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AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
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have been satisfied prior to signing the termination form.
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The agreement with TA /Qdlevt
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No. -y r ) � 191 • 22`i was completed on t 2-f 3 r MoL and final payment has been made.
(List all amendments. Use space below if needed.)
Department: 'PWA
Phone/Ext.: 33 1,Ci
Signature:
Revised: 10-18-16 Date:
INSURANCE NOT ON FILE
WORK MAY NQT PROCEED
CLERK OF COUNCIL
DATE:
0,t� V4w veye) 4
DEC l :3 2019
Retum ORIGINAL
executed co pv to COTC,
M•30
AGREEMENT
BETWEEN
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF SANTA ANA
FUTURE SUPPLY ACTIONS FUNDING PROGRAM
AGREEMENT NUMBER
189280
(ErOp��
L_
A-2019-229
Table of Contents
... Page
Para�rap�—.~.~..~...~..~.~....~.~..~~~~...~~~~—...
Contract Cover Page
Explanatory Recitals ................................................................ ....'....... ~—....—.^~—'....-
�
TermsVf
Agreement .................................................... ...... ......... .,....~,,.,.~,,_,~_,^
1.
Scope ofVVork...—....~.~^..—.'....~.—.~.^.'^.^......^.^.. ~,_,_,..-4
I.
Time and Term ............................................................ .—.~.—~....�
].
AoneenoentAdnninis\ratVrs..............—......~'^.—.~.'.^—~.� _,','....�4
4.
.......—....—.............'~.....� .
Independent Contractor , ,,_,',.......5
5.
Consultants and Sub-CVnsu�ants............'..—.^......^.'..—.^....—^....
S
G.
Metropolitan's Maximum Amount Payable and Reimbursement Procedure ...................
6
�
7.
Billings and Payments ......................................................................... ...............................
-
D.
Reporting Requirements ................................................. ......... ...... ........ .....
—^..'.�
9.
nn—...—.^....'....'..^"...~'..—...—..~�
Business outreach Pro8ra........9
10.
successors and AssignnnenL.....~..^.—~.....—.'....—'....'..... ,,~,....�9
11.
'^'^^'~^^^�9
Use ofK8a\e�a|s.........~.'....^..^.......—...^.^...—..^.'..
12.
Intellectual Property �,,,~,,,,�','�g
....^.........^.'.'..~......'~.....—.
13.
Nonuseofintellectual Property oJThird Parties ...................................................
--.. 10
14�
Repres�ntation�....~..—...^.^...~..'....~~..—..~...^.� ~^~^~^'^'...'1l
15.
Legal Requirenoents.....—.—........'~^~'..~....^.~.—.. ^^^^'^^~^—....�11
16.
^^^^—...11
Guarantee and VVarranty..—.^.'..~.^......'..'....'.'..^...'.. ^
17.
Access to��etnnpo|it3nPrenoiseS......~.'..'—..~..~.—'.~..—.—.'..^.—..
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18.
|ndernnhx......^.........^.^~'..—.^.~.~..'..^.—. —^'^—^—^'^^^^.....1l
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Audit^^'^'~^^^—^'..^...16
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21
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Un�ert�eNLRA....—.—.^....^......'....'~.^.'..~...^~ ~',,',,,,_...�17
22.
PnohibbedRelationships with Sanctioned Counthesand Persons .—.—.—.'~..'.~.
18
I3.
C0n�ictofinterest and GiH[Res[ric�ons........'..~.'..^.^.'....'......'.'^.
18
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Useo���etnopo��an�Nann�...—.'..^.'..—.'.~..^....._--.—....�
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25.
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i Agreement No. 189I8U
City of Santa Ana
27. Notices..................................................................................................
28. Severability...........................................................................................
29. Jurisdiction and Venue..........................................................................
30. Waiver...................................................................................................
31. Entire Agreement..................................................................................
32. Joint Drafting........................................................................................
SignaturePage..................................................................................................
ExhibitA- Scope of Work..................................................................................
ExhibitB- Sample Invoice..................................................................................
Exhibit C— Semi-annual Progress Reports........................................................
Exhibit D — Final Report Format........................................................................
Exhibit E — ACORD Form or Equivalent.............................................................
................. 21
................. 21
................. 21
................. 21
................. 22
................. 22
................. 23
................. 24
................. 33
................. 35
................. 36
......... I ... I... 37
City of Santa Ana ii Agreement No. 159280
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AGREEMENT NO. 189280
FOR FUTURE SUPPLY ACTIONS FUNDING PROGRAM
This Agreement is between THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public agency of the State of California, organized and existing under The
Metropolitan Water District Act of the State of California, hereinafter referred to as
Metropolitan, and CITY OF SANTA ANA, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California, hereinafter referred to as
Agency.
Explanatory Recitals
1. Metropolitan is a public agency of the State of California engaged in transporting, storing,
and distributing water in the counties of Los Angeles, Orange, Riverside, San Diego, San
Bernardino, and Ventura, within the State of California.
2. This Agreement is entered into with Agency in response to a 2018 Request for Proposals
(RFP) for Future Supply Actions Funding Program, dated July 6, 2018, as an approach to
fund Metropolitan member agency studies and research under this program as approved
in Board Letter 8-6 dated April 10, 2018. Metropolitan, through its Future Supply Funding
Program (FSA Funding Program), provides funding to member agencies for technical
studies or pilot projects that reduce barriers to future production of recycled water,
stormwater, seawater desalination, and groundwater resources. Metropolitan convened
a technical review panel that reviewed and scored each proposal submitted by
Metropolitan member agencies in accordance with the criteria and weight identified in
the RFP. Board Letter 9-2 dated December 11, 2018, describes the final RFP selection
process. Agency was selected through this RFP process. Metropolitan and Agency agree
to enter into an agreement for the RESTORATION OF LOCAL RECHARGE SOURCES FROM
INVASIVE DREISSENID MUSSELS study, hereinafter referred to as Study.
3 Agreement No. 189280
City of Santa Ana
3. Metropolitan desires to enter into this agreement with the Agency, and Agency desires
to perform the work according to the terms set forth hereinafter.
Terms of Agreement
1. Scope of Work
a. Metropolitan hereby engages Agency to perform the work described in detail in
the Scope of Work, attached hereto as Exhibit A.
b. Agency shall provide study deliverables according to the schedule as set forth in
Exhibit A. Each task identified in Exhibit A shall have a clearly defined deliverable,
date for completion of task, and associated cost for each task.
C. Agency may adjust task descriptions, task budget amounts, and task schedules in
Exhibit A, from time to time, upon written notice to and approval by Metropolitan;
however, Agency must certify that any such adjustments do not materially change
the basic scope of work, the scheduled final Study completion date, and/or the
Maximum Cost to Metropolitan as identified in this Agreement.
d. Agency shall be responsible for verifying completion of a consultant's or sub -
consultants work in accordance with Exhibit A.
2. Time and Term
Time is of the essence in the performance of services under this Agreement. This Agreement is
in effect from
through December 31, 2021, subject to earlier termination
pursuant to Section 25 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, Agency shall coordinate all contact
with Metropolitan through its Agreement Administrator. For purposes of this
Agreement, Metropolitan designates Mr. Don Bentley as the Agreement
Administrator. Metropolitan reserves the right to change this designation upon
written notice to Agency.
City of Santa Ana 4 Agreement No. 189280
5.0 Deliverables
Submittal Due
Task/Subtask
Deliverables
Date
Veliger Dose -Response Test Plan
Q3 2019
Task 1, Evaluation of EarthTec QZ
Veliger Treatment
Technical Memorandum 1
Q4 2020
Test Plan (slides)
Q2 2019
Task 2, Toxicity Assessment
Technical Memorandum 2
Q4 2020
Draft Report
Q2 2021
Tasks 1, 2 Final Reporting
Final Report
Q3 2021
Symposium Presentation
Q4 2021
Task 3, Project Management
Slides for project meetings
Various
6.0 Cost Estimate
Total Study
Requested
Task No.
Task Description
Cost
Metropolitan
Funding Match
Task 1,
Bench scale testing at five surface water locations
Evaluation of
to establish quagga mussel veliger dose -response
EarthTec QZ
curves with exposure to EarthTec QZ and
$154,180
$77,090
Veliger
determine the lowest concentration that could be
Treatment
used to kill quagga veligers.
An assessment of the toxicity of EarthTec QZ for
Task 2,
Toxicity
aquatic species — other than quagga veligers —
aquatic
$62,228
$31,114
present in the surface water will be completed in
Assessment
with the dose -response veliger testing.
Coordinate testing events, provide updates of
Task 3,
Study results, and communicate progress on
Pro ect
Study activities. Host eight meetings with project
$29,184
$14,592
partners and prepare slides to communicate
Management
results and progress.
Totals
$245,592
$122,796
City of Santa Ana 29 Agreement No. 189280
b. For purposes of this Agreement, Agency designates Mr. Nabil Saba, Water
Resources Manager, as the Agreement Administrator for the Agency. Agency
reserves the right to change this designation upon written notice to Metropolitan.
4. Independent Contractor
Agency agrees to complete the Scope of Work detailed in Exhibit A under this Agreement in the
capacity of an independent contractor and neither Agency and its participating entities,
consultants, and sub -consultants nor any of their employees shall be considered to be an
employee or agent of Metropolitan. Participating entities are other public and private entities,
separate from Agency, which Agency has indicated are participating in the study, as identified in
Exhibit A.
5. Consultants and Sub -consultants
a. Agency shall be responsible to Metropolitan for all work to be performed under
this Agreement. All consultants and sub -consultants and their billing rates shall
be approved by the Agency and shall be reflected in consultant and sub -consultant
invoices submitted by Agency to Metropolitan. Agency shall be liable and
accountable for any and all payments or other compensation to all consultants
and sub -consultants performing services under any Agency agreement that is
necessary and applicable to the performance and completion of this Agreement.
Metropolitan shall not be liable for any payment or other compensation for any
consultants or sub -consultants.
b. Agency's contracts with consultants and sub -consultants shall require consultants
and sub -consultant to maintain Workers' Compensation and Automobile Liability
insurance as required by the State of California and include the following articles:
Intellectual Property, Nonuse of Intellectual Property of Third Parties, Audit,
Indemnity and Equal Employment Opportunity and Affirmative Actions as set
forth in this Agreement.
C. As applicable, Agency's use of consultants and sub -consultants shall adhere to the
requirements of Metropolitan's Business Outreach Program as provided herein.
S Agreement No. 189280
City of Santa Ana
6. Metropolitan's Maximum Amount Payable and Reimbursement Procedure
a. Metropolitan's payment for the study is not to exceed $122,796 or fifty (50)
percent of the total cost expended per task as established in Exhibit A, whichever
is less. Agency shall be responsible for all costs in excess of Metropolitan's match
payment.
b. Agency must include documentation in the invoice that it did reimburse
responsible parties for the costs in the invoice period. The invoice should include
a cover letter with a brief summary of the work completed under the costs
invoiced and a discussion of any milestones reached or problems encountered
during the period invoiced.
C. For each invoice, Metropolitan will pay up to seventy-five (75) percent of eligible
reimbursable costs and will withhold twenty-five (25) percent of eligible
reimbursable costs in retention until a final report is submitted and accepted by
Metropolitan. Agency shall promptly notify the Agreement Administrator, in
writing, when fees and expenses incurred under this Agreement have reached
$92,100 (75%of maximum amount allowable).
d. In -kind services are not eligible for reimbursement and shall not be included in
Agency invoices to Metropolitan. In -kind services include, but are not limited to,
work performed by staff of Agency or staff of Agency's participating entities
contributing funding to Study, and related expenses (e.g., travel, overhead, etc.).
e. Eligible costs include work starting no earlier than January 8, 2019, which is in
compliance with the requirements of this Agreement and as set forth in Exhibit A.
Metropolitan will accept costs for work performed before the effective date of the
Agreement and on or after January 8, 2019, which is the date Metropolitan's
Board of Directors gave final authorization to enter into Future Supply Actions
Funding Program agreements.
f. All invoices related to the Study must be submitted by Agency to Metropolitan by
August 31, 2021 to be considered for payment under the provisions of this
agreement. Invoices received after August 31, 2021 will not be paid unless
City of Santa Ana 6 Agreement No. 189280
Metropolitan, in its sole discretion, grants Agency, in writing, an extension of time
to complete the work and submit its invoices.
7. Billings and Payments
a. Agency shall submit monthly invoices to Metropolitan's Accounts Payable Section,
whose email address is AccountsPayableBusinessPmwdh2o.com, and provide a
copy to the Agreement Administrator at dbentley(@mwdh2o.com. Agency
address change must be submitted in writing to Metropolitan's Professional
Services Contracting Team, at AgreementAddressChanee@mwdh2o.com.
Without proper notification of an address change, Agency's invoice payment may
be delayed.
b. The individual listed in the agreement as Agency's Agreement Administrator or
other identified designee shall sign and certify the invoice to be true and correct
to the best of his/her knowledge. Agency's invoices shall include the following
information:
i. Agency is to provide all the relevant information required by Exhibit
B — Sample Invoice, attached to this Agreement, when submitting its
invoices to Metropolitan.
ii. Agency's consultant and sub -consultant labor charges shall be
itemized by date of service, employee name, title/classification,
corresponding labor rate, number of hours worked, description of
work performed, total amount due for labor charges, and shall
include the following affirmation:
"By signing this invoice, Agency certifies that work described herein is
on accurate and correct record of services performed for
Metropolitan under this agreement and this work has not been billed
on any other client or study partner invoices."
iii. Invoices shall itemize allowable expenses and include receipts for
which reimbursement is sought for any items over Ten Dollars
City of Santa Ana 7 Agreement No. 189280
($10.00). Attached receipts should itemize each cost and provide
descriptive information so that expenses are separately identified.
iv. Agency shall attach a copy of each consultant and sub -consultant
invoice for which reimbursement is sought. Consultant's and sub -
consultants invoices shall set forth the actual rates and expenses
charged to Agency.
C. Subject to the approval of the Agreement Administrator, Metropolitan shall make
payment to Agency 45 days after date of the invoice. Metropolitan will reject
incomplete and inaccurate Agency invoices and will return such invoices to Agency
within 45 days after the date of the invoice. In such cases of rejected invoices,
Agency will submit a new, corrected invoice with a new invoice number and new
date. Metropolitan will not approve payment to Agency until a full, complete, and
accurate invoice has been submitted. Agency's invoices submitted 90 days after
completion of work, may be delayed or not paid.
d. The final invoice shall be clearly marked "FINAL INVOICE." It shall be submitted
after the final report is accepted by Metropolitan and should include a request for
the release of the 25 percent retention.
g Reporting Requirements
a. Agency shall submit to Metropolitan semi-annual progress reports within 45 days
of the end of the preceding six month periods, in accordance with the reporting
schedule in Exhibit A and Agency shall include, at a minimum, the items listed in
Exhibit C, Semi-annual Progress Report Format. Agency shall document all
activities and expenditures to date in the semi-annual reports. The submittal of
these reports is a requirement for ongoing disbursement of funds.
b. Agency shall prepare and submit to Metropolitan, upon completion of the Study,
a Final Report, which shall include, at a minimum, the items listed in Exhibit D,
Final Report Format. The Final Report shall be provided in hard copy 3 copies and
in digital format prior to final payment of funds retained by Metropolitan.
City of Santa Ana
8 Agreement No. 189280
C. Agency shall prepare and deliver a presentation on the findings of the study during
a concluding symposium scheduled and organized by Metropolitan.
d. Failure of an Agency to submit progress reports or the final report within the
timeframe established in Exhibit A or within any authorized extension of time will
be a breach of this Agreement.
9. Business Outreach Program
it is the policy of Metropolitan Water District to solicit participation in the performance of all
construction, professional services, procurement contracts, supplies, and equipment procured
by Metropolitan by all individuals and businesses, including but not limited to small businesses,
locally owned businesses, women, minorities, disabled veterans, and economically
disadvantaged enterprises. In performing services under this Agreement, Agency shall endeavor
to further this policy whenever practicable.
10. Successors and Assignment
This Agreement covers professional services of a specific and unique nature. Except as otherwise
provided herein, Agency, including its participating entities, consultants, and sub -consultants,
shall not assign or transfer its interest in this Agreement.
11. Use of Materials
Metropolitan will make available to Agency such materials from its files as may be required by
Agency to perform services under this Agreement. Such materials shall remain the property of
Metropolitan while in Agency's possession. Upon termination of this Agreement and payment
of outstanding invoices of Agency, or completion of work under this Agreement, Agency shall
turn over to Metropolitan any property of Metropolitan in its possession and any calculations,
notes, reports, electronic files, or other materials prepared by Agency in the course of performing
the services under this Agreement.
12. Intellectual Property
a. All intellectual property pursuant to this Agreement shall be owned by Agency and
Agency hereby grants Metropolitan and its member public agencies a perpetual,
City of Santa Ana 9 Agreement No. 189280
nonexclusive license, at no cost, to use the intellectual property developed in the
course of the work performed under this Agreement by Agency or any contractor
and consultant working on Study as described in Exhibit A. As used herein, the
term "intellectual property" includes, but is not limited to, all inventions, patents,
copyrightable subject matter, copyrights, test data, trade secrets, other
confidential information and software.
b. Agency agrees that all results produced in the performance of this Agreement may
be released to the public.
C. Metropolitan may utilize any material prepared or utilize work performed by
Agency pursuant to this Agreement, including computer software, in any manner
which Metropolitan deems proper without additional compensation to Agency.
Agency shall have no responsibility or liability for any revisions, changes, or
corrections made by Metropolitan, or any use or reuse pursuant to the paragraph
unless Agency accepts such responsibility in writing.
d. Agency shall include the following language in its agreement with any consultant
or contractor retained by Agency to work on the Study: "All intellectual property
developed pursuant to this Agreement is owned by Agency. As used herein, the
term 'intellectual property' includes, but is not limited to, all inventions, patents,
copyrightable subject matter, copyrights, test data, trade secrets, other
confidential information and software created or prepared pursuant to this
agreement."
e. Agency shall promptly notify Metropolitan, in writing, of all intellectual property
conceived or developed in the course of Agency's work for Metropolitan under
this Agreement.
13. Nonuse of Intellectual Property of Third Parties
Agency shall not use, disclose or copy any intellectual property of any third parties in connection
with work carried out under this Agreement, except for intellectual property for which Agency
has a license. Agency shall indemnify and hold Metropolitan harmless against all claims raised
City of Santa Ana 10 Agreement No. 189280
against Metropolitan based upon allegations that Agency has wrongfully used intellectual
property of others in performing work for Metropolitan.
14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement
and agrees that:
a. This Agreement is legally enforceable;
b. Payments made by Metropolitan to Agency pursuant to this Agreement are a legal
use of Metropolitan's funds; and,
C. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to
this Agreement in the water rates charged to its Member Agencies, including
Agency.
15. Legal Requirements
Agency shall secure and maintain all licenses or permits required by law and shall comply with all
ordinances, laws, orders, rules, and regulations pertaining to the work.
16. Guarantee and Warranty
a. Agency guarantees and warrants that the work shall be performed and completed
in accordance with generally accepted industry standards, practices, and
principles applicable to the work.
b. Metropolitan's representatives shall at all times have access to the work for
purposes of inspecting same and determining that the work is being performed in
accordance with the terms of this Agreement.
17. Access to Metropolitan Premises
a. At least two business days in advance of any work to be performed on
Metropolitan premises, Agency shall provide to the Agreement Administrator the
names of its personnel or sub -consultant personnel requiring access to
Metropolitan premises, intended work locations, and durations of work. The
City of Santa Ana
11 Agreement No. 189280
Agreement Administrator shall provide to the Security team manager or his
designee written notification listing the names of the individuals requiring access,
explaining the business need for these individuals to receive the requested access,
and reflecting his/her approval. Except in extraordinary circumstances, all work
on Metropolitan's premises shall be scheduled during Metropolitan's normal
working days and hours. Metropolitan shall make a good faith effort to
accommodate Agency's request, however, Metropolitan's operations and other
conflicts may require rescheduling all or part of Consultant's work.
18. Indemnity
a. Agency assumes all risk of injury to its employees, agents, consultants, sub -
consultants, and contractors, including loss or damage to property, in the
performance of this Agreement, except for those losses due to Metropolitan's
negligence, recklessness or willful misconduct.
b. Agency shall defend, indemnify, and hold harmless Metropolitan, its Board of
Directors, officers, employees, and agents from and against all claims, suits, or
causes of action for injury to any person or damage to any property to the
proportionate extent arising out of, pertaining to, or related to Agency's and its
participating entities', consultants', and sub -consultants' negligence, recklessness
or willful misconduct in the performance of this Agreement, including any claims,
suits, or causes of action by any employee of the Agency and its participating
entities, consultants, and sub -consultants relating to his or her employment status
with Metropolitan and/or rights to employment benefits from Metropolitan.
19. Insurance
a. Agency shall procure and maintain for the duration of this Agreement insurance,
or a program of self insurance, against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the
work hereunder by the Agency and its participating entities, consultants, and sub -
consultants, and their agents, representatives, or employees.
City of Santa Ana 12 Agreement No. 189280
b. Agency shall sustain proof of insurance coverage in an updated ACORD form
(attached hereto as Exhibit E), or equivalent, and incorporated by reference,
during the term of this Agreement. Failure to provide the updated insurance
ACORD form, or equivalent, annually may result in the withholding of Agency's
invoice payment. Agency shall list the agreement number on the ACORD form, or
equivalent, and email to Metropolitan's Agreement Administrator at
dbentlev@mwdh2o.com and a copy to Qareementlnsurance(@mwdh2o.com or
fax to 213-576-6158.
C. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial Liability coverage (occurrence
Form CG0001).
ii. Insurance Services Office Form Number CA 0001 covering
Automobile Liability, Code 1, (any auto).
iii. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
iv. Professional Liability or Errors and Omissions Liability insurance
appropriate to the Agency's profession. Architects' and engineers'
coverage is to be endorsed to include contractual liability.
d. Minimum Limits of Insurance
Agency shall maintain limits no less than:
i. General Liability: Including operations, products and completed
operations as applicable, $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the study or
City of Santa Ana 13 Agreement No. 189280
location, or the general aggregate limit shall be twice the required
occurrence limit.
ii. Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Workers' Compensation: Shall be furnished in accordance with
statutory requirements of the State of California and shall include
Employer's Liability coverage of $1,000,000 per accident for bodily
injury or disease.
iv. Professional Liability or Errors and Omissions Liability: $1,000,000
per claim, with a $2 million aggregate.
e. Deductibles and Self -Insurance Retentions: Any deductibles or self -insured
retentions must be declared to and approved by Metropolitan. At the option of
Metropolitan, either: the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respect to Metropolitan, its officers, officials,
employees,
agents and volunteers; or
the Agency shall provide
a financial
guarantee
satisfactory to Metropolitan
guaranteeing payment of
losses and
related investigations, claim administration and defense expenses.
f. Verification of Coverage: Agency shall furnish Metropolitan with original
certificates and amendatory endorsements affecting coverage required by this
clause. The endorsements and certificates are to be received and approved by
Metropolitan prior to the commencement of work. Metropolitan reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements affecting coverage, and coverage binders required by
these specifications at any time.
g. Acceptability of Insurers: Insurance is to be placed with California admitted
insurers with a current A.M. Best's rating of no less than A:VIII. A non -admitted
carrier may be used with prior approval from Metropolitan, with an A.M. Best
City of Santa Ana 14 Agreement No. 189280
rating of no less than A: X. an exception to these standards will be made for the
State Compensation Insurance Fund when not specifically rated.
h. General Liability and Automobile Liability Endorsements: The commercial general
liability policy and automobile policies are to contain, or be endorsed to contain,
the following provisions:
i. Metropolitan, its officers, officials, employees and agents are to be
covered as additional insureds as respect to liability arising out of
work or operations performed by or on behalf of the Agency; or
automobiles owned, leased, hired or borrowed by the Agency.
ii. For any claims related to this study, the Agency's insurance coverage
shall be primary insurance as respect to Metropolitan, its officers,
officials, employees, and volunteers. Any insurance or self-insurance
maintained by Metropolitan, its officers, officials, employees or
agents shall be excess of the Agency's insurance and shall not
contribute with it.
iii. Each insurance policy required by this clause shall not be canceled by
either party, except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to
Metropolitan.
iv. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement
to indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of the Civil Code.
i. Other Endorsements and Insurance Provisions
i. All rights of subrogation under the property insurance policy (if the
policy is required) have been waived against Metropolitan.
City of Santa Ana 15 Agreement No. 189280
ii. The workers' compensation insurer, agrees to waive all rights of
subrogation against Metropolitan for injuries to employees of the
insured (Agency) resulting from work for Metropolitan or use of
Metropolitan's premises or facilities.
If General Liability, Pollution and/or any Asbestos Pollution Liability
and/or professional liability or Errors & Omissions coverage are
written on a claims -made form:
1) The "Retro Date" must be shown, and must be before the
date of the contract or the beginning of contract work.
2) Insurance must be maintained for at least five (5) years
after completion of the contract work. On Metropolitan's
request, Agency shall provide evidence of insurance
verifying that coverage is/was in effect during said five-
year period.
3) If coverage is canceled or non -renewed, and not replaced
with another claims -made policy form with a "Retro Date"
prior to the contract effective date, the Agency must
purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
4) A copy of the claims reporting requirements must be
submitted to Metropolitan for review if requested.
20. Audit
a. Agency shall be responsible for ensuring the accuracy and propriety of all billings
and shall maintain all supporting documentation for the period specified below.
b. Metropolitan will have the right to audit Agency's invoices and all supporting
documentation for purposes of compliance with this Agreement during the term
City of Santa Ana 16 Agreement No. 189280
of this Agreement and for a period of three years following completion of services
under this Agreement.
Agency shall be responsible for maintaining the supporting
documentation for a period of three years following completion of
services under this agreement
C. Upon reasonable notice from Metropolitan, Agency shall cooperate fully with any
audit of its billings conducted by Metropolitan and shall permit access to its books,
records and accounts as may be necessary to conduct such audits.
21. Equal Employment Opportunity Affirmative Action and Notification of Employee Rights
Under the NLRA
Metropolitan is an equal opportunity employer and a federal contractor. Consequently, the
parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41
CFR 60-300.5(a), and 41 CFR 60-741.5(a) and that these regulations are incorporated herein by
reference. These regulations prohibit discrimination against qualified individuals based on their
status as protected veterans or individuals with disabilities and prohibit discrimination against
all individuals based on their race, color, religion, sex, or national origin. These regulations
require that covered prime contractors and subcontractors take affirmative action to employ
and advance in employment individuals without regard to race, color, religion, sex, national
origin, protected veteran status, or disability. The parties additionally agree that, as
applicable, they will abide by the written affirmative action program requirements of 41 CFR
60-1.40, 41 CFR 60-300.40, and 41 CFR 60-741.40. The parties also agree that, as applicable,
they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to
Subpart A), relating to the notice of employee rights under federal labor laws. The parties
further agree that, as applicable, they will abide by the requirements of Federal Acquisition
Regulation Clauses 52.222-26 (Equal Opportunity), 52.222-35 (Equal Opportunity for
Veterans), 52.222-36 (Affirmative Action for Workers with Disabilities), and 52.222-40
(Notification of Employee Rights Under the National Labor Relations Act) and that these
City of Santa Ana 17 Agreement No. 189280
regulations are incorporated herein by reference. Agency agrees to submit to Metropolitan
evidence of compliance with this section, as applicable, within 30 days of a request.
