HomeMy WebLinkAboutMINUTES - 12131994 - 1.21 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: DECEMBER 13, 1994
SUBJECT: APPROVAL OF A JOINT POWERS AGREEMENT FOR THE RISK MANAGEMENT AND
PREVENTION PROGRAM FOR WATER AND SEWER TREATMENT FACILITIES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Joint Powers Agreement with participating agencies for the preparation and submission
of a Risk Management and Prevention Program (RMPP)for water and sewer treatment facilities.
II. Financial Impact:
None.
III. Reasons for Recommendations and Background:
The Joint Powers Agreement will designate East Bay Municipal Utilities District (EBMUD), subject,to
approval by the Steering Committee, to complete the RMPP for each of the water and sewer treatment
facilities in accordance with the guidelines prescribed by the Contra Costa County Health Services
Department(CCCHSD). The CCCHSD requires all participating agencies to adhere to the Health and
Safety Codes as they apply to waste water or water treatment facilities. The participating agencies,
which also comprise the Steering Committee, include the Cities of Antioch, Brentwood and Martinez;
Contra Costa Water District; County Sanitation District No. 19 (Discovery Bay); EBMUD; and West
County Waste Water District. The purpose of this agreement is to fulfill the requirements of the RMPP,
resulting in lower costs of document preparation through a sharing of the overall costs.
IV. Consequences of Negative Action:
Negative action will cause a delay in approval of the RMPP.
Continued on Attachment: SIGNATURE: y
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ULL 3 W4 APPROVED AS RECOMMENDED OTHER
I hereby certify that this Is a true and correct Copyof
an action taken and entered on the minutes of the
Board of Sup Te date shown.
ATTESTED: Tim 1
PHIL BATCHELOR, cierk of the Board
of supervisors and county
�Administrator
VOTE OF SUPERVISORS By Q Deputy
— UNANIMOUS(ABSENT ) —
AYES: NOES:
ABSENT: ABSTAIN:
SE:pe
g:\fldctl\spdist\bo\JPA 13.t12
Orig. Div: Public Works(SD)
Contact: S. Epperly, 313-2253
JOINT POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT (JPA) is entered into by and
among those public agencies which have executed this Agreement
and whose names appear on the signature page of this Agreement
( "Participating Agencies") , and shall be operative at such time
as at least three of the Participating Agencies, including the
East Bay Municipal Utility District (EBMUD) , have executed this
Agreement, provided this is done not later than September 19,
1994 .
This Agreement is entered into in consideration of the
following matters .
A. Pursuant to Section 6500 et seq. of the Government Code
of the State of California (the "JPA Act" ) , which provides that
two or more public agencies may by agreement jointly exercise any
power common to the contracting parties .
B. Pursuant to Health and Safety Code, Chapter 6 . 95,
Article 2 , Sections 25531 through 25541, the Contra Costa. County
Health Services Department (CCCHSD) requires all of the
Participating Agencies to prepare and submit a Risk Management
and Prevention Program (RMPP) for each of their facilities in
accordance with CCCHSD RMPP guidelines by March 31, 1995 .
C. Among other things, the CCCHSD RMPP guidelines require
businesses handling an Acutely Hazardous Material (AHM) in
sufficient quantity to establish and document programs and
procedures which are designed, based on results of a Hazard and
Operability Study (HAZOP) , Seismic Assessment, and Off-Site
Consequences Analysis (OSCA) , to prevent and prepare for
accidental releases of AHMs and to protect the public.
D. Each of the Participating Agencies is legally obligated
to comply with the RMPP requirements and is authorized to
operate, and operates, either water or wastewater treatment
facilities .
E. It is to the benefit of all Participating Agencies to
share the costs of having all aspects of the RMPPs carried out by
a single entity responsible for conducting common HAZOP and OSCA
analyses, and preparing separate, individual RMPP Documents
meeting the approval of CCCHSD, for each facility. .
