAPP) and monitoring identified in the Order and that the costs will be shared
among the PARTIES,
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
9. WHEREAS, the City of Encinitas has agreed to lead the effort by providing project management
and contract administration services for the PARTIES and will hire a consultant to perform the services
described in the Order.
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 and funding the development of the QAPP and implementation of the monitoring as
required in the Order.
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 the completion of the monitoring or
December 31, 2008, whichever is later.
III. PARTY RESPONSIBILITIES AND PARTICIPATION:
A. RESPONSIBILITIES OF PARTY LEAD: The City of Encinitas is hereby designated
PARTY Lead. As such, the City of Encinitas incurs the responsibility of overall project
management, administration of consultant contracts and submittal of required work
products on behalf of the PARTIES for the Order.
B. RESPONSIBILITIES OF ALL PARTIES: Each PARTY agrees to be participatory in the
development of the QAPP and implementation of the monitoring, and will assign one (1)
person to serve as the representative PARTY to participate in meetings (at least 80% of
all meetings), participate in consultant selection panel (as deemed appropriate by all
PARTIES), collaborate on developing strategies, making decisions, and reviewing work
products and submittals. Each PARTY agrees to supply the PARTY Lead with data
associated with its jurisdiction (e.g. water quality data, rainfall data, land use data) in a
timely manner.
IV. FUNDING:
A. The cost of development of the QAPP and implementation of the monitoring is estimated
to be $2,597,362 and shared as follows based on land area and population contributing to
the lagoons named in the Order:
PARTY
Carlsbad
Encinitas
Escondido
Oceanside
S.D. County
San Marcos
Solana Beach
Vista
Caltrans
HARRF
TOTALS
Cost-Share
FY 07-08
$250,038
$65,801
$210,208
$493,515
$328,449
$64,444
$13,912
$342,853
$55,203
$15,671
$1,840,094
Cost-Share
FY 08-09
$102,178
$26,166
$83,590
$211,715
$132,909
$26,201
$5,532
$140,026
$22,718
$6,232
$757,266
Cost -Share
Total
$352,216
$91 ,967
$293,799
$705,229
$461 ,359
$90,646
$19,444
$482,879
$77,921
$21 ,903
$2,597,362
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
B. Each PARTY shall pay its share of expenses within 60 days of receipt of an invoice from
the PARTY Lead. Invoices shall be sent to each PARTY on a quarterly basis based on an
even distribution of costs over the Fiscal Year. Funds collected and not expended at the
end of the project shall be refunded or credited to each PARTY. If the costs are in excess
of the estimates in this AGREEMENT, the PARTIES will be invoiced by the PARTY Lead.
C. The PARTIES will reimburse the PARTY Lead for overhead expenses associated with
overall administration of consultant contracts, and submittal of required work products
associated with the Order in the amount of 5% of the total cost shared project cost
amount. This administration cost has been built into the costs shown in Section IV.A.
V. NON-COMPLIANCE WITH AGREEMENT REQUIREMENTS: Any participant to this
AGREEMENT found to be in non-compliance with the conditions of this AGREEMENT shall be
solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to
comply with AGREEMENT conditions within specified or agreed upon timelines shall constitute
non-compliance with the AGREEMENT.
VI. 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 the PARTIES.
VII. 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.
VIII. 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 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 a consent to, waiver of, or excuse for
any other different or subsequent breach.
IX. 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 their own attorneys' fees and costs.
X. INDEMNIFICATION: Each PARTY to this AGREEMENT (1) shall have the sole responsibility to
comply with the Order, (2) shall pay all fines, penalties, and costs which may arise out of such
PARTY'S non-compliance with the Permit, and (3) shall enter into agreements with PARTIES
named in this AGREEMENT as necessary to address cross-boundary pollution.
XI. 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.
XII. TERMINATION: Any PARTY may terminate this AGREEMENT by giving written notice to the
other parties no less than 30 days prior to the effective date of termination. Termination of this
agreement does not release any PARTY for obligations of the Order, nor does it release the
PARTY from their financial responsibilities as outlined in Section IV of this AGREEMENT. Upon
termination, the terminating PARTY shall pay their cost share in full.
XIII ENCUMBRANCE: By reason of constraints in California law and the California constitution,
Caltrans encumbers $ 77,921 as its portion of the shared cost and no further funding will be
available to address the Caltrans obligations assumed under this Agreement unless this Section
XIII is amended by Caltrans to reflect a new enhanced funding limit.
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
County of San Diego, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
Caltrans, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
HARRF, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is
Date://
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Escondido, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of San Marcos, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Encinitas, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring f y
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Oceanside, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Solana Beach, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring (' »'*
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Vista, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring