Loading...
HomeMy WebLinkAbout1997-03-04; Municipal Water District; 351; Capacitive Deionization Pilot Plant Demonstration. . n 9 0 % % CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL AB# 3s MTG. 3- ‘d-q7 c DEPT. CMWD APPROVAL OF AGREEMENT WITH THE TITLE: UNITED STATES GOVERNMENT, DEPARTMENT OF ENERGY, FOR A CAPACITIVE DEIONIZATION PILOT PLANT DEMONSTRATION PROJECT - CMWD PROJECT NO. 95-302 0 I DEPT. HD. RECOMMENDED ACTION: Adopt Resolution No. ?‘& for approval of agreement between the Carlsbad Municipal Water District and the United States Government, Department of Energy, for a capacitive deionization pilot plant demonstration project, CMWD Project No. 95302. ITEM EXPLANATION: Lawrence Livermore National Lab (LLNL) has been experimenting for two years with a desalination process using capacitive deionization with carbon aerogel electrodes (CDI). Recently, LLNL constructed a pilot plant to test their CDI process at a larger scale than previous equipment would allow. On October 22, 1996, the Board approved funding in the amount of $66,000 to demonstrate the pilot plant in Carlsbad by testing its capability on brackish groundwater. A portion of the budget, in the amount of $41,000, was allocated to LLNL. Their budget provides for LLNL to deliver the CDI pilot plant, mounted in a trailer with instrumentation and control equipment, for a minimum’ time period of 4 weeks, and to prepare a written report based on a CMWD developed test protocol. CMWD personnel will operate the CDI process. The trailer will be located at the Encina Water Pollution Control Facility to access groundwater wells, electrical power and to perform laboratory testing. LLNL prepared and submitted an agreement to provide the services outlined in their CDI pilot plant testing proposal. LLNL through the University of California performs research under contract with the United States Government, represented by the Department of Energy (DOE). Therefore, the agreement is between the CMWD and the United States Government. The current schedule is for the pilot plant to be delivered to Carlsbad in March or April of 1997. LLNL will submit a draft report for our review and comment 30 days after completing the pilot plant testing program . FISCAL IMPACT: The CMWD will provide funding for this demonstration project based on the appropriation approved under Agenda Bill No. 347 on October 22, 1996. Upon approval of this agreement CMWD will receive funds from the San Diego County Water Authority in the amount of $32,940, and $5,000 from the Olivenhein Municipal Water District. The agreement calls for CMWD to pay LLNL the $41,000 in advance of the work being performed. ENVIRONMENTAL IMPACT: The demonstration project is exempt from the environmental review process as per Article 19 Categorical Exemptions Class 6. Page 2 of Agenda Bill No. sfl EXHIBITS: 1. Resolution No. #A to approve and authorize the agreement with the United States Government, Department of Energy, and Carlsbad Municipal Water District for a capacitive deionization pilot plant demonstration project., CMWD Project No. 95-302. 2. Agreement RE$OLUTlON NO. 962 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF ENERGY, FOR A CAPCITIVE DEIONIZATION PILOT PLANT DEMONSTRATION PROJECT - CMWD PROJECT NO. 95302 WHEREAS, an Agreement has been prepared between the Carlsbad Municipal Water District and the United States Government, Department of Energy, CMWD Project No. 95-302; and WHEREAS, the purpose of the agreement is for the District to pay the United States Government, Department of Energy the amount of $41,000 in advance for delivery of a capacitive deionization pilot plant to Carlsbad for the purpose of demonstrating its capability on brackish groundwater, and to receive a written report from LLNL on results from a District test program. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carisbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the agreement between the between the Carlsbad Municipal Water District and the United States Government, Department of Energy for a capacitive deionization pilot plant demonstration project, which is on file with the Secretary, is incorporated hereby reference, and is accepted. 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 3. That the President and the Secretary are authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 4th day of March , 1997, by the following vote to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretary (SEW CMWD 95301 EXHIBIT 2 . Exhibit A L-6894 : AGREEMENT BETWEEN THE UNITED STATES GOVERNMENT REPRESENTED BY THE DEPARTMENT OF ENERGY CARLSBAD MU-NICFL WATER DISTRICT The Regents of the University of California (University) and the United States Government (Government) represented by the United States Department of Energy (DOE) have entered into Contract No. W7405-ENG-48 which provides that the University will undertake certain research and development work for the Government in the field of energy. Tbe University acts by and through the Lawrence Livermore National Laboratory (LLNL) to carry out research programs under that contract. This agreement is entered into by and between the United States Government, represented by DOE, and CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter termed “Requester”) in order that the work described in the attached Statement of Work be performed II. TERM The term of this agreement shall begin when this agreement is executed by both parties and shall continue until February 1998. Services under this agreement may be terminated at any time by either party by providing 30- day written notice to the other party. In the event the agreement is terminated by DOE, the Requester shall bear the cost of the services incurred prior to the effective date of termination unless such charges have been waived by DOE. If the agreement is terminated by the Requester, the Requester shall bear the cost of services incurred by DOE prior to effective date of termination unless such charges have been waived. III. COST The estimated cost of the work contemplated is $ 41,OOO.OO. Neither the Government, nor DOE, nor persons acting on their behalf guarantee the correcmess of any estimate of cost for the performance of work, and there shall be no liability on the part of the Government, DOE, nor persons acting on their behalf by reasons of errors in the computation of estimates or differences between such estimates and the actual costs of the work. Except to the extent costs have been waived by DOE, the Requester shall pay DOE in advance for work performed hereunder on the basis of the DOE’s full cost recovery policy in effect as of the date of this Agreement. Work with an estimated cost of less than $25,OO% or to be completed within ninety (90) days, shall be paid in full prior to the initiation of work. Work with an estimated cost of $25,000 or more, or which will require ninety (90) days or more to complete, shall be paid in advance and in amounts sufficient to fund ninety days of work initially and thirty days thereafter. Work shall not commence until payment for the advance has been received. Billing, if any, will be made monthly on DOE’s behalf by LLNL in accordance with the established billing procedures. Payment shall be made within thirty days after receipt of invoice. Delinquent accounts shall be subject to the assessment of interest, penalties, and administrative charges in accordance with DOE financial policy. At the end of the project, all payments, including the advance payment, will be reconciled with actual costs incurred and any remaining balance will be refunded to the Requester. IV. SCOPE OF WORK - CWRD~A~ON AND ADMNSTRA~ON Except as otherwise advised by DOE, technical contact will be between representatives of the Requester and of Lawrence Livermore National Laboratory who will agree in writing upon the specific services to be provided to the Requester. By entering into this agreement, the Sponsor certifies that these services can only be obtained through the unique capabilities of the Facility and can not be procured reasonably and expeditiously by it through ordinary business channels. a. (1) “Subject Invention” means any invention or discovery of the Requester conceived or first actually reduced to practice in the course of or under this agreement, and includes any art, method, process, machine, manufacture, design or composition of matter, or any new and useful improvement thereof, or any variety of plants, whether patented or unpatented, under the Patent Laws of the United States of America or any foreign country. b. . osures and w (1) The Requester shall furnish the Patent Counsel (with notification by Patent Counsel to the Contracting Officer): (0 A written report containing full and complete technical information concerning each Subject Invention within six months after conception or first actual reduction to practice, whichever occurs first in the course of or under this agreement, but in any event prior to any sale, public use, or public disclosure of such invention known to the Requester. The report shall identify the agreement and inventor and shall be sufficiently complete in technical detail and appropriately illustrated by sketch or diagram to convey to one skilled in the art to which the invention pertains a clear understanding of the nature, purpose, operation, and to the extent known, the physical, chemical, biological, or electrical characteristics of the invention; (ii) Upon request, but not more than annually, interim reports on a DOE-approved form listing Subject Inventions for that period and certifying that all Subject Inventions have been disclosed or that there were no such inventions: and (iii) A final report on a DOE-approved form within three months after completion of the agreement listing all Subject Inventions that have been disclosed or stating that there were no such inventions. (2) The Requester agrees that the Government may duplicate and disclose Subject Invention disclosures and all other reports and papers furnished or required to be furnished pursuant to the agreement. C. (1) Assignment to the Government. The Requester agrees to assign to the Government its entire right, title, and interest throughout the world, in and to each Subject Invention, except to the extent that rights are retained by the Requester under paragraphs (c) (2) and (d) of this clause. (2) Greater rights determination. The Requester or the employee-inventor with authorization of the Requester may request greater rights than the non-exclusive license and the right to request foreign patent rights provided in paragraph (d) of this clause on identified inventions in accordance with the procedures and criteria of 41 CPR g-9.1096. A request for a determination of whether the Requester or the employee-inventor is entitled to retain such greater rights must be submitted to the Patent Counsel (with notification by Patent Counsel to the Contracting Officer) at the time of the first disclosure of the invention pursuant to paragraph (b) (1) of the clause or not later than nine months after conception of first actual reduction to practice, whichever occurs first, or such longer period as may be authorized by Patent Counsel (with notification by Patent Counsel to the Contracting Officer) for good cause shown in writing by the Requester. The information to be submitted for a greater rights determination is specified in 41 Cl3 9-9.109-6(e). 