HomeMy WebLinkAbout1998-03-24; City Council; 14609; APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR OPERATION AND MAINTENANCE OF AGUA HEDIONDA AND BUENA VISTA PUMP STATIONS3 gJ
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@klT'Y OF CARLSBAD -AGE 19b A BILL G' ,
AB# - TITLE: APPROVAL OF MOU FOR OPERATION
MTG . 3124198 AND MAINTENANCE OF AGUA HEDlONDA CITY ATTY
DEPT. CMWD CITY MGR.
AND BUENA VISTA PUMP STATIONS
RECOMMENDED ACTION:
It is recommended that the City Council adopt Resolution No. 98 -88 apF
Memorandum of Understanding for Operation and Maintenance of Agua Hedionda i
Vista Pump Stations.
ITEM EXPLANATION:
Encina Wastewater Authority (EWA) Revised Basic Agreement (RBA) states that
operate the Agua Hedionda and Buena Vista Pump Stations. In response to E
direction, Carlsbad, Vista and EWA staff developed the proposed Memor
Understanding (MOU). (Attachment 1) In addition to memorializing the operatic
historically provided by EWA and vesting the city of Vista with the responsibility to
capital improvements, the MOU provides for indemnification of the EWA by the owne
annual emergency response plan drills; and, protocols for the dissemination
information. The facilities maintained by EWA under the proposed MOU are dc
exhibits within the MOU.
FISCAL IMPACT:
There is no fiscal impact by approving this MOU. The City of Vista and City o
presently share proportionate operating costs for both pump stations. This MOU mc
the operational responsibilities.
EXH BITS:
I. Resolution No. 98- 88 Authorizing the Mayor to Approve the Memorandum 1
Understanding for Operation and Maintenance of the Agua Hedionda and Buena
Pump Stations.
2. Memorandum of Understanding.
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RESOLUTION NO. 98-88
A RESPOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR
TO APPROVE MEMORANDUM OF UNDERSTANDING
FOR OPERATION AND MAINTENANCE OF AGUA
HEDIONDA AND BUENA VISTA PUMP STATIONS
WHEREAS, a Memorandum of Understanding has been prepared between the Ci
Carlsbad, the City of Vista and the Encina Wastewater Authority (EWA); and
WHEREAS, the EWA Revised Basic Agreement (=A) states that EWA shall op
the Agua Hedionda and Buena Vista Pump Stations; and
WHEREAS, in response to EWA Board direction a Memorandum of Understandi
(MOU) has been developed; and
WHEREAS, this MOU memorializes the operational duties provided by EWA anc
the City of Vista with the responsibility to implement capital improvements: and
WHEREAS, the MOU also provides for indemnification of the EWA; annual
emergency response plans; and, protocols for the dissemination of public information.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car-
California,
1. That the above recitations are true and correct.
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2. That the Memorandum of Understanding for Operation and Maintenance of
Agua Hedionda and Buena Vista Pump Stations is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the
24th day of- 1998 by the following vote, to with:
AYES:
NOES:
ABSEW: None
Council Members Lewis, Finnila, Nygaard, Kulchin and Hal
None
ATTEST:
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ME;MORANDUM OF UNDERSTANDING FOR
OPERATION AND MAINTENANCE OF BUENA VISTA PUMP STATION
AND AGUA HEDIONDA PUMP STATION
This Memorandum of Understanding is entered into as of January 26, 1998 by and between the Cities of CARLSBAD and Vistc hereinafter referred to as CARLSBAD and VISTA and the Encina
Wastewater Authority, hereinafter referred to as EWA, with respect to the following facts:
RECITALS
1. CARLSBAD and VISTA jointly own the Buena Vista and Agi Hedionda pump stations , including the forcemains associated wil such stations, their valves and appurtenances, and certain gravity sewer lines, identified in Exhibit 1, hereto. For the purposes of this Memorandum, the pump stations and the related
facilities located inside of the fencing Surrounding the Buena Vista and Agua Hedionda pump stations, as shown on Exhibit 1, shall be collectively referred to as the "Pump Stations."