F. The formation of a Committee of the Whole and a
Steering Committee in the manner hereafter provided will protect
the interests of the parties to this Agreement .
NOW, THEREFORE, the parties do agree as follows :
1 . Purpose of Agreement .
The purpose of this Agreement is to fulfill the requirements
of the Participating Agencies to prepare and submit individual
RMPP Documents, for each facility, to the CCCHSD in compliance
with requirements specified in the Health and Safety Code,
through joint participation.
EC227.1024_0 (08/25/94) Page 1
2 . Agency to Administer Agreement .
EBMUD is hereby designated as the agency responsible for
overseeing the administration and execution of this Agreement by
Arthur D. Little, Inc. ( "Consultant") . It shall have the
following responsibilities.
(a) Subject to the prior approval of the Steering
Committee, as hereafter provided, EBMUD shall enter into such
agreements as it determines necessary to complete the RMPPs in
compliance with the CCCHSD RMPP requirements, including
agreements with one or more of the Participating Agencies, if
required.
(b) Consultant shall be responsible for the day-to-day
administration of this Agreement and shall be obligated to
maintain appropriate books of account which, among other things,
shall specifically identify the costs incurred in implementing
this Agreement and the basis upon which those costs are allocated
among the Participating Agencies . These books of account shall
be subject to inspection by all of the Participating Agencies at
.all reasonable times . EBMUD shall be responsible for overseeing
the Consultant in the performance of these tasks .
3 . Effective Date, Term and Additional Parties .
This Agreement shall become effective at such time as it is
executed by three Participating Agencies, including EBMUD, and
shall remain in effect until its purposes have been ,accomplished,
or until March 31, 1996, whichever should occur later. Each
Participating Agency shall immediately, following execution of
this Agreement, forward in writing to EBMUD the name of the
designated primary representative, and an alternate, and a list
of its treatment facilities to be included in the JPA.
In the event that the purposes of this Agreement have been
fulfilled prior to March 31, 1996, EBMUD shall confirm such fact
with each of the Participating Agencies and shall thereupon
proceed to conclude its affairs as agent for the Participating
Agencies in the manner hereafter provided.
Any public agency in Contra Costa County exercising the .
common power to handle an AHM at a water or wastewater treatment
facility and to prepare a RMPP for the facility may become a
member and party to this Agreement .by executing a copy of this
Agreement by its proper officers pursuant to authority conferred
by resolution of the governing body of the public agency subject .
Thereupon, the member shall file a duly executed copy of the
Agreement signature page, together with a certified copy of said
resolution, with EBMUD.
4 . EBMUD Primary Contact .
Senior Environmental Compliance Specialist Susan Suzuki
shall be responsible for liaison and coordination between EBMUD
and the Participating Agencies. Consultant shall coordinate its
activities associated with preparation of the RMPPs, or any
Special Benefit Projects, directly with the Participating '
EC227.1024_0 (08/25/94) Page 2
Agencies and other parties including the Southern California
Water Company and CCCHSD. All communications to EBMUD shall be
addressed to:
Ms . Susan Suzuki
East Bay Municipal Utility District
P.O. Box 24055, MS#704
Oakland, CA 94623-1055
5 . . Powers of EBMUD.
EBMUD shall, ,in overseeing administration of this Agreement
and subject to the prior approval of the Steering Committee as
herein provided, have the power in its own name to make and enter
into contracts, to employ agents and employees, and to incur
debts, liabilities or obligations necessary for the
accomplishment of the purposes of this Agreement and to enable
eligible private parties to participate in the benefits and costs
of this Agreement as appropriate . It is hereby acknowledged that
as of the date of the execution of this Agreement, EBMUD has
entered into a separate agreement with Southern California Water
Company (SCWC) , a private water company, to share in the services
provided by the Consultant under this Agreement and the costs
thereof .