22. Prohibited Relationships with Sanctioned Countries and Persons
Agency represents and warrants that both 1) Agency, and 2) to Agency's knowledge, its directors,
officers, employees, subsidiaries, participating entities, consultants, and sub -consultants, are not
engaged in any business transactions or other activities prohibited by any laws, regulations or
executive orders relating to terrorism, trade embargoes or money laundering ("Anti -Terrorism
Laws"), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001
(the "Executive Order'), the Patriot Act, and the regulations administered by the Office of
Foreign Assets Control ("OFAC") of the U.S. Department of Treasury, including those parties
named on OFAC's Specially Designated Nationals and Blocked Persons List. Agency is in
compliance with the regulations administered by OFAC and any other Anti -Terrorism Laws,
including the Executive Order and the Patriot Act. In the event of any violation of this section,
Metropolitan shall be entitled to immediately terminate this Agreement and take such other
actions as are permitted or required to be taken under law or in equity.
23. Conflict of Interest and Gift Restrictions
a. Agency represents that it has advised Metropolitan in writing prior to the date of
signing of this Agreement of any known relationships with a third party,
Metropolitan's Board of Directors, or employees which would (1) present a
conflict of interest with the work performed under this Agreement, (2) prevent
Agency from performing the terms of this Agreement, or (3) present a significant
opportunity for the disclosure of confidential information.
b. Agency is hereby notified that Sections 7130 and 7131 Metropolitan's
Administrative Code, the California Political Reform Act ("PRA") and regulations of
the Fair Political Practices Commission ("FPPC") prohibit Metropolitan Board
members, officers and employees from receiving or agreeing to receive, directly
or indirectly, any compensation, reward or gift from any source except from his or
her appointing authority or employer, for any action related to the conduct of
City of Santa Ana 18 Agreement No. 189280
Metropolitan's business, except as specifically provided in the Administrative
Code Sections 7130 and 7131, the PRA and FPPC regulations. Agency agrees not
to provide any prohibited compensation, reward or gift to any Metropolitan Board
member, officer or employee.
24. Use of Metropolitan's Name
Agency and its participating entities, consultants, and sub -consultants shall not publish or use
any advertising, sales promotion, or publicity in matters relating to services, equipment,
products, reports, and material furnished by Agency and its participating entities, consultants,
and sub -consultants in which Metropolitan's name is used, or its identity implied without the
Agreement Administrator's prior written approval. This provision survives the termination of
this Agreement.
25. Termination
a. Metropolitan may terminate this Agreement with or without cause by providing
written notice to Agency not less than thirty days prior to an effective termination
date. Metropolitan's only obligation in the event of termination will be payment
of fees and expenses incurred, including any retainage withheld by Metropolitan,
in conformity with this Agreement up to and including the effective date of
termination.
b. Agency may terminate this Agreement with or without cause by providing written
notice to Metropolitan not less than thirty days prior to an effective termination
date. Metropolitan's only obligation in the event of termination will be payment
of fees and expenses incurred in conformity with this Agreement up to and
including the effective date of termination.
C. This Agreement may be terminated by Metropolitan upon written notice to the
Agency if work on the Study has not started by January 31, 2020.
City of Santa Ana 19 Agreement No. 189280
26. Force Maieure Events
a. Excuse to Performance: In addition to specific provisions of the Agreement, lack
of performance by any Party shall not be deemed to be a breach of this
Agreement, where delays or defaults are due to acts of God, or the elements,
casualty, strikes, lockouts, or other labor disturbances, acts of the public enemy,
orders or inaction of any kind from the government of the United States, the State
of California, or any other governmental, military or civil authority (other than
Metropolitan, or another party to this Agreement), war, insurrections, riots,
epidemics, landslides, lightning, droughts, floods, fires, earthquakes, civil
disturbances, freight embargoes, or any other inability of any Party, whether
similar or dissimilar to those enumerated or otherwise, which are not within the
control of the Party claiming such inability or disability, which such Party could not
have avoided by exercising due diligence and care and with respect to which such
Party shall use all reasonable efforts that are practically available to it in order to
correct such condition (such conditions being herein referred to as "Force Majeure
Events").
b. Responding to Force Majeure Events: The Parties agree that in the event of a
Force Majeure Event which substantially interferes with the implementation of
this Agreement, the Parties will use their good faith efforts to negotiate an interim
or permanent modification to this Agreement which responds to the Force
Majeure Event and maintains the principles pursuant to which this Agreement was
executed.
City of Santa Ana 20 Agreement No. 189280
27. Notices
Any notice or communication given under this Agreement shall be effective when deposited,
postage prepaid, with the United States Postal Service and addressed to the contracting parties
as follows:
Metropolitan Water District City of Santa Ana
of Southern California 20 Civic Center Plaza
Post Office Box 54153 Santa Ana, CA
Los Angeles, CA 90054-0153 Attention: Clerk of Council
Attention: Mr. Don Bentley
With copy to: Executive Director, Public
Works Agency
(at same address)
Either party may change the address to which notice or communication is to be sent by providing
advance written notice to the other party.
28. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in
part, such provision shall be modified to the minimum extent necessary to make it legal, valid,
and enforceable, and the legality, validity, and enforceability of the remaining provisions shall
not be affected thereby.
29. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of California and for all
purposes shall be interpreted in accordance with such laws. Both parties hereby agree and
consent to the exclusive jurisdiction of the courts of the State of California and that the proper
venue of any action brought thereunder is and shall be Los Angeles County, California.
30. Waiver
No delay or failure by either party to exercise or enforce at any time any right or provision of this
Agreement shall be considered a waiver thereof or of such party's right thereafter to exercise or
enforce each and every right and provision of this Agreement. A waiver to be valid shall be in
City of Santa Ana 21 Agreement No. 189280
writing but need not be supported by consideration. No single waiver shall constitute a
continuing or subsequent waiver.
31. Entire Agreement
a. This writing 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 which are
not set forth herein. Except as provided herein, this Agreement may not be
modified or altered without formal amendment thereto.
b. Notwithstanding the foregoing, and to realize the purpose of this Agreement, the
Agreement Administrator may issue a written modification to the Scope of Work,
if this modification will not require a change to any other term of this Agreement.
32. Joint Drafting
Both parties have participated in the drafting of this Agreement.
City of Santa Ana 22 Agreement No. 189280
Signature Page
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
last written below.
