HomeMy WebLinkAboutS20 - Water Quality Studies in Newport BayCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Supplemental Agenda Item No. S20
August 12, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Resolution 2003 - Authorizing the City to Enter into an Amended
Contract with the State Water Resources Control Board Relating to
Water Quality Studies in Newport Bay.
ISSUE:
Should the City of Newport Beach continue to participate in various studies related to
pollutants in Newport Bay?
RECOMMENDATION:
Adopt Resolution 2003 -_ authorizing the Mayor to execute a contract amendment to
Agreement #9- 074 -180 -0 of up to $700,000 between the City and the State Water
Resources Control Board relating to Water Quality Studies in Newport Bay.
DISCUSSION:
Background:
Since 1999, the City and the State Water Resources Control Board (SWRCB) have
worked within an Agreement to use more than $600,000 in State funds to study various
water quality problems in Newport Bay, especially as they relate to bacteria. The Fecal
Coliform Total Maximum Daily Load (TMDL) directs that these studies be done.
We have been fortunate enough to be able to use State funding for the studies instead
of City general fund dollars. Studies have included:
• Determining the extent of vessel waste discharge into the Bay;
• Determining the extent to which swimmers might contribute to bacteria problems;
• Determining how tidal flows, tributaries, and storm drains might cause bacteria
problems in the Bay;
Resolution relating to Water Quality Studies
August 12, 2003
Page 2
Each of the studies involves multiple phases and peer review of the studies'
conclusions, so results are not yet complete.
Drs. Stanley Grant and Sunny Jiang of the University of California, Irvine, have worked
on these studies, assisted by Orange County CoastKeeper as samplers. A Technical
Advisory Committee that includes Monica Mazur (OC Health Care Agency), Charlie
McGee (Orange County Sanitation District), Dr. Jack Skinner (SPON), and Dr. Linda
Candelaria (California Regional Water Quality Control Board, Santa Ana Region) help
guide the studies.
This agenda item asks the City Council to adopt a resolution authorizing the Mayor to
continue to utilize State funds -- this time in an amount up to $700,000 -- for these
studies. The Mayor would do so by executing the attached Agreement Amendment
(Attachment B). The Contracts Section of the SWRCB requires the Council to routinely
adopt a resolution "upping the cap" each time the SWRCB staff proposes additional
studies.
Readers may access the City's web site (www. city. newport-beach.ca. us) and search for
previous staff reports (starting in 1999) on this issue for additional background
information.
Committee Action: None
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability State Water Board funds are available for this purpose.
Submitted by:
DaA lff
Assistant City Manager.
Attachments: A -- Resolution 2003-_
B -- Standard Agreement Amendment -- Agreement #9- 074 -180 -0
Attachment A
RESOLUTION 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED CONTRACT
OF UP TO $700,000 ON BEHALF OF THE CITY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
FOR NEWPORT BAY WATER QUALITY STUDIES
WHEREAS, the City Council of the City of Newport Beach has long been concerned
about protecting the water quality of Newport Bay and the Orange County coastline; and
WHEREAS, the County of Orange's Health Care Agency and the Orange County
Sanitation District both perform water sampling in and around Newport Beach on a routine basis
to ensure that waters are safe for swimmers and other water contact sports; and
WHEREAS, current testing and sampling can tell policy - makers that an area is
contaminated with bacteria that may be harmful to swimmers; and
WHEREAS, since 1999, the City and the State Water Resources Control Board
( "SWRCB ") via its California Regional Water Quality Control Board ( "Regional Board "), Santa
Ana Region, have cooperated to study issues like vessel waste discharges, swimmer impacts
on bacteria levels, and the extent of bacteria and human viruses throughout the Bay; and
WHEREAS, the SWRCB has directed up to $607,000 in funds for these studies as
described in Agreement No. 9- 074 -180 -0 between the City and the SWRCB; and
WHEREAS, the Contracts Section of the SWRCB requires the City Council to adopt a
resolution authorizing the City to utilize these funds; and
WHEREAS, the City's Resolution 99 -56 authorized the expenditure of a portion of these
funds; now, therefore be it
RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH that the
Council hereby authorizes the Mayor to enter into an amended contract not to exceed $700,000
on behalf of the City with the State Water Resources Control Board for the performance and
management of various water quality studies relating to Newport Bay.
ADOPTED this 12'" Day of August, 2003.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 9101)
®' CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 9 Pages
This Agreement is entered into between the
STATE AGENCYS NAME
State Water Resources Control Board
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this
December 1, 1999 through December 31, 2003
3. The maximum amount of this $607,000
Agreement after this amendment is: Six hundred seven thousand dollars
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Standard Agreement No. 9- 074- 180 -0, originally made and entered into on December 1,1999, Amendment
No. 1 dated January 14, 2001, and Amendment No. 2 dated June 28, 2001 is hereby amended on February 13,
2003 in the following particulars and no others:
1. Std. 213, Item 2, "Term of this Agreement" is amended by deleting reference to June 1, 2003 there from
and inserting December 31, 2003 in place thereof (a 6 -month time extension).
2. Std. 213, Item 3, "Maximum Amount of this Agreement" is amended by deleting reference to $575,000,
five hundred seventy -five thousand dollars, there from and inserting $607,000, six hundred seven
thousand dollars.
3. Exhibit A, Scope of Work is amended to revise Section A, Scope and Objectives; Section B, Subtasks
2.1, 4.1, 5.1, and 5.2; Section C, Schedule of Completion Dates; and Section D, Reports. Deletions are
noted in strikeout, followed by revisions in bold and underlined, as attached (6 pages).
4. Exhibit B, Budget and Payment Provisions, Section A, Budget is amended to reflect a funding increase
for $32,000; and revise Section B to include, Limitation for Funding for total Agreement amount not to
exceed $607,000. Revisions are noted in bold and underlined, as attached (3 pages).
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership. etc.)
of Newport Beach
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658
STATE OF CALIFORNIA
AGENCY NAME
State Water Resources Control Board
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Bill Brown, Chief, Division of Administrative Services
ADDRESS
1001 1 Street, Sacramento, CA 95814
Department of General Services
Use Only
❑ Exempt per:
EXHIBIT A— SCOPE OF WORK
PROJECT OFFICIALS
SWRCB No. 9 -074- 180 -03
City of Newport Beach
The State Water Resources Control Board's (SWRCB) Contract Manager shall be Linda
Candelaria of the Santa Ana Regional Water Quality Control Board ( SARWQCB). The Contract
Manager shall be the day -to -day representative for administration of this Agreement, and except
as otherwise specifically provided, shall have full authority to act on behalf of the SWRCB with
respect to this Agreement. The SWRCB's Executive Director, or designee, may also perform any
and all acts, which could be performed by the Contract Manager under this Agreement. Except-as
otherwise expressly provided, all communications relative to this Agreement shall be given to the
Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant to the City Manager of the City of
Newport Beach. The Project Director shall be the Contractor's representative for the
administration of the Agreement and shall have full authority to act on behalf of the Contractor. All
communications given to the Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other party.
WORK TO BE PERFORMED
A. Scope and Objectives
The Orange County Health Care Agency ( OCHCA) monitors beaches throughout Newport Bay
and the City of Newport Beach to determine concentrations of various indicators of bacterial and
pathogenic water pollution. The OCHCA uses this monitoring data to 'determine if the water
quality at the beaches is suitable for body contact recreation. The OCHCA will close beaches to
body contact recreation when the concentrations of the indicators exceed water quality objectives.
The OCHCA monitors beach water quality for total coliform bacteria, E. coli bacteria jjg2A
coliform instead of E. coli as of January 2000), enterococci, and other suitable indicators of
water pollution from pathogens, and conducts sanitary surveys to determine the sources of
pollution when the indicators exceed water quality objectives.
Based on the water quality monitoring conducted by the OCHCA, and the closure of numerous
beaches to body contact recreation throughout Newport Bay, the SARWQCB has listed Newport
Bay as water quality limited, in accordance with Section 303(d) of the Clean Water Act. The
SARWQCB determined that water quality in the Bay does not currently meet water quality
objectives established by the SARWQCB for the protection of body contact recreation and
shellfish harvesting beneficial uses. On April 9, 1999, the SARWQCB adopted amendments to
the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan), establishing a Total
Maximum Daily Load (TMDL) for Fecal Coliform in Newport Bay. The TMDL includes
requirements for the City of Newport Beach, and other responsible parties, to determine the
sources of pollution causing the beach closures, and to develop and implement control measures
for these sources to ensure compliance with water quality objectives.