2 d. to the Rew The Requester reserves a revocable, non-exclusive, paid-up license in each patent application filed in any country on a Subject Invention and any resulting patent in which the Government acquires title. Revocation shall be in accordance with the procedure of paragraph (c)(2) and (3) of the clause in 41 CFR 9-9.107-5(a). The Requester also has the right to request foreign rights in accordance with the procedures of paragraph (c) (4) of the clause in 41 CFR 9-9.107-5(a). e. Cm Unless otherwise authorized in writing by the Contracting Officer, the Requester shall: (1) (2) (3) Obtain patent agreements to effectuate the provisions of the Patent Rights clause from all persons in its employ who perform any part of the work under this agreement except nontechnical personnel, such as clerical employees and manual laborers. Include DOE’s Patent Rights clause titled (“Patent Rights - Small Business Firms or Nonprofit Organizations - July 1981” based on Public Law 96-517) suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental or research work to be performed in the United States by a small business firm or a nonprofit organization. (Text of this clause is available from DOE Patent Counsel or Contracting Officer.) In all other subcontracts, regardless of tier, for experimental, developmental, demonstration, or research work, the Requester will include the Patent Rights clause of 41 CFR 9-9.107-5(a) or 41 CFR g-9.107-6 as appropriate, modified to identify the parties. Notify promptly the Contracting Officer in writing upon the award of any subcontract under this agreement containing a Patent Rights clause by identifying the subcontractor, the work to be performed under the subcontract, and the dates of award, and estimated completion. Upon the request of the Contracting Officer, the Requester shall furnish a copy of the subcontract to such Contracting Officer. f. Atomic m (1) No claim for pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954, as amended, shall be asserted by the Requester or its employees with respect to any invention or discovery made or conceived in the course of or under this agreement. (2) Except as otherwise authorized in writing by the Contracting Officer, the Requester will obtain patent agreements to effectuate the provisions of paragraph (0 (1) of this clause from all persons who perform any part of the work under this agreement, except nontechnical personnel, such as clerical employees and manual laborers. It is recognized that during the course of the work under this agreement the Requester or its employees may from time to time desire to release or publish information regarding scientific or technical developments conceived or first actually reduced to practice by Requester for its employees in the course of or under this agreement. In order that public disclosure of such information will not adversely affect the patent interests of DOE or the Requester, patent approval for release or publication shall be secured from Patent Counsel prior to any such release or publication. 3 . ’ VI. RIGHTSIN a. (1) “Technical Data” means recorded information regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental, demonstration, or engineering work to be usable or used to dedne a design or process, or to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents, or computer software (including computer programs, computer software data bases, and computer software documentation). Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identification and related information. Technical data as used herein does not include financial reports, costs analyses, and other information incidental to agreement administration. (2) “Proprietary Data” means technical data which embody trade secrets develiyd at private expense, such as design procedures or techniques, chemical composition materials, or manufacturing methods, processes, or treatments, including minor modiEcations thereof, provided that such data: (i) Are not generally known or available by the owner to others without obligation concerning their confidentiality. (ii) Have not been made available by the owner to others without obligation concerning their confidentiality, and (iii) Are not already available to the Government without obligation concerning their confidentiality. (3) “Contract Data” means technical data first produced in the performance of the agreement, technical data which are specified to be delivered in the agreement, technical data that may be called under the “Additional Technical Data Requirements” clause of the agreement, if any, or technical data