HomeMy WebLinkAboutMunicipal Water District of Orange County - 2024-08-15 i �eti5 2000 Main Street,
of{`, 0'4 on1/6� Huntington Beach,CA
- 0 City of Huntington Beach 92648
APPROVED 7-0
' r sue:
File#: 24-660 MEETING DATE: 10/1/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Kristen Schroeder, Water Quality Supervisor
Subiect:
Approve and authorize execution of an Agreement for sharing consultant costs for
completion of Joint Hazard Mitigation Plans and the America's Water Infrastructure Act of
2018 Update Projects with the Municipal Water District of Orange County (MWDOC)
Statement of Issue:
Submitted for City Council approval is an agreement to share consultant costs for completion of Joint
Hazard Mitigation Plans and the America's Water Infrastructure Act of 2018 Update Projects as
required by Federal Mandate.
Financial Impact:
Expenditure appropriations totaling $89,700 are budgeted in Water Fund account 50685801.69365
for this project.
Recommended Action:
Approve and authorize the Interim City Manager to execute an Agreement for sharing consultant
costs for completion of Joint Hazard Mitigation Plans and the America's Water Infrastructure Act of
2018 Update Projects with the Municipal Water District of Orange County.
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The America's Water Infrastructure Act (AWIA) of 2018 requires water systems to recertify their Risk
and Resilience Assessments (RRAs) and Emergency Response Plans (ERPs) every five years.
Previously, the City of Huntington Beach executed a similar cost sharing agreement with the
Municipal Water District of Orange County (MWDOC) to achieve compliance with AWIA. This ongoing
recertification is vital to securing water supplies by assessing vulnerabilities to both natural and
human-made threats.
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File#: 24-660 MEETING DATE: 10/1/2024
Key points of the AWIA include:
• Risk and Resilience Assessments (RRAs):
Assess the risks from natural hazards and malevolent acts, as well as the resilience of critical
infrastructure (e.g., pipes, barriers, source water). Additionally, covers monitoring practices,
financial infrastructure, chemical usage and storage, operational maintenance, and future
capital and operational needs.
• Emergency Response Plans (ERPs):
ERPs are required for community water systems serving over 3,300 people and must be
developed or updated accordingly.
• Enforcement:
The U.S. Environmental Protection Agency (EPA) may impose penalties of up to $25,000 per day
for non-compliance with AWIA requirements.
Recognizing the commonality of these requirements across Orange County, the MWDOC has
retained Herndon Solutions Group (HSG) to develop the Orange County Multi-Jurisdictional Water
and Wastewater Hazard Mitigation Plan (MJHMP) and AWIA Update Projects, which include the
RRAs and ERPs for member agencies. HSG was selected via a Request for Proposal (RFP)
process, with input from MWDOC member agencies throughout the RFP development and selection
stages. The majority of Orange County Water Agencies have opted to participate in this collective
effort.
The City's share of$89,700 is based on the cost of MWDOC's consultant contract, proportionately
divided among participating agencies. By partnering with MWDOC, the City benefits from economies
of scale, reducing the expense of hiring an independent consultant and ensuring compliance with
AWIA requirements by the mandated deadlines. Failure to meet these deadlines could result in
penalties of up to $25,000 per day.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the,environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and
response plans to ensure seamless public safety response during crisis events.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Agreement Between City of Huntington Beach and MWDOC
2. PowerPoint Presentation
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File#: 24-660 MEETING DATE: 10/1/2024
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Docusign Envelope ID:E5045C90-1FBD-4D54-6627-F619F77E37CA
AGREEMENT FOR SHARING CONSULTANT COSTS FOR COMPLETION OF
ORANGE COUNTY WATER AND WASTEWATER MULTI-JURISDICTIONAL
HAZARD MITIGATION PLAN AND AMERICA WATER INFRASTRUCTURE ACT
OF 2018 PROJECTS
This Agreement for Sharing Consultant Costs for Completion of Joint Hazard Mitigation Plans
and the America's Water Infrastructure Act of 2018 (AWIA) Update Projects ("Agreement") is
made and entered into as of August 15, 2024, by and between the City of Huntington Beach
("Participating Agency") and the Municipal Water District of Orange County("MWDOC"). The
Participating Agency and MWDOC are collectively referred to as"Parties."
