Santa Paula City Council
June 21, 2023

purposes of data collection to support the City’s capital improvement projects. All work shall be performed in accordance with the American Society of Civil Engineers Standard (ASCE) Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data 38-02, latest edition. Vacuum excavation method preferred and provide an electronic field sketch of the utilities designated during the investigation, and SUE quality level description, with each mark included in a table.

6. Mechanical Engineering - Inspection and evaluation of the existing facilities/ improvements, condition assessment, analysis, and recommended improvements for wastewater treatment plant related systems, sewer pump stations, storm drain lift stations, refrigeration/HVAC systems and process equipment.

7. Traffic Engineering - Inspection and evaluation of the existing traffic signals and controller assemblies, with and without railroad pre-emption, recommended improvements, traffic volume/flow studies, traffic signal analyses, traffic impact analyses, collection analysis, traffic/parking studies, VMT and HCM traffic forecasting, traffic signal and stop sign warrant analyses and studies.

8. Water and Wastewater Consulting and Engineering - Water and Wastewater System Design services (master planning, conceptual, alternative study, preliminary, and project), Wastewater Treatment Plant Design and Engineering AMI meter program design and development, including integration with related systems, and data analysis and reporting systems, water loss reporting and construction administration/management.

9. Geotechnical - Provide physical investigations and related geotechnical reporting to support roadway, bridge, and utility projects. Perform R-value testing and associated pavement section recommendations, pavement condition assessment, field investigation, boring, laboratory testing.

10. Material Testing - Review project plans and specs for material testing requirements, provide Material Testing/Quality Control/Quality Assurance, confirm the project’s proper testing procedures and requirements, submit test results for compliance/non-compliance and provide special inspection and testing during construction.

11. Environmental Consulting and Monitoring - Environmental permitting for projects (permit application and processing as necessary) for compliance with local, state, and federal regulatory agencies, environmental review and establishment of project requirements, CEQA document preparation (Initial Studies, ND, MND) and environmental Impact Report (preliminary and final), and condition setting.

12. Right of Way - Obtain and analyze title reports, right of way investigation, review, and appraisal, provide fair market value of properties, temporary and permanent easements, prepare full appraisal report for properties to be acquired, negotiation 428
Addendum No. 1

with property owners, and associated acquisition. Consultant must be familiar with Caltrans Right of Way Manual and acquisition process for projects with State/Federal funding.

13. Surveying - Topographic surveys and mapping, boundary surveying and mapping, right of way survey, determination, and mapping, construction surveying, construction staking, as-built survey, 3D laser scanning and Modeling, architectural/engineering design surveys, aerial surveys and ALTA/ACSM land title surveys.

14. Hydrology and Stormwater - Provide hydrology, hydrogeology, and stormwater management recommendations for City Capital Improvement Program (CIP) and special projects, delineate tributary boundaries of watersheds leading to project discharge points, apply City storm drain system master plan hydrology and augment as appropriate using the Ventura County Modified Rational Method for hydrology computations, perform calculations for biological and proprietary Best Management Practices (BMPs) per the most recent Ventura Countywide Technical Guidance Manuals and provide design support for City CIP and special projects as described above. Consultant should be familiar with storm drain master plans and related master planning efforts, scoping, deficiency analysis, design and cost estimation for proposed improvements.

15. Landscape Architecture – Design of landscaping, irrigation and hardscape improvements associated with City CIP efforts, including preparation of plans, specifications and estimates. Consultant will review existing landscape/irrigation systems and improvements, prepare irrigation designs and water usage calculations, including those associated with Model Water Efficiency Landscape Ordinance (MWELO) requirements. Consultants may be required to provide design services associated with site design, including minor retaining walls, area drainage systems, trellis and similar accessory structures.

Proposal Requirements & Instructions
The proposal shall demonstrate the qualifications, competence, and capacity of the company to provide the services for each service category they submit for in accordance with the requirements of the RFQ.

The proposal shall contain the information as set forth in this section at a minimum. Failure to include this information, or an incomplete response, may be cause for disqualification.

The proposals will be used to evaluate and select the most qualified firm or firms.

REQUIRED PROPOSAL INFORMATION
The proposal shall include the following information as a minimum:
429
Addendum No. 1

Section A: Presentation
Offerors shall submit one consolidated response to this RFQ, even if multiple services are being offered. The proposal shall be typed and submitted on 8 1/2" x 11 '' size paper, up to a TOTAL page limit of 30 pages (exclusive of dividers, transmittal letter, Table of Contents, and required forms). Offerors should not include any unnecessarily elaborate promotional material. The lengthy narrative is discouraged, and the proposal should be brief, clear, and concise.

The response shall include the following:

Section B: Introduction

1. Letter of Transmittal:

Responses must be signed and include a letter of Transmittal with identification of Offeror who will have contractual responsibility with the City of Santa Paula.

Identification shall include the legal name of the company, corporate address, telephone number, and email address of the contact person identified during the period of proposal evaluation. If the individual/firm operates from more than one location, please specify the office to which this project will be assigned.

Additionally, please identify the service categories that the proposer is offering to provide.

If your firm is subcontracting portions of this work, please indicate the firms with which you will be partnering along with the name, address, phone number, fax number, and email address of the contact person. Indicate the task that will be subcontracted and how the subcontract work will be managed and checked for quality control.

Section C: Technical Proposal

2. Firm Information & Qualifications:

This section of the proposal shall establish the ability of the Offeror to satisfactorily perform the required work by reasons of experience in performing work of a similar nature to the Scope of Work for the Service Categories they are submitting for; proven competence in the services to be provided; strength and stability of the firm; staffing capability; current workload; track record of meeting schedules on similar projects and supportive client references.

Firms must describe the qualifications possessed to perform services under this engagement. Include information about pertinent prior experience, the number of years the firm has been in business, specialized expertise. 430
Addendum No. 1

The Offeror shall:
 Provide a brief profile of the firm, including the types of services offered; the year founded; the form of the organization (corporation, partnership, or sole proprietorship); number, size and location of offices; and the total number of employees.
 Describe the firm's experience in performing work of a similar nature to that solicited in this RFQ, and highlight the participation in such work by the key personnel proposed for assignment to the City.
 Describe specialized training, experience, and professional competence in the area directly related to the service being offered.  Identify sub-consultants by company name, address, contact person, telephone number, and project function, if applicable. The list should include a summary of the roles and responsibilities of each sub-consultant.

3. Proposed Staffing and Organization:

This section of the proposal shall establish the method that will be used by the Offeror to provide requested services as well as identify key personnel assigned.

The Offeror shall:
 Provide the education, training, experience, and applicable professional credentials of the proposed Project Manager.
 Furnish brief resumes (two pages maximum per resume) for the proposed Project Manager and key personnel (including sub-consultants).  Identify key personnel proposed to perform the specified tasks and include major areas of sub-consultant work.
 Include an organizational chart with clearly defined roles, lines of communication, and support services.
 Provide a table identifying the current availability of key staff and resources.  Provide a list of areas of technical expertise with respect to the Statement of Work.

4. Relevant Experience & References:

For each professional service being proposed, the offeror shall:

Provide a minimum of three (3) references for completed work similar to that in the scope of services being offered within the last three (3) years. Reference projects should have been completed within the last four (4) years and similar to those described in this RFQ. Please include the following information:

1. Name of client.

2. Name and title of the client's primary contact.

3. Telephone number, fax number, email address, and mailing address of the client’s primary contact.

4. A brief description of the types of services provided, the location where the services were provided, and the dates of service.
431
Addendum No. 1

5. Project Management System:

In the Project Management System Area, it is highly recommended that the Offeror provide sufficient content and detail to answer completely the following:
 Describe the firm’s Quality Assurance and Quality Control procedures.  Describe the firm’s tracking system to monitor project budget and scope.  Describe the firm’s ability to provide interaction with clients and stakeholders.

6. Hourly Rate Schedule:

In the Hourly Rate Schedule Area, the Offeror should complete the Hourly Rate Schedule by filling in the specialty, title, and description of the positions that will be required to complete the requirements of the Statement of Work that the Offeror is applying for in response to the RFQ. Also include all anticipated reimbursable costs to include direct costs (e.g. travel), and indirect costs (i.e. overhead and general and administrative costs).

7. Lawsuit/Litigation History:

List any lawsuits or arbitration proceedings that have been initiated by or against your firm in the past five years. Briefly state the nature of the action and the outcome.

8. Financial Interests:

All existing and past financial relationships, including agreements between your firm and proposed subcontractors, with current members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past, and present. If there are none, the proposal shall clearly state this. The Members of the City Council can be viewed at:
http://www.ci.santa-paula.ca.us/Council-Members.htm.

9. Public Works Contractor Registration Certification (DIR):

If the Offeror is submitting for a service category that may be subject to prevailing wages, then a DIR number must be provided to the City.

Proposals must be signed by representatives of the company who have the authority to bind the company to its provisions. Responses shall be prepared and submitted at the respondent’s sole expense. All proposals will become the property of the City of Santa Paula and will not be returned. There will be no public bid opening. The City reserves the right to negotiate mutually acceptable service-related conditions, including cost. 432
Addendum No. 1

INSTRUCTIONS
By submitting a response to this RFQ, the responding firm represents that it has thoroughly examined and become familiar with the services required in this RFQ and that it is capable of performing quality work to achieve the objectives of the RFQ.

Addenda
Any changes to the requirements will be made by written addenda to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Agreement. The City of Santa Paula will not be bound to any modifications or deviations from the requirements set forth in this RFQ as the result of oral instructions.

Firms shall acknowledge receipt of addenda (if any) on the cover letter in their proposals.

Failure to acknowledge receipt of all addenda may cause a proposal to be deemed nonresponsive. All addenda will be available on the City’s website under the “Business & Development, Bids & RFPs” section.

Submission Of Proposals
A searchable pdf file of the proposal shall be submitted electronically, no later than 3:00 P.M. Wednesday, May 24, 2023 to:

Tatiana Arnaout, [email protected]
A proposal may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.

A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED.

Agreement/Contract Terms
The successful firms will be notified and placed on a short list of prequalified on-call engineering and professional consulting services consultants. When services are required, the City will choose the firms best suited for the tasks from the short list and award via separate contract with the City reflecting the terms and conditions of the SOQ in addition to the City's standard professional services agreement requirements. The short list will be valid for a period of three (3) years from the date of the original selection. 433
Addendum No. 1

The firm shall provide all necessary personnel, instruments, equipment, and materials to perform the described services.

Tentative Schedule
The following proposed project schedule is provided for reference only.  Release RFQ April 12, 2023
 Deadline for receiving questions: May 17, 2023
 SOQ package due by: May 24, 2023 at 3:00 pm
 Interview (if City deems appropriate): 4th week of May 2023  Consultants Notified/Selection (short list): 1st week of June 2023  Council Review and Consideration: June 21, 2023

Selection Process
All proposals will be reviewed by a Selection Committee. The various selection criteria are summarized below. The City's final selection will not be dictated on any single factor, including price. A firm may be eliminated from consideration for failure to comply with any of the requirements of this RFQ, depending upon the critical nature of such requirements.

Proposals will be evaluated on the criteria specified below:

1. Qualifications of the Firm (25 points) Technical experience in performing work of a similar nature; experience working with public agencies; strength and stability of the firm; and assessment by client references.

2. Proposed Team and Organization (25 Points) Qualifications of proposed key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City's needs.

3. Past Experience and References (20 points) Experience in providing services similar to those requested herein; experience working with public agencies; assessment by client references.

4. Quality Control (20 points) In this section, the Offeror must demonstrate sufficient content and detail to describe the firm's internal QA/QC procedures, a tracking system to monitor project budgets, scheduling programs/processes, etc. in order to deliver a timely, complete, accurate and on-budget project.

5. Proposal Presentation (10 points) Presentation is an important factor. Offerors should provide a highly professional product, which is complete, accurate, easily understood, and effectively presented.

The City of Santa Paula reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. During the evaluation period, the City may do any or all of the following:
 Generate a “short list” and conduct interviews with the top candidates;  Conduct on-site visits and/or tours of the candidates’ places of business; 434
Addendum No. 1

 Conduct negotiations with the most qualified candidate(s).

Consultants should be aware, however, that award may be made without consultant visits, interviews, or further discussions or negotiations.

Oral Presentation/Interview: Respondents who submit a proposal in response to this RFQ may be required to give an oral presentation of their proposal to the City of Santa Paula Public Works staff. This provides an opportunity for the respondent to clarify or elaborate on the proposal. These are fact-finding and explanation sessions only and do not include negotiation. The City of Santa Paula will schedule the time and location of these presentations. Oral presentations are an option of the City of Santa Paula and may or may not be conducted.

Award
It is anticipated that there will be negotiations or discussions with Offerors. However, the City reserves the right to award without negotiations or discussions. The City also reserves the right to award a contract not necessarily or merely to the Offeror with the most advantageous price. The City intends to award to the Offeror that demonstrates the best value to the City and the most substantiated ability to fulfill the requirements contained in this Request for Qualifications. A contract prepared by the City will be finalized and/or negotiated with the successful Offeror. In the event a contract cannot be negotiated with the top-ranked Offeror, the City may enter into negotiations with the second-highest ranked Offeror, or the City may decide to call for new proposals.

Insurance Requirements
Insurance shall be obtained and maintained at all times during the term of the Professional Services Agreement, and not less than the following coverage and limits of insurance under forms of policies satisfactory to the City.

Proof of insurance shall be submitted before the award of the Professional Services Agreement. An example of an acceptable form of proof of insurance is enclosed (Exhibit B). The insurance company shall be an admitted carrier in the State of California with an A.M. Best rating of A-IV or better.

All insurance required pursuant to the Professional Services Agreement shall:

1. Name the City of Santa Paula, its employees, city council members, officers, and agents as additional insureds.

Specific provisions for insurance are set forth in the enclosed Professional Services Agreement template (Exhibit B).

The successful Consultant is required to obtain insurance, as set forth in the RFQ, with an insurer or insurers that are satisfactory to the City. Failure to meet the insurance requirements will result in the Consultant's disqualification. By signing and submitting a 435
Addendum No. 1

proposal, the Consultant is certifying that it has reviewed the City's insurance coverage requirements and that the said insurance coverages will be obtained and be in force upon execution of a Professional Services Agreement with the City. The successful Consultant shall submit a completed certificate of insurance with the signed Professional Services Agreement.

Failure to respond to the RFQ requirements will result in the disqualification of the proposal as non-responsive to the RFP.

Right To Reject Any or All Proposals
The City reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFQ. Receipt of a proposal by the City does not constitute a contract with the City. All costs incurred in the preparation of the proposal and subsequent material will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by a proposer. All quotes, inquiries, responses correspondence, proposals, reports, charts, displays, schedules, exhibits and other documentation or other information submitted to the City in response to this RFQ will become the property of the City and a matter of public record.

The City retains the right to abandon the proposal process at any time prior to the actual execution of a contract with no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreement entered into.

The specifications included within the scope of work are intended to be as detailed as possible; however, respondents shall not take advantage of omissions or oversights in this document. The successful proposer shall supply products or services that meet or exceed the requirements of this document.

Prevailing Wage
Certain labor categories under this RFQ may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a "Public Works" project require payment of prevailing wages.

Wage information is available through the California Division of Industrial Relations web site at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Other
Severability: If any terms or provisions of this Request for Qualifications shall be found to be illegal or unenforceable, then such term or provision shall be deemed stricken and the remaining portions of this document shall remain in full force and effect. 436
Addendum No. 1

Right to Refuse: The City of Santa Paula reserves the right to retain a proposer it determines to be the most qualified (whether such proposer has submitted a qualifications statement in response to this RFQ or not) without competition if such action is deemed to be in the best interests of the City of Santa Paula. There is no guarantee that any proposer deemed qualified through this RFQ will, in fact, be awarded any services by the City of Santa Paula.

Secured Funding Disclaimer: The award of any contract is contingent upon securing funding, as identified in a future City Council approval and award of the specific Contract.

Assigning/Transferring of Agreement: Any successful firm is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the resulting agreement or its rights, title, or interest therein or its power to execute such an agreement to any other person, company or corporation without prior consent and approval in writing from the City of Santa Paula.

Evaluations of the proposals will be available for public inspection at the conclusion of the selection process. Submission of a proposal constitutes acceptance of the conditions contained in the RFQ unless clearly and specifically noted in the proposal submitted and confirmed in the Professional Services Agreement.

Enclosures: Exhibit A – Certificate of Insurance
Exhibit B – Professional Services Agreement Sample
437
EXHIBIT A438
65283.00007\41133458.1
-1- PROFESSIONAL SERVICES AGREEMENT
[***MODEL - REMOVE THIS TITLE WHEN USED***]

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.***], with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing [***INSERT TYPE***] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE***] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE

FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within EXHIBIT B439
65283.00007\41133458.1
-2- PROFESSIONAL SERVICES AGREEMENT
the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City and included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 440
65283.00007\41133458.1
-3- PROFESSIONAL SERVICES AGREEMENT

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
[***INSERT NAME AND TITLE***].