2. Section 12.1.2 of the Revised Basic Agreement providf
that EWA shall operate and maintain, at the expense of VISTA an(
CARLSBAD, the Pump Stations (formerly referred to a$ Units B ant
G of the Joint System), within an annual estimated budget
prepared.by EWA and approved by VISTA and CARLSBAD.
satisfaction of CARLSBAD and VISTA. 3. EWA is currently operating the Pump Stations to the
4. CARLSBAD and VISTA desire EWA to continue to operate and maintain the Pump Stations, and EWA is willing to provide such services, subject to written terms and conditions.
obligations and covenants set forth herein, CARLSBAD, VISTA and EWA agree:
NOW, THEREFORE, in consideration of the mutual promises,
ARTICLE I: SCOPE OF WORK
Specific services to be provided by EWA hereunder are detailed in Exhibit 2, Scope of Work for Annual Operation and
Maintenance (Om) Services. In the event of any conflict betwe the provisions of Exhibit 2 and this Memorandum, the terms of t Memorandum will govern. In performing these services, EWA shal follow practices consistent with generally accepted technical
expertise necessary to provide these services.
standards and EWA represents that its staff are skilled in the
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ARTICLE 11: BUDGETING
CARLSBAD and VISTA shall compensate EWA for all expenses
associated'with the operation and maintenance of the Pump
Stations, in accordance with annual budgets to be developed anc
recommended by EWA and adopted by CARLSBAD and VISTA. expenses shall include but not be limited to such things as salaries and benefits, maintenance costs, utilities, chemicals,
permits, monitoring, accounting and au'diting costs, administration costs, legal services, overhead costs, and insurance.
These
The Pump Stations' budgets shall be assessed on a fiscal
year beginning July 1 and extending through June 30 of the following year and shall be prepared in accordance with general accepted accounting principles, as follows:
I. Concurrently with the preparation of the annual operating budgets for EWA, but no later than May 1 of each year
EWA shall prepare estimated budgets for the amount of money required to operate and maintain the Pump Stations. The
operating budgets shall be separate for (a) the Buena Vista Pun Station, (b) the Agua Hedionda Pump Station. The budgets shall also include not less than a $50,000 emergency contingency
reserve for each Pump Station, to be increased from year to yee as necessary. Additionally the budgets shall include the total
dollar amount of the operating reserve to be held by EWA; this amount will generally equal ten percent of the annual operatinc budget , calculated based on the total budgeted amounts , excludj the prescribed emergency contingency amounts, but including otl
contingency funds.
2. EWA shall also prepare recommended capital acquisitic
budgets as part of the annual budget process for the Pump
Stations. The capital acquisitions budgets shall be for replacements and rehabilitation efforts which will not affect t designed capacity or operating characteristics of the station,
maintain station reliability, safety and compliance with regulatory requirements, except as specifically authorized
pursuant to paragraph 3, below.
3. EWA shall not be responsible to prepare or execute capital budgets for the improvement, expansion and/or upgrades
the Pump Stations. However, EWA may make suggestions regardins improvements which it believes are necessary or desirable. To
the extent such improvements are expected to require an expenditure of less than $50,000 (or the total budgeted amount
of the emergency contingency reserve for the affected station),
CARLSBAD and VISTA may request that such improvements be inclut
in the capital acquisitions budgets for implementation by EWA;
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however, EWA shall have no obligation to accept responsibility for undertaking such improvements.
Except as otherwise agreed, VISTA shall be responsible for the planning, design, bidding, construction management or supervision of any capital improvements for the Pump Stations. Under no circumstances shall EWA be responsible for the plannin
design, bidding, construction management or supervision of such work at either Pump Station. EWA shall, however, coordinate th continued operation and maintenance of the Pump Stations as
necessary during the course of such construction. CARLSBAD and VISTA shall, before letting any contract for such work, provide
reasonable opportunity to EWA to comment on plans for making th
proposed improvements.as respects operational consequences. An such contract shall require'the contractor to name EWA as additional insured as to any insurance required of the contract
by the awarding agency and as to which the awarding agency will be insured, provided that EWA need not be an insured under any
bid, performance or payment bonds requirecl.
4. Following approval by EWA, the estimated operating an capital acquisitions budgets shall be forwarded to CARLSBAD and VISTA for approval. The estimated budgets shall be deemed effective upon the receipt by EWA of a certified copy of an approving resolution by CARLSBAD and VISTA. Until such time as
formal approval has been received from CARLSBAD and VISTA, the estimated budgets shall constitute merely proposed budgets, subject to consideration or revision. In the event a proposed budget is not approved, EWA shall continue to operate and maintain the Pump Stations using the previous fiscal year budge figures, provided that if no budget is approved prior to the er, af the current fiscal year, EWA shall have no obligation to continue to provide services hereunder after the close of the
fiscal year.