The work to be performed under this contract includes the collection and analysis of water
samples to assist the OCHCA and the City of Newport Beach in determining the sources of
bacteriological water pollution at numerous locations throughout the City. The work includes the
collection and analysis of water samples from numerous storm drains and tributaries that
discharge into Newport Bay, and city beaches and marinas to determine the sources of fecal
coliform in the discharges. The City intends to subcontract with the OCHCA, and the laboratories
of Rachel Noble, Ph.D., (SCCWRP, USC) and Sunny Jiang, Ph.D., (UC- Irvine) for the analysis of
Page 1 of 6
EXHIBIT A— SCOPE OF WORK
SWRCB No. 9- 074- 180 -03
City of Newport Beach
the water samples, OCHCA will analyze the samples for total and fecal coliform, € Golf and
eateFessessi enterococci, Rachel Noble will perform RT -PCR to determine the presence of
enteroviruses, and Sunny Jiang will analyze the samples for male specific bacteriophage (F +RNA
coliphages.). All analyses will be conducted on split samples. This work will help to determine
whether there are human sources of bacteria /viruses, as well as to identify the most highly
polluted tributaries /drains.
Traditional bacterial indicators have long been used to assess water quality for the protection of
human health (based on AB 411 standards), in lieu of direct measurement of pathogens, which
are is both time - consuming and expensive. It has been shown that the highest swimmer - related
health risks are related to the presence of human viruses (enteroviruses, adenoviruses); however,
to date, there are few data that show a direct correlation between traditional indicators and human
viruses. This correlation needs to be tested and documented.
Complicating this matter are the methods of detection for human viruses. At present, there are
several new detection methods for human viruses including RT -PCR, but there is no correlation
between RT -PCR and traditional infectivity studies. RT -PCR is a method that gives positive
results for the presence of enteroviruses, including enterovirus fragments; however, the
relationship between positive results from RT -PCR and the presence of infectious virus particles
is also unknown.
The work to be performed under this contract will investigate the relationship between traditional
bacterial indicators, bacteriophages, and human enteroviruses (by RT -PCR and traditional viral
infectivity studies) in the waters of Newport Bay and its major tributaries. Water samples will be
analyzed for traditional bacterial indicators (including total coliform, fecal coliform, E. coli, and
enteroccocci), bacteriophage, and human viruses (by RT -PCR and infectivity studies). The
relationship between bacteria/human viruses in sediments compared to the water column is also
unknown. This relationship will also be investigated if time /funds permit. The City of Newport
Beach intends to contract with SunnV Jiang, P.D. (UC Irvine), Orange County Sanitation
District (OCSD), and Orange County (OC) Coastkeepers for this work.
The Contractor shall be responsible for the performance of the work as set forth herein below and
will be completed in cooperation with its subcontractors, the OCHCA, OCSD, and /or other certified
labs, SCCW RP (Rachel Noble) and UCI (Sunny Jiang).
Vessel waste work will be contracted to Stan Grant, Ph.D. (UC Irvine).
B. Work:
Task 1 - Project Management
1.1 Project Management
Provide all technical and administrative services as needed for project completion as described
under the scope of the contract, including but not limited to staff resources for monitoring,
supervising, and reviewing all work performed, coordination of budgeting, scheduling, and
subcontract administration.
Page 2 of 6
EXHIBIT A —SCOPE OF WORK
1.2. Quarterly Progress Reports
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Prepare and submit written quarterly progress reports to the Contract Manager. The progress
reports shall detail work accomplished, discuss any problems, detail costs incurred during the
subject quarter, and document delivery of any intermediate work products. A brief outline of
upcoming work scheduled for the subsequent quarter shall also be provided. Submit progress
reports to the Contract Manager no later than the fifteenth day of the month immediately following
each calendar quarter throughout the duration of the project.
1.3 Subcontractor Selection
Award subcontracts as necessary to qualified consultants. The subcontractors shall be selected
by a process that complies with applicable state and federal regulations. Prepare a legally
enforceable Agreement between the Contractor and selected subcontractors. The Agreement
shall describe the scope of work and the products expected from the subcontractors. Submit draft
contract documents to the Contract Manager for review and approval prior to execution.
1.4 Project Survey Form
At the completion of the project and prior to final payment, the Project Director shall complete and
provide a project survey form to be included with the final report.
Product: Quarterly Progress Reports, Subcontractor Selection, and Project Survey Form.