3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such 441
65283.00007\41133458.1
-4- PROFESSIONAL SERVICES AGREEMENT
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA 442
65283.00007\41133458.1
-5- PROFESSIONAL SERVICES AGREEMENT
requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 443
65283.00007\41133458.1
-6- PROFESSIONAL SERVICES AGREEMENT

3.3.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE***]

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***]Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
444
65283.00007\41133458.1
-7- PROFESSIONAL SERVICES AGREEMENT
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***](1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they 445
65283.00007\41133458.1
-8- PROFESSIONAL SERVICES AGREEMENT
would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 446
65283.00007\41133458.1
-9- PROFESSIONAL SERVICES AGREEMENT
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 447
65283.00007\41133458.1
-10- PROFESSIONAL SERVICES AGREEMENT

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel 448
65283.00007\41133458.1
-11- PROFESSIONAL SERVICES AGREEMENT
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must 449
65283.00007\41133458.1
-12- PROFESSIONAL SERVICES AGREEMENT
include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: [***INSERT BUSINESS NAME***]
[***INSERT STREET ADDRESS***]
[***INSERT CITY STATE ZIP***]
ATTN: [***INSERT NAME AND TITLE***]
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: [***INSERT NAME AND TITLE***]
Such notice shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named above; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named above; (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier; or (iv) on the date and time of delivery shown in the records of the transmitting party after transmission by facsimile machine or email to the recipient named above.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 450
65283.00007\41133458.1
-13- PROFESSIONAL SERVICES AGREEMENT

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 451
65283.00007\41133458.1
-14- PROFESSIONAL SERVICES AGREEMENT
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 452
65283.00007\41133458.1
-15- PROFESSIONAL SERVICES AGREEMENT

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
453
65283.00007\41133458.1
-16- PROFESSIONAL SERVICES AGREEMENT

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.8 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF FEMA FUNDED; DELETE OTHERWISE. IF FUNDED BY FEDERAL FUNDS OTHER THAN FROM FEMA, CONTACT THE CITY ATTORNEY’S OFFICE FOR ASSISTANCE***]
FEMA financial assistance will be used to fund all or a portion of this Agreement. The Consultant shall comply with all federal requirements including, but not limited to, the following:
2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference, and Federal Contract Provisions attached hereto as Exhibit “A-1” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]

454
65283.00007\41133458.1
-17- PROFESSIONAL SERVICES AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND
[***INSERT NAME***]
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF SANTA PAULA [INSERT NAME OF CONTRACTOR]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:
[INSERT NAME]
[INSERT TITLE]
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
455
65283.00007\41133458.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
[***INSERT SCOPE***]
456
65283.00007\41133458.1
Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
[***INCLUDE THIS SECTION AND EXHIBIT ONLY IF FEMA FUNDED; DELETE OTHERWISE.

IF FUNDED BY FEDERAL FUNDS OTHER THAN FEMA, CONTACT THE CITY ATTORNEY IF ASSISTANCE IS NEEDED***]
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant's personnel for the purpose of interview and discussion related to the books and records. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States.

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

2.1 Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

2.1.1 The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2.1.2 The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, 457
65283.00007\41133458.1
Exhibit “A-I-2” PROFESSIONAL SERVICES AGREEMENT
gender identity, or national origin.

2.1.3 The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

2.1.4 The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

2.1.5 The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

2.1.6 The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

2.1.7 In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2.1.8 The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
458
65283.00007\41133458.1
Exhibit “A-I-3” PROFESSIONAL SERVICES AGREEMENT
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2.2 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with the following:

2.2.1 Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

2.2.2 Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

2.3 Appendix II to Part 200 (H) – Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or 459
65283.00007\41133458.1
Exhibit “A-I-4” PROFESSIONAL SERVICES AGREEMENT
disqualified (defined at 2 C.F.R. § 180.935). Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above.

Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

2.4 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act. Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

2.5 Procurement of Recovered Materials. In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

3. MISCELLANEOUS PROVISIONS

3.1 The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

3.2 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

3.3 Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

3.4 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract.

3.5 General and administrative expenses shall be negotiated and must conform to the Cost Principles in 2 C.F.R. Part 200. Profit shall be negotiated as a separate element of the cost. 460
65283.00007\41133458.1
Exhibit “A-I-5” PROFESSIONAL SERVICES AGREEMENT
To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.
461
65283.00007\41133458.1
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
462
65283.00007\41133458.1
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 463
464
465
466
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: AMENDMENTS TO VENTURA REGIONAL SANITATION DISTRICT

OPERATION AND MAINTENANCE CONTRACTS
Date: June 21, 2023
Agenda Item: 10.O

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Authorize the City Manager to execute Amendment No. 2 to VRSD Contract No. 21-004, Agreement for Wastewater Facility Operation, Management, and Maintenance Between City of Santa Paula and Ventura Regional Sanitation District (VRSD) contingent on VRSD Board approval.

2. Authorize the City Manager to execute Amendment No. 3 to VRSD Contract No. 19-005, Wastewater Collection System and Stormwater Sewer System Maintenance Agreement By and Between the City of Santa Paula and Ventura Regional Sanitation District (VRSD) contingent on VRSD Board approval.

BACKGROUND:

City’s Wastewater Collection System and Storm Drain System (WCS):

The City owns a wastewater collection system of approximately five square miles, delivered by gravity flow to the City’s Water Recycling Facility (WRF) for treatment and disposal. The wastewater collection system consists of approximately 60 miles of collection lines, with pipeline diameters from 6 to 24 inches, 0.5 miles of force mains, 1190 manholes and two lift stations. The City also owns an extensive system of curb gutters, storm drains, and catch basins as part of its storm drain system.

In February of 2014, the City contracted with American Water (AWOM) to maintain the wastewater collection system; later AWOM sold its contract interests with the City to Veolia North America. The agreement with AWOM/Veolia North America ended December 2018 and was immediately replaced with a temporary, month-to-month service agreement with VRSD.

VRSD is a regional non-tax supported public agency providing sanitation services throughout Ventura County including private and public entities.

On March 20, 2019, the City entered into a multi-year agreement with VRSD to operate and maintain the City’s wastewater collection and storm drain systems (Contract No. 19-005). 467
Amendment No. 1 to Contract No. 19-005 was approved on November 19, 2020. The amendment aligned the annual contract term with the fiscal year calendar and extended the agreement end date from March 31, 2023, to June 30, 2023. Amendment No. 2 to Contact No. 19-005 was approved on May 18, 2022. The amendment defined the contract amount for FY 2022-23 as $575,821 and extended the agreement end date to June 30, 2027.

Water Recycling Facility (WRF):

The City is the owner of a publicly owned water recycling facility (WRF). The WRF is sited on a 50-acre parcel located at 920 Corporation Street, and is designed to treat wastewater flows up to 4.2 million gallons per day (MGD) with a peak operating capacity of 7.0 MGD.

On April 7, 2021, the City Council approved an Operations, Management and Maintenance Agreement (“OMM Agreement”) (VRSD Contract No. 21-004) with VRSD to provide services for the WRF. Subsequently, the VRSD Board approved Contract No. 21-004 at their April 15, 2021 meeting.

On April 16, 2021, VRSD assumed staffing operations from the previous contracted staffing operator (Veolia North America) for the City for a term from April 15, 2021 to June 30, 2022.

Amendment No. 1 to VRSD Contract No. 21-004 was approved on May 18, 2022. The amendment defined the contract amount for FY 2022-23 as $1,171,920 and extended the agreement end date to June 30, 2027.

ANALYSIS:

On May 4, 2023, Staff sent a letter to VRSD requesting that they review projected costs for their services through the end of FY 2022-2023.

WCS (VRSD Contract No. 19-005):

In FY 2022-2023 VRSD’s services under their WCS contract included responding to DigAlert requests (an essential service), providing utility locating and marking services for the sewer and storm drain systems. VRSD has provided this service for the City since the beginning of their contract; prior to VRSD these services were provided by Veolia and/or Streets crew personnel.

DigAlert services over the last few years have exceeded the amount of effort that was anticipated under VRSD's current contract, with approximately 1,600 callouts per year. This can be attributed to the large volume of construction projects that have occurred in the City over the last few years in the post-pandemic increase in construction activities. DigAlerts require rapid response, necessitating VRSD to mobilize in a short timeframe (within 48 hours, required by state law) in order to mark sewer and stormwater pipeline locations to avoid them being damaged during construction activities. VRSD is able to provide this service efficiently, avoiding the need to mobilize City Streets personnel and remove them from their normal work.

Due to the larger-than-anticipated number of DigAlert callouts during FY 22/23, staff is recommending Council approve WCS Amendment No. 3 to retroactively increase the current not-to-exceed amount by $114,531 for DigAlert services to meet VRSD's anticipated fiscal year-end costs.
468
Also during FY 22/23, VRSD provided additional services to investigate odor issues and provide repair services at the Arbor Executive Homes lift station and surrounding collections system located at Cliff Drive at the City’s request. The work at Cliff Drive was unanticipated but performed due to the emergent need to mitigate odor issues and the public outcry for immediate response. VRSD has provided a breakdown of the costs related to these services, with the additional costs for the work on Cliff Drive being $76,669.

VRSD also provided additional investigative services (CCTV probes) during and following the drainage pipe collapse on 6
th Street that occurred on March 1, 2023. Excessive rainfall volumes caused the pipe to collapse creating a large sinkhole when the overlaying pavement collapsed adjacent to the Santa Paula High School. In the abundance of caution, staff requested VRSD to conduct a CCTV investigation of all storm drainage pipes of the surrounding street infrastructure. VRSD has provided a breakdown of the costs for these additional services totaling $45,785.50.

The requested DigAlert amendment and additional work on Cliff Drive add up to a total of $191,200. This additional cost is included in the requested amendment amount. The additional investigative services associated with the Santa Paula High School sinkhole are not included in the requested amendment amount, but illustrate a significant, unforeseen event and related expense that contributed to the overage in annual budgeted expenditures.

Staff and legal counsels for the City and VRSD tentatively agreed to language for WCS Contract Amendment No. 3. City's legal counsel has since added a provision (#5 below) that VRSD has not yet considered. As of the writing of this report, the VRSD Board is scheduled to consider WCS Amendment No. 3 on June 29, 2023. City Council’s approval of this amendment is understood to be contingent on the approval of VRSD's Board.

To account for the FY 22/23 additional expenses that were not included in the existing contract and based on VRSD cost estimates and anticipated scope of work in future fiscal years, the WCS Contract Amendment No. 3 (Exhibit A) would:

1. Retroactively increase the current not-to-exceed amount for FY 2022-23 from $575,821 to $767,021 to include funds for additional work on DigAlert services and for Cliff Drive investigations and repairs.

2. Increase the current not-to-exceed amount for FY 2023-24 to $740,066 to include projected costs to provide continued DigAlert services.

3. Update VRSD's hourly rates for FY 23/24 to be automatically adjusted each year by CPI, but in no event more than 5%.

4. Establish an annual fee schedule reflecting the not-to-exceed amounts from FY 2020/21 through FY 26/27.

5. Add language that City's payment obligations are contingent on the City's approved budgets.

Staff has investigated other contract service providers (such as Utiliquest and C-Below) that could be contracted with for DigAlert services for FY 2023-24 and future years, and were not able to find a more cost-effective approach compared to continuing to utilize VRSD for these services, and there is not City staff available to provide DigAlert responses.

WRF Operations, Management and Maintenance Agreement (VRSD Contract No. 21-004):
469
In FY 2022-2023 VRSD provided materials, equipment, supplies, and outside contract services that were not permitted by their original WRF OMM Agreement, unless staff obtained proper approvals first. City staff has requested such purchases over the course of FY 2022- 2023, including but not limited to ongoing forklift rentals, tank diving services, and purchase of equipment and services on emergency basis. This resulted in an additional $84,297 in funds above the contract amount for FY 2022-23 being needed to complete the fiscal year.

Staff and legal counsels for the City and VRSD tentatively agreed to language in a draft of OMM Contract Amendment No. 2. City's legal counsel has since added a provision (#6 below) that VRSD has not yet considered. As of the writing of this report, the VRSD Board is scheduled to consider a proposed OMM Amendment No. 2 on June 29, 2023. City Council’s approval of the amendment is understood to be contingent on the approval of VRSD's Board.

To account for the FY 22/23 additional expenses and services that were not included in the existing contract and based on VRSD cost estimates and anticipated scope of work in future fiscal years, OMM Amendment No. 2 (Exhibit B) would:

1. Extend the term to June 20, 2027.

2. Retroactively increase the current not-to-exceed amount for FY 2022-23 from $1,171,920 to $1,256,217 to include funds for additional materials, supplies, and outside services (an additional $84,297 for FY 2023-24).

3. Increase the current not-to-exceed amount for FY 2023-24 to $1,381,699 including projected costs to provide additional materials, supplies, outside services, and maintenance of the MaintStar system (an additional $86,320 for FY 2023-24).

4. Revise the scope of services to include maintenance and upkeep of the City's asset management system (MaintStar) for the WRF.

5. Update VRSD's hourly rates for FY 23/24 to be automatically adjusted each year by CPI, but in no event more than 5%.

6. Add language that City's payment obligations are contingent on the City's approved budgets.

STRATEGIC PLAN:

This item is not a goal or objective in the City Council’s two-year Strategic Plan, however, it will facilitate the continued operation of wastewater collections and treatment for City residents and businesses.

FISCAL IMPACTS:

The Sewer Enterprise Fund will fund all costs related to both Amendments.

Costs for WCS work performed under Amendment No. 3 to VRSD Contract No. 19-005 for FY 2022-23 are $767,021 and for FY 2023-24 are $740,066. Rates can be adjusted annually for inflation, in accordance with the U.S. Bureau of Labor Statistics’ Consumer Price Index (CPI), from a minimum of 0% to a maximum of 5%.

Costs for WRF work performed under Amendment No. 2 to VRSD Contract No. 21-004 for FY 2022-23 are $1,256,217 and for FY 2023-24 are $1,381,699. Similar to Contract No. 19-005, rates can be adjusted annually for inflation, in accordance with the CPI, from a minimum of 0% to a maximum of 5%.
470
OPTIONS:

The Council has the following available alternative options to Staff’s recommendations:

1. Do not authorize the City Manager to execute WCS Amendment No. 2 and/or WRF Amendment No. 3 and direct staff to renegotiate one or more terms in the Amendments with VRSD. If the VRSD Board and City Council cannot agree to the revised Amendment(s) terms before June 30, 2023, the WRF and/or WCS would potentially be operating without a designated Chief Plant Operator and O&M Contractor. This could have catastrophic results, including the levying of fines against the City by the LARWQCB and other agencies of jurisdiction.

2. Authorize the respective Amendments but request staff return with alternatives to the DigAlert and MaintStar asset management implementation.

ATTACHMENTS:

Exhibit A - Amendment No. 3 to VRSD Contract No. 19-005.pdf Exhibit B - Amendment No. 2 to VRSD Contract No. 21-004.pdf 471

EXHIBIT B
Amendment No. 3 to VRSD Contract No. 19-005
472
65283.00007\41397642.2
1 AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
This AMENDMENT NO. 3 (“AMENDMENT NO. 3”) to that certain WASTEWATER

COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM MAINTENANCE

AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA AND VENTURA REGIONAL SANITATION DISTRICT, dated March 20, 2019 (“ORIGINAL AGREEMENT”) is made and entered into this ____ day of June 2023, by and between the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code Section 4700 et. seq., (“DISTRICT”) and the CITY OF SANTA PAULA, a California general law city and municipal corporation (“CITY”) (each a “Party”; and together, the “Parties”.

RECITALS
A. On March 20, 2019, DISTRICT and CITY entered into the ORIGINAL AGREEMENT, wherein DISTRICT agreed to service and maintain the CITY’s wastewater collection system and separate stormwater sewer system.

B. On November 19, 2020, CITY and DISTRICT entered into AMENDMENT NO. 1 to the AGREEMENT. AMENDMENT NO. 1 extended the end date of the ORIGINAL AGREEMENT to June 30, 2023 to align with the fiscal year (“FY”) and made corresponding amendments to the Base Annual Fee schedule, attached as Exhibit A-2 to the ORIGINAL AGREEMENT, including an increase to the total four-year contract amount from $1,416,201 to $1,542,201, an $81,000 increase.

C. On May 18, 2022, CITY and DISTRICT entered into AMENDMENT NO. 2 to the ORIGINAL AGREEMENT. AMENDMENT NO. 2 extended the end date of the ORIGINAL AGREEMENT to June 30, 2027, increased the contract amount for FY 2022-2023 (i.e. Contract Year 4) to $575,821, specified in greater detail the costs of services and equipment (including the addition of an exhibit with DISTRICT hourly rates), added an automatic annual Consumer Price Index (CPI) adjustment, required rebates to customers under certain conditions, and revised the grounds and conditions for termination.

D. As used hereafter, the term “AGREEMENT” shall mean the ORIGINAL AGREEMENT, as amended by AMENDMENT NO. 1 and AMENDMENT NO. 2.

E. The Parties have determined that it is necessary to amend the AGREEMENT to help DISTRICT to continue offering cost-effective, essential, public services to public agency wastewater clients, including CITY.
473
65283.00007\41397642.2
2 F. DISTRICT and CITY now desire to enter into this AMENDMENT NO. 3 to increase DISTRICT compensation for FY 2022-2023 and FY 2023-2024, update DISTRICT hourly fees, expand the scope of services, and clarify the base annual fee for DISTRICT services.

G. Unless otherwise specifically defined herein, all capitalized terms will have the same meaning ascribed in the ORIGINAL AGREEMENT.

