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HomeMy WebLinkAbout2001-01-23; Municipal Water District; 495; Laboratory Analysis ServicesCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA 4B# 4% I-13-01 IIITG. - DEPT. PW/M&O RECOMMENDED TITLE- -* ENCINA WASTEWATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT LABORATORY ANALYSIS SERVICES KTION: CITY MGR. a The Board of Directors of the Carlsbad Municipal Water District adopt Resolution No. approve the agreement between the Encina Wastewater Authority and the Carlsbad District for Laboratory Analysis Services. ITEM EXPLANATION: All public water systems are required by the State of California to collect routine bacteriological water samples of their water distribution system and have them analyzed for the presence of coliform bacteria. A State-certified laboratory must perform the required analysis. The City’s Utility Operations Division currently uses the services of a private State certified laboratory, located in San Diego, for this monitoring. The Encina Wastewater Authority owns and operates a laboratory certified by the State of California to perform a variety of water quality monitoring, including bacteriological analysis. In lieu of continued use of a private laboratory, there are several benefits to the City for contracting with Encina Wastewater Authority for laboratory services; cost savings for bacteriological monitoring, closer physical proximity to the testing laboratory which will improve City operational efficiency, and the City is a member agency of EWA. Fees from the District’s Water Operations Fund to pay for the testing service will increase EWA’s revenue, which, in turn, benefits the member agencies including the City of Carlsbad. FISCAL IMPACT: The City’s Utility Operations Division currently pays approximately $36,050.00 per year for bacteriological testing services provided by a private laboratory. Under the proposed Agreement, EWA will charge $29,250.00 per year as outlined in Attachment A (“FY 2000-2001 Fee Schedule”) of the Agreement. This results in a net savings, after the purchase of sample bottles of approximately $5,000 per year for bacteriological testing services. EXHIBITS: 1. Resolution No. I/ / LL Approving an Agreement Between the Encina Wastewater Authority and the Carlsbad Municipal Water District for Laboratory Analysis Services. 2. Document titled, “Agreement for Provision of Laboratory Services Between the Encina Wastewater Authority and Carlsbad Municipal Water District”. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1114 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT APPROVING AN AGREEMENT BETWEEN THE ENCINA WASTEWATER AUTHORITY AND THE CARLSBAD MUNICIPAL WATER DISTRICT FOR LABORATORY ANALYSIS SERVICES WHEREAS, all public water systems are required by the State of California to collect routine bacteriological water samples of their water distribution system and have them analyzed for the presence of coliform bacteria; and WHEREAS, the required analysis must be performed by a State-certified laboratory.; and WHEREAS, the Encina Wastewater Authority owns and operates a laboratory certified by the State of California to perform a variety of water quality monitoring, including bacteriological analysis; and WHEREAS, there are financial and operational benefits to the City for contracting with Encina Wastewater Authority for laboratory services. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District, as follows: 1. That the above recitations are true and correct. 2. That the Agreement between the Encina Wastewater Authority and the Carlsbad Municipal Water District for Laboratory Analysis Services is hereby approved. 3. That the President is hereby authorized on behalf of the Board to sign the Agreement. II/ //I ill /I/ Ill /ii II/ 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Board of Directors of the Carlsbad Municipal Water District held on the 23rd day of JanuarY ,200l by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None I EXHIBITd2 AGREEMENT FOR PROVISION OF LABORATORY SERVICES BETWEEN THX ENCINA WASTEWATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT Refi 3800 This Agreement is entered into this 26th day OfFebruary, 2OOCl, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency in the State of California, hereinafter referred to as the DISTRICT and the ENCINA WASTEWATER AUTHORITY, hereinafter referred to as the AUTHORITY. WITNESSETH- ------m-s-* WHEREAS, the AUTHORITY is