Task 2 - Storm Drain and Tributary Sampling
2.1 Sampling Plan for Storm Drains and Tributaries
Prepare a draft sampling plan for: 1) the Back Bay Drive storm drain that discharges into the
Dunes Resort embayment; 2) San Diego Creek; 3) Santa Ana Delhi Channel; 4) Big Canyon
Wash; may; and the storm drains that discharge into Newport Bay at 6 5) the Arches;
7- 6) 43rd St.; 8) V ; and 44 7) Pacific Coast Highway
Bridge. (Site locations subiect to adiustment.) The sampling plan shall identify who will collect
the samples and the time and frequency of sample collection at each location specified. The
sampling plan shall provide for the analysis of the samples for total and fecal coliform,
enterococci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR, which determines the presence of these viruses. This
method may be performed in a MPN type manner, which yields semi - quantitative results. (Note:
An absence of enteroviruses in a sample does not mean viruses are not present at the sampling
site). Submit the draft sampling plan for review and approval by the Contract Manager.
2.2 Implementation of Sampling Plan for Storm Drains and Tributaries
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing the bacterial water quality, including
the bacterial indicators, male- specific bacteriophages and enteroviruses described above for the
storm drains and tributaries identified.
Page 3 of 6
EXHIBIT A— SCOPE OF WORK
SWRCB No. 9 -074 - 180 -03
City of Newport Beach
Task 3 - Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes Embayment
3.1 Sampling Plan for Evaluating Swimmer Shedding of Bacteria/Viruses in the Dunes
Embayment
Prepare a draft sampling plan for evaluating the extent and type of bacterial shedding from
swimmers in the Dunes Resort embayment. The sampling plan shall identify who will collect the
samples and the time and frequency of sample collection at locations within the Dunes Resort
embayment. The sampling plan shall provide for the analysis of the samples for total and fecal
coliform, enteroccocci, and E. coli bacteria, F +RNA coliphage, and enteroviruses. Specifically,
enteroviruses will be detected by RT -PCR or infectivity studies, whichever is determined to be
more suitable for this study. RT -PCR determines the presence of enteroviruses, although it may
be performed in a MPN type manner, which yields semi - quantitative results. (Note: An absence
of enteroviruses in a sample does not mean viruses are not present at the sampling site.) Other
potential sources of bacteria /viruses will also be investigated during this study. Submit the draft
sampling plan for review and approval by the Contract Manager.
3.2 Implementation of Sampling Plan for Evaluating Swimmer Shedding of
Bacteria/Viruses in the Dunes Embayment
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate
shedding of bacteria /viruses from swimmers (and other sources, if any).
Task 4 - Evaluation of Vessel Waste Sources of Bacteria
4.1 Sampling Plan for Vessel Waste
Prepare a draft sampling plan for evaluating vessel waste in several marinas throughout Newport
Bay. The sampling plan shall identify who will collect the samples, the time and frequency of
sample collection, and the location of sampling. The sampling plan shall provide for the analysis
of the samples for total and fecal coliform, E co/i, enterococci and F +RNA coliphage. Submit the
draft sampling plan for review and approval by the Contract Manager. Other sources of bacteria
to marinas, such as storm drains and pumpout stations and pipes, may also be examined
as time and funding permit.
4.2 Implementation of Sampling Plan for Vessel Waste
Implement the draft sampling described above upon approval by the,Contract Manager.
Product: A technical report of the analytical results from the samples collected to evaluate vessel
waste contribution of bacteria.
Page 4 of 6,
EXHIBIT A— SCOPE OF WORK
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task 5 - Comparison of Traditional Bacterial Indicators, Human Viruses and Coliphage
Analyses
5.1 Sampling Plan for Bacteria/ViruslColiphage Comparison
Prepare a draft sampling plan for selected sites of high concern in the waters of Newport Bay, and
its tributaries, based on historically high bacterial data, and Phases I and II of this project. These
sites will most likely be: Fecal Indicator bacterial hot spots including (1) the BaGk Bay DFive
�,, Pra;; that Ghargesinto the Qan T°� ^,;ni4 e, ba me>� (21) San Diego Creek (Campus
�); (3 2, 3) Santa Ana Delhi Channel (Mesa and University sites); (4) Big
Canyon wash (5) Lower Newport Bay at 43rd St; and High use recreational sites such as toe
PaGifie Coast Highway Bridge. Northstar Beach, Newport Dunes — several sites, Balboa
subiect to adjustment. The sampling plan shall identify who will collect the samples, and the
time and frequency of sample collection at each location specified. Water samples from each
location will be split and simultaneously analyzed for total coliform, fecal coliform, E. coli,
eaieFecesci enterococci, F +RNA coliphage, enteroviruses, and salinity. Adenoviruses will also
be investigated if time and funds permit. Enteroviruses will be analyzed by RT -PCR and
traditional viral infectivity studies. RT -PCR is a method that gives positive results for the presence
of enteroviruses, including enterovirus fragments. This method may be performed in a MPN type
manner, which yields semi - quantitative results. (Note: An absence of enteroviruses in a sample
does not mean that viruses are not present at the sampling site.) Salinity will be analyzed for all
water samples so that correlations between salinity and bacteria/viruses may be evaluated.