CITY OF SANTA ANA
Kristen Ridge
City Manager
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Jeffrey Kightlinger
General Manager
By: f 4 ^M ��G i N I o� By: /bt-"
Fuad Sweiss, PE, PLS Brad Coffey
Executive Director Of Public Works Agenc Manager, Water Resource Management
Date: 1 Z. I tl ) 201 '1
APPROVED AS TO FORM:
Sonia Carvalho
City Attorney
By: %JU_4 V6. -f—L
A M.Funk
Assistant City Attorney
Date: 11-8-19
Analyst Initials: agr# - date
Attachments
Daisy Gomez
Clerk of the Council
A—Ity of Santa Ana 23
Date: +�(�
APPROVED AS TO FORM:
Marcia L. Scully
General Counsel
By:
Or - none l J ,
Deputy General Counsel
Date: 1 h,Ito
Agreement No. 189280
Exhibit A- Scope of Work
Restoration of Local Recharge Sources from Invasive Dreissenid Mussels
1.0 Study Objective
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. If such a method is identified, it could lead to restoring the use of
facilities for recharge of local water sources, such as stormwater.
2.0 Background Information
In January 2007, quagga mussels (Dreissena bugensis) were discovered at a marina in the Nevada
portion of Lake Mead, and two other lakes on the Colorado River, Lake Mohave and Lake Havasu.
Soon thereafter, the mussels spread through the Metropolitan Water District of Southern
California's (MWD's) Colorado River Aqueduct (CRA) as far south as Lake Skinner, near Temecula.
As of December 2017, quagga mussels have been detected in 43 locations in California. So far,
State Water Project (SWP) aqueducts and reservoirs have not been impacted, although there
were detections of quagga mussels in Pyramid Lake and other areas of the SWP in December
2016.
To minimize the spread of quagga mussels, MWD chlorinates CRA water, starting at Copper Basin
reservoir, close to the eastern end of the CRA and at other locations, such as Lake Matthews.
Despite this effort, quagga mussels have infested reservoirs used for capture of local runoff as
well as rivers, streams and canals used to convey both local supplies and imported supplies to
groundwater replenishment facilities. This is important because multiple entities that recharge
local water sources, such as storm water, use many of the same facilities to recharge imported
water. As a result, the presence of quagga mussels presents a barrier to the efficient use of these
dual use facilities and has affected the ability to maximize the capture and recharge of local
supplies, such as storm water.
As an example, Irvine Lake, which is owned and operated by the Irvine Ranch Water District
(IRWD), receives both imported CRA water and local storm flow. Downstream of Irvine Lake are
OCWD's Santiago Basins which are open gravel pits that were converted to groundwater
replenishment facilities in the early 1990s. In the 1990s, water from Irvine Lake was discharged
to Santiago Basins via Santiago Creek for groundwater replenishment. These deliveries are no
longer possible due to the presence of the quagga mussel in Irvine Lake and the potential for
infesting Santiago Creek and Santiago Basins.
On the San Gabriel River, multiple entities, including the Main San Gabriel Basin Watermaster
and the Water Replenishment District of Southern California (WRD) divert storm water from the
San Gabriel River into spreading grounds adjacent to the river. In October 2017, MWD found
City of Santa Ana 24 Agreement No. 189280
quagga mussels in the San Gabriel Riverthat came from deliveries of MWD water. Although steps
were taken to desiccate the river and prevent the spread of quagga mussels, it is possible that
further infestations will occur and hamper the use of the San Gabriel River and associated
spreading facilities for the capture and recharge of local storm water.
In the Santa Clara River watershed, United Water Conservation District (UWCD) captures storm
flows from the Piru Creek watershed in Lake Piru, as well as imports a small amount of SWP water
from Pyramid Lake. UWCD then releases the stored water in late summer, recharging the
downstream groundwater basins, including the coastal Oxnard Plain. When Lake Piru became
infested with quagga mussels in late 2014, the California Department of Fish and Wildlife (CDFW)
ordered UWCD to limit discharges to downstream recharge facilities, to limit the spread of
quagga mussels. UWCD's downstream recharge facilities are the primary source for the cities of
the Oxnard Plain, which are also served by MWD via its member agency. Calleguas Municipal
Water District (Calleguas). Groundwater has historically provided approximately half of the
water for this portion of Calleguas' service area. Quagga mussel -induced limitations on UWCD's
groundwater recharge will shift additional burden onto Calleguas and MWD. UWCD is currently
working with CDFW, U.S. Fish and Wildlife, and National Marine Fisheries Service to develop an
eradication plan for Lake Piru using EarthTec QZ that could potentially be implemented within
the next few years.
California Department of Fish and Wildlife Regulations
The California Department of Fish and Wildlife (CDFW) has a mandate to prevent the spread of
quagga mussels. As a result, CDFW requires the preparation of Dreissenid Mussel Monitoring,
Response and Control Plans (Plan) for any facility that is impacted.
Desiccation is the primary method of mitigating for quagga mussel infestations. Although
desiccation can work for isolated spreading grounds, it is less feasible in rivers and streams and
impossible in large reservoirs unless they can be fully drained. For OCWD, the Plan contains a
requirement that OCWD use imported water for recharge only in basins that can be desiccated
(dried out) for two weeks. In addition, these basins must be drained and dried prior to the storm
season to prevent potential conveyance of quagga mussels -laden water to other basins or to the
Santa Ana River. Moreover, one of the most effective recharge facilities, the Santa Ana River,
cannot be fully utilized because it cannot be fully desiccated. These restrictions present a barrier
to both the recharge of imported water and the capture of storm water, which reduces the
recharge of local supplies and the overall efficiency of groundwater replenishment operations.
The recharge of imported and storm water are considered together because OCWD, as with other
entities, use their facilities for storage, conveyance and recharge of both sources of supply.
The WRD has also been affected by the potential for infestations of waterways used to convey
both imported and storm water by quagga mussels. The Los Angeles County Department of
Public Works (LACDPW) owns the conveyance and spreading facilities used by WRD for the
recharge of storm water, recycled water and imported water. Due to the potential for quagga
mussel infestations, imported deliveries from the Colorado River have not been approved by
City of Santa Ana 25 Agreement No. 189280
LACDPW for many years. When deliveries were made in 2017, an infestation of quagga mussels
was found in the San Gabriel River in October 2017 even though the supplies were mostly from
the SWP.
Restoring Local Recharge Sources
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. In 2016, Trussell conducted an extensive literature review for OCWD
of potential treatment technologies for the quagga mussel, including free chlorine, chloramines,
ozone, ultraviolet radiation, and potassium permanganate. Proprietary molluscicides were not
considered in this Study. Trussell found that the literature contains many studies examining
treatment for adult mussels, but limited research on veligers. The veliger stage is the final larval
stage of the quagga mussel, when they are mobile, having two ciliated flaps for swimming and
feeding. Of the treatment methods examined, chlorine, chloramine and ozone were found to
have promise; however, they present several challenges, such as needing quenching prior to
discharge to a stream or river (chlorine, chloramine), formation of disinfection byproducts
(chlorine), and high capital costs (ozone). In fact, one of the constraints that MWD faces with
chlorine dosing at Lake Matthews is the formation of disinfection byproducts.