NOW, THEREFORE, based upon valuable consideration below and the Recitals above, it is mutually agreed by and between the Parties, in accordance with Section 18 of the Agreement, that the Agreement will be amended as follows:

AMENDMENT TERMS AND CONDITIONS

1. The term CONTRACTOR is hereby replaced with the term “DISTRICT.”

2. Section 1 is hereby amended in its entirety to read as follows:
“1. CONSIDERATION or PAYMENT for SERVICES.

A. DISTRICT agrees to perform the work listed in the SCOPE OF SERVICES in Section 3 and Exhibit B (the “Services”), below, on a time and materials basis and CITY agrees to pay DISTRICT the entire cost to DISTRICT of performing the Services which shall be $767,021 for FY 2022-2023 and $740,066 for FY 2023-2024. CITY shall be billed only for costs incurred. CITY shall not be billed for costs exceeding total written authorization and DISTRICT shall not be obligated to perform work in excess of written authorization from CITY. For this Agreement, the entire cost to CITY shall include:
(1) For personnel services (for FY 2023-2024), the DISTRICT billing rate associated with the classification of each individual performing services, as shown in Exhibit “A-3” Hourly Rates, attached and incorporated herein by reference. The Hourly Rates will automatically be adjusted in accordance with Section 1.F., below, each year thereafter.
(2) For purchase of supplies, equipment, and services, the actual cost of the plus a fifteen percent (15%) markup.
(3) For provision of equipment and machinery (for FY 2023-2024), the actual and complete cost of owning, operating and replacement of said equipment, including but not limited to, depreciation; consumable supplies such as gasoline, electricity, or paper; maintenance; and insurance costs, as shown in Exhibit “A-3” Equipment & Supply (Consumable) Rates, attached and incorporated herein by reference. The Equipment & Supply (Consumable) Rates shall automatically be adjusted in accordance with Section 1.F., below, each year thereafter.
474
65283.00007\41397642.2
3 B. Compensation for Services. DISTRICT shall submit a monthly statement for its services accompanied with a letter of explanation. CITY shall reimburse DISTRICT for expenses within 30 days of the receipt of the statement.

C. Existing Fixed Assets. All existing CITY fixed assets, rolling stock, inventory and supplies of and accessory to the CITY facilities are and will remain the property of CITY.

DISTRICT is acting solely as an agent on behalf of CITY in its acquisition, use, and disposition of such items. DISTRICT shall not enter into contracts for acquisition or disposal of CITY fixed assets without prior approval of CITY.

D. Records. DISTRICT shall maintain all accounting in conformance with generally accepted accounting principles and all applicable laws and regulations.

E. Examination of Records. DISTRICT agrees that CLIENT shall have, during normal business hours, access to and the right to examine any directly pertinent books, documents, papers, and records of DISTRICT and of all the transactions relating to this agreement.

F. Rates shown in Exhibit A-3 shall be adjusted annually for inflation, in line with DISTRICT ’s fiscal year (July through June), in accordance with the U.S. Bureau of Labor Statistics’ Consumer Price Index (CPI). The minimum and maximum allowable increase per year will be between zero (0%) and five percent (5%), respectively. CPI shall be defined as the index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim, CA area, not seasonally adjusted, all items index, annual average. Either CITY or DISTRICT may request an extraordinary rate adjustment if circumstances warrant, but no modification, alteration or variation of the terms and conditions of this Agreement shall be made or become valid unless the extraordinary rate adjustment is in writing and mutually agreed to by the Parties.”

3. Amendment No. 2 inadvertently replaced Exhibit “B” to the Original Agreement (“Location and Description of the Wastewater Collection System/Scope of Services for City’s Wastewater Collection System and Stormwater Sewer System”) with Exhibit B to Amendment No. 2. (“Ventura Regional Sanitation District Proposed Hourly Rates-Revised 12/09/21, July 1, 2022 Through June 30, 2023/Ventura Regional Sanitation District Equipment & Supply (Consumable) Rates-Proposed, July 1, 2022 Through June 30, 2023”). Exhibit B to the Original Agreement is hereby added back to the Original Agreement.

4. Exhibit A to this Amendment No. 3 is hereby added to the Original Agreement as Exhibit “A-3”, and incorporated by this reference. Exhibit “A-3” consists of District’s (1) FY 22/23 hourly rates and equipment & supply (consumable) rates and (2) FY 23/24 hourly rates and equipment & supply (consumable) rates.

5. Exhibit “A-2” (“Base Annual Fee”) to the Original Agreement is hereby amended in its entirety to read as follows:
475
65283.00007\41397642.2
4 “The Annual Fee in the first Contract Year, defined as April 1, 2019 to June 30, 2020, is an amount equal to and not to exceed $444,925. The Annual Fee not-to-exceed amount for each subsequent Contract Year during the Term is:

Contract Year Contract Date Amount
Contract Year 2 July 1, 2020 to June 30, 2021 $363,420
Contract Year 3 July 1, 2021 to June 30, 2022 $370,689
Contract Year 4 July 1, 2022 to June 30, 2023 $767,021
Contract Year 5 July 1, 2023 to June 30, 2024 $740,066
Contract Year 6 July 1, 2024 to June 30, 2025 $777,069
Contract Year 7 July 1, 2025 to June 30, 2026 $815,923
Contract Year 8 July 1, 2026 to June 30, 2027 $856,719
TOTAL EIGHT-YEAR EXPENSE $4,320,218
District operates as a time and materials district so the City is only billed when the Staff is onsite and working. District does not have a flat monthly fee. Should District complete a project faster than estimated, the cost will be less than the proposal. Should the project take longer to complete, District will inform the City and seek approval for the cost overrun.”

6. Unless the City Manager or City Council, as applicable, makes an exception in writing, the City’s payment obligations are contingent on future budgets. “Future budgets” shall mean budgets approved by Council following the effective date of this Amendment No. 3.

7. Integration. This Amendment No. 3 reflects the complete understanding of the Parties with respect to the subject matter hereof. To the extent this Amendment No. 3 conflicts with the Agreement (as defined in Recital D), Amendment No. 3 supersedes the Agreement. In all other respects, the Parties hereto re-affirm and ratify all other provisions of the Agreement. From and after the Effective Date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3. Attached as Exhibit B to this Amendment No. 3 is the Original Agreement (VRSD Contract No. No. 19-005), Amendment No. 1, and Amendment No. 2, incorporated herein by this reference.

8. Counterparts. This Amendment No. 3 may be executed in counterparts, each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.

9. Authority. The person or persons executing this Amendment No. 3 on behalf of the respective Parties warrant and represent that they have the authority to execute this Amendment No. 3 and the authority to bind the Parties, as applicable, to the performance of their respective obligations hereunder.
[SIGNATURES ON NEXT PAGE]
476
65283.00007\41397642.2
5 477
65283.00007\41397642.2
6 SIGNATURE PAGE
TO
AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written (“Effective Date”).

CITY OF SANTA PAULA VENTURA REGIONAL

SANITATION DISTRICT
_________________________________ ____________________________ Dan Singer, Kevin Kildee,
City Manager Chairman of the Board
ATTEST: ATTEST
_____________________________ _____________________________ Julie Latshaw, Juliet Rodriguez,
City Clerk Clerk of the Board
APPROVED AS TO FORM:
_________________________________
Monica Castillo,
Interim City Attorney
List of Exhibits:

A. VRSD Hourly Billable Rates FY 2022-2023, VRSD Equipment and Supply (Consumable) Rates FY 2022-2023, Hourly Billable Rates FY 2023-2024, and VRSD Equipment and Supply (Consumable) Rates FY 2023-2024
B. VRSD Contract No. 19-005, Amendment No. 1, and Amendment No. 2 478
65283.00007\41397642.2
7 EXHIBIT A
TO
AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
(Charges and Hourly Rates)
[Attached behind]
479
65283.00007\41397642.2
8 EXHIBIT B
TO
AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
(VRSD Contract No. 19-005, Amendments Nos. 1 & 2)
[Attached behind]
480
65283.00007\41327846.2
6 EXHIBIT A
TO
AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
(Charges and Hourly Rates)
[Attached behind]
481
Div. Pos. Title Hourly OT Hourly OT
CA 110 Human Resource Technician $58 $87 $61 $92
CA 107 Human Resource Analyst NA NA $83 $125
CA 601 Fiscal Assistant $56 $84 $59 $89
CA 605 Senior Fiscal Assistant $56 $84 $59 $89
CA 208 Executive Assistant/Clerk of the Board $74 $111 $78 $117 CA 112 Safety Officer $96 NA $101 NA
CA 607 Accountant $79 NA $83 NA
CA 608 Senior Accountant $117 NA $123 NA
CA 103 Management Analyst NA NA $83 NA
CA 111 Human Resources Manager $102 NA $107 NA
CA 502 Director of Finance $153 NA $161 NA
CA 506 Director of Operations $138 NA $145 NA
CA 501 General Manager $172 NA $181 NA

OPERATIONS
Div. Pos. Title Hourly OT Hourly OT
WWW 209 Office Assistant $128 $192 $134 $201
WWW 207 Administrative Assistant $128 $192 $134 $201
WWW 908 W/WW Worker $142 $213 $149 $224
WWW 911 Electrical/Mechanical Worker $154 $231 $162 $243 WWW 916 W/WW Operator in Training $154 $231 $162 $243
WWW 905 W/WW Treatment Operator I $154 $231 $162 $243
WWW 906 W/WW Treatment Operator II $154 $231 $162 $243
WWW 910 W/WW Treatment Operator III $154 $231 $162 $243 WWW 913 W/WW Treatment Operator IV $154 $231 $162 $243
WWW 914 W/WW Treatment Operator V $154 $231 $162 $243
WWW 450 Environmental Resource Analyst $191 $287 $201 $302 WWW 901 Instrumentation Technician $164 $246 $172 $258
WWW 915 Electrical & Instrumentation Control Supervisor $164 NA $172 NA WWW 720 W/WW Operations Supervisor $161 NA $169 NA
WWW 723 W/WW Operations Superintendent $161 NA $169 NA
SW 820 Solid Waste Equipment Operator $154 $231 $162 $243 SW 314 Engineering Technician $164 $246 $172 $258
SW 320 Engineer $161 NA $169 NA
SW 315 Senior Engineer $161 NA $169 NA
SW 319 Senior Engineering Technician $164 $246 $172 $258 • EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINIMUM). • OBSERVED VRSD HOLIDAYS WILL BE CHARGED AT DOUBLE TIME (3 HOUR MINIMUM). • OVERHEAD RATES APPLIED, AS FOLLOWS: All other services 15%

VENTURA REGIONAL SANITATION DISTRICT

PROPOSED HOURLY RATES
JULY 1, 2023 THROUGH JUNE 30, 2024
FY 2023 FY 2024

CENTRAL ADMINISTRATION
482
EQUIPMENT Mile Use Hour Day Week Month
Air Compressor $162
Airless Sprayer Epic 660E $57
Bulldog Nozzle $41
Chlorine Residuals, Field Tests $6
Coatings & Linings - Hand Tools $32
Coatings & Linings - Power Tools
(includes Hand Tools rate) $81
Compressor, Air $162
Computer, Laptop $81
Concrete Mixer $81
Confined Space Tripod/Harness System w/air blower $81
Debris Catcher $41
Digital Manometer $2
Epoxy Injection Machine $503
Fleet Vehicle Use (mileage) $1.63
Fuel Filtering System $89
Gas Analyzer (GEM) $370
Gas Scope (meter) $32
Generator - 2kw $41
Generator - 5kw $41
Generator - 70kw $162
Grunfos Control Box $24
Hand Tools $16
Laptop computer $81
Laser Alignment Equipment $122
Lateral Camera (use = each lateral) $162
Load Bank $73
Line Locator (Detector) $41
Manhole Rehab Equipment per vertical foot $105.40/vft
Metal Detector (Locator) $41
Meter - Electrical Conductivity $8
Meter - QED Flow Cell Meter $32
Mule (ATV) $454
Oil System $65
Peristolic Pump $32
pH, Field Tests $8
Polymixer $211
Portable Hydrorodder $608
Portable Welder $32
Pressure Washer $8 $65
Pressure Washer - High Pressure/Hot Water $89

VENTURA REGIONAL SANITATION DISTRICT

EQUIPMENT & SUPPLY (CONSUMABLE) RATES
JULY 1, 2023 THROUGH JUNE 30, 2024
CHARGE
483
EQUIPMENT Mile Use Hour Day Week Month
Pulse Air System $89
Pump - 3" Pump $65
Pump - 4" Godwin $162 $908 $3,650
Pump - 4" Trailer-Mounted Pump $97 $545 $2,190
Pump - Dewatering Pump (Potable) $81 $243 $649
Pump - Diaphragm Pump $162 $908 $3,650
Pump - King Pump $162 $908 $3,650
Pump - Trash Pump, 6" $162 $908 $3,650
Pumper Trailer $81
Push Camera $122
Root Saw or Chain Scraper $41
Sampler - Automatic (ISCO) $49
Sandblaster $73
Spec. Small Tools & Equip
(includes Gas Tech, Fluke meter, etc) $48-$211
Sprayer, Airless and Manhole $162
Sprayer, Extreme Airless $406
Test Bench, Water (Ford) $406
Traffic Control Items (cones/signs) $49
Vactor with Chase Truck (for traffic control) * $122 $937 Vactor without Chase Truck * $101 $892
Vacuum Truck * $511
Vehicle - MULE (all terrain vehicle) $454
Vehicle - Standby Truck w/crane, pump, & tank $41
Vehicle or Forklift $41
Video Inspection Vehicle (TV Van) * $511
Water line depth sounder $3
Water Trailer (250 Tank) $97
Well Control Box (pump controller-QED) $16
* Hourly/Daily rate does not include fuel surcharge.

SUPPLY (CONSUMABLE) Mile Use Hour Day Week Month
Bailers & Disposable supplies (filters) $24
Consumables $5
Float Switch $86
Float Weight $16
CHARGE
FY2025 Equipment Rates: shall be set by adjusting the prior year's equipment rates for inflation in accordance with the U.S. Bureau of Labor Statistic's Consumer Price Index (CPI), for a maximum allowable increase of 5%. CPI shall be defined as the index for All Urban Consumers for Los AngelesLong Beach-Anaheim, CA area, not seasonally adjusted, all items index, annual average.

VENTURA REGIONAL SANITATION DISTRICT
EQUIPMENT & SUPPLY (CONSUMABLE) RATES (continued)
JULY 1, 2023 THROUGH JUNE 30, 2024
CHARGE
484
485
486
487
65283.00007\41327846.2
7 EXHIBIT B
TO
AMENDMENT NO. 3 TO VRSD CONTRACT NO. 19-005

WASTEWATER COLLECTION SYSTEM AND STORMWATER SEWER SYSTEM

MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA PAULA

AND VENTURA REGIONAL SANITATION DISTRICT
(VRSD Contract No. 19-005, Amendments Nos. 1 & 2)
[Attached behind]
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529

EXHIBIT A
Amendment No. 2 to VRSD Contract No. 21-004
530
65283.00007\41397641.2
1 AMENDMENT NO. 2 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
This AMENDMENT NO. 2 (“AMENDMENT NO. 2”) to that certain AGREEMENT FOR

WASTEWATER FACILITY OPERATION, MANAGEMENT & MAINTENANCE BETWEEN CITY OF SANTA PAULA AND VENTURA REGIONAL SANITATION DISTRICT, dated April 15, 2021 (“ORIGINAL AGREEMENT”), is made and entered into this ____ day of June 2023, by and between the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code Section 4700 et. seq., (“VRSD”) and the CITY OF SANTA PAULA, a California general law city and municipal corporation (“CITY”) (each a “Party”; and together, the “Parties”.

RECITALS
A. On April 15, 2021, VRSD and CITY entered into the ORIGINAL AGREEMENT (VRSD Contract No. 21-004), wherein DISTRICT agreed to manage, operate, and maintain the CITY’s Water Recycling Facility (“WRF”), a Publicly-Owned Treatment Works (“POTW”), located at 920 Corporation Street, Santa Paula, CA which discharges tertiary-treated wastewater to groundwater through three percolation bonds adjacent to the WRF.

B. On May 18, 2022, VRSD AND CITY entered into AMENDMENT NO. 1 to the ORIGINAL AGREEMENT. AMENDMENT NO. 1 extended the end date of the ORIGINAL AGREEMENT to June 30, 2026, increased the contract amount for FY 2022-2023 to $1,171,920, specified in greater detail the costs of services and equipment (including the addition of an exhibit with DISTRICT hourly rates), added an automatic annual Consumer Price Index (CPI) adjustment in line with the Fiscal Year not to exceed five percent (5%), required rebates to customers under certain conditions, and revised the grounds and conditions for termination.

C. As used hereafter, the term “AGREEMENT” shall mean the ORIGINAL AGREEMENT, as amended by AMENDMENT NO. 1.

D. CITY and VRSD have determined that it is necessary to amend the AGREEMENT to help VRSD to continue offering cost-effective, essential, public services to public agency wastewater clients, including CITY.

E. DISTRICT and CITY now desire to enter into this AMENDMENT NO. 2 to extend the Term to June 30, 2027, increase VRSD compensation for Fiscal Years 2022-2023 and 2023-2024, update VRSD rates, and add to the list of Services. 531
65283.00007\41397641.2
2 F. Unless otherwise specifically defined herein, all capitalized terms will have the same meaning ascribed in the ORIGINAL AGREEMENT.

