HomeMy WebLinkAboutAGMT - Orange County Sanitation District (FOG Study) ... X oy ORANGE COUNTY SANITATION DISTRICT
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November 25, 2003 tia 0
John Bahorski, City Manager 6
City of Seal Beach
phone: 211 8th Street P.)//1 I
(714)962-2411 Seal Beach, CA 90740-6305
fax:
(714)962-0:156
www.ocsd.com SUBJECT: Agreement for Phase II of the FOG Control Study
mailing address:
P.O. Box 8127 Enclosed are two copies of the City of Seal Beach's agreement for the contribution
Fountain Valley,CA
92728-8127 for Phase II of the Fats, Oils, and Grease (FOG) Control Study that will be managed
street address: by the Orange County Sanitation District (District) on behalf of the County of Orange,
10844 Ellis Avenue cities, and sanitation agencies in north and central Orange County to help meet the
Fountain Valley,CA General Waste Discharge Requirements (Order) issued bythe Santa Ana Regional
92708-7018 9 q g
Water Quality Control Board.
Member The co-permittees to the Order have previously agreed to conduct a FOG Control
Agencies Study to determine the essential elements ("building blocks") for developing effective
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FOG control programs. Phase II involves field-testing of selected FOG control
cities technologies identified in Phase I before they are considered for adoption in local
Anaheim FOG control programs and ordinances. Additional follow-up issues from Phase I will
Brea also be addressed in Phase II, subject to budget constraints. Some of the follow-up
Buena Park
Cypress issues are efficient kitchen best management practices; education and outreach;
Fountain Valley program costs, fees, and incentives; monitoring and enforcement; standardized
Fullerton
Garden Grove grease interceptor plumbing, design, and sizing criteria; waste grease tracking; and
Huntington Beach private later sewer line cleaning notification.
Irvine
La Habra
La Palma Please have the agreements signed and returned with th.: fair-share contribution to
Los Alamitos the following:
Newport Beach
Orange
Placentia Orange County Sanitation District
Santa Ana
Sea!al Beach P.O. Box 8127
Stanton Fountain Valley, CA 92728-8127
Tustin
Villa Park ATTN: Mark Kawamoto, Source Control Division
Yorba Linda
County of Orange If you or your staff have questions, please contact Mark Kawamoto at
(714) 593-7424.
Sanitary Districts '
i Costa Mesa ke-7 pP fl( '
Midway City
Water Districts Blake P. Anderson
•
Irvine Ranch General Manager
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G:\wp.dta\ts1640\FOG\Drafts\Phase II Agreements to Co-Permittees Merge.doc
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W-,:'. Enclosure
` c: George Bernard, City of Seal Beach
Mahin Talebi, OCSD
1: ,,.. To maintain world-class leadership in wastewater and water resource management.
AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the day of
,2003, by and between:
ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "OCSD ";
AND
Ci . /f of-real e each• , hereinafter referred to as
AG EN CY,
collectively referred to herein as the "Parties ".
RECITALS
WHEREAS, OCSD is the regional agency with primary responsibility for
collecting, treating, and disposing of wastewater in central and north Orange County,
California, and within the jurisdiction of the California Regional Water Quality Control
Board - Santa Ana Region, hereinafter referred to as "RWQCB -SA "; and
WHEREAS, from January 2000 through August 2001, there were approximately •
250 sewer system overflows ( "SSOs ") within Orange County, of which almost 75
percent were from sewer collection systems owned by cities and local wastewater.
agencies During this same period, there were 31 beach closures due to SSOs, of
which 17 were from systems owned by cities and local wastewater agencies. The
most prevalent cause of the SSOs is grease accumulation in the small to medium
sewer lines commonly known as and hereinafter referred to as "local collector sewers."
These local .collector sewer lines are owned and operated by . cities and local
wastewater agencies, with the exception of those located in the unincorporated area
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- known as North Tustin and in the City of Tustin, where OCSD also provides the local
collector sewer service; and
WHEREAS, the 2000 -01 Orange County. Grand Jury ( "Grand Jury")
investigated SSOs County -wide and published its Findings in April, 2001 in a Report
entitled, Sewage Spills, Beach. Closures - Trouble in Paradise. The Grand Jury
identified as the main cause of SSOs, sewer pipes clogged with grease from
restaurants and high- density residential areas (e.g., apartment complexes). The
Grand Jury also suggested that a regional coalition be formed to resolve the SSO
problems and develop a regional, consolidated approach to controlling grease, which,
if implemented, would encompass areas outside of the jurisdiction of the RWQCB -SA
and within the jurisdiction of the Regional Water Quality Control Board -San Diego
( "RWQCB -SD "); and
WHEREAS, to address a portion of the County -wide SSO incidents, the
RWQCB -SA has adopted its Order No R8- 2002 -0014, General Waste Discharge
Requirements (the "Order "), requiring cities and local wastewater agencies within its
jurisdiction in northern and central Orange County to monitor and control SSOs. The
Order names OCSD as one of 31 Co- Permittees and as a facilitator agency to assist in
obtaining regional compliance with the Order by all Co- Permittees. The Co- Permittees
include 16 cities and. 13 local wastewater agencies that provide sewer service in
northern and central Orange County (although the City of Los Alamitos is named in the
Order, the RWQCB -SA is expected to remove it from the Order because it does not
provide sewer service in its jurisdiction; sewer service in Los Alamitos is provided by
the Rossmoor -Los Alamitos Area Sewer District). Agency is one of the Co- Permittees.
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As part of the Order, each Co- Permittee is also required to develop a "Fats, Oil, and
, Grease Source Control Program ( "FOG Control Program ") by December 30, 2004. To
enable the development of FOG Control Programs that are practical, equitable, and
implementable by all Co- Permittees, . OCSD has proposed to conduct a study - to
evaluate FOG control technologies, practices, and programs, and based thereon, to
develop technical and administrative practices and procedures, together with the
elements or building blocks to implement the FOG Control Programs; and
WHEREAS, the Co- Permittees have determined that the interests of all
developed areas within the County of Orange would be best met by conducting a
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County -wide, comprehensive FOG Control Study ( "Study ") to develop a .consistent,
practical, and equitable approach to FOG control throughout Orange County, including
the jurisdiction of Co- Permittees. The Study was divided into two phases. Phase I is a
research Study that evaluates the current FOG control practices, technologies, and
programs in the United States. Phase II is a follow up to the findings of Phase I and
would involve field - testing of selected FOG control technologies identified in Phase
before they are considered for adoption in local FOG control programs and
ordinances. Additional follow -up issues may be addressed in Phase II, subject to
budget constraints. Some additional follow -up issues include: Efficient Kitchen Best ,
Management Practices;` Education and Outreach; Program Costs, Fees, and
Incentives; Monitoring and Enforcement; Standardized Grease Interceptor Plumbing,
Design, and Sizing Criteria; Waste Grease Tracking; and Private Lateral Sewer Line
Cleaning Notification; and
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• •
WHEREAS, the Study, managed centrally by OCSD, will result in significant
cost savings to the Co- Permittees. The expected cost of this consolidated approach to
develop and conduct the Study, is $600,000.00, which represents a significant cost
savings, to the Co- Permitees compared with the estimated cumulative cost of
$3,000,000.00 to $5,000,000.00 if all Co- Permittees conducted individual studies;. and
WHEREAS, to meet the December 30, 2004 deadline, interim schedules,
resource requirements, and other constraints, OCSD has contracted for professional
services with Environmental Engineering & Contracting, Inc. ( "EEC "), to conduct the 2-
Phase Study. The cost for Phase I of the Study was $268,000.00. Phase
commenced in May 2002, and was completed during Fiscal Year 2002 -03. Phase II
will commence on or about December 1, 2003, and will be completed during Fiscal
Year 2003 - 2004. _ The cost for Phase II of the Study is approximately $300,000.00;.
and
WHEREAS, the parties have agreed in principle to contribute towards the cost -
of performing Phase II of the Study subject to the fair -share allocation of the costs for
Phase II based, upon Co- Permittee population.
AGREEMENT
NOW, THEREFORE, OCSD and AGENCY agree as follows:
Section 1: OCSD shall contract with EEC for purposes of conducting Phase
II of a Fats, Oils, and Grease Control Study in an amount not -to- exceed $300,000.00.
Section 2: AGENCY acknowledges that OCSD has been designated as one
of the Co- Permittees and as a facilitator among the Co-Permittees, by the RWQCB-
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SA, to assist in obtaining compliance by each of the Co- Permittees with RWQCB
Order No R8- 2002 - 0014:
Section 3: OCSD shall be solely responsible for the administration of the
above- referenced Professional Services Agreement between OCSD and EEC,
wherein EEC will undertake a: scientific study to perform evaluations and field testing
of three technologies that. Phase I identified as having potential success in controlling
FOG in pilot tests and applications. :
Section 4: AGENCY agrees that it shall pay the sum of $ 21572 _ to
OCSD as its proportionate share, based on AGENCY's population, of the cost of
Phase. II of the Study.. It is intended that the balance of the cost of Phase 1I of the
Study will be paid by the other Co- Permittees according to their respective
proportionate shares identified in. Exhibit A attached hereto.
Section 5: AGENCY shall pay. OCSD the sum due, concurrently upon
execution and delivery of this Agreement.
Section 6: • Upon collection by OCSD of the proportionate shares from Co-
Permittees participating in the Phase II Study, if the funds collected total a sum below
the estimated costs of $300,000.00, OCSD shall determine at its own discretion to
adjust the scope of the Phase II Study commensurate with the funding available.
Additionally, if OCSD determines that the funding available is below the cost of a
reasonable and useful Phase II Study, OCSD may, in its discretion, decline to proceed ,
with the Study. If OCSD. declines to proceed, the funds collected from the Agency
pursuant to this Agreement shall be refunded by OCSD, without interest, within thirty
(30) days of OCSD's decision not to proceed with the Phase II Study.
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Section 7: All reasonable administrative costs to coordinate and manage the
Agreement with EEC shall be borne by OCSD.
Section 8: OCSD shall be solely responsible to ensure full compliance and
completion by EEC of all services within the scope of work for the Phase II Study, and
approval of the Final Report from the Study shall rest in the sole discretion of OCSD.
Section 9: AGENCY shall receive a copy of the Final Report from OCSD
immediately following approval and acceptance of the Report by OCSD.
Section 10: AGENCY agrees to cooperate with OCSD and representatives of.
EEC, in providing information as requested by OCSD and /or EEC in the performance
of Phase II of the Study.
Section 11: AGENCY shall not be obligated in any manner by this Agreement,
to implement any finding or recommendation set forth in the Final Report for the Phase
II Study.
Section 12: OCSD shall administer all payments to EEC due under the terms
of the Phase II Agreement between OCSD and EEC from the funds collected from Co-
Permittees pursuant to this Agreement.
Section 13: It is the intention of OCSD and AGENCY that each party shall
bear responsibility for the negligence, if any, of its respective officers, employees,
agents, representatives, and successors -in- interest.
OCSD agrees to hold harmless, defend, and indemnify AGENCY, its officers,
employees, agents, representatives, and successors -in- interest against any and all
loss, damage, cost, or expense that AGENCY, its officers, employees, agents,
representatives, and successors -in- interest may incur or be required to pay by any
170479_1
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reason of any injury or property damage caused or incurred by OCSD or their officers,
employees, agents, representatives, or contractors arising out of or in connection with
this contract, excepting that portion of such Toss, damage, cost, or expense caused or
incurred by AGENCY.
AGENCY agrees to hold harmless, defend, and indemnify OCSD, its officers,
employees, agents, representatives, and successors -in- interest against any and all
loss, damage, cost, or expense that OCSD, its officers, employees, agents,
representatives, and successors -in- interest may incur or be required to pay by any
reason of any injury or property damage caused or incurred by AGENCY or their
officers, employees, agents, representatives, or contractors arising out of or in
connection with this contract, excepting that portion of such Toss, damage, cost, or
expense caused or incurred by OCSD.
This indemnity ,does not apply to any work, action, or decisions by. OCSD or
AGENCY to implement any part or provision of the Program, as recommended by
contractor, EEC.
Section 14: Each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and bind
each respective Party.. :.
Section 15:. All notices, demands, invoices, and written communications
required to be provided under this Agreement, shall be delivered -at the following
addresses or such other addresses as the Parties may designate by written notice:
If to AGENCY: ,Glf}y of --Sec/ ig2aci4
4#n: .70O»" 6 a harski
.2I/ Bah s4•
sea / .Bt 4cti, col po790
170479_1 7
With Copy To Ciyof Sig/ BeacA
Attention: 1,044-i Oat s
,t // 8 64 1 Sf
Sea/ ae€ h, 9n71/0 -
If to OCSD: Orange County Sanitation District
Attention: Mark Kawamoto
P.O. Box 8127
Fountain Valley, California 92728 -8127
With Copy To: Director of Technical Services
Orange County Sanitation District
P.O. Box 8127 -
- Fountain Valley, California. 92728 -8127
Depending on the method of .transmittal, notice shall be deemed received as follows:
by facsimile or other electronic transmission, as of the date and time sent, based on
electronic confirmation of receipt; or by messenger, as of the date delivered; or by U.S.
Mail first class postage prepaid, as of seventy -two (72) hours after deposit in the U. S.
Mail.
Section 16: It being agreed that both Parties or their agents have participated
in the preparation of this Agreement, the language of this . Agreement shall be
construed according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days, or period for performance shall be deemed calendar days
and not work days.
Section 17 No supplement, modification, or amendment of this Agreement -
shall be binding unless executed in writing and signed by the Parties.
Section 18: No waiver of any default shall .constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,
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benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual right by custom, estoppel, or otherwise.
Section 19: Each and all of the covenants and conditions shall be binding on
and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This Section shall not be construed as an authorization
for any Party to assign any right or obligation under this Agreement.