author&d to construct, operate, maintain, and repair sanitary chemistry laboratories within its respective boundaries; and WHEREAS, the AUTHORITY presently has an experienced staff trained to operate a sanitary chemical laboratory, perform chemical analysis and write reports identifying results required by the EPA, the Regional Water Quality Control Board, and the State Department of Health Services; and WHEREAS, the DISTRICT desires and the AUTHORITY is willing to provide the analytical and laboratory services as described herein, NOW THEREFORE, in consideration of their mutual promises, observations and covenants hereinafter contained; the parties hereby agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement shall be from February 1, 2001 until February 1,2006, unless terminated earlier as herein provided. 2. DISTRICT’S OBLIGATIONS a. SAMPLES FURNISHED BY DISTRICT. In order for the AUTHORITY to provide services to the DISTRICT, the DISTRICT shall deliver all water samples to the AUTHORITY within six (6) hours of sampling, with all custodial documentation properly prepared. Any requests for service outside the regular working hours of Monday-Friday, 7:00 a.m. - 390 p.m., shall not be considered until the regular working hours of the next business day. b. PAYMENT TO AUTHORITY i. DETFXMINATION OF COMPENSATION. The compensation for services provided under this Agreement is set forth in Attachment A to this Agreement and shall be full compensation for time, materials and equipment, including -l- supervisory and overhead expense. The said attachment and the fee schedule contained therein shall be revised by the AUTHORITY by March 1st of each year and provided to the DISTRICT for inclusion in the annual budget proposal. DISTRICT shall provide information on level of service required by February lst, prior to each new fiscal year. Such revised Attachment A and fee schedule shall be effective on the beginning of the new fiscal year, unless the DISTRICT exercises its right to terminate this Agreement pursuant to Section 6 hereof. ii. PAYMENT OF COMPENSATION. Quarterly, within 30 days of the date of AUTHORITY’S invoice, the DISTRICT shall pay to the AUTHORITY one- fourth of the annual cost of laboratory testing and reporting services as estimated pursuant to Section 2.2.1 of this Agreement and as determined in Attachment A provided; however, each quarterly payment shall be increased or decreased to adjust the estimated amount payable by the DISTRICT to the actual amount owed for laboratory testing and reporting expenses in that quarter. c. DISTRICT’S REPRESENTATIVE. The General Manager of the DISTRICT is empowered to act on behalf of the DISTRICT in carrying out this Agreement. 3. AUTHORITY’S OBLIGATIONS a. SERVICES TO BE PERFORMED i. LABORATORY TESTING. AUTHORITY shall perform laboratory analysis on all water samples delivered to the AUTHORITY Laboratory by DISTRICT on behalf of DISTRICT. Said testing shall be performed in due course along with AUTHORITY’S other laboratory obligations. ii. REPORT PREPARATION. AUTHORITY shall submit to the DISTRICT, weekly, monthly, quarterly, semi-annual and/or annual reports as identified in Attachment A. These reports shall be prepared in accordance with regulatory standards for laboratory reporting and in a format that is acceptable to the DISTRICT. Copies of weekly test results shall be submitted to the California Department of Health Services, Drinking Water Field Operations Branch, 1350 Front Street, Room 2050, San Diego, California 92101. . . . 111. SPECIAL SERVICES. AUTHORITY shall perform additional services as requested by DISTRICT in accordance with a mutually agreed upon time schedule and compensation. Special reports requested by the DISTRICT may require a reassessment of the level of effort and compensation due for report preparation. b. AUTHORITY’S REPRESENTATIVE. General Manager of AUTHORITY is empowered to act on behalf of the Board of Directors of the AUTHORITY in carrying out this Agreement. c. RESPONSIBILITY OF AUTHORITY. In performing its obligations under this Agreement, AUTHORITY shall follow practices consistent with generally accepted laboratory standards and AUTHORITY represents that its staff is skilled in the expertise necessary to provide these services. 