The sampling plan should allow for a statistically significant comparison of traditional bacterial
indicators, coliphage, and enteroviruses detected by RT -PCR and infectivity studies. If time and
funds permit, sediment samples will be collected from several sites and bacteriallviral analyses
performed to investigate the relationship between bacterialhuman viruses in sediments compared
to the water column.
Submit the Draft Sampling Plan for review and approval by the Contract Manager.
5.2 Implementation of Sampling Plan for BacterialViruslColiphage Comparison
Implement the Draft Sampling Plan described above upon approval by the Contract Manager.
Product: A technical report of the analytical results showing bacterial, viral, and coliphage
analysis, and salinity, including comparisonsitrends between these parameters. (Report will
include comparison between water column and sediment analysis, if sediment and analyses
are performed.)
Page 5 of 6
EXHIBIT A— SCOPE OF WORK
C. SCHEDULE OF COMPLETION DATES:
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
`Cask.
Description
Completion Hate
1
Project Management
1.1
Project Management
On ang
1.2
Quarterly Progress Reports
Beginning September 15, 2000,
and Quarterly thereafter.
1.3
Subcontractor Selection
Ongoing
1.4
Project Survey Form
Apfil -2-O03 November 1. 2003
2.
Storm Drain and Tributary Sampling
2.1
Sampling Plan for Storm Drains /Tributaries July 31, 2000
2.2
Implementation of ' ampling Plan Report January 1, 2002
3.
Evaluation of Swimmer Shedding of BacteriaNiruses in the Dunes
Etnba ment
3.1
Sampling Plan for Evaluating Swimmer
Shedding
May 31, 2001
3.2
Implementation of Sam hng Plan Report
1:?092 Nf av 1 2003
'4 ' `s'
_ Evaluation of Vessel Waste Sources of Bacteria',
4.1
Sampling Plan for Vessel Waste
July 31, 2001
4.2
Implementation of Sampling Plan Report
Ma 1 2003
.-5
Comparison of Traditional Bacterial Indicators, Human Viruses /Coliphage
Analyses.
5.1
Sampling Plan for BactenaNirus/Coli ha e
May 31, 2001
5.2
Implementation of Sampling Plan Report
&epte - "__, Ma 1 2003
Final Project Report
_ November 1 2003
D. REPORTS
a. Not later than September 15, 2000, and quarterly thereafter, during the life of this contract the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken, accomplishment of milestones, and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
b. The Project Director shall submit to the Contract Manager for approval the reports containing
the results of the work performed in accordance with the schedule of this Exhibit.
c. Not later than p 'P l 1, 2003 November 1, 2003, the Project Director shall submit to the
Contract Manager a final report of all the monitoring data collected pursuant to this contract.
Page 6 of 6
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
A. BUDGET
'BASK BUDGE'
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
Task No.
Description
Previous
Amount
Amended
Amount
Revised
Budget-
Amount
Z ' .
Pro "ect Mina 'emeut -
1.1
Project Management
$ 1,000
$ -0-
$ 1,000
1.2
Quarterly Progress Reports
$ 1,000
$ -0-
$ 1,000
1.3
Subcontractor Selection
$ 1,000
$ -0-
$ 1,000
1.4
Project Survey Form
2
Storm Drain and:Tributary sampling
2.1
Sampling Plan for Storm Drains/Tributaries
S 1,000
$ -0-
$ 1,000
2.2
1nip lementationof Sampling Plan
$120,000
$ -0-
$120,000
3 -
Evaluation of Swimmer Shedding of Bacteria/Viruses in the Dunes Emtiav'ment -
3.1
Sampling Plan for Evaluating Swimmer
Shedding
$ 1,250
$ -0-
$ 1,250
3.2
]m lementationofSampling Plan
$150,000
$ 0-
$150,000
4
Evaluation of Vessel'Waste$oureesofBacteria'.-
4.1
S l n Plan for Vessel Waste
$ 1,250
$ 0-
$ 1,250
4.2
lementation of Sampling Plan
$ 50,000
$ 32,000
$ 82,000
- " 8 ..