NOW, THEREFORE, based upon valuable consideration below and the Recitals above, it is mutually agreed by and between the Parties, in accordance with Article 9 of the Agreement,, that the Agreement will be amended as follows:

AMENDMENT TERMS AND CONDITIONS

1. Sections 4.1 and 5.1 of the Agreement and the List of Exhibits are hereby amended in their entirety to read as follows:
“4.1 Effective Date & Term. This Agreement shall commence on April 16, 2021, and shall expire on June 30, 2027. Parties may extend the agreement for another year or years by mutual agreement of the Parties or terminated as hereinafter provided.” “5.1 Operational Costs. CITY shall pay to VRSD the entire cost to VRSD of performing the Services which shall be $1,256,217 for FY 2022-2023 and $1,381,699 for FY 2023- 2024. CITY shall be billed only for costs incurred. CITY shall not be billed for costs exceeding total written authorization and VRSD shall not be obligated to perform work in excess of written authorization from CITY. For this Agreement, the entire cost to CITY shall include:
a. For personnel services for FY 2023-2024, the VRSD billing rate associated with the classification of each individual performing services, as shown in Exhibit “F” Hourly Rates, attached and incorporated herein by reference. The Hourly Rates will automatically be adjusted in accordance with Section 5.2.f each year, thereafter. b. For purchase of supplies, equipment, and services, the actual cost plus a fifteen percent (15%) markup.
c. For provision of equipment and machinery for FY 2022-2023, the actual and complete cost of owning, operating and replacement of said equipment, including but not limited to, depreciation; consumable supplies such as gasoline, electricity, or paper; maintenance; and insurance costs, as shown in Exhibit “F” Equipment & Supply (Consumable) Rates, attached and incorporated herein by reference. The Equipment & Supply (Consumable) Rates shall automatically be adjusted in accordance with Section 5.2.f each year, thereafter.”
“List of Exhibits:

A. WDR/CDO
B. Scope of Services
C. WRF Design Parameters
532
65283.00007\41397641.2
3 D. VRSD Hourly Billable Rates FY 2021 and FY 2022
E. VRSD Water & Wastewater ISF Equipment and Charges FY 2021 F. VRSD FY 2022/2023 Hourly Billable Rates and Equipment & Supply (consumable) Rates; FY 2023/2024 Hourly Billable Rates and Equipment & Supply (consumable) Rates”

2. The term “Exhibit B” in Sections 5.2.f, which applies an annual CPI adjustment between zero (0%) and five percent (5%), and 5.2.g relating to customer rebates, is hereby replaced with the term “Exhibit F”.

3. Exhibit A to this Amendment No. 2 is hereby added to the Original Agreement as Exhibit “F”, and incorporated by this reference. Exhibit “F” consists of VRSD’s (1) FY 22/23 hourly rates and equipment & supply (consumable) rates and (2) FY 23/24 hourly rates and equipment & supply (consumable) rates.

4. Amendment No. 1 inadvertently replaced Exhibit “B” to the Original Agreement (“Scope of Services”) with Exhibit B to Amendment No. 1. (“Ventura Regional Sanitation District Proposed Hourly Rates-Revised 12/09/21, July 1, 2022 Through June 30, 2023/Ventura Regional Sanitation District Equipment & Supply (Consumable) Rates-Proposed, July 1, 2022 Through June 30, 2023”). Exhibit B (“Scope of Services”) to the Original Agreement is hereby added back to the Original Agreement.

5. The following paragraphs p. and q. are hereby added to Section 3.1:
“p. Management analyst services in order to maintain and update the MainStar work order system for the Water Recycling Facility.
q. Purchase of equipment, materials, supplies, and outside services as needed for emergency work when authorized by the City.”

6. Unless the City Manager or City Council, as applicable, makes an exception in writing, the City’s payment obligations are contingent on future budgets. “Future budgets” shall mean budgets approved by Council following the effective date of this Amendment No. 2.

7. Integrated Contract. This Amendment No. 2 reflects the complete understanding of the Parties with respect to the subject matter hereof. To the extent this Amendment No. 2 conflicts with the Agreement (as defined in Recital C), Amendment No. 2 supersedes the Agreement. In all other respects, the Parties hereto re-affirm and ratify all other provisions of the Agreement. From and after the Effective Date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement as amended by Amendment No. 1 and this Amendment No. 2. Attached as Exhibit B to this Amendment No. 2 is the Original Agreement (VRSD Contract No. 21-004) and Amendment No. 1, incorporated herein by this reference.

8. Counterparts. This Amendment No. 2 may be executed in counterparts, each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute 533
65283.00007\41397641.2
4 one agreement.

9. Authority. The person or persons executing this Amendment No. 2 on behalf of the respective Parties warrant and represent that they have the authority to execute this Amendment No. 2 and the authority to bind the Parties, as applicable, to the performance of their respective obligations hereunder.
[Signatures on Next Page]
534
65283.00007\41397641.2
5 SIGNATURE PAGE
TO
AMENDMENT NO. 2 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
IN WITNESS WHEREOF the Parties have executed this Amendment No. 2 as of the day and year first hereinabove written (“Effective Date”).

CITY OF SANTA PAULA VENTURA REGIONAL

SANITATION DISTRICT
_________________________________ ____________________________ Dan Singer, Kevin Kildee,
City Manager Chairman of the Board
ATTEST: ATTEST
_____________________________ _____________________________ Julie Latshaw, Juliet Rodriguez,
City Clerk Clerk of the Board
APPROVED AS TO FORM:
_________________________________
Monica Castillo,
Interim City Attorney
List of Exhibits:

A. VRSD Hourly Billable Rates FY 2022-2023, VRSD Equipment and Supply (Consumable) Rates FY 2022-2023, Hourly Billable Rates FY 2023-2024, and VRSD Equipment and Supply (Consumable) Rates FY 2023-2024
B. VRSD Contract No. 21-004 and Amendment No. 1
535
65283.00007\41397641.2
6 EXHIBIT A
TO
AMENDMENT NO. 2 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
(Charges and Hourly Rates)
[Attached behind]
536
65283.00007\41397641.2
7 EXHIBIT B
TO
AMENDMENT NO. 2 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
(VRSD Contract No. 21-004 and Amendment No 1)
[Attached behind]
537
EQUIPMENT Mile Use Hour Day Week Month
Air Compressor $162
Airless Sprayer Epic 660E $57
Bulldog Nozzle $41
Chlorine Residuals, Field Tests $6
Coatings & Linings - Hand Tools $32
Coatings & Linings - Power Tools
(includes Hand Tools rate) $81
Compressor, Air $162
Computer, Laptop $81
Concrete Mixer $81
Confined Space Tripod/Harness System w/air blower $81
Debris Catcher $41
Digital Manometer $2
Epoxy Injection Machine $503
Fleet Vehicle Use (mileage) $1.63
Fuel Filtering System $89
Gas Analyzer (GEM) $370
Gas Scope (meter) $32
Generator - 2kw $41
Generator - 5kw $41
Generator - 70kw $162
Grunfos Control Box $24
Hand Tools $16
Laptop computer $81
Laser Alignment Equipment $122
Lateral Camera (use = each lateral) $162
Load Bank $73
Line Locator (Detector) $41
Manhole Rehab Equipment per vertical foot $105.40/vft
Metal Detector (Locator) $41
Meter - Electrical Conductivity $8
Meter - QED Flow Cell Meter $32
Mule (ATV) $454
Oil System $65
Peristolic Pump $32
pH, Field Tests $8
Polymixer $211
Portable Hydrorodder $608
Portable Welder $32
Pressure Washer $8 $65
Pressure Washer - High Pressure/Hot Water $89

VENTURA REGIONAL SANITATION DISTRICT

EQUIPMENT & SUPPLY (CONSUMABLE) RATES
JULY 1, 2023 THROUGH JUNE 30, 2024
CHARGE
538
EQUIPMENT Mile Use Hour Day Week Month
Pulse Air System $89
Pump - 3" Pump $65
Pump - 4" Godwin $162 $908 $3,650
Pump - 4" Trailer-Mounted Pump $97 $545 $2,190
Pump - Dewatering Pump (Potable) $81 $243 $649
Pump - Diaphragm Pump $162 $908 $3,650
Pump - King Pump $162 $908 $3,650
Pump - Trash Pump, 6" $162 $908 $3,650
Pumper Trailer $81
Push Camera $122
Root Saw or Chain Scraper $41
Sampler - Automatic (ISCO) $49
Sandblaster $73
Spec. Small Tools & Equip
(includes Gas Tech, Fluke meter, etc) $48-$211
Sprayer, Airless and Manhole $162
Sprayer, Extreme Airless $406
Test Bench, Water (Ford) $406
Traffic Control Items (cones/signs) $49
Vactor with Chase Truck (for traffic control) * $122 $937 Vactor without Chase Truck * $101 $892
Vacuum Truck * $511
Vehicle - MULE (all terrain vehicle) $454
Vehicle - Standby Truck w/crane, pump, & tank $41
Vehicle or Forklift $41
Video Inspection Vehicle (TV Van) * $511
Water line depth sounder $3
Water Trailer (250 Tank) $97
Well Control Box (pump controller-QED) $16
* Hourly/Daily rate does not include fuel surcharge.

SUPPLY (CONSUMABLE) Mile Use Hour Day Week Month
Bailers & Disposable supplies (filters) $24
Consumables $5
Float Switch $86
Float Weight $16
CHARGE
FY2025 Equipment Rates: shall be set by adjusting the prior year's equipment rates for inflation in accordance with the U.S. Bureau of Labor Statistic's Consumer Price Index (CPI), for a maximum allowable increase of 5%. CPI shall be defined as the index for All Urban Consumers for Los AngelesLong Beach-Anaheim, CA area, not seasonally adjusted, all items index, annual average.

VENTURA REGIONAL SANITATION DISTRICT
EQUIPMENT & SUPPLY (CONSUMABLE) RATES (continued)
JULY 1, 2023 THROUGH JUNE 30, 2024
CHARGE
539
540
541
542
65283.00007\41327845.2
7 EXHIBIT B
TO
AMENDMENT NO. 2 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
(VRSD Contract No. 21-004 and Amendment No 1)
[Attached behind]
543
VRSD CONTRACT NO. 21- 004

AGREEMENT FOR WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE

BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
l/ -1s iXJd-1
THIS AGREEMENT is made and entered into this 15th day of April 2021, by and between the City of Santa Paula ("City"), and the VENTURA REGIONAL SANITATION DISTRICT, a county regional sanitation district formed pursuant to California Health & Safety Code Section 4700 et. seq., ("VRSD"). Together, City and VRSD shall be referred to herein as "Parties."

RECITALS
A. City is the owner of the Santa Paula Water Recycling Facility ("WRF"), a Publicly-Owned Treatment Works ("POTW"), located at 920 Corporation Street, Santa Paula, CA, which discharges tertiary-treated wastewater to groundwater through three percolation ponds adjacent to the WRF. The WRF is more fully described in the California Regional Water Quality Control Board, Los Angeles Region, Waste Discharge Requirements for the City WRF, Order No. R4-2018-0022, File No. 06-189, CJ No. 9259 dated February 8, 2018 ("WDR" ) and Cease and Desist Order No. R4-201 8-0023 ("CDO"), which is attached as Exhibit A and incorporated herein by reference; and B. City WRF is subject to all the terms and conditions of the WDR and CDO and VRSD acknowledges the WDR and CDO and is aware of the WDR and CDO's findings, contents, requirements, prohibitions, and limitations on the WRF; and C. City desires to enter into an agreement with VRSD for the staffing, operation and maintenance of the WRF, as well as other closely related services, hereinafter collectively referred to as "Services"; and
D. City believes it is m its best long-term interest to transition the WRF operations from a private contractor operation to operation by a public agency.

E. ,VRSD has the authority, pursuant to Health & Safety Code Section 4700 et seq. and Public Contract Code §20782, and capability to provide the requested Services relative to City WRF and is willing to perfonn such services for the City; and F. VRSD has represented that they have the requisite knowledge and experience in operation and servicing the City's WRF so that they can provide essential public services to City's customers and rate payers in compliance with applicable federal, state and local laws, regulations and permits.
544
G. City, based upon the VRSD's representations, experience and qualifications, selected the VRSD to operate and maintain the WRF on the terms set forth herein.

H . At its regular City Council meeting on December 16, 2020, the City Council authorized City staff to seek an agreement with the VRSD to operate and maintain the WRF.

I. It is the mutual desire of the Parties to set fo1ih in this Agreement the terms and conditions under which VRSD will operate and maintain the City WRF.

NOW, THEREFORE, in consideration of these Recitals and the mutual covenants, terms, conditions, and covenants set forth below, the Parties agree as follows:

AGREEMENT
ARTICLE 1: DEFINITIONS
a. "Acceptable Influent" means domestic, commercial, institutional, industrial and other wastewater generated within the jurisdiction of the City and received in the WRF, excluding any substances or contaminants that violate Applicable Laws, Plans, Policies, and Regulations. Influent that exceeds the WRF's Design Parameters is not an Acceptable Influent.
b. [intentionally left blank]
c. "Agreement" means this "Agreement for Water & Wastewater Facility Operation and Management & Maintenance" and all Exhibits attached hereto and made a part hereof, executed by and between City and VRSD, as the same may be amended from time to time. d. "Applicable Laws, Plans, Policies, and Regulations" means any federal, State or local statute, regulation, ordinance, mle, mandate, order, decree, permit, code, plan, policy or license requirement or other governmental requirement or restriction, or any interpretation or administration of any of the foregoing by any responsible governmental authority, which applies to the Services or obligations of either Party under this Agreement. e. "Capital Improvement" means, as it relates to the WRF, adding new equipment (accessory, appurtenances, or components thereof), or new structures (as opposed to Routine replacement, maintenance, repair or rebuilding the existing structures) that either: (i) increases its efficiency and capacity for which it was designed and constructed; or (ii) has a service life of at least five (5) years.
f. "Chief Plant Operator" means a VRSD employee with the requisite state licenses and level 2 545
of experience to be the primary operations person to run the WRF and to manage all other staff persons, consultants, vendors, subcontractors, third-party personnel or contractors assigned or hired by the City or VRSD to assist in the operation or maintenance of the WRF. g. "City's Responsibilities" means all responsibilities and obligations of the City related to the subject matter of this Agreement and as fully set forth below. h. "Commencement Date" means the date that VRSD shall begin to provide Services for the City WRF as set forth in Article 2 of this Agreement.
i. "Damage" means any and all threatened or actual costs, claims, suits, demands, causes of action, judgments, settlements, liabilities, penalties, fines, taxes, interest, citations, forfeitures, liens, environmental contamination, personal injury (including sickness, disease or death), property damage (including loss of use and other economic loss), intellectual property infringement (including settlements, defense costs, judgments, court costs, expert(s) fees, and reasonable attorneys' fees), governmental action (including fines, penalties, and levies) and executions and garnishments and all other expenses (including reasonable attorneys' fees, experts', investigation, and other related fees and costs, including without limitation litigation expenses) and losses. For purposes of this Agreement, damages shall not include any consequential, special or punitive damages of any kind, except to the extent resulting from the gross negligence or willful misconduct of VRSD or the City, as may be the case. j. "Effective Date" means the date first written above. k. "Emergency" shall mean an unplanned and unanticipated event which disables all or a part of the WRF, threatens the continued functioning of the WRF, or threatens a violation of any Contract Standard in the Agreement or Applicable Law, Plans, Policies or Regulations.

I. "Facilities" means all of the individual components and elements which comprise the City's WRF as set forth in Exhibit A.
m. "Fiscal Year" means the 12 consecutive month period starting on July 1 and ending on June 30.
n. "Good Industry Practices" means the exercise of the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, licensed, and experienced contractor engaged in activities of a similar scope and complexity to those that are the subject of this Agreement and under the same or similar circumstances, where such contractor is seeking to comply with its contractual obligations and all Applicable Laws, Plans, Policies, and Regulations.
o. "Hazardous Materials" means any petroleum product, oil, hazardous substance, hazardous waste, pollutant and any other material regulated and governed by CERCLA 42 U.S.C.