4. HOLD HARMLESS AND INDEMNIFICATION. AUTHORITY agrees to hold harmless, defend and indemnify DISTRICT, its officers, agents and employees against all claims, damages, losses and costs, including costs of defense, resulting from the AUTHORITY’S own negligent or wiilful acts or omissions which arise from the AUTHORITY’S obligations under this Agreement. DISTRICT agrees to hold harmless, defend and indemnify AUTHORITY, its officers, agents and employees and its other Member Agencies, their offtcers, agents and employees, against all claims, damages, losses and costs, including costs of defense, resulting from the DISTRICT’S own negligent or willful acts or omissions which arise from the DISTRICT’S obligations under this Agreement. 5. ASSIGNMENT. Except as expressly provided herein, this Agreement shall not be assignable by either party without the prior, written consent of the other party hereto. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall insure to the benefit of the assignee. 6. TERMINATION. This Agreement may be terminated early only as provided in this Section. a. EARLY TERMINATION FOR CAUSE. This Agreement may be terminated for good cause by either party upon delivery of ten (10) days notice thereof to the other party indicating why the other party is in substantial breach of its obligations hereunder. Unless the substantial breach is remedied within the said ten (10) day period, this Agreement shall be deemed terminated on the tenth day. b. EARLY TERMINATION IN RESPONSE TO COST INCREASES. The DISTRICT may terminate this Agreement by providing ten (10) days written notice to the AUTHORITY that it finds unacceptable any price increase imposed by the AUTHORITY as reflected in revisions to Attachment A. DISTRICT must give such written notice to AUTHORITY within ten (10) working days of the date of mailing of revisions to Attachment A by the AUTHORITY to the DISTRICT. c. OTHER EARLY TERMINATION. In addition to the rights to early termination provided above in Subsections 6(a) and 6(b), either party may terminate this Agreement upon thirty (30) days written notice to the other party, with or without cause. d. PAYMENT UPON TERMINATION. Upon termination of this Agreement under Subsections 6(a), 6(b), or 6(c) above, the AUTHORITY shall, within a reasonable period of time, deliver to DISTRICT all samples, test results, and reports in its possession relating to its work for DISTRICT together with a final billing. DISTRICT shall pay the billing within thirty (30) days of the receipt of same. -3- . e. SURVIVAL OF CERTAIN OBLIGATIONS. Notwithstanding termination of this Agreement under any subsection of this Section 6, the obligations of the DISTRICT and AUTHORITY to indemnify, defend and hold harmless each other shall survive and remain in full force and effect as to any suit or claim relating to the actions, or failure to act, of AUTHORITY or the DISTRICT during the effective term of the Agreement irrespective of when such suit or claim may be brought. 7. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter herein and neither party nor any of its agents or employees has relied on any representation or statement of the party except as specifically set forth herein. The Agreement may not be modified or amended except in a writing signed by all parties to the Agreement. 8. NOTICES. All communications, notices and demands of any kind which either party hereto may be required or may desire to give to or serve upon the other party or any office thereof or by enclosing it in a sealed envelope and depositing it in the United States mail, postage prepaid, registered, and addressed to the respective parties as follows: TO AUTHORITY: Encina Wastewater Authority 6200 Avenida Encinas Carlsbad, California 92009 Attention: Jeff Parks, Laboratory Supervisor TO DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, California 92008 Attention: Kurt Musser, PW Manager Utility Operations IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CT ENCINA WASTEWATER AUTHORITY as to Form: Approved as to Form: By: 1 \&aa-&/ District ounsel ATTACEMENT A Encina Wastewater Authority Laboratory FY 2000-2001 Fee Schedule For The Carl&ad Municipal Water District Estimated Cost for Drinking Water Analytical And Reporting Services Heterotrophic Plate Count Colilert Repofi Total Unit Price SampltS $5.00 43 z$7.50* 43 $25.00 1 Heterotrophic Plate Count Colilert Report Total Quarterly Unit Price Samples $5.00 516 $7.50” 516 $25 30 4 OPTIONAL: General Physical (Weekly) $10.00 43 General Physical (Quarterly) $10.00 516 * DISTRICT to supply Colilert Sample Bottles Total $215.00 $322.50 $ 25.00 $562.50 Total $2580.00 $3870.00 !§ 100.00 $6550.00 $430.00 $5 160.00 5- -.