Comparison of Traditional Bacterial Tndicitors, Human Viruses /Coll ha a Analyses
5.1
Sampling Plan for Bacteria/Virus/Coli ha e
$ 1,500
$ 1,500
5.2
Implementation of Sampling Plan
$247,000
$247,000
>i. Total Cost,
$575,000
$ 32,000
$607,000
In the event the funds provided by the SW RCB are used for this Agreement or future amendments to
this Agreement for procurement of goods or subcontracted services, such procurements shall be
made in accordance with the Contractor's federally approved or State -based purchasing system.
B. LIMITATION OF FUNDING
The maximum amount payable under this agreement shall not exceed $607,000.
The maximum amount to be encumbered under this Agreement for the 1999 -00 fiscal year ending
June 30, 2000 shall not exceed $175,000.
The maximum amount to be encumbered under this Agreement for the 2000 -01 fiscal year ending
June 30, 2001 shall not exceed $400,000.
Page 1 of 3
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS SWRCB No. 9- 074 - 180 -03
City of Newport Beach
The maximum amount to be encumbered under this Agreement for the 2002 -03 fiscal vear
ending June 30, 2003 shall not exceed $32,000.
If funding is reduced or deleted by the Water Board for purposes of this program, the State shall have
the option to either cancel this Agreement with no liability occurring to the State, or offer an
amendment to the Contractor to reflect the reduced amount.
C. INVOICING PROCEDURES
The Contractor shall be paid quarterly in arrears, upon submission of an original and two copies of
the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be
submitted to:
Linda Candelaria, Ph.D.
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
The original and one (1) approved copy of the invoice or payment request will be forwarded to
the State Water Board's Accounting Operations Section by the Contract Manager. Contractors
who are certified as small businesses or recognized as non - profit organizations by the Office of
Small and Minority Business will be paid in accordance with California Government Code, Title
1, Section 926.15. Invoices for all other contractors shall be paid within 45 calendar days. In
either situation, payment of any invoice will be made only after receipt of a complete, adequately
supported, properly documented and accurately addressed invoice or payment request. Failure
to use the address exactly as provided above may result in return of the invoice or payment
request to the Contractor. Payment shall be deemed complete upon deposit of the payment,
properly addressed, postage prepaid, in the United States mail. All invoices must be approved
by the Contract Manager.
2. Payments prior to satisfactory completion of all work required by the Agreement shall not
exceed, in the aggregate, ninety percent (90 %) of the total earned with the balance to be paid
upon satisfactory completion of the Agreement, and provided, further, that the State Water
Board shall retain from the Contractors earnings for each period for which payment is made an
amount equal to ten percent (10 %) of such earnings, pending satisfactory completion of the
Agreement.
3. The invoice shall contain the following information:
(a) The word "INVOICE" should appear in a prominent location at the top of the page(s);
(b) Printed name of the Contractor;
(c) Business address of the Contractor, including P.O. Box, City, State, and Zip Code;
(d) Name of State Water Board /Regional Water Board being billed;
(e) The date of the invoice;
(f) The number of the Agreement upon which the claim is based; and
(g) An itemized account of the services for which the State Water Board is being billed:
(1) The time period covered by the invoice, i.e., the term "from" and "to ";
(2) A brief description of the services performed;
Page 2 of 3
EXIBHIT B — BUDGET AND PAYMENT PROVISIONS
SWRCB No. 9- 074 - 180 -03
City of Newport Beach
(3) The method of computing the amount due. The invoice shall detail the percentage
of each task completed during the invoice period multiplied by the agreed upon cost
to perform each task, as specified in the Budget less the ten percent (10 %)
withhold, if any;
(4) The total amount due; this should be in a prominent location in the lower right -hand
portion of the last page and clearly distinguished from other figures or computations
appearing on the invoice; the total amount due shall include all costs incurred by the
Contractor under the terms of this Agreement; and
(5) Original signature of Contractor (not required of established firms or entities using
preprinted letterhead invoices).
Page 3 of 3