actually delivered in connection with the agreement. (4) “Unlimited Rights” means rights to use, duplicate, or disclose technical data, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so. b. . Alloaon of nghts (1) The Government shall have: (i) Unlimited rights in technical data Erst produced or specifically used in the performance of this agreement; (ii) The right of the Contracting Officer or his representative to inspect at all reasonable times up to three (3) years after final payment under this agreement all technical data first produced or specifically used in the agreement (for which inspection the Requester shall afford proper facilities to DOE); (iii) ‘Ihe right to have any technical data first produced or specifically used in the performance of this agreement delivered to the Government as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this agreement. 4 _- ’ . (2) The Requester shall have: The right to use for its private purpose, subject to patent, security or other provisions of this agreement, technical data it first produces in the performance of this agreement provided the data requirements of this agreement have been met as of the date of the private use of such data. The Requester agrees that to the extent it receives or is given access to proprietary data or other technical, business or financial data in the form of recorded information from DOE or a DOE contractor or subcontractor, the Requester shall treat such data in accordance with any restrictive legend contained thereon, unless use is specifically authorized by prior written approval of the Contracting Officer. C. (1) The Requester agrees to, and does hereby grant to the Government, and to its officers, agents, servants and employees acting within the scope of their duties; (i) A royalty-free, non-exclusive, irrevocable license to reproduce, translate, publish, use, and dispose of and to authorize others to do so, all copyrightable material first produced or composed in the performance of this agreement by the Requester or its employees or any individual or concern specifically employed or assigned to originate and prepare such material; and (ii) A license as aforesaid under any and all copyrighted or copyrightable works not first produced or composed by the Requester in the performance of this agreement, but which are incorporated in the material furnished under the agreement, provided that such license shall be only to the extent the Requester now has, or prior to completion or Enal settlement of the agreement may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such agreement. (2) The Requester agrees that it will not knowingly include any material copyrighted by others in any written or copyrightable material furnished or delivered under this agreement without a license as provided for in subparagraph (1) (ii) hereof, or without the consent of the copyright owner, unless it obtains specific written approval of the Contracting Officer for the inclusion of such copyrighted material. VII. INDEMNITY Neither the Government, DOE, the University, nor persons acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage, or injury of any kind whatsoever resulting from the performance of services or furnishings of materials hereunder. Neither the Government, DOE, the University, nor persons acting on their behalf makes any warranty, express or implied (1) with respect to the accuracy, completeness or usefulness of any information furnished hereunder, (2) that the use of any such information may not infringe privately owned rights, (3) that the services, materials, or information furnished hereunder will not result in injury or damage when used for any purpose, and (4) that the services, materials or information furnished hereunder will accomplish the intended results or are safe for any purpose including the intended purpose. Neither the Government, DOE, the University, nor persons acting on their behalf will be responsible, irrespective of cause, for failure to perform the services or furnish the materials or information hereunder. ‘The Requester agrees to indemnify and save harmless the Government, DOE, the University, and persons acting on their behalf from (1) all liability, including costs and expense incurred, resulting from the Requester’s use or disclosure of any information in whatever form, timished hereunder, and (2) all liability to any person including the Requester for injury to or death of persons or other living things or injury to or destruction of property arising out of performance by the Government, DOE, the University, or persons acting on their behalf, and not directly resulting from the fault or negligence of the Government, DOE, the University, or persons acting on their behalf, or arising out of the use of the services performed, material supplied, or information given hereunder by any person including the Requester. The foregoing provisions shall have no application to public liability for nuclear incident as defined and provided for in the Atomic Energy Act of 1954, as amended. The Requester agrees to indemnify the Government, DOE, the University, and person acting on their behalf against liability of any kind (including costs and expenses incurred) for the use of invention or discovery and for the infringement of any Letters and Patent (not including liability, arising