ARTICLE III: FUNDING
1. For the purposes of this Memorandum, responsibility f
expenses incurred by EWA related to the Buena Vista Pump Statio
shall be allocated 15.5% to CARLSBAD and 84.5% to VISTA; and responsibility for the Agua Hedionda Pump Station shall be allocated 38.5% to CARLSBAD and 61.5% to VISTA. Whenever CARLSBAD and VISTA agree, as between themselves, to alter these allocations, written notice of any change shall be given to EWA by both CARLSBAD and VISTA prior to the commencement of the fiscal year for which the change is to be effective. EWA shall
be entitled to rely upon the written notices provided by CARLSB and VISTA as to any change in the allocation of expenses betwee the cities as to either or both Pump Stations.
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2. Quarterly, on October 1, January 1, April 1, and July
1, EWA shall bill CARLSBAD and VISTA. CARLSBAD and VISTA shall promptly pay for the operating and capital acquisitions expense incurred during the prior quarter of the fiscal year, excluding the emergency contingency. To the extent any operating reserve carried over from the prior fiscal year is insufficient, the operating reserve shall be billed on October 1, and replenished
as necessary upon subsequent quarterly billings. In the event that at the end of the fiscal year, the amount paid exceeds the audited actual expenses, the excess shall be credited to CARLSB
and VISTA the following fiscal year. In the event the amount paid, including the operating reserve, is less than the audited
additional expenses in the October 1 billing.
and collected only on written demand by the EWA if ari event occurs at the Pump Stations outside normal operations and maintenance.
actual expenses then EWA shall bill CARLSBAD and VISTA the
3. The emergency contingency reserve amount will be bill
4. 1n.accordance with the Revised Basic Agreement, the
failure by one of the parties, CARLSBAD or VISTA, to pay budget expenses shall not relieve the other party of its obligations t pay its proportional share, in addition to the unpaid balance o
the party who failed to pay.
ARTICLE IV: ACCOUNTING AND AUDITS
EWA shall maintain full financial records showing all
. expenses associated with or related to the work covered hereby.
These records shall conform to generally accepted accounting
principles, and shall be examined by a certified public accountant prior to May 1 of each fiscal year as a part of EWA'
annual audit of the Joint System.
ARTICLE V: LIABILITY
Notwithstanding the provisions of Government Code Section
895.2, CARLSBAD and VISTA shall, to the fullest extent allowed
law, indemnify, defend and hold EWA and the member'agencies of EWA which have no ownership interest in the Pump Stations, thei 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
o? claimed to have arisen out of any act or omission by EWA related to this Memorandum, other than actual intentional or
willful misconduct of an EWA employee, officer or agent. Buenz
Sanitation District, the Leucadia County Water District, the Vallecitos Water District, and the City of Encinitas currently have no ownership interest in the Pump Stations.
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CARLSBAD and+VISTA also agree to hold harmless and defend such agencies and EWA, their officers, agents, and employees wit
respect to claim or legal proceedings or judgment made, filed, ( presented against the foregoing, by reason of CARLSBAD and VISTA'S, or their officers', agents', or employees'.negligence, intentional or willful misconduct regarding operation and maintenance of said Pump Stations during the term of this
Memorandum.
ARTICLE VI: PUBLIC INF'OFUvJATION
1. General Operations. CARLSBAD and VISTA agree that the release of public information, except records requested under tl
Public Records Act, in situations relating to the general operations of the Pump Stations will be the responsibility of
CARLSBAD and VISTA. EWA shall forward all media requests for
information, except records requested under the Pub1i;c Records Act, to the VISTA city manager or a designee to respond to such inquiries. Notwithstanding the foregoingcprovision, VISTA and
CARLSBAD may respond independently to any request for public information in situations relating to general operations of the
Pump Stations.
2. Emergencies; Communications Plan. The parties agree tc
participate in an emergency drill at least annually, scheduled 1 EWA, to establish, test and refine emergency protocols for the Pump Stations, including a written emergency communications plai for addressing public inquiries. EWA shall annually distribute the emergency communications plan to the parties following the emergency drill. The plan shall be consistent with this Articlc VI.