An alternative method of treating for quagga mussels is EarthTec QZ, which is an EPA -registered
molluscicide for prevention and control of quagga and zebra mussels. This product has been
shown to be effective in eradicating quagga mussels and veligers in samples obtained from Lake
Mead. Based on the Lake Mead study, an EarthTec QZ concentration of 3 mg/L, which produces
a copper concentration of 0.18 mg/L, resulted in complete veliger mortality within 30 minutes.
The effectiveness of EarthTec QZ and moderate cost, which is estimated at $20/acre-feet (for
EarthTec QZ concentration of 3 mg/L), suggest that it has the potential be a cost-effective method
to safely treat impacted sources of water, such as local reservoirs and imported water supplies;
however, site -specific testing is needed to develop the proper dose required in local sources and
to obtain approval by CDFW. Eventual approval by CDFW will allow for expanded use of currently
infested facilities and open the use of facilities that are not currently infested, which would
reduce barriers to groundwater replenishment, including the recharge of local supplies such as
storm water.
3.0 Study Description
OCWD staff, along with Trussell, would conduct the Study. In general terms, the Study will test
the response of quagga veligers to various doses of EarthTec QZ at five locations: Lake Matthews,
OCWD's OC-28 connection in Anaheim, Lake Piru, MWD connection CenB-28, and one other
location to be determined. Live veligers would be collected at each location. Subsets of the
collected veligers would be exposed to different concentrations of EarthTec QZ and their
response would be monitored overtime. This work would be conducted in existing or temporary
field labs located at or near where the veliger samples are collected. This is important to
minimize the potential for veliger die -off during transport.
City of Santa Ana 26 Agreement No. 189280
In addition to examining the effectiveness of EarthTec QZ on quagga veligers, the Study includes
an assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers.
This work will be conducted in parallel with the dose -response veliger testing. Trussell will
consult with aquatic microbiology experts, CDFW staff, review available literature, and examine
regulations to evaluate the water quality impacts of EarthTec QZ.
Up to eight meetings are budgeted to ensure there is maximum collaboration with all Study
stakeholders at all stages of the Study.
Participating Entities and Supporting Entities
Participating entities include:
• Orange County Water District
• Water Replenishment District of Southern California
• United Water Conservation District
• Main San Gabriel Watermoster
• Central Basin Municipal Water District
• California Department of Fish and Wildlife (CDFW)
• California Department of Water Resources (DWR)
All the listed entities above, except for CDFW and DWR, are contributing financially to this Study.
CDFW and DWR are contributing staff time and providing technical assistance to the Study.
4.0 Description of Tasks
Task 1 Evaluation of EarthTec QZ Veliger Treatment
Bench scale testing will be completed at five surface water locations to establish quagga mussel
veliger dose -response curves with exposure to EarthTec QZ and determine the lowest
concentration that could be used to kill quagga veligers.
Testing is proposed at:
• Lake Matthews,
• OCWD's OC-28 connection in Anaheim,
• Lake Piru, and;
• MWD's CenB-28 connection
• One additional site to be identified in cooperation with Study partners.
Each site will be assessed for any available documentation of seasonal changes in veliger
populations, and sample collection and testing will be scheduled to target periods of high veliger
populations. Samples of raw surface water and quagga mussel veligers will be collected from
each of the surface water sites with plankton tow nets. To minimize veliger die -off, all veliger
City of Santa Ana 27 Agreement No. 189280
dose -response tests will be completed in field lab space close to the collection sites, with water
and veliger samples collected on the same day.
Veliger samples will first be assessed for density of live (physically moving or tissue movement of
veliger), dead (cracked shells or degraded tissue), or empty shell (with no tissue and only shell
remaining). If veliger concentrate contains >1% dead to live veliger density, the plankton
collection will not be used. The veliger concentrate will be divided into testing beakers to achieve
approximately 100 to 200 live veligers per test replicate, ranging in size from D-shaped (>63 µm)
to pediveligers (< 300 µm). If the veliger population size is not large enough to achieve desired
densities, at least 30 veligers will be tested per replicate.
Four exposure doses of EarthTec QZ will be investigated and a control will be included for each
duration, with a maximum of three exposure durations. At least three replicates per exposure
dose and duration will be completed and will be tested at a maximum of two temperatures. Once
the exposure duration for each test condition is complete, the proportion of live and dead quagga
mussels will be analyzed with fast green stain. In addition to the veliger assessment, each test
beaker will be evaluated for copper (total and dissolved), dissolved oxygen, conductivity, pH, and
temperature at the start of the experiment and at the end of the exposure time. Raw surface
water samples will be monitored for total organic carbon (TOC), copper (total and dissolved),
dissolved oxygen, conductivity, pH, and temperature.
Task 2 Toxicity Assessment
An assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers —
present in the surface water will be completed in parallel with the dose -response veliger testing
(Task 1). Trussell will consult with aquatic microbiology experts, CDFW staff, review available
literature, and examine regulations to evaluate the water quality impacts of EarthTec OZ. In
conjunction with Task 1 testing, surface water samples will be collected and dosed with EarthTec
QZ to assess water quality impacts and toxicity. Slides will be prepared to communicate the
proposed test plan. The toxicity testing will include up to three replicates with two doses of
EarthTec QZ and assessment of toxicity for two aquatic indicator species.
Task 3 Proiect Management
The project team will work closely with OCWD and funding partners to coordinate testing events,
provide updates of Study results, and communicate progress on Study activities. Trussell will
attend up to eight meetings with project partners and prepare slides to communicate results and
progress.
City of Santa Ana 28 Agreement No. 189280
7.0 Schedule
Jan-
Apr-
Jul-
Oct-
Jan-
Apr-
Jul-
Oct-
Jan-
Apr-
Jul-
Oct -
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
03
Q4
Task
Task Name
Collect and compile
�
1
available data
Develop Draft Veliger
1
Dose Response Test
Plan
Stakeholder Review
1
Meeting 1
Finalize Veliger Dose
1
Response Test Plan
Conduct Field
1
Sampling/Dose
Response Testing
1
Compile Results
-
Semi -Annual Progress
Report 2019 No. 1
-
1 2
(May 2019 —
-
December 2019)*
Conduct Additional
1
Sampling (If needed)
Semi -Annual Progress
Report 2020 No. 1
1 2
(January 2020—June
2020)
Compile Season 2
1
Results (If needed)
Stakeholder Review
1
Meeting 2 (If needed)
Prepare Draft
1
Technical
Memorandum 1
Review Draft Technical
1
Memorandum 1
Submit Final Technical
1
Memorandum 1
Semi -Annual Progress
Report 2020 No. 2
1 2
(July 2020 — December
2020)
City of Santa Ana 30 Agreement No. 189280
Jan-
Apr-
Jul-
Oct-
Jan-
Apr-
Jul-
Oct-
Jan-
Apr-
Jul-
Oct -
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
Mar
Jun
Sep
Dec
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Name
xicity Test
*FinalizeToxicity
r Review
xicity Test
Conduct Toxicity
2
Testing
2
Compile Results
onduct Additional
esting (If needed)ompile
J
Season 2esults
(If needed)takeholder
Review
Meeting 2 (If needed)
Prepare Draft
2
Technical
Memorandum 2
Review Draft Technical
2
Memorandum 2
Submit Final Technical
2
Memorandum 2
1,2
Draft Final Report
1,2
Final Report
Symposium
3
Presentation of Study
Findings
3
Project Management
-
*Semi -Annual Progress Report 2019 No. 1 will also include a summary of work conducted on or
after January 8, 2019 though June 30, 2019, in accordance with Section 6.e. of this Agreement.