pursuant to Section 183, Title 35 (1952), U.S. Code, prior to the issuance of Letters and Patent) occurring in the performance of this contract, VIII. * The intellectual property rights acquired by the Requester under this agreement shall also be subject to any additional terms and conditions of any other agreement, contract, grant or arrangement with the Government through which the Requester or its employee(s) receive(s) funding, support or approval for the work performed under this agreement. IX. REOUESTERPERSONNEI, Full responsibility for the conduct and safety of Requester personnel at University sites during performance of the work shall be and remain with Requester. Requester shall maintain Workmen’s Compensation Insurance in an amount sufficient to cover such personnel under this Agreement. x. The following standard Government clauses are incorporated herein by reference of appropriate sections of the Federal Acquisitions Regulations and apply as if set forth herein in full: Convict Labor (FAR 52.222-3) Covenant Against Contingent Fees (FAR 52.203-5) Equal Opportunity (FAR 52.222-26) Officials Not to Benefit (FAR 52.203-l) Contract Work Hours and Safety Standards Act - Overtime Compensation - General (FAR 52.222-4) In witness whereof the parties hereto have executed this agreement. THE UNITED STATES DEPARTMENT OF ENERGY Title : CONTRACTING OFFICER CARLSBAD MUNICIPAL WATEZ DlSTEUCl’ Title CLAUDE A. LEWIS, PRESIDENT jate ST.ITEME;XEs;; WOFtK J.x+i 5, 1996 LLNL proooses to deliver a piioc scale (31 unit to the C&bad Municipal Wa~r District (CMWD) “for a joint field evahxuion of the CD1 process. This unit would be mobile and self-contained. It would be mountes in a trader, requinhg only water and power hook- ups. Site preparation and water/powel c 5ookuus will be provided by CMWD. Both the eiecuonic conuoi pac.k+ (JP and the CD1 sacks-would be contained in tie tier and thus sheltered from the elements. This Iunit would be abie to process not less than appro,ximately 1500 GPD at 1500 ppm TDS, containin, 0 approxi.mate!y 1300 sq. ft of carbon aerogei e!ecuode material. CMWD will choose the site for demonstration. representative of the water characteristics which they GUI access in their dis-nict. Tne CD1 um would be operated for a minimum of 4 we&s at the site, exclusive of set-up and disconnection. A provision is included io return the CD1 equipment after a minimum of 2 we&s of operation if reauested by LLXL. Additional demonstration time would be decided based on subsequent av&labiliry of the apparatus and performance over the first 4 weeh. The unit will be initictlly manned by LLNL, and sufficient training given to CMWD personnei to oversee its routine operation for the majority of the demonstration run; LLKL personnel would be available on call. The unit will not be operated on weekends. A suitable feed stream will be provided by CMWD into the CD1 unit. Input and output conductivity wiIl be measured, both durmg treatment and during rejuvenation. Periodic sampies, also during both processing and rejuvenation, from both input and output will be drawn for subsequent chemical analysis. The CDT output will be coUec:ed and handled by CMWD with respect to subsequent utilization, processin, * and re@atory requirements. The C&bad Municipal Water District is responsible for any associated pe,tirs involved in this demonstration. A representative water sample will be sent to LLXL by CMWD at Ieast 30 days prior to the actual field demonstration. Based on this analysis, LLXL and CMWD personnel will argree on the level of pretreatment necessary (if any) prior to introduction to the CD1 unit. A f5naI report wilI be prepared for CMWD and subsequent joint publication in the tedmicd literature. This final report will be submitted to CMWD in draft form no Iater than 30 days conc!uding the field demonstration. The CMWD will be allowed to review the draft report for a period of - 7 weeks and submit any comments to LLNL. The fmal report shall be submitted within 30 days thereafter. The test protocol will be prepared by C&ND. The actual date of the CDI Geld demonstration will be determined by mutual a_greement between CMWD and LL&L, but will be no sooner than during the month of hnuary, 1997. The Classification Ofice confirms that this d#ihpont is UNCWS- 3nd contains no February 6, 1997 TO: KAREN KUNDTZ, DEPUTY CITY CLERK FROM: William E. Plummer, District Engineer AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF ENERGY FOR A CAPACITIVE DEIONIZATION PILOT PLANT DEMONSTRATION PROJECT, CMWD PROJECT NO. 95-302 Attached are three original agreement scheduled for review and approval by the Board of Directors on agenda bill and resolution scheduled for the February 18, 1997, Board of Directors Meeting. Upon approval of the Board, please have the agreements signed by Claude A. Lewis, President and attested by Aletha Rautenkranz, Secretary. Please retain one original copy of the agreement for your files and return to other two original copies to Sandy Shuck, CMWD Engineering Department, for placement of one in the project file and to return one to Lawrence Livermore National Laboratory for their records. If you have any comments or require any additional information, please give me a call at ext. 128 Sincerely, -WILLIAM E. PLUMMER, P.E. District Engineer WEP:sjs attachment (3) CMWD 94-403