RECITALS
WHEREAS, MWDOC is the administrator of the Water Emergency Response Organization of
Orange County (WEROC), providing countywide emergency preparedness for water and
wastewater agencies, which includes essential resources, trainings, and exercises to member
agencies and coordination partners throughout Orange County;
WHEREAS, as WEROC administrator, MWDOC ensures compliance with America's Water
Infrastructure Act (AWIA) and managing the Orange County 'Multi-Jurisdictional Water and
Wastewater Hazard Mitigation Plan(MJHMP);
WHEREAS, numerous retail and wholesale agencies in Orange County that share infrastructure
and are similarly situated with regard to emergency preparedness, including the Participating
Agency (collectively "Participating Agencies"), enter into cost-sharing agreements with
MWDOC;
WHEREAS,the Participating Agencies and MWDOC have a successful history of collaboration
and cost sharing and now desire to coordinate in the preparation of Orange County Multi-
Jurisdictional Water and Wastewater Hazard Mitigation Plan.(MJHMP) and the AWIA Update
Projects to ensure consistency and obtain economies of scale thereby reducing preparation time
and costs for each the Participating Agency; and
WHEREAS, a Scope of Orange County Multi-Jurisdictional Water and Wastewater Hazard
Mitigation Plan (MJHMP) and AWIA of 2018 Required Components (Risk/Resiliency
Assessment (RRA) and.Emergency Response Plans (ERP) was incorporated into a Request for
Proposals. Partner agencies assisted with the development of the scope of work. In response,
consulting firms,submitted proposals,which resulted in the selection of HSG,LLC(d/b/a(Herndon
Solutions Group) ("HSG" or "Consultant") as the consultant to prepare Orange County Multi-
Jurisdictional Water and Wastewater Hazard Mitigation Plan,(MJHMP) and the AWIA Update
Projects for the Participating Agencies(the "Work");
WHEREAS, the Work will consist of an update to a regional hazard mitigation assessment and
consequently develop an Orange County Multi-Jurisdictional Water and Wastewater Hazard
Mitigation Plan (MJHMP) that meets the Federal Emergency Management Agency (FEMA)
guidelines for approval with the goal of updating each Participating Agency's vulnerabilities and
apply those to a regional concept of emergency mitigation, in order to have a regional water &
wastewater utilities plan;
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WHEREAS, each participating water utility has conducted security threat vulnerability
assessments and have a general emergency plans that are compliant with California's Standardized
Emergency Management System,the National Incident Management System, and the AWIA;
WHEREAS, AWIA requires community water systems that serve, more than 3,300 people to
identify, manage, and minimize organizational risks and update their RRAs and ERPs at least
every five years;
WHEREAS, to maximize resources, MWDOC included the update of agency MJHMPs, as
required by the Disaster Mitigation Act of 2000, which will ensure alignment of these planning
processes by leveraging the same data sets and collaboration activities, such as hazard
identification and mitigation workshops;.