6 . Committee of the Whole and Steering Committee
(a) The chief administrative officer of each
Participating Agency, his designee or other appropriate official,
shall appoint from among its employees, a representative to act
on its behalf as a member of the Committee of the Whole and an
alternate to serve in the absence of the primary representative,
and shall advise EBMUD of the name of the appointees by written
_notice . The primary representative or alternate may be changed
by written notice to EBMUD from the chief administrative officer,
his designee or other appropriate official . Each member of the
Committee of the Whole shall possess one vote and said Committee .
shall serve in an advisory capacity to EBMUD, to the Steering
Committee, and to such other Participating Agencies as shall seek
its counsel .
(b) The Steering Committee shall be composed of, and
be responsive to, members of the Committee of the Whole and shall
have the responsibility to meet together for the purpose of
proposing to EBMUD appropriate agreements which will enable EBMUD
to carry out its responsibilities under this Agreement . Such
action shall be taken by majority vote of those present provided
there is a quorum.
The Steering Committee shall consist of three
Participating Agencies : Contra Costa Water District, EBMUD, and
West County Wastewater District . If a Steering Committee member
is unable to attend a meeting, that Agency' s appointed alternate
may serve on the Steering Committee in the primary
representative' s absence, with full vote. If one of the Agencies
EC227.1024_0 (08/25/94) Page 3
f .
relinquishes its position on the Steering Committee, the members
of the Committee of the Whole shall meet together at the call of
a majority of its members, to elect a new Steering Committee
member.
(c) The Committee of the Whole and the Steering
Committee shall each elect a Chair and Secretary from among their
respective members. Meetings of the Committee of the Whole and
the Steering Committee shall be held at the call of the Chair of
said Committee or at the call of a majority of the members of
said Committee .
.7 . Allocation of Costs .
Costs incurred by EBMUD in implementing this Agreement will
be allocated among the Participating Agencies as herein provided.
(a) Consultant Costs . All costs incurred by EBMUD as
.invoiced by the Consultant responsible for preparing the RMPPs,
or any Special Benefit Projects, shall be allocated as herein
provided.
(1) RMPP Costs. RMPP costs shall be allocated
equitably among the Participating Agencies and private parties
based on the number of agencies, number of facilities, and number
of different chemical- processes involved. Individual
Participating Agency RMPP expenditure totals shall not exceed
$18, 190 for the City of Antioch; $15, 510 for the City of
Brentwood; $15, 510 for the City of Martinez; $18, 190 for Contra
Costa Water District; $18, 190 for the County Sanitation District
Number 19; $98, 100 for EBMUD; $15, 510 for SCWC; and $15, 510 for
the West County Wastewater District.
(2) Special Benefit Project Costs . Special
Benefit Project costs shall be allocated equitably among only
those Participating Agencies and private parties receiving the
Special Benefit, as hereafter defined, based on the number of
agencies, number of facilities, and number of different chemical
processes involved in that Special Benefit Project .
It is hereby acknowledged that as of the date
of the execution of this Agreement, since many of the RMPP and
Process Safety. Management program (29 CFR 1910 and 8 CCF 5189)
required components are the same, EBMUD has entered- into an
agreement with the Consultant to prepare, as a Special Benefit
Project, Process Safety Management (PSM) program documentation
meeting the regulatory requirements herein referenced. It is
also hereby acknowledged that the PSM Special Benefit Project
excludes the City of Brentwood, the City of Martinez, and SCWC.
Individual Participating Agency PSM Special Benefit Project
expenditure totals shall not exceed $10, 210 for the City of
Antioch; $10, 210 for Contra Costa Water District; $10, 210 for the
County Sanitation District Number 19; $32, 200 for EBMUD; and
$8, 090 for the West County Wastewater District.