City of Santa Ana 31 Agreement No. 189280
Reporting Schedule
• Semi -Annual Progress Report 2019 No. 1* (July 2019 — December 2019) ... February 15, 2020
• Semi -Annual Progress Report 2020 No. 1 (January 2020 —June 2020) ............August 15, 2020
• Semi -Annual Progress Report 2020 No. 2 (July 2020— December 2020) ..... February 15, 2021
• Draft Final Report...........................................................................................................May 31, 2021
• Final Report ........................................................................................................... July 31, 2021
• Agency presentation on study findings at concluding symposium .............................. Fall 2021
*Semi -Annual Progress Report 2019 No. 1 will also include a summary of any work conducted on or
after January 8, 2019 through June 30, 2019, in accordance with Section 6.e. of this Agreement.
City of Santa Ana 32 Agreement No. 189280
Exhibit B — Sample Invoice
INVOICE
olitan Water District of Southern California
nts Payable Sectionx 54153
geles, CA 90054-0153sPayableBusiness2 mwdh2o.com
r
AGENCY NAME
INVOICE DATE
INVOICE NUMBER
INVOICE PERIOD
ADDRESS
STUDY NAME
CONTACT
CONTACT PHONE
AGREEMENT NUMBER
MAXIMUM AWARD AMOUNT
AMOUNT PREVIOUSLY INVOICED
AWARD AMOUNT REMAINING
ITEMIZED EXPENSES
TASK
DETAILED DESCRIPTION
(e.g., consultant costs and hours, materials and supplies, lab costs,
etc.)
COST
TOTAL COSTS
TOTAL ELIGIBLE COSTS (UP TO 50% OF TOTAL COSTS)
RETENTION (25 k of total eligible reimbursable costs)
TOTAL ELIGIBLE REQUEST - RETENTION
BY SIGNING THIS INVOICE, AGENCY CERTIFIES THAT WORK DESCRIBED HEREIN IS AN ACCURATE AND CORRECT
RECORD OF SERVICES PERFORMED FOR METROPOLITAN UNDER THIS AGREEMENT AND THIS WORK HAS NOT BEEN
BILLED ON ANY OTHER CLIENT OR STUDY PARTNER INVOICES.
STUDY MANAGER
City of Santa Ana 33 Agreement No. 189280
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Exhibit C— Semi-annual Progress Reports
Agency shall include, at minimum, the following items in the Semi -Annual Progress Reports
1. Cover letter
Provide a brief description of the submittal, including the amount invoiced in the respective
invoice period, a list of items being submitted, and contact information. The letter must be signed
and include the following language:
"i am informed and believe that the information contained in this report is true and that
the supporting data is accurate and complete."
2. Semi -Annual Progress Report
2.1 Study Status
a) Describe work performed during the semi-annual period, by task.
b) Describe major accomplishments, such as:
i. Tasks achieved
ii. Milestones met and deliverables completed
iii. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in
the Study Scope of Work. Identify any problems encountered in the performance of the work
under this Agreement, and how these matters were addressed.
d) If the semi-annual period's objectives were not met, explain why and how these goals will be
approached for the next reporting period.
2.2 Cost Information
a) Identify costs incurred during the quarter by Agency and each partnering/supporting entity
working on the Study.
b) Discuss how the actual budget is progressing in comparison to the latest Study budget.
Describe any differences that occurred, identifying budget impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised budget, by task, if changed from the latest Study budget.
2.3 Schedule Information
a) Provide a Study schedule showing actual progress versus planned progress from the latest
schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Study schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and describe how these matters will be addressed for the next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Study schedule.
City of Santa Ana 35 Agreement No. 189280
Exhibit D — Final Report Format
Agency shall include, at minimum, the following items in the Final Report.
1. Cover letter
Provide a brief description of the submittal, including the total amount of funds disbursed, a
list of items being submitted, and contact information. The letter must be signed and include
the following language:
1 am informed and believe that the information contained in this report is true and that
the supporting data is accurate and complete."
2. Final Report
2.1 Executive Summary
a) Briefly summarize the content of the main report.
2.2 Introduction
a) Provide an overview of the work performed and accomplishments achieved throughout
the duration of the Study.
b) Briefly describe the findings of the study.
c) Describe the role/involvement of each partnering/supporting entity and their relationship to
the Study.
2.3 Cost Summary
a) Include a summary of the costs incurred and of funds disbursed throughout the duration of
the Study.
b) Provide a comparison between the planned budget in the Agreement and the actual budget.
Justify any differences that occurred, identifying budget impacts and/or problems
encountered, and how these matters were addressed.
2.4 Schedule Summary
a) Include a summary of all tasks accomplished throughout the duration of the Study.
b) Provide a comparison between the planned schedule in the Agreement and the actual
schedule. Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and how these matters were addressed.
2.5 Study Results and Analysis
a) Describe and provide an analysis of the Study results and findings in detail.
b) Were the Study goals and objectives as proposed achieved? Explain.
c) Discuss any major problems that occurred in meeting the Study goals and objectives, including
how, and if, they were resolved.
d) Explain how the findings of the Study can be applied to other areas of the region.
What types of obstacles, if any, would be anticipated before implementation/application can
occur, and how could these matters be addressed?
2.6 Conclusion
a) Describe lessons learned.
b) Describe the next steps of the Study (e.g., applicability of the results, topics that may require
additional research, new programs that should be developed, policy amendments, etc.).
City of Santa Ana 36 Agreement No. 189280
Exhibit E — ACORD Form or Equivalent
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ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TO CERTIFY THAT THEPOLICTES OF MSURATICE W STID BELOW HAve nmry moves, ....•—"'---- --- —
INDICATED, NOTW [THSTANDMG ANY REQUIRE,,MNT TERM OR CONUITION OF ANY CONTRACT OR OTHERDOCIRNENT WITH RESPECT
IN THIS LERTIOI IT MAY HE ISSUED OR MAY PERTAIN. THE INSLIUNa AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS.
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City of Santa Ana
37 Agreement No.189280