WHEREAS, HSG previously supported MWDOC with its initial AWIA compliance submittal,
completing 23 RRAs and ERPs from 2019 through 2021, which included coordination with
MWDOC's HMP and Urban.Water Management Plan(UWMP)planning teams;
WHEREAS,MWDOC and its staff are willing to coordinate this process,including the preparation
and administration of a professional services agreement with the Consultant; and the
administration of the cost sharing provisions of this Agreement;
NOW,THEREFORE,in consideration of the payment of money as set forth below and the mutual
promises of the:Parties hereto, it is agreed:
1. Engagement of Consultant and Administration of Consultant Agreement
1.1 MWDOC shall award a professional services agreement for the work identified in
the Request for Proposals ("Consultant Agreement")to:HSG. MWDOC shall use
its standard professional services agreement form for the Consultant Agreement,
including any minor negotiated deviations approved by MWDOC`General Manager
and Legal Counsel; and require appropriate types and limits of insurance coverage
and indemnification as required by this Agreement.Each CGL policy shall identify
MWDOC, the Participating Agency, and their directors, officers, agents,
employees, attorneys, consultants and volunteers as additional insureds, or be
endorsed to identify these parties as additional insureds using a form acceptable to
MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to
waive all rights of subrogation against MWDOC, the Participating Agency, and
their directors, officers, agents, employees, attorneys; consultants and volunteers.
The Consultant Agreement will further require the Consultant to indemnify,defend
and hold harmless MWDOC, the Participating Agency, and its elected officials,
officers and employees, and each of them from and against all third party actions,
proceedings, damages, costs, expenses,penalties or liabilities, in law or equity, of
every kind or nature whatsoever,including reasonable legal fees and costs, arising
out of, resulting from, or on account of Consultant's negligent acts' or willful
misconduct in the performance of the work under this agreement, provided,.
however, that Consultant's liability under this indemnity shall not apply to the
extent of the contributory negligence of the MWDOC,the Participating.Agency,its
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employees and contractors. The Consultant Agreement will require Consultant to
ensure that its sub-consultants, if any,provide similar insurance coverage.
1.2 MWDOC shall coordinate all aspects of the proposed. work with the selected
Consultant and communicate with the Participating Agency, and upon request of
the Participating Agency, regarding the status and substance of completion and
submission of the MJHMP and AWIA Update Projects.
1.3 HSG has organized participating agencies into three groups; •(1) Participating
Agencies that need only MJHMP support,(2)Participating Agencies that need both
MJHMP and AWIA RRA and ERP support, and (3) Participating Agencies that
need only AWIA RRA and ERP Support.
1.4 Following notice toproceed,HSG will further group the Participating Agencies
based on geography, agency-specific due dates, and previously assigned assistant
project managers.
1.5 The Participating Agency shall, within a reasonable timeframe, provide all
documents,information,and assistance requested by the selected Consultant during
the performance of the Consultant Agreement.
2. Cost Sharing.Obligations
2.1 MWDOC shall:
2.1.1 Track the Participating Agency's costs for each plan(HMP, RRA, and
ERP)as described in Exhibit A("2025 MJHMP and AWIA Participating
Agency Cost Worksheet"), which includes the Participating Agency's
estimated base cost for each plan and is attached hereto and incorporated
herein by this reference;
2.1.2 Be responsible for receiving Consultant invoices by the 10th day of the
month pursuant to the Consultant Agreement;
2.1.3 Be responsible for billing the Participating Agency for the costs due on
the payment date as described in Exhibit A,including additional amounts
owed for any approved changes to the Work;
2.1.4 Be responsible for making payments directly to Consultant from funds
paid to MWDOC by the Participating Agency;
2.1.5 Inform the Participating Agency of any proposed changes to the
estimated costs in Exhibit A that would result in an increase or decrease
in that Participating Agency's payment under this Agreement and seek
.the Participating Agency's approval for such changes before notifying
the Consultant to proceed with the work;
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2.1.6 Prepare a final accounting at the end of each fiscal year and either
distribute any remaining funds collected from the Participating Agency
back to the Participating Agency or issue a final bill to Participating
Agency where there are funds due;
2.1.7 Share information relative to adjustments in costs with Participating
Agency on a periodic basis if decisions to participate by the various
Participating Agencies affect the costs in Exhibit A.