Section 9601, RCRA 42 U.S.C. 6901, the Federal Clean Water Act, Clean Air Act, or any other Law protective of public health, safety, welfare, air, surface water, ground water, soil or the environment (but specifically excluding any laws dealing with the means, methods, 3 546
techniques, sequences, procedures of constrnction and safety of VRSD's workers for which VRSD is responsible), including, without limitation, polychlorinated biphenyls (PCBs) and asbestos.
p. "Maintenance & Repair Items" means all scheduled and unscheduled maintenance, repair and replacement activities required to ensure the efficient and effective operation of the WRF, including, but not limited to, all normal, maintenance of the grounds of the WRF, routine or repetitive activities required to sustain the nonnal service life of the WRF and the components thereof, non-routine or unscheduled preventative or corrective maintenance, repair, or replacement activities required for the operational continuity, safety and performance of the WRF, and the replacement of all components of the WRF at the end of their planned or actual useful life or as necessary to comply with the obligations of this Agreement. q. "Permits" means any required governmental licenses, permits and authorizations required to perform the Services and operate the WRF pursuant to this Agreement. r. " Services" means all of the duties, obligations, and services as defined herein to be provided by VRSD for the WRF, including operational, management, monitoring, reporting, and maintenance, repair and replacement services, which are all further defined and specified in in Exhibit B attached hereto. Notwithstanding Article 5 below, VRSD shall obtain and maintain at all times during the Tenn and any subsequent extensions thereof, at its sole cost and expense, any and all necessary pennits, licenses and certifications VRSD requires in order to perfonn the Services.
s. "State" means the State of California.
t. "Term" means the period of time in which this Agreement is in full force and effect as set forth in Article 4 of this Agreement.
u. "Uncontrollable Circumstances" means any act, event or condition that is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement, and that materially interferes with or materially increases the cost of performing its obligations hereunder, or expands the scope of the Party's obligations under this Agreement, to the extent such act, event or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement on the part of such Party, including, without limitation the following:
(i) Force Majeure events that are outside the reasonable control of the Party relying thereon, such as acts of God, acts of terrorism, insurrections, riots, epidemics, pandemics, landslides, lightning, earthquakes, fires, floods that constitute a 100-year flood, explosions, civil disturbances, acts of the public enemy and war;
(ii) Change in Law, defined as the enactment, adoption, amendment, promulgation, issuance, modification, repeal, or change of any Applicable Laws, Plans, Policies, and Regulations that (excluding laws adopted at the time of execution of this Agreement but which 4 547
have provisions that take effect after the Commencement Date) establishes requirements affecting the financing or operation or capital costs of the WRF that are materially more burdensome than the most stringent requirements in effect as of the Effective Date; (iii) Judicial/ Administrative Detenninations, defined as the final order, judgment, action or detennination of any Federal, State or local court or tribunal of competent jurisdiction, administrative agency or governmental body (other than City if issued pursuant to the provisions of this Agreement expressly authorizing same); (iv) Pennit Terminations, defined as the suspension, termination, interruption, denial or failure of renewal or issuance of any Permit (to the extent not caused by the willful or negligent act, e1Tor or omission, failure to exercise reasonable diligence, or breach of this Agreement by VRSD) that is necessary to operate the WRF; (v) Failure of Essential Services, defined as the failure of any appropriate Federal, State, Municipal, County or other public agency or private utility having operating jurisdiction in the area in which the WRF is located, to provide and maintain utilities, services, communications, water and sewer lines and power transmission lines to the Facilities, except if such failure is caused by the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement by VRSD; (vi) Condemnation, defined as the condemnation, eminent domain, taking, seizure, involuntary conversion or requisition of title to or use of the WRF, or any material portion or part thereof by the action of any federal, State or local government or governmental agency; (vii) Labor Strikes directed at VRSD or other related entities or any subcontractor(s) or supplier(s);
(viii) Miscellaneous Other Uncontrollable Circumstances, as set forth below:

1. any material change that takes place between the Effective Date and the Commencement Date that materially impacts VRSD's performance of the Services;

2. delays or denials of any licenses and approvals that are required to be maintained by VRSD in order to perform the Services;

3. the existence of a concealed or latent environmental condition at the WRF or adjoining sites;

4. contamination of the WRF from Hazardous Substances contained in groundwater, soil or air migrating from sources outside of the WRF;

5. the result of any act, error or omission of any other consultant or contractor engaged by City or its affiliates to perform services at or for the WRF during the Term;
5 548

6. the failure of any governmental body or private utility having operational jurisdiction in the area in which the WRF is located to provide and maintain utilities, telephone, internet or telecommunication services;

7. any change in title or placement of any encumbrance on the WRF;

8. the receipt of influent in the WRF other than Acceptable Influent;

9. the failure of City to proceed with and complete a Capital Improvement that VRSD determines is necessary to provide the Services, and which is verified by an independent third party approved by the City and VRSD, in this Agreement;

10. any Capital Improvement that interferes with VRSD's obligations and responsibilities under this Agreement to provide Service to City's WRF· ,
11 . the action or inaction of any third party; and

12. without prejudice to the generality hereof, any other circumstance, cause or occurrence of any kind whatsoever beyond the reasonable control of a Party.
v. "Waste Discharge Requirements" means the WRF's effluent discharge requirements, limits and/or and parameters as set forth in the Order No. R4-20 18-0022 and Cease and Desist Order No. R4-2018-0023 issued by the State of California, California Regional Water Quality Control Board, Los Angeles Region, as amended, attached hereto as Exhibit A. w. "WRF Design Parameters" means those parameters or operational boundaries within which the Facilities were designed to treat influent of no greater characteristics set forth in Exhibit D.
x. "WRF Equipment" means all machinery, components, process-related equipment, property or assets (including pumps, screens, grit handling equipment, sludge handling equipment, chemical feed storage equipment and tank covers), parts and materials contained within the WRF which are owned or leased by City and in use at the WRF as of the Commencement Date by VRSD or City pursuant to this Agreement, all as set forth in Exhibit C. y. "WRF Safety Defects" means conditions of the WRF that VRSD identifies to City as conditions that are required to be remedied in order for VRSD to perform the Services in compliance with the requirements of the Occupational Health and Safety and Health Act of 1970, 29 U.S.C. 15, and the corresponding federal regulations thereto. 6 549
z. [intentionally left blank]
ARTICLE 2; RETENTION OF VRSD
a. VRSD shall provide Services to City on the conditions hereinafter set forth. City's Public Works Director shall administer this Agreement for City. It is expressly understood that the relationship between City and VRSD is that of an independent contractor and VRSD is not, and shall not be deemed, an employee of City.
b. VRSD shall assign a Chief Plant Operator who shall be the primary liaison to City to work directly with City's Public Works Director in cormection with Services to be performed under this Agreement. Such assignment shall be made by written notice to City. c. VRSD accepts the relationship of trust and confidence established between VRSD and City by this Agreement. VRSD agrees to furnish efficient business administration, personnel services, and superintendence and to use its best efforts to perform the Services in the most expeditious and economical maimer consistent with the public interest and in full compliance with Applicable Laws, Plans, Policies, and Regulations and Good Industry Practices. VRSD shall provide the Services described in Article 3 and this Agreement within the limitations of an annual budget total approved by both Parties, unless amended by mutual consent of the Parties. d. By executing this Agreement for interim WRF staffing, operation and maintenance, VRSD represents that VRSD has:
(i) Generally investigated and considered the scope of Services to be perfonned at the WRF.
(ii) Generally considered how the Services should be perfonned. (iii) Generally understands the Facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
e. For work in Exhibit B Scope of Services, VRSD warrants that VRSD has or will investigate the entire WRF and is or will be fully acquainted with the conditions there existing, before commencing the Services hereunder. Should VRSD discover any latent or unknown conditions that may materially affect the perfonnance of the Services, VRSD will immediately infonn City of such fact and will not proceed except at VRSD' sown risk until written instructions are received from City. In cases that may involve latent or unknown conditions and where VRSD informs the City of such conditions and is waiting for written instructions from the City on how, if at all, to proceed, VRSD shall not be liable for any damages, harm to the City's WRF that are caused by such latent or unknown conditions or caused by any delay in receiving the City's instructions to proceed, if at all, unless caused by VRSD.
f. The Parties acknowledge that City retains exclusive authority and budgetary discretion 7 550
relating to the funding of City WRF operation, including provision for acquiring, repairing, maintaining and replacing City's existing WRF Equipment, structures and Facilities and installation of new equipment, structures and facilities or Capital Improvements.

ARTICLE 3; SCOPE OF SERVICES

3.1 VRSD agrees to provide the Services necessary for the management, operation, and maintenance of the following WRF Facilities or components, which shall include the following:
a. Influent lift station.
b. Primary screening.
c. Grit removal.
d. Influent equalization basins.
e. Fine screening.
f. Secondary biological nutrient removal (BNR) process. g. Membrane separation process.
h. Ultraviolet disinfection process.
i. Aerobic sludge digestion.

J. Screw-type solids dewatering facilities.
k. Backup generator.

1. 14.2 acres of percolation basins for effluent disposal. m. Operations building with laboratory, restroom, workshop, break room, and administrative offices located over the treatment basins. n. Odor control.
o. Associated mechanical piping and appurtenances, electrical systems, instrumentation, and controls systems.

3.2 Services under this Agreement are further particularized and set forth in attached Exhibit B.

3.3 Performance Standards
a. Operations Standards. VRSD shall apply Good Industry Practices to operate the WRF within the following parameters as long as influent is deemed to be Acceptable Influent:
(i) Energy usage equal to or less than 5.650 kWh per million gallons of treated effluent
between the hours of 6:00 PM and 6:00AM and 5.750 kWh per million gallons of treated effluent between the hours of 6:00 AM and 6:00 PM; (ii) Treated effluent to meet all requirements from WDR and CDO (Exhibit A), except for chlorides (as detailed in Exhibit A at sections 17-25 on pgs. 7-12) or other parameters outside the control of VRSD;
8 551
(iii) No odors outside of the fence line of the facility, in addition to air quality requirements from the Ventura County Air Pollution Control District; and (iv) No visible trash or debris on the WRF site within the fence line. b. Design and Construction Standards. VRSD represents and warrants that all repair, and rehabilitation activities will conform to Good Industry Practices. c. Vendor Warranties. VRSD shall obtain warranties from all vendors and contractors providing services, materials and/or equipment under terms and conditions no less than the standards in the applicable industry and shall provide copies thereof to the City. All such warranties held by VRSD shall be automatically, and without further action by the patties, deemed transferred to the City upon completion of the work and acceptance by the City. VRSD shall use commercially reasonable effo1ts to assist the City in satisfying all requirements, including but not limited to maintenance obligations, of said warranties so that they remain in full force and effect for the maximum duration of the warranty and are able to be transferred to the City. d. Material Warranties. VRSD represents and warrants to the City that materials and equipment furnished for the Facility shall be of new and good quality, that the workmanship shall be free from defects and conform to Good Industry Practices, and that the Services shall conform to the requirements of this Agreement. That portion of the Work not confonning to these requirements, including substitutions not properly approved and authorized, may be considered defective by the City and shall promptly be repaired by VRSD on demand from the City. VRSD's warranty shall exclude normal wear and tear under normal usage. If required by the City, VRSD shall furnish satisfactory evidence as to the kind and quality of materials and equipment used or installed. Such express warranty shall continue in effect until one (1) year after completion and acceptance by the City provided that the foregoing shall not limit VRSD's obligations pursuant to this Agreement and at law. Notwithstanding the foregoing, and such warranty granted herein shall be void to the extent any defect or deficiency that results or is caused by, directly or indirectly, the delivery to the Facility of Influent that is not Acceptable Influent as defined herein. e. Defects. VRSD shall make any and all repairs or replacements resulting from defects in materials or workmanship (other than any such defects that are the result of or are caused by, directly or indirectly, the delivery to the Facility of influent that is not Acceptable Influent). VRSD shall indemnify, defend and hold the City and the City's employees and agents harmless from all claims, liabilities, losses, costs, expenses and damages arising from any such defects during such periods. VRSD shall make the repairs and replacements required of VRSD promptly upon receipt of written notification from the City. If VRSD fails to make such repairs and replacements promptly or in the case of an emergency where VRSD is not able to immediately make such repairs or replacement, the City may repair or replace the defective element of the Facility and VRSD shall reimburse the City for the cost thereof (together with an adminish·ative fee of ten percent (10%) of the cost of the repairs or replacement work) within ten (10) days after written demand.

ARTICLE 4; AGREEMENT EFFECTIVE DATE AND TERMINATION

4.1 Effective Date & Tenn. This Agreement shall commence on Apri 1 16, 202 1, and shall expire on June 30, 2022. The Agreement may be extended on a month-to-month basis upon 9 552
mutual consent of Parties. Parties may extend the Agreement for another year or years by mutual agreement of the Parties or tenninated as hereinafter provided.

4.2 Tennination by City. City may terminate this Agreement in the event of a material default by VRSD in any of VRSD's obligations hereunder. For purposes of this Agreement, a material default shall be defined as VRSD's failure to perform any of the obligations contained in Article 3 or 7 herein or this Agreement. Such termination by City shall be effective only if the default remains uncured upon the expiration of sixty (60) days after VRSD's receipt of written notice from City specifying the default. Termination of this Agreement because of a material default of VRSD shall not relieve VRSD from liability for such default. In case of termination of this Agreement by City for material default of VRSD, VRSD shall be entitled to amounts actually earned as of the date of the default minus costs incurred by the City resulting from the material default. City may terminate this Agreement if City and VRSD cannot agree on an annual budget for any Fiscal Year during the term of this Agreement.

4.3 Tennination By VRSD. VRSD may terminate this Agreement in the event of a material default by City in any of City's Responsibilities hereunder or if cannot fulfill the terms and conditions of Section 7.2.a. For purposes of this Agreement, a material default shall be defined as City's failure to perform any of the obligations contained in Article 6 or this Agreement.

Such termination by VRSD shall be effective only if the default remains uncured upon the expiration of sixty (60) days after City's receipt of written notice from VRSD specifying the default. Termination of this Agreement because of a material default of City shall not relieve City from liability for such default.

ARTICLE 5: OPERATIONAL COSTS AND COMPENSATION FOR SERVICES

5.1 Operational Costs. City shall pay to VRSD the entire cost of performing the Services within the Base Monthly Fee which shall not exceed $240,000 a quarter (i.e., 13 weeks), unless amended and agreed to by the City. VRSD's rate schedules are attached as Exhibits D and E, and subject to adjustment annually. City shall be billed only for costs incurred, which may include, from time to time, the mutually agreeable cost of subcontractors needed for the operation and maintenance of the WRF. City shall not be billed for costs exceeding the total budgeted amount, except for the subcontractor situation noted above, and VRSD shall not be obligated to perform work that would exceed the total budgeted amount without amendment of the jointly adopted budget specified in City's approved budget. A budget shall be adopted by both Parties following annual review and consultation and each succeeding budget total shall become a part of this Agreement. For the purpose of this Agreement, the entire cost to City for VRSD Services shall include:
a. For personnel services, the VRSD billing rate associated with the classification of each individual performing a Service or Services, as shown in the jointly adopted budget and associated billing rate schedule for each effected fiscal year.
10 553
b. For services and supplies, the actual cost of the materials and services purchased, to which overhead has been applied and included in the jointly adopted budget. The overhead amount may be reviewed and adjusted for each successive Fiscal Year this Agreement is in effect. VRSD shall, pursuant to its own procedures, practices, and regulations, atTange for the purchase of and payment for all service and supply items. c. For equipment and machinery, the VRSD billing rate associated with the equipment or machinery used, as shown in the jointly adopted budget and associated billing rate schedule.

5.2 Compensation for Services
a. On or before the tenth (10th) day following the end of any month for which payments are required to be made under this Agreement ("Billing Period"), VRSD shall mail to City a bill setting forth the fees for such prior month based on approved work and mate1ials. Payment is due thirty (30) days after the invoice date, City shall present payment to VRSD for full amount of such w1disputed fees.
b. If City disputes any amount billed by VRSD in any billing statement, City shall nonetheless pay the undisputed amount and shall mail to VRSD detailed written objection within twenty (20) days of the receipt of such billing statement indicating the amount that is being disputed and providing all reasons then known to City for its objection to or disagreement with such amount. If City and VRSD are not able to resolve such dispute within twenty (20) days after City's objection, either party may pursue legal remedies in accordance with the dispute resolution procedures in this Agreement.
c. If payment in full of any undisputed bill rendered by VRSD is not made as required, the unpaid balance shall bear an additional interest charge of one and one-half percent (1 .5%) per month until full payment is made. VRSD shall also be entitled to recover its reasonable expenses, including attorneys fees, incurred in obtaining payment of any undisputed and unpaid balance hereunder. City may, at its option, pay all or any portion of a bill under written protest and bring action to recover same.
d. City may order changes in the Services within the general scope of this Agreement, consisting of additions, deletions or other revisions, and the contract price will be adjusted accordingly. All such changes must be authorized in writing, executed by VRSD and City. The cost or credit to City resulting from changes in the Services will be determined in accordance with written agreement between the Parties.
e. City and VRSD acknowledge and agree that VRSD may bill the costs of any subcontractor mutually agreed to by the Parties needed to help VRSD with WRF operation or maintenance services to the City for payment in accordance with 5.2.a. above. 11 554

5.3 Existing Fixed Assets
All WRF Equipment, including, but not limited to, existing City fixed assets, rolling stock, inventory and supplies of and accessory to the WRF are and will remain the prope1iy of City.

VRSD is acting solely as an agent on behalf of City in the acquisition, use, and disposition of fixed assets, rolling stock, inventory and supplies of and accessory to the WRF. VRSD shall not enter into contracts or purchase orders for acquisition or disposal of WRF Equipment or City fixed assets without prior approval of City.

5.4 Record-Keeping and Records
VRSD shall maintain all accounting and record keeping in confonnance with generally accepted accounting principles and all applicable laws and regulations.

5.5 Examination of Records
The Parties agree that the Parties shall have, during nonnal business hours, access to and the right to examine any directly pertinent books, documents, papers, and records of the other party and of all the transactions relating to this Agreement.

5.6 Prevailing Wages
a. VRSD is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on ce1iain "public works" and "maintenance" projects ("Prevailing Wage Laws"). VRSD agrees to fully comply with such Prevailing Wage Laws. VRSD shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon VRSD and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Sections 1777.5 and 1777.6), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
b. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1 , VRSD and all subconsultants perfonning such Services must be registered with the Department of Industrial Relations. VRSD shall maintain regish·ation for the duration of the Agreement and require the same of any subconsultants, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department oflndustrial Relations. It shall be VRSD's sole responsibility to comply with 12 555
all applicable registration and labor compliance requirements.