VISTA and CARLSBAD agree to use their best efforts to ensu:
that a spokesperson is available to respond to public inquiries on behalf of the owners of the Pump Stations in a timely manner
EWA staff shall confer with the spokespersons for VISTA and
CARLSBAD to determine the lead spokesperson in accordance with the communications plan. Where no'spokesperson is immediately
available from VISTA or CARLSBAD, and EWA determines that it is in the best interests of the public that factual information be released immediate1y.h order to protect public health or safet
information to the public as necessary. the EWA General Manager or his/her designee may release such
ARTICLE VII: INSURANCE
Upon approval of this Memorandum, as part of the annual operating budgets CARLSBAD and VISTA shall pay for and EWA shal
maintain, in full force and effect, insurance in connection wit or related to the work to be performed by EWA under this
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- Memorandum- This insurance shall include general liability and workers' compensation insurance. In addition, EWA shall obtain such property insurance, including boiler and machinery, and flood insurance, as CARLSBAD and VISTA may deem necessary to
safeguard the Pump Stations. All of the member agencies of EWA shall be named as additional insureds as to the general liabilit coverages obtained by EWA. CARESBAD and VISTA shall be named as additional insureds as to any property insurance obtained by EWP
interests. Insurance obtained by EWA shall be approved by CARLSBAD and VISTA. CARLSBAD and VISTA acknowledge that EWA
participates in and generally obtains coverage through CSRMA, ar that earthquake coverage is not currently available through that
facility. indemnity provisions of Article V hereof.
' for the Pump Stations, in accordance with their ownership
The aforesaid insurance shall in no manner limit the
ARTICLE VIII: DISCLAIMERS
1. EWA shall not be involved in setsing or collecting any
capacity or user fees for the Pump Stations.
2. EWA shall not be responsible for any defects or errors
in the design or construction of the Pump Stations, but only for the exercise of ordinary care in the operation and maintenance c
the Pump Stations.
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3. In the case of the Buena Vista Pump Station, where discharge flows are limited by the request of CARLSBAD and it becomes evident that an overflow may occur, EWA will endeavor tc
contact the owners to make the decision where the overflow will be allowed to occur. In the event of an overflow, EWA will make the initial contact with the Regional Water Quality Control Boai
(RWQCB) Office of Emergency Services (OES), and County Departmer of Health Services (DOHS) within 24 hours, and follow up with a
of the owners, and not on its own behalf. CARLSBAD shall be responsible for developing and maintaining the Pump Stations'
spill response plan(s) required by any regulatory agency, and making current copies of such plans available to EWA. EWA shall comply with such plans on behalf of CARLSBAD and'VISTA as to the Pump Stations; provided that EWA shall provide CARLSBAD and VISI draft spill response plans for such Pump.Stations. Except as SE forth in this paragraph, however, EWA shall have no responsibility for maintaining or carrying out the spill respons
plans of CARLSBAD or VISTA.
4. EWA also shall make good faith efforts to comply with
all regulatory requirements imposed on the owners which are applicable to the Pump Stations. At present, these include Ordc
96-04 Waste Discharge Requirements Prohibiting Sanitary Sewer
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written Sanitary Sewer Overflow Report within 5 days, on behalf
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Overflows by Sewer Collection Agencies issued by the San Diego Regional Water Quality Control Board to CARLSBAD and VISTA, Orde No. 96-04 as amended. CARLSBAD and VISTA shall promptly advise EWA if or when there are other applicable requirements. EWA shall have no obligation to seek any amendments to such
requirements.
ARTICLE IX: DURATION OF MEMORANDUM; TERMINATION
This Memorandum shall remain in effect until April 1, 1999, and'shall continue from year to year thereafter, unless any part hereto gives not less than 60 days notice prior to the commencement of any fiscal year of its intent to terminate this Memorandum. In the event of termination of this Memorandum, the parties acknowledge that they will continue to be bound solely k the provisions of the Revised Basic Agreement and Revised
Establishment Document, as each may be amended from Cime to time
ARTICLE X: WARRANTS AND REPRESENTATTONS
CARLSBAD and VISTA warrant to EWA that:
1. To the best of CARLSBAD and VISTA'S knowledge, there 3 not at present upon the Pump Stations, or any portion thereof, c on any continuous or adjacent property owned by CARLSBAD and
VISTA, 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
requirements, for the routine and on-going operation and
maintenance of the facilities.
customary supplies, stored in accordance with all legal
2. Except as provided in the Revised Basic Agreement, there are no covenants, easements, licenses , leases, or any
other contracts, written or oral, between CARLSBAD and VISTA, their agents or assigns, and any other person regarding the operation or maintenance of the Pump Stations.