2.2 Each Participating Agency. shall:
2.2..1 Pay to.MWDOC the costs due for each plan on each payment date as
described in Exhibit A;
2.2.2 Within 60 days of each invoice date; pay to MWDOC the amount
invoiced in accordance with ,Exhibit A;
2.2.3 If the Participating Agency requests or requires additional work that was
not included in the cost calculation in Exhibit A, MWDOC will assist
with coordination with the Consultant and develop the change order for
any contract changes if both Participating Agency and Consultant
approves such work. Participating Agency agrees to pay to MWDOC,
the full amount owed for the additional work within 60 days of the
invoice date;
2.2.4 Acknowledge that costs may vary as Participating.Agencies decide
whether or not to participate and/or as additional work is completed
with the Participating Agency's approval.
3. Accounting
3.1 Upon request of the Participating Agency, MWDOC will provide copies of the
selected Consultant's invoices and MWDOC's payment records.
4. Non-Appropriation of Funds
4.1 Payments to be made by the Participating Agency under Section 2.2 to MWDOC
for any Work performed by the selected Consultant within the current fiscal year
are within the current fiscal budget and within an available, unexhausted fund. In
the event that the Participating Agency does not appropriate sufficient funds for
payment of the selected Contractor's Work beyond the current fiscal year, this
Agreement shall cover payment for such Work only to the conclusion of the last
fiscal year in which the Participating Agency appropriates sufficient funds and shall
automatically terminate at the conclusion of such fiscal year.
4.2 The Participating Agency agrees to use reasonable efforts to ensure appropriated
funds are available and acknowledge that MWDOC is facilitating payment to the.
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Consultant under this Agreement for benefit of and cost-savings for the
Participating Agency.
5. Independent Contractor
5.1 Any consultant engaged by MWDOC on behalf of the. Participating Agency as
contemplated in this Agreement will not be a party to this Agreement and will not
be an employee or agent of MWDOC or the Participating Agency,either as a result
of this Agreement, or as 'a result of a professional services agreement between
MWDOC and the Consultant. Any consultant engaged as contemplated in this
Agreement will be an independent contractor to MWDOC.
6. Warranty, Indemnification,and Defense
6.1 MWDOC shall use its best efforts in administering the Consultant Agreement,but
makes no representations, guarantees or warranties to the Participating Agency as
to the quality or timeliness of work product provided by Consultant pursuant to the
Consultant Agreement.
6,2 All losses or liabilities resulting from any and all actions, claims, penalties,
obligations or liabilities, in law or in equity, of every kind or nature whatsoever,
that may be asserted or claimed by any person, firm, entity, corporation,political
subdivision or other organization arising out of or in any manner directly or
indirectly connected with any work contemplated by this Agreement shall be
subject to the indemnification described in this Section 6.3.
6.3 Subject to Sections 6.1,6.2,and 6.4,each of the Parties hereto shall fully indemnify
and hold each of the other Parties, their officers, board members, employees, and
agents, harmless from any claim, expense or cost, damage or liability imposed or
occurring by reason of the negligent acts or omissions or willful misconduct of the
indemnifying party, its officers, board members, employees or agents,under or in
connection with or arising out of any work, authority or jurisdiction delegated to
such party under this Agreement. No party, nor any officer, board member,
employee or agent thereof, shall be responsible for any damage or liability
occurring by reason of the negligent acts or omissions or willful misconduct of the
other Parties hereto, their officers,board members employees, or agents, under or
in connection with or arising out of any work authority or jurisdiction delegated to
any other Parties under this Agreement.
6.4 As between. Participating Agencies, any costs associated with the defense and
indemnity obligations set forth in Section 6.3 shall be the financial responsibility
of each Participating Agency based on their ,proportionate share of fault, as
determined by final arbitration or court decision or by the agreement of the
Participating Agencies.