ARTICLE 6; CITY'S RESPONSIBILITIES

6.1 Documentation. Prior to commencement of this Agreement and tlu·oughout the tenn of this Agreement, City shall provide VRSD, without charge, all information available to and in possession of the City regarding any work perfonned by City or others in connection with the WRF, including but not limited to: pertinent maps, diagrams, reports, samples, test results, plans and specifications, necessary legal and regulatory information, etc., which is required in connection with the performance of Services under this Agreement.

6.2 Equipment. City shall provide to VRSD, for VRSD's sole and exclusive use, a list of all WRF Equipment. Within 120 days after the Commencement Date, VRSD shall complete a list of all WRF Equipment which shall be attached as Exhibit F and submit as copy to City. Unless otherwise provided in this Agreement, City shall, during the Term of this Agreement, be solely responsible for the cost of replacing the City's WRF Equipment as reasonably determined by VRSD to be necessary for the operation of the WRF except to the extent caused by the negligence or willful misconduct of VRSD. Notwithstanding any other provision in this Agreement, VRSD shall not be liable for any WRF Equipment failure, malfunction or breakdown that occurs during the 120 day time period needed for VRSD to complete its WRF Equipment list.

6.3 Pennits and Licenses. City shall, at its sole cost and expense a obtain and maintain all Permits required to operate the WRF, including but not limited to those listed in Exhibit E.

Notwithstanding the foregoing to the contrary, VRSD shall obtain and maintain at all times during the Term and any subsequent extensions thereof, at its sole cost and expense, any and all necessary Pennits and certifications VRSD requires in order to perform the Services.

6.4 Capital Improvements. City shall, at its sole cost and expense, be responsible for any and any all Capital Improvements expenditures to the WRF for compliance with Applicable Laws, Plans, Policies and Regulations and within Design Parameters. VRSD shall submit, for City's approval, Capital Improvement expenditures prior to incurring any such expense. Each request for approval will identify the reason and estimated costs for the expendihlfe. Notwithstanding anything to the contrary in this Section 6, VRSD shall have the right, in emergency situations, to authorize the expenditure of monies for Capital Improvements where the failure to do so would have an adverse effect, as detennined by VRSD, on the WRF Facilities or the City WRF Equipment. In such an emergency situation, VRSD shall contact the City immediately. VRSD shall participate in the City's annual budgeting process and, based on industry standards and their experience operating wastewater facilities, will make a good faith effo1i to identify and assist in budgeting for Capital Improvements to be performed by the City. VRSD may be directed by tl1e City to perfonn Capital Improvements, as mutually agreed upon. This out of scope cost will be based on actual equipment, material, subcontractor costs, VRSD standard hourly rates (per Exhibit E), and maximum 15% administrative fees assigned to materials, equipment, outside professional services (other than those provided by VRSD), and other direct costs which shall include, but not be limited to additional insurance, consultant costs, and subcontractor costs.

6.5 Representations. City hereby represents and warrants to VRSD as follows:
13 556
a. City is a municipal corporation duly created and existing pursuant to the laws of the State of California. City has the requisite power and authority to enter into this Agreement. b. As of the Commencement Date, City will have obtained all requisite approvals for the budgeting of the payment for the VRSD operational costs and compensation for Services for the first year of the Tenn, with an allocation and established line-item for the collective VRSD Service Fee to be paid to VRSD for the remainder of the Term.
c. City has the legal capacity and authority to assess rates for the supply of wastewater services to customers of the Facilities.
d. City has enacted, or will have enacted by the Commencement Date, all municipal laws, ordinances, or regulations necessary for the perfonnance of this Agreement. City shall establish rates and fees for sewer services, which such rates and fees shall be sufficient to ensure compensation to VRSD for the Services to be performed hereunder and to maintain the WRF in good working order to comply with Applicable Laws, Plans, Policies, and Regulations. e. By executing this Agreement, City represents to VRSD that the City's WRF is generally in good condition and compliant with Applicable Laws, Plans, Policies, and Regulations for the operation of these systems. Parties further acknowledge and agree that the WRF' s condition and compliance with Applicable Laws, Plans, Policies, and Regulations is subject to Los Angeles Regional Water Quality Control Board Cease and Desist Order No. R4-2018-0023 and pending variances from the Ventura County Air Pollution Control District Hearing Board.

ARTICLE 7; INSURANCE

7.1 VRSD, at its sole discretion, shall detennine the method to be used in the management of its risk associated with providing Services to the WRF. VRSD shall have the right to self-insure or provide coverage through the California Sanitation Risk Management Authority or similar insurance carrier or a combination of both self-insurance or insurance company so long as it provides certificates of insurance to City in amounts not less than those specified below:
a. Workers' Compensation and Employer's Liability in accordance with applicable laws or $4,000,000 coverage limit.
b. General & Automobile Liability with combined single limit of $5,000,000 for bodily injury, death or property damage.
c. Professional Liability with a coverage limit of $1,000,000. 7 .2 a. If City requires VRSD to have Pollution Liability coverage of any specified amount on a per claim or occurrence basis, City shall inform VRSD in writing of this requirement within 60 days of the Commencement of this Agreement. If City requires such insurance coverage from VRSD, City agrees to indemnify, defend and hold hannless VRSD, its officials, officers, agents, representatives, consultants, contractors, directors, and employees from any and all pollution 14 557
related claims, losses, damages, actions, enforcement actions, regulatory actions or lawsuits from the Commencement of this Agreement until such time as VRSD may obtain such City-required insurance coverage, but in no event shall this indemnification, defense and hold hannless period exceed 180 days from the Commencement date. This provision shall be in addition to section

8.1.b. below and shall not be construed otherwise.
b. VRSD may include the cost of securing and maintaining all insurance coverages set forth in Sections 7.1, 7.2.a. and 7.4 in its monthly billing to the City for payment of Operational Costs and Compensation for Services in Article 5. Such insurance costs shall be in addition to VRSD's Operational Costs. And City agrees to pay such insurance costs in accordance with its payment obligations in Article 5.
7 .3 VRSD may retain risks of accidental Joss which occur with predictable frequency and will not have serious adverse effect on VRSD's fiscal position. When insurance is purchased, Certificates oflnsurance evidencing coverage shall be provided by VRSD prior to commencement of work under this Agreement and VRSD shall maintain insurance acceptable to the City for the duration of the Agreement. These certificates shall name City and its officers, officials, employees, agents, volunteers as Additional Insureds and contain a provision that coverage afforded under the policies will not be canceled until at least 30 days' prior written notice has been given to City.

Coverage provided by VRSD shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. If applicable, VRSD shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name the City as an additional insured using ISO fonn CG 20 38 04 13 or an endorsement providing the exact same coverage.

7.4 Professional liability coverage will be on an occurrence basis.

ARTICLE 8; HOLD HARMLESS & INDEMN!FICATION

8. 1 a. By VRSD: VRSD shall indemnify, defend and hold harmless the City, its officials, officers, employees, agents, representatives, consultants, contractors and subcontractors and their respective agents, servants, directors, officers and employees, for, from and against any and all Damage or Damages whether arising prior to, or after the execution or tennination of this Agreement ("Claim"), resulting or arising, directly or indirectly, from: (a) any violation of Applicable Law, Plans, Policies and Regulations (b) any act, error or omission of VRSD (or its employees, agents or contractors engaged directly by VRSD) in connection with or respect to the perfonnance of the VRSD Services or the performance of any of its obligations hereunder; (c) VRSD's release, transportation, migration, generation, treatment, processing, storage, use, discharge or disposal of any Hazardous Materials (collectively, "Discharge") in, on or under, the WRF Facilities, or the condition of any existing Hazardous Materials made worse, in each case by VRSD; (d) the breach by VRSD of any other obligation hereunder including the breach by VRSD of any warranties or representations made or given in, or pursuant to, or in connection with this 15 558
Agreement; (e) any claim that the VRSD Services constitute an infringement on rights claimed by third parties; (f) employees, subcontractors, or agents filing of an employment and/or workers' compensation claim; or (g) any execution, lien, levy, garnishment or other claim made or filed by a third party, whether or not arising from the VRSD Services, against a the City, City indemnitee or the Facilities except such Claim caused by the sole negligence or willful misconduct of the City.

YRS agrees to defend, at its sole cost and expense, the City in any action or proceeding arising out of any such Claim and to pay promptly all costs and expenses arising in co1mection with such defense, including attorneys' and expert witnesses' fees. VRSD shall retain complete control of the defense and settlement of any such Claim, provided that no settlement of an indemnified Claim shall be made without the consent of the City, such consent not to be unreasonably withheld or delayed. The City shall reasonably cooperate in the defense as VRSD may request. The City shall have the right to participate in the defense against the indemnified Claims with counsel of its choice at its own expense.
b. By the City: The City shall indemnify, defend and hold harmless VRSD, its agents, servants, directors, officers and employees, for, from and against any and all Damages whether arising prior to, or after the execution or termination of this Agreement ("Claim" ), resulting or arising, directly or indirectly, from: (a) any violation of Applicable Law, Plan, Policies and Regulations, resulting or arising, directly or indirectly, from: (b) any act, error or omission of the City (or its officials, officers, employees, agents, representatives, consultants, contractors and subcontractors (other than VRSD) engaged directly by the City) in connection with or respect to the perfo1mance of any of its responsibilities and obligations hereunder; ( c) the breach by the City of any warranties or representations made or given in, or pursuant to, or in connection with the Agreement; (d) the breach by the City of any other obligation hereunder; or (e) any Discharge of any Hazardous Materials in, on or under, the Facilities, or the condition of any existing Hazardous Materials made worse, in each case by the City. The City agrees to defend, at its sole cost and expense, VRSD in any action or proceeding arising out of any such Claim and to pay promptly all costs and expenses arising in connection with such defense, including attorneys' and expert witnesses' fees. The City shall retain complete control of the defense and settlement of any such Claim, provided that no settlement of an indemnified Claim shall be made without the consent of VRSD, such consent not to be unreasonably withheld or delayed. VRSD shall reasonably cooperate in the defense as the City may request. VRSD shall have the right to participate in the defense against the indemnified Claims with counsel of its choice at its own expense.

8.3 Comparative Negligence. If both VRSD and the City are found by an independent fact finder to be negligent, and the negligence of both is the proximate cause of such claim for Damages, then, in that event, each party shall be responsible for the portion of the liability equal to such party's comparative share of the total negligence subject, however, to any comparative fault laws of the governing jurisdiction to the contrary.

8.4 Qualifications; Limitation of Liability. Except as set fo1ih above, a party's liability for indemnity under this Agreement shall not be limited in any way by any restriction on the amount or types of Damages (including, by way of illustration only, compensation or benefits payable by or for such pa1iy or its subcontractors under any worker's compensation laws or by any limits of any insurance required to be maintained hereunder) and such limitations are hereby waived. This 16 559
indemnity shall apply without regard to whether a public or private claimant asserts a Damage and whether in an investigative, judicial or administrative proceeding, civil or criminal.

8.5 Parties understand and agree that the foregoing provisions regarding mutual indemnification will survive tennination of this Agreement.

ARTICLE 9: MODIFICATION OF TERMS AND ENTIRE AGREEMENT
No alteration or variation of the tenns of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

ARTICLE JO: ASSIGNMENT
Neither party shall assign nor transfer its interest in this Agreement without the written consent, of the other, which written consent shall not be withheld except for good and reasonable cause.

ARTICLE 11; ARTICLE HEADINGS/CAPTIONS
Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the tenns, covenants, and conditions of this Agreement.

ARTICLE 12: PARTIAL INV ALIDITY/SEVERABILITY
If any term, covenant, condition, or provision of this contract is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby.

ARTICLE 13: COUNTERPARTS
This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument.

ARTICLE 14: NO THIRD PARTY BENEFICIARIES
This Agreement is not intended to and shall not confer upon any other person, other than the Parties hereto, any rights or remedies with respect to the subject matter of this Agreement.

ARTICLE 15: UNCONTROLLABLE CIRCUMSTANCES

15.l Relief from Obligations. Except as expressly provided under the tenns of this Agreement, neither party shall be liable to the other for any loss, damage, delay, default or failure 17 560
to perfonn any obligation to the extent it results from an Uncontrollable Circumstance. The Parties agree that the relief for an Uncontrollable Circumstance described in this Section shall apply to all obligations in this Agreement, except to the extent specifically provided otherwise, notwithstanding that such relief is specifically mentioned with respect to certain obligations in this Agreement but no other obligations. The occurrence of an Uncontrollable Circumstance shall not excuse or delay the perfonnance of a party's obligation to pay monies previously accrued and owing under this Agreement, or to perfonn any obligation hereunder not affected by the occurrence of the Uncontrollable Circumstances. City shall pay the VRSD operational costs and compensation for Services during the continuance of any Uncontrollable Circumstance, adjusted to account for any cost reductions achieved through VRSD mitigation measures required by subsection (B) of this Section, as well as for any cost increases or monies previously accrued to which VRSD is entitled under this Section.

15.2 Notice. The party that asserts the occurrence of an Uncontrollable Circumstance shall notify the other party by telephone or facsimile, on or promptly after the date the pa1iy experiencing such Uncontrollable Circumstance first knew of the occmTence thereof, followed within 15 days by a written description of: (a) the Uncontrollable Circumstance and the cause thereof (to the extent known); and (b) the date the Uncontrollable Circumstance began, its estimated duration, the estimated time during which the performance of such party's obligations hereunder shall be delayed, or otherwise affected.

15.3 Mitigation. As soon as practicable after the occurrence of an Uncontrollable Circumstance, the affected party shall also provide the other party with a description of: (a) the amount, if any, by which the VRSD operational costs and compensation for Services is proposed to be adjusted as a result of such Uncontrollable Circumstance; (b) any areas where costs might be reduced and the approximate amount of such cost reductions; and ( c) its estimated impact on the other obligations of such party under this Agreement. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as practicable, use all reasonable efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Uncontrollable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party.

ARTICLE 16; NOTICES
All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by depositing same first-class, postage paid mail addressed as follows:

To City:

CITY OF SANTA PAULA
P.O. Box 569
18 561
Santa Paula, CA 93061
Attn: Clete Saunier, Public Works Director
ToVRSD:

VENTURA REGIONAL SANITATION DISTRICT
1001 Paiiridge Drive, Suite 150
Ventura, CA 93003-0704
Attn: Chris Theisen, General Manager
or to such other address as either party may designate hereinafter in writing delivered to the other party. All notices shall be deemed to have been received three (3) days after mailing.

ARTICLE 17: NOW AIVER
No failure or delay by either party in asserting any of its rights and remedies as to any default of the other party shall operate as a waiver of the default, of any subsequent or other default, or any of either party's rights or remedies. No such delay shall deprive either Party of its right to institute and maintain any action or proceeding which may be necessary to protect, assert or enforce any rights or remedies arising out of this Agreement or the performance of this Agreement.

ARTICLE 18; CALIFORNIA LAW
This Agreement shall be interpreted and construed pursuant to the laws of the State of California. The parties agree that venue for any litigation arising from this agreement shall be County of Ventura Superior Court.

ARTICLE 19; DISPUTE BESOLUTION
The Parties shall endeavor to resolve all claims and disputes in a timely fashion and in good faith though direct discussions by the Parties and their respective representatives who shall possess the authority to resolve such disputes.

Claims, disputes, or other matters in controversy arising out of or related to the Agreement shall be subject to mediation as a condition precedent to any binding dispute resolution or settlement. The parties shall select one ( 1) mutually agreeable disinterested third party ("Mediator") with expertise in the development and construction of similar projects, and the Parties and the Mediator shall agree upon the dates, times, locations, and manner of proceeding with such process. The Parties shall share the Mediator's fee and any filing fees equally. The mediation shall be held in the County of Ventura, unless another location is mutually agreed upon.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. Any litigation or other dispute resolution proceedings arising from or related to perfonnance of this Agreement shall be filed and adjudicated in Ventura County, 19 562
California.

ARIICLE 20; SUBCONIRACTORS
VRSD shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signature Page to Follow]
20 563

SIGNATURE PAGE FOR AGREEMENT FOR WATER & WASTEWATER FACILITY

OPERATION, MANAGEMENT & MAINTENANCE BETWEEN

CITY OF SANTA PAULA
AND

VENTURA REGIONAL SANITATION DISTRICT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written.

VENTURA REGIONAL

SANITATION DISTRICT
,_lint rt1ennta11
By Jim Friedman (Apr 15, 202110:06 PDT)
Jim Friedman, Chairman of the
Board of Directors
APPROVED AS TO FORM:

ARNOLD LAROCHELLE MATHEWS

V ANCONAS & ZIRBEL, LLP
ByRobert
RR/;Ner. Kwong N.(Apr15;202l:o7 ~ PDT)
Robert N. Kwong
Legal Counsel for DISTRICT

CITY OF SANT A PAULA

APPROVED AS TO FORM

BEST, BEST & KRIEGER
By Johlci a tt6
City Attorney
21 564
List of Exhibits:

A. WDR/CDO
B. Scope of Services
C. WRF Design Parameters
D. VRSD Hourly Billable Rates FY 2021 and FY 2022
E. VRSD Water & Wastewater ISF Equipment and Charges FY 2021 22 565

EXHIBIT A
Los Angeles Regional Water Quality Control Board
February 15, 2018

CERTIFIED MAIL
@ Et>MUNO G . a .. o wN Jf' OOYlf\NO ..
.
~ MAntiEW R ODRIQUEZ l.
~
""-~ a t:CAU AJn' ro" I HVtRONMINlAl , ROTC01'K>t.1
Michael Rock, City Manager
City of Santa Paula
970 Ventura Street

RETURN RECEIPT REQUESTED
CLAIM NO. 7017 1450 0002 1559 0539
Santa Paula, CA 93061
WASTE DISCHARGE REQUIREMENTS ORDER NO. R4-2018-0022 AND CEASE AND DESIST ORDER NO. R4-2018-0023 FOR SANTA PAULA WATER RECYCLING FACILITY (SPWRF) - CITY OF SANTA PAULA (FILE NO. 06-189, Cl NO. 9259, GLOBAL ID WDR100000849)
Dear Mr. Rock:

Our letter of February 5, 2018, transmitted the second revised tentative Waste Discharge Requirements and Cease and Desist Order (WDRs/CDO) for the Santa Paula Water Recycling Facility - the City of Santa Paula.