ARTICLZ XI: NOTICES
All notices, statements, demands, requests, consents,
approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed
to: the Carlsbad City Manager at 1200 Carlsbad Village Drive, Carlsbad, CA; the Vista City Manager at P.O. Box 1988, Vista, Ci
CA . and the EWA General Manager at 6200 Avenida Encinas, Carlsbad,
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ARTICLE XII: DISPUTE RESOLUTION
EWA, CARLSBAD and VISTA agree that the maintenance of a cooperative and mutually beneficial relationship between them is
an important aspect of this Memorandum and therefore intend to
controversies that may arise during the course of this MemorandL in an efficient manner to avoid resort to legal actions against
one another, if feasible.
provide means for resolving any disputes, claims, or
Therefore, except for any claim or action filed by a '
nonparty to this Memorandurn, any dispute, claim, or controversy arising with respect to the interpretation of this Memorandum 01
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) arbitration.
Except for any claim or action filed by a nonparty hereto, upon any dispute, claim, or controversy (I1DisputeI1) arising witk respect to the interpretation of this Memorandum, or the performance of any party, which is not immediately resolved
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 party 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 part may then initiate a mediation process by serving a written notic of the election to mediate upon the other.
In the event the election to mediate a Dispute is invoked k either party, a request for mediation shall be filed within 30
days in the San Diego Regional Office of the American Arbitratic Association (11~11) 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.
between the parties, the party asserting such Dispute may, withi
In the event mediation does not resolve the Dispute, any party may then elect arbitration by providing a written notice c
such election to the other parties. Such request must be mailec to the other parties within 30 days following the conclusion of mediation. Upon serving written notice upon the other parties,
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the request for arbitration shall be filed at the AAA and the
established by'the AAA, unless all parties mutually agree to an alternative method. Neither the parties 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 al: parties. The parties may agree to be bound by the results of tl arbitration and may agree that any award by or decision of an
arbitrator shall be final.
arbitration shall be conducted in accordance with the rules
Nothing in this procedure shall prohibit the parties seekii
During the course of any proceeding to resolve a Dispute,
remedies available to them at law.
the parties shall continue to perform any duties or obligations
existing under the Memorandum.
ARTICLE XIII: SEVEMILITY
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 conditions hereof shall not be affected thereby and shall be valid and enforceabll
to the fullest extent permitted by law.
ARTICLE XIV: MODIFICATIONS
'This Memorandum, together with the Revised Basic Agreement contains all of the terms and conditions made between the parti
'hereto and shall not be altered except by an amendment in writing.
ARTICLE XV: SUCCESSION; ASSIGNMENT
The provisions hereof shall be binding upon and shall inur
to the benefit of the successors of the parties. This Memorand
may not be assigned by any party without the written consent of the other parties.
ARTICLE XVI: GOVEMING LAW
This Memorandum is to be governed by and construed in
adcordance with the laws of the State of California.
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IN WITNESS WEREOF, the parties hereto have caused this
Memorandum to be executed as of the day and year first above
written.
Approved as to form
By :
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CITY OF VISTA
By :
Approved as to form
By :
VISTA Counsel
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Approved as to form
By : 45zz- TWA Counsel
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EXHIBIT 2
SCOPE OF WORK FOR ANNUAL OPERATION AND MAINTENANCE SERVICES
OPERATION AND MAINTENANCE OF BUENA VISTA AND AGUA HEDIONDA PUMP STATIONS
EWA shall be responsible for all tasks needed to operate anc
maintain the Pump Stations. within the annual operating budgets and shall include:
These tasks shall be performed
1. Operation, maintenance, and monitoring of the Pump
Stations in accordance with (a) safe and sound operational, maintenance, engineering, and accounting
practices and (b) local, state and federal laws and regulations, except as provided in the Agreement for 0perat.ion and Maintenance of the Buena Vista Pump
Station and the Agua Hedionda Pump Station.
coordinated with the operation and maintenance of the EWPCF, such that EWA attempts to.provide CARLSBAD and
VISTA with as cost-effective operation as possible, while maintaining station reliability.