(b) Administrative Costs. All administrative costs
incurred by EBMUD in invoicing each of the Participating Agencies
its allocated share of the Consultant costs shall be determined
EC227.1024_0 (08/25/94) Page 4
f .
in accordance with accounting practices currently utilized by
EBMUD, and shall include the cost of personnel employed by EBMUD
to the extent that their services are utilized in implementing
this Agreement, fringe benefits for such employees at a rate of
55 . 90, and indirect costs at a rate of 49% and other such costs
incurred by EBMUD. All Administrative costs shall be allocated
among the Participating Agencies and private party participants
based on a percentage of its allocated share of the Consultant
costs to the total Consultant costs and shall not exceed 3 . 0% of
its allocated share of the consultant cost .
As additional Participating. Agencies or private parties join
this Agreement, :he cost distribution shall be recalculated.
8 . Payment .
EBMUD shall transmit monthly invoices to each Participating
Agency for its allocated share, based on the cost allocation
method heretofore defined. Each such invoice shall include'
cumulative expenditures, as well as itemized direct and indirect
expenditures for the current billing period. Invoices shall be
payable immediately. Any invoice remaining unpaid at the
expiration of 45 days shall accrue interest at a rate of 10% per
annum.
EBMUD shall not expend more than two hundred ninety five
thousand and one hundred Dollars ($295, 100) in implementing this
Agreement . Individual Participating Agency expenditure totals
shall not exceed $29, 500 for the City of Antioch; $16, 000 for the
City of Brentwood; $16, 000 for the City of Martinez; $29, 500 for
Contra Costa Water District; $29, 500 for the County Sanitation
District Number 19; $134, 000 for EBMUD; $16, 000 for SCWC; and
$24 , 600 for the West County Wastewater District.
EBMUD shall be strictly accountable for all funds and shall
report all receipts and disbursements . However, any other
related activity to be carried out which does not benefit all of
the Participating Agencies and which is authorized by the
Steering Committee based on receipt of a signed Special Benefit
Agreement committing the Participating Agency to pay the full
cost may be performed by EBMUD on behalf of the Participating
Agency without having the cost included under the expenditure
limit herein defined.
9 . Agreement Amendments .
This Agreement represents the entire understanding of the
parties as to those matters contained herein. No prior oral or
written understanding shall be of any force or effect with
respect to those matters covered hereunder. The Agreement may
only be modified by amendment in writing signed by each member of
the Steering Committee.
10 . Basis of Joint and Several Liability.
Pursuant to Section 895 .4 of the California Government Code,
each of the Participating Agencies are jointly and severally
EC227.1024_0 (06/25/94) Page 5
liable upon any liability which is imposed upon any one of the
entities for injury caused by negligent or wrongful act or
omission occurring in the performance of this Agreement .
Pursuant to Section 895 .2 of the Government Code, the parties
agree that the extent of liability among the parties shall be
determined on the basis of the proportion that their contribution
comprises of the total cost, and each party shall be entitled to
receive contribution and to contribute to the other Participating
Agencies on this basis .
11 . Procedure for Execution.
This Agreement may be signed in counterparts and ,provided it
has been so executed by three Participating Agencies, including
EBMUD, shall be binding upon all signatories.
EC227.1024_0 (08/25/94) Page 6
IN WITNESS WHEREOF, each Participating Agency has executed
this Agreement on the date adjacent to the signature of its
representative.
CITY OF ANTIOCH
Attest :
By: By:
Title : Title :
Dated: Dated:
CITY OF BRENTWOOD
Attest :
By: By:
Title : ,Title :
Dated: Dated:
CITY OF MARTINEZ
Attest :
By: By:
Title : Title :
Dated: Dated:
CONTRA COSTA WATER DISTRICT
Attest :
By: By:
Title : Title :
Dated: Dated:
COUNTY SANITATION DISTRICT NUMBER 19
Attest :
By: By:
Title : Title :
Dated: Dated:
EAST BAY MUNICIPAL UTILITY DISTRICT
Attest :
By: By:
Title : Title :
Dated: Dated:
WEST COUNTY WASTEWATER DISTRICT
Attest :
By: By:
Title : Title:
Dated: Dated:
EC227.1024_0 (08/25/94) Page 7