Pursuant to Division 7 of the California Water Code, the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) at a public meeting held on February 8, 2018, reviewed the second revised tentative WDRs/CDO, considered all factors in the case, and adopted WDRs Order No. R4-2018-0022 and COO No. R4-2018-0023 (copies enclosed) relative to this discharge. The adopted WDRs/CDO will be posted on the Regional Board's website at:
http://www.waterboards.ca.gov/losangeles/board decisions/adopted orders/ The City of Santa Paula shall comply with the Electronic Submittal of Information (ESI) requirements by submitting all reports required under the WDRs/CDO, including groundwater monitoring data, discharge location data, and searchable Portable Document Format of monitoring reports to the State Water Resources Control Board GeoTracker database under Global ID WDR100000849.

If you have any questions, please contact the Project Manager, Dr. Don Tsai at (213) 620-2264 ([email protected]), or me at (213) 576-6683 ([email protected]).

Sincerely,
Eric
~~-~ Wu, Ph.D., PE
Chief of Groundwater Permitting Unit
MAOEl.VN GllO<FBl), O<~ I WIUB. UNGER, Elru:UllVl Ofl'lrnl 320 WHI 4• Sl . Su.ta 200, Loo .\ngalas CA 90013 I www alarbo rds.ca.govllosan~ () R£cva.m PllPER
566
Mr. Michael Rock
City of Santa Paula
Enclosures:
- 2 - February 15, 2018

1. Waste Discharge Requirements Order No. R4-2018-0022

2. Attachments A to E

3. Cease and Desist Order No. R4-2018-0023
cc (via email): Mr. John Ilasin - City of Santa Paula
Mr. Jim Kuykendall - Stantec
Ms. Ashli Desai - Larry Walker Associates
Ms. Stephanie Medina, Heal the Bay
Mr. William C. Stratton, County of Ventura Environmental Health Division Mr. Jeff Pratt, Ventura County Public Works Agency
Mr. Chris Theisen, Ventura Regional Sanitation District Mr. Mauricio E. Guardado, United Water Conservation District Department of Fish and Game, Region 5
Ventura County Waterworks District 16
Mr. Donald Westerdale
Mr. David Lippert
Mr. Norman Bigott
Ms. Kate Neiswender
Ms. Katherine Malzacher
Dr. Eda McGowan
Mr. David W. Rowlands, City of Fillmore
567

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

LOS ANGELES REGION
320 West 4'" Street. Suite 200, Los Angeles, California 9001 3 (213) 576-6660 • Fax (21 3) 576-6640
http://www.waterboards.ca.gov/losangeles/
ORDER NO. R4-2018-0022
FILE NO. 06-189
Cl NO. 9259

WASTE DISCHARGE REQUIREMENTS
FOR

CITY OF SANTA PAULA
(SANTA PAULA WATER RECYCLING FACILITY)
The California Regional Water Quality Control Board, Los Angeles Region (Regional Board) finds:

PURPOSE OF ORDER

1. The City of Santa Paula (City or Discharger) is the owner of the Santa Paula Water Recycling Facility (SPWRF), a Publicly-Owned Treatment Works (POTW), located at 920 Corporation Street in Santa Paula, California (Figure 1 ). The SPWRF, currently operated by American Water, discharges tertiary-treated wastewater to groundwater via three percolation ponds adjacent to the facility.

2. The City was previously regulated under Waste Discharge Requirements (WDRs) contained in Order No. R4-2007-0028, adopted by this Regional Board on May 3, 2007. The Regional Board amended Order No. R4-2007-0028 three times as follows:

A. Order No. R4-2010-0074, adopted by this Regional Board on May 6, 2010, required that effluent discharged to percolations ponds shall not exceed 2.6 million gallons per day (MGD).

B. Order No. R4-2007-0028-R02, adopted by this Regional Board on February 2, 2012, incorporated pretreatment program requirements and corresponding monitoring requirements.

C. Order No. R4-2007-0028-R03, adopted by this Regional Board on April 6, 2017, extended the expiration date of Order No. R4-2007-0028 from May 3, 2010 to December 15, 2017 or upon future issuance of new or revised WDRs.

D. Order No. R4-2007-0028-R04, adopted by this Regional Board on December 21, 201 7, extended the expiration date of Order No. R4-2007-0028 from December 15, 201 7 to March 31 , 2018 or upon future issuance of new or revised WDRs.

3. On October 1, 2015, the Regional Board directed the City to submit a Report of Waste Discharge (ROWD) for application of renewal of the City's WDRs to discharge treated wastewater from the SPWRF to the percolation pond. On December 5, 2015, the City filed its ROWD for the SPWRF.

February 8, 2016
568
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No . 06-1 89

4. To verify the information provided in the ROWD, Regional Board staff conducted inspections of the SPWRF on December 8, 2015 and December 28, 201 6, including the wastewater treatment processes, percolation ponds, and groundwater monitoring wells.

5. The purpose of this Order is to renew WDRs for the City's SPWRF. This Order includes updates to effluent limitations, groundwater limitations, and Monitoring and Reporting Program (MRP) Cl No. 9259 to ensure that the City's discharge of waste complies with water quality objectives set forth in the Water Quality Control Plan for the Los Angeles Region:

Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (Basin Plan) and is protective of beneficial uses.

BACKGROUND

6. Before 2010, the City's wastewater was treated at the Santa Paula Wastewater Reclamation Plant (Plant), which discharged the treated wastewater to the Santa Clara River. That discharge was regulated by a National Pollutant Discharge Elimination System (NPDES) permit. Due to the age of the Plant, which was built in 1939, the City was unable to comply with the effluent limitations for biological oxygen demand (BOD), total suspended solids (TSS), turbidity, bacteria, residual chlorine, nitrate-nitrite, sulfate, and toxicity, as set forth in its NPDES permit. More than 3,000 violations at the Plant lead the Regional Board to engage in settlement discussions with the City, resulting in a Stipulated Consent Judgment and Final Order in 2007. The City ·chose to build a new treatment plant, the SPWRF, to discharge to groundwater through percolation ponds. The City was required to complete construction of the new SPWRF by September 15, 2010 and be in full compliance with WDRs set forth in Order No. R4-2007-0028 by December 15, 2010.

7. Construction of the SPWRF began in July 2008 and was completed in December 2009. The SPWRF began accepting partial flow in April 2010 and then accepted all flow from the City in May 2010. The Plant built in 1939 was thereafter decommissioned.

8. According to the United States Census Bureau, approximately 19% of the population in the City have income levels below the poverty line, and approximately 25% of area in the City is categorized as a disadvantage community (less than 80% of the State's median household income) or a severely disadvantaged community (less than 60% of the State's median household income). The average sewer fee assessed for a single family was about $88, based on the City's 2014 Water and Sewer Rate Study Results.

9. Drinking water supplied to the City is produced from deep wells including Well 1-B, Well 11 , Well 12, Well 13, and Well 14, which are owned and operated by the Water Division of the City and produce up to 10.6 MGD. Water produced at all five wells between 2010 and 2016 complied with all primary state and federal drinking water standards. Table 1 summarizes drinking water test results for total dissolved solids (TDS), sulfate, chloride, and boron from the City's 2010-2016 Annual Water Quality Reports, as compared to the groundwater quality objectives (GQOs) set forth in the Basin Plan.

Table 1 - Drinking Water Quality (milligrams/Liter, mg/l ) Period I TDS Sulfate Chloride Boron
2010 941 440 43 0.53
2011 918 428 41 0.54
2 569
City of Santa Paula
Santa Paula Water Recycling Facility
Table 1 - Drinking Water Quality (milligrams/Liter, mg/L) Period TDS Sulfate Chloride
2012 964 442 42
2013 693 208 47
2014 975 420 42
2015 941 405 44
2016 981 440 48
GQOs 2000 800 110

CURRENT FACILITY AND TREATMENT PROCESS DESCRIPTION

10. SPWRF and Vicinity
Order No. R4-2018-0022
File No. 06-169
I Boron

0.52 0.52

0.54 0.47

0.55 1.0
A. The SPWRF (34° 19' 56.3" N, 119° 04' 57.2" W) is sited on a 50-acre parcel along Calpipe Road and Todd Lane in Santa Paula, California (Figure 1). The SPWRF is approximately 1,200 feet southeast of Highway 126, approximately 1,000 southwest of Shell Road, and approximately 1,300 feet northwest of the Santa Clara River.

B. The SPWRF is located over the Santa Clara-Santa Paula Groundwater Basin (DWR Basin No. 4-4) (Figure 2).
11 . SPWRF Treatment
A. The SPWRF treats wastewater generated within the City and is designed for a flow of

4.2 MGD. Based on the discharge records between July 2010 and June 2017, the monthly average effluent discharged from the SPWRF ranged between 1.36 and 2.44 MGD, with an average of 1.86 MGD.

B. The wastewater treatment process at the SPWRF (See Figure 3 for process flow schematic) consists of preliminary treatment (coarse and fine mechanical screening and grit removal at the Influent Lift Station), flow equalization (two flow equalization tanks), secondary treatment (three aeration tanks with nitrification and denitrification activated sludge), tertiary treatment (six biomembrane reactors, providing further carbonaceous oxidation, nitrification/denitrification and solids removal to meet the limits of the WDRs), and disinfection (UV). Treated and disinfected effluent is discharged to t.hree percolation ponds (Figure 4). The returned activated sludge is treated at two of three aerobic digesters (one aerobic digester is for backup) after being thickened at two thickeners. The solids generated at the aerobic digesters receive final dewatering at the screw dewatering press. Final solids meeting the United States Environmental Protection agency (USEPA) Class B reuse standards are sent to the Ventura County Regional Bio-Solids facility.

C. The SPWRF was not designed to remove chloride. Since the SPWRF has no ability to remove chloride, chloride is passed through to the effluent and then groundwater via discharges to the percolation pond.
3 570
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
D. The City owns and operates the sewer collection system, which conveys domestic, commercial, and industrial wastewater to the SPWRF. Two industrial users within the City are Aurora Casting (metal foundry) and Saticoy Lemon (lemon packing house).

The City is required to implement a Pretreatment Program and to comply with requirements for operation and maintenance of the sewer collection system. The City has been implementing an industrial wastewater Pretreatment Program for the SPWRF, which has been approved by the USEPA and the Regional Board.

E. Percolation Ponds
i. The three percolation ponds were built on approximately 34 acres of agriculture land (Figure 4) and are located along Todd Lane in the Santa Clara-Santa Paula Groundwater Basin area.
ii. The Regional Board classified the discharge to the percolation pond as a discharge of treated wastewater to land that is subject to WDRs. iii. A hydrologic model completed by the City in 2008 indicated that the percolation pond have a maximum discharge capacity of 2.6 MGD during wet years.

Therefore, the allowable discharge of the SPWRF was reduced from 8 MGD to

2.6 MGD in Order No. R4-2010-0074 (amending Order No. R4-2007-0028).

GROUNDWATER DEPTH AND MONITORING WELLS

12. Depth to groundwater within the shallow aquifer at the site ranges from approximately 15 to 49 feet below ground surface. Groundwater gradients generally appear to parallel the ground surface, gently sloping downward to the southwest. During wet years, groundwater may rise to within 10 to 11 feet below ground surface in the area along the Santa Clara River.

13. The City owns and currently samples eight (8) groundwater monitoring wells, including MW1, MW-2a, MW-3, MW-4, MW-5, MW-6, MW-7a, and MW-8 (shown on Figure 4). Per Section IV.C.3 of the Monitoring and Reporting Program (MRP) (Attachment E), the City will be proposing a modified groundwater monitoring network. Upon approval by the Executive Officer, the modified groundwater monitoring network will be used to determine compliance with the groundwater limitations in this Order, demonstrate that the discharge via percolation ponds does not cause mounding of groundwater, and to generally monitor the change of groundwater quality to ensure that the discharge does not cause adverse impacts to groundwater.

COMPLIANCE HISTORY

14. Based on data collected from July 2010 to June 2017, the City had the following number of exceedances recorded in the effluent and groundwater at the SPWRF, which are identified in Table 2.

Table 2 - Number of Exceedances Recorded in Effluent and Groundwater Pollutants Effluent I Groundwater
Chloride 84 174
Di( 2-et h yl) p ht ha late 1 --
4 571
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Table 2 - Number of Exceedances Recorded in Effluent and Groundwater Pollutants Effluent Groundwater
Dioxin 1 ---
Total nitrogen 1 ---
Nitrate plus nitrite --- 1
Sulfate --- 1
chromium --- 5
Aluminum --- 10
Nickel --- 1
Boron --- 1
Multiple effluent and groundwater limitations were exceeded during the period between the 2nd quarter of 2010 and the 3rd quarter of 2011 . Beginning with the 4th quarter of 2011 , the City had met all effluent limitations except for chloride. As previously noted, the SPWRF was not designed to remove chloride. The monthly effluent chloride concentration ranged from 125 to 166 mg/L and continuously exceeded the effluent chloride monthly average of 110 mg/L. Table 3 summarizes the annual average chloride concentrations in the SPWRF effluent.

Table 3 - Annual Average Chloride Concentrations11l (mg/L) in SPWRF Effluent 2010 I 156
2011 153
2012 149
2013 155
2014 145
2015 134
2016 137
2017 (Jan - Jun) 141
Rangel2l 144.4 ± 8.2
Table Notes:
[1] All data collected from grab samples.
[2] Data range is based on one standard deviation.

15. Table 4 summarizes the groundwater annual average chloride concentration before and after the SPWRF began discharging via the percolation pond. The annual average chloride groundwater concentration was 108 mg/L at the downgradient water supply Well AW03 prior to initiation of discharge at the percolation pond in 2010. After the SPWRF began discharging to the percolation pond, the annual average chloride groundwater concentration increased to 135 mg/L at Well AW03. Monitoring data from the upgradient groundwater monitoring Well MW-3 indicates an annual average chloride groundwater 5 572
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
concentration of 100 mg/L. This information suggests that the background groundwater chloride concentration was around 100 mg/L. Groundwater chloride concentrations at the downgradient groundwater monitoring Well MW-5 have been recorded between 135 and 155 mg/L, with an average of 142 mg/L. This data closely aligns with the SPWRF's effluent chloride concentration of approximately 144 mg/L (Table 3). The groundwater and effluent data indicate that the chloride discharges from the SPWRF have impacted, and continue to impact, the receiving groundwater quality in the vicinity of the SPWRF.

Table 4 - Annual Average Chloride ConcentrationC
1 J in Groundwater (mg/L)
Period Downgradient Oowngradient Upgradient
MW-5C21 03N21 W21 G03$[
31 MW C~ l
Prior to Discharge from SPWRF
2003 --- 113 ---
2004 --- 11 1 ---
2005 115 117 92
2006 114 112 88
2007 108 110 85
2008 87 100 78
2009 74 92 96
Rangel5J 99.6 ± 16.3 107.9 ± 8.6 87.8 ± 6.1
After Discharge from SPWRF
2010 (Jul - Dec) 145 138 93
2011 145 146 112
2012 153 135 87
2013 155 136 103
2014 135 129 11 5
2015 136 129 108
2016 135 134 103
2017 (Jan - Jun) 121 131 82
Rangel
5J 142.4 ± 17.6 134.0 ± 6.7 100.2 ± 15.2
Table Notes :
(1] All data collected from grab samples.
[2] Data were averaged from samples collected at the City-owned groundwater monitoring Well MW-5 with screen intervals of 42 to 62 feet, located approximately 50 feet downgradient from Percolation Pond 3.
[3] Water supply Well AW03 is owned and operated by a private entity. This well is located approximately 300 feet southwest of Well MW-5. The screen intervals of Well AW03 are from 80 to 120 below surface grade. Water produced at this well is used for agricultural irrigation only.
6 573
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-201 B-0022
File No. 06-169
[4] Data were averaged from samples collected at the City-owned groundwater monitoring Well MW-3 with screen intervals of 25 to 45 feet, located approximately 1,800 feet upgradient from Percolation Pond 1.
[5] Data range is based on one standard deviation.

16. The Regional Board issued three Notices of Violation (NOVs) to the City, dated November 3, 2011 , December 30, 2014, and March 20, 2017, for exceedances of the chloride effluent and groundwater limitations in Order No. R4-2007-0028. These NOVs required the City to implement corrective and preventative actions to bring the City's discharge to full compliance with the chloride effluent limitation and receiving water requirements specified in Order No. R4-2007-0028.

PLAN FOR CHLORIDE COMPLIANCE

17. The City's efforts to reduce the chloride concentration in the influent to the SPWRF are summarized below:

A. The City identified that the influent to the SPWRF contains brine with elevated chloride concentration from Self-Regenerating Water Softeners (SRWS). There are approximately 1,250 residential SRWS used in the City.