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7. Notice
7.1 Any notice or communication required to be given under this Agreement shall be
in writing and effective when deposited,first class postage prepaid with the United
States Postal Service addressed to the contracting Parties as follows:
Notice to Parties
1. MWDOC Harvey De La Tone, General Manager
Municipal Water District of Orange County
18700 Ward St.
P.O. Box 20895
Fountain Valley, CA 92728
With copy to:
Vicki Osborn
Director of Emergency Management
Water Emergency Response Organization of
Orange County (WEROC)
VOsborn( mwdoc.com
2. City of Huntington Beach Eric Pana
Interim City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
8. Jurisdiction and Venue
8.1 In all matters concerning the validity, interpretation, performance, or effect of this
Agreement, the laws of the State of California shall govern and be applicable. The
Parties hereby agree and consent to the exclusive jurisdiction of the courts of the
State of California and that venue of any action brought hereunder shall be in
Orange County, California.
9. Counterparts and Facsimile
9.1 This Agreement may be executed by the Parties in counterparts,which counterparts
shall be construed together and have the same effect as if all the Parties had
executed the same instrument. Counterpart signatures may be transmitted by
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facsimile, email, or other electronic means and have the same force and effect as if
they were original signatures. All parties have participated in the drafting of this
Agreement.
10. Severability
10.1 If any provision of this Agreement shall be held illegal, invalid, or unenforceable,
in whole or in part, the legality, validity, and enforceability of the remaining
provisions shall not be affected thereby.
11. Term
11.1 This Agreement shall commence.upon the date of execution by the Participating
Agency below and shall extend thereafter through the completion of all work
product generated by the Consultant and delivered to MWDOC and to the
Participating Agency.
11.2 MWDOC shall issue a Notice of Completion to all Participating Agencies upon
close-out of the Consultant Agreement. Notwithstanding anything to the contrary
in this Section 11, this Agreement.may be terminated earlier by MWDOC in its
discretion upon or after termination of the Consultant Agreement.
12. Entire Agreement
12.1 This Agreement contains the entire agreement of the Parties relating to the subject
matter hereof; and the Parties have made no agreements, representations, or
warranties, either written or oral, relating to the subject matter hereof that are not
set forth herein. Except as provided herein,this Agreement may not be modified or
altered without prior written approval from both parties.
IN WITNESS WHEREOF,the Parties have hereunto affixed their names as of the day
and year thereinafter written,which shall be and is the effective date of This Agreement.
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Execution of Agreement by the Parties
MWDOC Date:
By:
Harvey De La Torre, General Manager
Municipal Water District of Orange County
Approved as to Form:
Date: 9/9/2024 I 1:50 PM signed by:
By: 00007 �,t c .
Joseph P. Byrne, Partner
Best Best& Krieger LL
City of Huntington Beach Date: /0 4211
By:
Eric Parra, Interim City Manager
City of Huntington Beach
Approved as to Form:
Date: crifia /
By:
Michael Gates, City Attorney
COUNTERPART
APPROVED AS TO FORM
By--MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
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Background
• Compliance with America's Water Infrastructure Act (AWIA)
• All community drinking water systems serving over 3,300 people must comply
with the AWIA(Federal Mandate).
• AWIA updates are required every 5 years.
• Key Deadlines:
• Risk & Resiliency Assessments — Due March 31, 2025
• Emergency Response Plans — Due September 30, 2025
• Municipal Water District of Orange County (MWDOC)
• Administrator of the Water Emergency Response Organization of Orange 040rINe1`p
County (WEROC) ikk
• Manages the Orange County Multijurisdictional Water and Wastewater �.
Hazard Mitigation Plan (MJHMP)
• Ensures compliance with AWIA requirements
427
Beneficial
• Collaboration and Consistency with Orange County Agencies
• Shared infrastructure across the County
• Similar emergency preparedness strategies
• Executed similar agreement in 2018 for Compliance
• Multijurisdictional Cost-Sharing
• Reduces preparation time and expenses for individual Agencies
• 30 Agencies participating countywide
• Ensures compliance with FEMA guidelines by established deadlines ,� '
Ir' T 110
•
428
ecommen eAction
Approve and authorize execution of an Agreement for
sharing consultant costs for completion of Joint Hazard
Mitigation Plans and the America's Water Infrastructure Act
of 2018 Update Projects with the Municipal Water District of
Orange County (MWDOC).
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