Section 20: . Should any part of this Agreement be declared by a final decision
by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond
the authority of either party to enter into or carry out, such decision shall not affect the
validity of the remainder of this Agreement, which shall continue in full force and effect,
provided that the remainder of this Agreement, absent the unexcised portion, can be
reasonably interpreted to give effect to the intentions of the parties:
Section 21: Time is of the essence in this Agreement, and the Parties agree to
execute all documents and proceed with due diligence to complete all covenants and
conditions.
Section 22: This Agreement may be signed in counterparts, each of which
shall constitute an original and which collectively shall constitute one instrument.
Section 23: This Agreement contains the entire. Agreement between the
Parties and supersedes any prior oral or written statements or Agreements between
the Parties..
Section 24: This Agreement shall become effective on the date first set forth
above.
[SIGNATURE PAGE FOLLOWS]
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�.
IN WITNESS WHEREOF, OCSD and AGENCY have each caused this
Agreement to be executed by its duly authorized representative on the day and year
set forth above.
ORANGE COUNTY SANITATION DISTRICT
By
Blake P. Anderson, General Manager
By
Secretary, Board of Directors
Ti - Gi / 0/7 r'
By
Title Cf, Clerk
Attachment: FOG Phase I I Cost Fair Share Allocations
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FOG PHASE II COST FAIR SHARE AL OCATIONS
,_.... Jur>ISdictio .. Population = . Cost Pop ".( .
Anaheim 334,700 $34,985 ', .
Buena Park 79,800. $8,341
m 7 '"'"" 5 a •
• °..,.C;osta K9.87 �% �1 _ g 110 700' r $11 571 .
Cypress 47,255 $4,939
. ltd"" 3 ra i �� { f
Fountain Valtey.�,.0 ._..' # 55,900
Fullerton 129,300
$13,515
� = s. "-„ "` y' k y - -' ' _ ': �-:*_ ..ter -
Garderi Grove b 168;600 $17,023 •
• Huntington Beach 194,600 $20,341 •
r 5' � � „+ 7 a4 3� �s�r 4 '. �s : � ,cr T�" E' #* ,. - - -
Iru�ne.,�� _M ... ;.._'157,500, $16463
La Habra 60,700 $6,345
• • La f?A..0 — ...: . � .0 _ _.y M ,.. 16,000. . 1,672
Los Alamitos , 11,700 $1,223
Newpor#Beach % ��?; �$8049
Orange 132,900 • $13,892
• � 4 48 300 %' $5 049
Santa -Ana 343,700 $35,926
Stanton 38,100 $3,982
•
Tustin „�. �. �� � fi9, d ?�a223
Villa Park 6,175 $645
UUestminster t ..,..e,A. .`..__ 89;700f x$9;376
Yorba "Linda 24,320 $2,542
Yorba Linda WD iN 36,x480 10%1$0.1.141
• Subtotal 2,296,075 $240,000
•
Co y of O r a nge f k � $3 000
- ._.. .., n . xr ° ».4x sa € .,,. �. ..,. 'b�'xT w... - 1 ...�..»„s.ww ,h
- OCSD $30,000
� �
v Grand Totai. N ...$300Q
' "Cost(Pop) = Populat (Cost Basis - 20 %)2
• ? OCSD and Oran Count as re a agreed, ,
to contribute 10% each towards the cost of Phase 11.
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(€06-r )
Attachment
NOTICE OF INTENT FOR PARTICIPATION IN
PHASE II OF THE FOG CONTROL STUDY AND THE SSO DATABASE
Date: June 2, 2003
❑ The City of Seal Beach will participate in Phase II of the FOG Control Study
(Study) and SSO database and agrees, therefore, to co -fund both through a "fair
share" population -based formula. I understand that Agency's share is
approximately $3,789 based on a population of 24,700 and a proposed FOG Phase II
and SSO Study cost of $330,000. The SSO share is a flat fee based on the estimated
$30,000 cost of developing the database. I have reviewed the population estimate
and:
❑ It is correct to use the funding formula
I understand that based on this input and upon receipt of the notices of intent from
the co- permittees, a final decision will be made whether to proceed and a funding
share estimate will be provided, based on a final evaluation of the level of
participation and funding needs.
I understand Phase II administration by the Orange County Sanitation District
(District) and contracting consultant services are subject to approval and
authorization by the District's Board of Directors.
Please be advised that fmal commitment of participation by Agency is
subject to approval by City_Council and will occur upon Board execution of
an understanding between the agency and the District. I understand that the
District will not enter into a contract with the consultant conducting Phase II
until all funding is received from participants.
Also, I understand that Phase II is a continuation of Phase I and, therefore, it will be
conducted by the same consultant, namely Environmental Engineering and
Contracting, Inc.
❑ The City of Seal Beach will participate in Phase II of the FOG Control Study and
SSO database.
697 / 6
Jo i': ahorski City Manager
ame (Please Print) Title
Return form to: Adriana Renescu, Source Control
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92728 -8127