Development and execution of contracts in connection
with the operation and maintenance of the Pump Stations.
Employment of agents and employees to operate, maintain, administer, and manage the Pump Stations.
Preparation of annual operating and annual capital
acquisitions budgets.
connection with the operation, maintenance, administration and management: of the Pump stations -
Provision of financial and audit services for services
provided by EWA hereunder.
Acquisition, holding, and disposition of such equipmen
as may be reasonably necessary to the operation, dmainteqance, administration, and management of the Pum]
Stations.
Filing of reports associated with the operation,
maintenance, administration, and management of the Pum] Stations.
Maintenance of insurance for maintenance and operation:
performed by EWA.
Operation
and maintenance of the Pump Stations shall be
2.
3.
4.
5. Incurring of debts, liabilities or obligations in
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7.
8.
9.
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10. The design capacity of the Buena Vista Pump Station
with four pumps on is 23.1 million gallons per day (mgd), with three pumps on is 21.5 mgd and with two
pumps on is 17.8 mgd. Vista Pump Station in excess of 15.8 mgd or 11,000
gallons per minute unless authorized in writing by CARLSBAD .
The design capacity of the Agua Hedionda Pump Station with three pumps on, and one in standby, is 31 mgd. E
pumping restrictions have been placed on this station'
output.
Routine inspection and maintenance of the air; release
and main line valves on the Buena Vista Pump Station forcemain, notwithstanding that such appurtenances arc located outside of the fenced area of the pump statior
Preparation of draft spill response plans fbr the PumF
Stations for inclusion by VISTA and CARLSBAD in the spill response plans VISTA and C!)U?LSBAD maintain for the RWQCB or other regulatory agencies.
EWA shall not operate the Buenz
21.
12.
13.
GVM\AGMT\59990.5
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ATI’ACHMENT 1
Encina Wastewater Authority
Pump Station Public Information Protocols
Januay 6,1998
Ref 370!
1. EWA will make a unilateral determination to implement the Incident Commanc
System (ICs) in response to an emergency incident at the Buena Vista or Agu
Hedionda Pump Stations (stations).
2. EWA will notify the Vista City Manager and the Carlsbad Director of Public Work
within 30 minutes of establishing the ICS in response to an emergency inadent a
the stations. ,
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3. The owner agencies will designate a single point of contact (designee) for thc emergency, .
4. Designees will make their best effort to respond to the scene of the emergenq
within one hour after EWA makes initial contact pursuant to paragraph 2.
5. For the purpose of providing public information related to an emergency inadent a
the statim, all communication between EWA and the owner agency will b
directed through the designee.
6. Prior to the release of any public information related to the emergency incideni
EWA and the designee@) will confer and agree upon the:
a. form (i.e., verbal or written);
b. forum (i.e., place and timing);
c. format (prepared or extemporaneous, limits on Q & A, letterhead);
d. content of the release; and,
e. person who will act as the owner agencies’ spokesperson
7. A spokesperson addressing the media in response to an inquiry &I any way relate<
to an emergency incident at the stations shall begin their address by making’ thi
following statement
”The (name of station) is owned by the cities of Vista and Carlsbad. The Encina
Wastewater Authority is the contract operator of the facility. I am (name)
(position) (agency) and have been designated spokesperson for the owner
agencies.”
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NOTE i----------- TO FILE WRITE IT- DON'T SAY IT! ______----_-
Date April 3
To Marie Goffredo. CMWD 0 Reply Wanted
From Kathleen ShouD, ~1~~k~ &IN0 Reply Necessary
Per your instructions, I am sending you all four original Memorandum of Understandi
with the City of Vista and Encina Wastewater Authority for Operation and Maintenanc
of the Agua Hedionda and Buena Vista Pump Stations.
After you have them processed for final signatures from Vista and EWA, please retur
one signed original to the City Clerk's office for our files.
(For your reference I have also enclosed a copy of Agenda Bill No. 14,609 and also
Resolution No. 98-88,)
A
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