B. On September 5, 2006, the City established Ordinance No. 1160 prohibiting the installation or replacement of residential SRWS.

C. On June 22, 2015, the City adopted Resolution No. 6918 approving a SRWS Buyback and Incentive Program. This program offers a financial incentive to residents to voluntarily remove SRWS. A Kick-Off SRWS Buyback event was held on September 19, 2015. The removal of SRWS under this program began in October 2015. As of September 30, 2017, 255 of the approximately 1,250 SRWS have been removed.

Table 5 summarizes the progress of SRWS removal by comparing the monthly average chloride concentration in the effluent compared to the accumulated number of SRWS removed. A reliable decreasing trend for chloride has not been observed in the effluent.

Table 5 - Monthly Average Chloride ConcentrationC11 in Effluent Compared to Accumulated Number of SRWS Removed
Period Accumulated Number Effluent (mg/L) of SRWS Removed April 2015 0 135
May 2015 0 134
June 2015 0 132
July 2015 0 136
August 2015 0 134
September 2015 0 129
October 2015 23 132
November 2015 46 133
7 574
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Table 5 - Monthly Average Chloride Concentration£11 in Effluent Compared to Accumulated Number of SRWS Removed
Period Accumulated Number I Effluent (mg/L) of SRWS Removed December 2015 58 129
January 2016 74 146
February 2016 83 139
March 2016 96 138
April 2016 106 137
May 2016 115 138
June 2016 122 138
July 2016 125 134
August 2016 135 125
September 2016 158 133
October 2016 166 142
November 2016 196 140
December 2016 200 141
January 2017 220 146
February 2017 228 157
March 2017 233 143
April 2017 236 131
May 2017 243 134
June 2017 244 134
July 2017 247 129
August 2017 254 125
September 2017 255 129
Monthly Ranget21 --- 136.4 ± 7.4
Table Notes:
[1] All data collected from grab samples.
[2] Data range is based on one standard deviation and results from data collected between October 2015 and September 2017.

18. To address the City's chloride exceedances in the effluent and groundwater, the Regional Board required the City to submit a Chloride Reduction Workplan. Board staff also met witl1 the City on several occasions to discuss the City's chloride exceedances. A summary of these events are as follows:
8 575
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
A. On December 19, 2013 and May 11 , 2015, the Regional Board met with the City to discuss its Chloride Reduction Workplan. The City's Chloride Reduction Workplan includes the following tasks:
i. Prohibit SRWS installations or replacements;
ii. Implement a SRWS Buyback Program;
iii. Implement a Recycled Water Program to reduce effluent discharged to the three percolation ponds; and
iv. Implement Supplemental Strategies, if needed, including advanced treatment (e.g. reverse osmosis) and disposal of brine.

B. On January 28, 2016, Regional Board staff discussed with the City the necessary actions to reduce the chloride concentration in the effluent, which included the SRWS Buyback Program. The City also proposed to explore application of recycled water at locations other than identified groundwater hot spots and to conduct groundwater impact investigation and remediation activities. The City was notified that detailed schedules and milestones were required for all actions.

C. On March 8, 2016 and September 14, 2016, the City met with Regional Board staff to provide an update of its SRWS Buyback Program efforts. The City noted that five City employees were deployed to conduct door-to-door visits to encourage participation in the SRWS Buyback Program among 7,500 dwellings within the City.

D. On October 31 , 2016, the City met with Regional Board staff to provide an update on the following topics:
i. Status of implementing the chloride compliance strategy and potential for reduction of effluent discharged to the three percolation ponds via the City's Recycled Water Program;
ii. Assimilative capacities for chloride at different groundwater locations beneath the City based on the Salt and Nutrient Management Plan for the Lower Santa Clara River Basin; and
iii. Groundwater hot spots (i .e., chloride-impaired areas with no assimilative capacity for recycled water applications) in the City.

19. On July 9, 2015, the Regional Board adopted Resolution No. R15-007, an amendment to the Basin Plan that incorporated stakeholder-developed groundwater quality management plan for salts and nutrients in the Lower Santa Clara River groundwater basins.

Groundwater quality management measures were developed by stakeholders as part of the Salt and Nutrient Management Plan (SNMP) for the Lower Santa Clara River Basins in Ventura County. Such plans are a requirement of the State Water Resources Control Board's (State Water Board) Recycled Water Policy and are intended to maintain high quality waters and to protect the beneficial uses of groundwater while promoting recycled water use throughout the state. The SNMP utilized a groundwater quality model that characterized the water quality in the Santa Paula Basin and examined the degree of impairment to water quality in the Basin. The model shows there is available assimilative 9 576
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-201 B-0022
File No. 06-189
capacity for salts and nutrients, including chloride, in most areas of the Santa Paula Basin to allow for recycled water projects consistent with the Recycled Water Policy. As described below. the City is planning to recycle effluent that is currently discharged to the percolation pond.

20. The City developed and utilized a simple spreadsheet mixing model, the Grounc/wafer Chloride Transportation Moc/el (Chloride Model), to analyze the effect of future effluent discharges on groundwater over time at various distances from the percolation pond. The City's modelling assumed some degradation of groundwater with respect to chloride within a limited range of mixing zone radius below and adjacent to the SPWRF, measured from the boundaries of the percolation pond. This distance is the maximum allowable distance where SPWRF effluent disposed to the percolation pond can mix with groundwater and result in receiving water chloride concentrations of 110 mg/L or less in order to provide protection to groundwater beneficial uses at the first encountered water supply wells which are at 150 feet away from the percolation ponds. Groundwater within the mixing zone will exceed the chloride GQO of 11 O mg/L. Mass-volume balance calculations along with Darcy's Law are used to account for travel in porous media. The Chloride Model simulates instantaneous and complete mixing of ambient groundwater with effluent seepage reaching the water table from the percolation pond using SPWRF data for flow and chloride effluent concentrations. It was conservatively assumed that any effluent discharge to the percolation pond would infiltrate into the underlying aquifer and not be diverted for other uses.

Groundwater parameters within the spreadsheet model were selected based on recent monitoring reports in order to be representative of average conditions within the vicinity of the SPWRF. The Chloride Model assumes an initial volume of groundwater underlying the ponds possessing background chloride concentrations of 136 mg/L. The volume of the existing groundwater body is calculated as the product of the radius of interest (150-1200 feet), an assumed saturated thickness of potentially impacted groundwater (50 feet), and the porosity of the underlying sediments (assumed to be 0.2) based on the low end of published literature values for a sand and gravel mixture. Based on the regional groundwater quality data documented in the SNMP, regional groundwater inflow is assumed to have a chloride concentration of 91 mg/L.

On December 14, 2016, Regional Board staff met with the City to discuss the results of the Chloride Model, which evaluated compliance with the groundwater quality objectives beneath and adjacent to the three percolation ponds, for various discharge scenarios. Based on Regional Board staff's comments, the City implemented additional discharge scenarios in the Chloride Model, which was discussed in meetings held on February 8, 2017, February 17, 2017, July 24, 2017, and August 7, 2017.

21. The Chloride Model simulated chloride concentrations in the receiving groundwater resulting from chloride mass loading reduction in the three percolation ponds. The Model predicted GQOs being achieved at 150 feet away from the percolation pond when the total mass of chloride in the effluent is significantly reduced. The initial mass of chloride is calculated based on the average chloride effluent concentration of 135 rng/L and the discharge rate of

2.2 MGD [95 percentile of monthly average effluent flows, resulting from data recorded between October 2015 (beginning of the SRWS Buyback Program) and June 2017), which results in 2,479 pounds total mass of chloride discharged per day. The reduction of chloride mass discharged to the percolation pond can be achieved by improving the effluent chloride concentration (e.g .. source control or treatment), or diverting a significant amount of flow for recycled water uses, or a combination of both in order to protect water supply Wells AW01, AW02, and, AW03, approximately 150, 150, and 300 feet, respectively, away from 10 577
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
percolation ponds. Water produced from these wells is primarily for agricultural irrigation use.

To achieve the chloride GQO of 110 mg/L in groundwater at least 150 feet away from the percolation pond, the City provided various effluent chloride concentration and allowable flow combinations (Table 6). Based on the hydrology and hydrogeologic condition at the SPWRF percolation ponds area, the higher the concentration of chloride in the effluent, the less volume and mass can be discharged to percolation ponds to comply with the chloride GQO in the Basin Plan. For example, if the chloride concentration in the effluent is 135 mg/L, only 0.07 MGD, which is equivalent to 79 pounds of chloride per day, could be discharged to the percolation pond to achieve the chloride GQO of 110 mg/L at 150 feet away from the percolation pond. If the chloride concentration in the effluent is reduced to 120 mg/L, then more flow (0.2 MGD) can be discharged to the percolation pond and achieve the chloride GQO 150 feet away from the percolation pond.

Table 6 - Groundwater Chloride Transportation Model - Continuous Discharge
Chloride Flow to Percolation Allowable Effluent Chloride Effluent Ponds (% of 2.2 Mass Load to Groundwater
Groundwater Concentration at Concentration MGD) (Daily) 150 feet 135 mg/L 0.07 MGD (3.2%) 79 pounds (lbs) 110 mg/L
130 mg/L 0.1 MGD (4.5%) 108 lbs 110 mg/L
125 mg/L 0.13 MGD (5.9%) 1351bs 110 mg/L
120 mg/L 0.2 MGD (9.1 %) 200 1bs 110 rng/L
115 mg/L 0.4 MGD (18.2%) 384 lbs 110 rng/L

22. To achieve compliance with the chloride GQO in this Order and to conserve potable water, the City plans to reduce the volume of effluent, and thus a reduction of the chloride mass discharged to the percolation pond by providing recycled water for various local uses. The Regional Board has evaluated the planned recycle projects and has determined that they will be consistent with the State Water Board's Recycled Water Policy and will still preserve available assimilative capacity within the Santa Paula Basin consistent with the SNMP. The mass-based effluent limitation for chloride in this Order reflects the City's chosen compliance option. The groundwater limitations are based on the GQOs in the Basin Plan.

23. On December 22, 2015, the City submitted the Recycled Water Program Technical Report and Notice of Intent with the Title 22 Engineering Report to the State Water Board's Division of Drinking Water (DOW) for approval. DOW conditionally approved the Title 22 Engineering Report on August 19, 2016. On June 14, 2017, the Regional Board enrolled the City's recycled water program under separate Water Reclamation Requirements for Recycled Water Use, Order WQ 2016-0068-DDW, issued by the State Water Board on June 7, 2016.

24. In the City's report, Chloride Load Reduction Milestones, submitted to the Regional Board on March 14, 2017, the City included the construction of reverse osmosis treatment at the SPWRF as an option (under Supplemental Strategies), if needed, in order to comply with the chloride groundwater quality objective of 110 mg/L. The City wi ll continue its source 11 578
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-201 8-0022
File No. 06-189
control efforts to remove SRWSs and will first focus on recycling most of its effluent in order to bring the groundwater back into compliance with GQOs. Progress with these efforts will be assessed at Year 2022 and determination will be made as to whether advanced treatment will be required to meet the chloride GQO at Year 2027. If advanced treatment is required, effluent limits will be applied in a way to ensure protection of all beneficial uses, including salt-sensitive crops.

25. Due to the following reasons, the City cannot immediately comply with the chloride effluent and groundwater limitations prescribed in this Order: ( 1) elevated chloride concentrations in the influent, (2) the wastewater treatment process not currently designed to remove chloride out of the waste stream, and (3) time needed to construct recycled water pipelines to deliver recycled water to users. In addition, the current progress of the City's SRWS Buyback Program does not reliably ensure that the SPWRF will comply with the chloride effluent and groundwater limitations. Therefore, the Regional Board has determined that issuance of an accompanying COO is appropriate and necessary to put the City on the path towards compliance with the effluent and groundwater limitations for chloride set forth in this Order.

The COO requires the City to comply with interim chloride effluent and groundwater limitations and implement actions pursuant to a prescribed time schedule. The COO provides an option for the City to consider an alternative approach including a request to the Regional Board to consider a Basin Plan amendment for revision of the GQO based on studies on chloride and salt-sensitive agriculture and after formation of a stakeholder working group.

By the end of the COO schedule, there will be permitted degradation of groundwater with respect to chloride within a limited mixing zone radius downgradient and adjacent to the SPWRF percolation ponds, measured from the boundaries of the percolation pond to 150 feet. This distance is the shortest distance where SPWRF effluent disposed to the percolation pond can mix with groundwater and result in receiving water chloride concentrations of 11 O mg/L or less. Groundwater within the 150-foot mixing zone will exceed the chloride GQO of 11 O mg/L. Based on the available data, there are no water supply wells within the 150-foot mixing zone. The City can arrange for alternative water supplies for any well owners in the mixing zone, if any are discovered.

GLOBAL WARMING AND CLIMATE CHANGE

26. The observed century-scale rise in the average temperature of the Earth's surface, oceans, and atmosphere, commonly recognized as the Global Warming, has resulted in extreme climate change, such as the extreme drought and extremely heavy rainfall. In Southern California, the predicted impacts of climate change are numerous. Annual average temperatures are expected to increase, coupled with a higher frequency of extreme heat days. A likely consequence of this warmer climate will be more severe drought periods, leading to an increase in the amount and intensity of fires and a longer fire season. In addition, precipitation patterns are likely to be modified. A decrease in snowfall, combined with warmer temperatures, will induce a decrease in the amount and duration of snowpack, an essential source of freshwater to the region. The increasing occurrence of extreme precipitation events will amplify the risk of flooding, which recently happened in Southern California.

These impacts will affect water quality in multiple ways, including changes in stream flow, aquatic habitats. surface water temperature, pollutant levels. sedimentation, algal growth, and salinity levels and acidification in coastal areas. For permitted facilities such as 12 579
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2016-0022
File No. 06-169
Publically Owned Treatment Works (POTWs), specific impacts could include, but are not limited to, an increase in the concentration of pollutants entering the facility, an increase in the temperature of effluents and receiving waters, an increase in storm water inflow and infiltration, increase in flooding/inundation of facilities, sewer overflows, power outages, pump maintenance issues, and onsite or nearby hillside destabilization.

Executive Order B-30-15, issued on Apri l 29, 2015, recognizing the challenges posed by climate change, directed state agencies to take climate change into account in their planning decisions, guided by the following principles: Priority should be given to actions that both build climate preparedness and reduce greenhouse gas emissions; where possible, flexible and adaptive approaches should be taken to prepare for uncertain climate impacts; actions should protect the state's most vulnerable populations; and natural infrastructure solutions should be prioritized.

This Order contains provisions to require planning and actions to address climate-related impacts that can cause or contribute to violations of this Order and/or degradation of waters of the state.

27. The SPWRF was designed to include protection from a 100-year storm event in the Santa Clara River. The SPWRF buildings and percolation ponds are located behind a dike that has an elevation above the elevation anticipated as the result of a 100-year storm event.

The design documents and potential flood flow assessment is contained in files in the City's Building & Safety Department. The elevation of the dike at the SPWRF is 23 feet higher than the Santa Clara River located at approximately 1,300 feet southeast. This elevation separation provides additional protection from a possible flood overflow from the Santa Clara River caused by the climate change. It should also be noted that the SPWRF is located outside of the Santa Clara River floodway defined by the Federal Emergency Management Agency and the Ventura County Watershed Protection District. Lastly, the SPWRF is equipped with a backup generator that is capable of operating the SPWRF through power outages and other emergencies.

Climate change may also increase drought and related impacts such as reduced potable water supply and/or changing water supplies, which may be of less quality.

APPLICABLE LAWS, PLANS, POLICIES, AND REGULATIONS

28. This Order serves as WDRs pursuant to Division 7, Chapter 4, Article 4 of the California Water Code (commencing with section 13260). WDRs have been established because discharges from the SPWRF have the potential to affect the quality of the waters of the State, to impact the beneficial uses of those waters, and/or to cause a nuisance. The Regional Board developed the requirements of this Order based on information submitted as part of the application, through monitoring and reporting programs, and other available information.

29. Water Quality Control Plan for the Los Angeles Region: Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (Basin Plan) - On June 13, 1994, the Regional Board adopted a comprehensive revision to the Basin Plan. The Basin Plan: (i) designates beneficial uses for surface and groundwater, (ii) establishes narrative and numeric water quality objectives that must be attained or maintained to protect the designated beneficial uses, and (iii) sets forth implementation programs to achieve those objectives for all waters addressed through the Basin Plan. The Basin Plan also incorporates State Water Board Resolution No. 68-1 6 (see finding below for detail). In addition, the Basin Plan 13 580
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2016-0022
File No. 06-169
incorporates applicable State and Regional Board plans and policies and other pertinent water quality policies and regulations. The Basin Plan has been amended occasionally since 1994, including recent administrative updates. The requirements in this Order implement the Basin Plan.

30. Beneficial Uses - The SPWRF overlies the Santa Clara-Santa Paula Groundwater Basin (DWR Basin No. 4-4). The Basin Plan identifies beneficial uses for regional waters, including those based on State Water Board Resolution No. 88-63 ("Sources of Drinking Water Policy"), which established state policy that all surface and ground waters of the State, with certain exceptions, are considered suitable or potentially suitable for municipal or domestic water supply. Beneficial uses applicable to the receiving groundwater are as follows:

Table 7 - Basin Plan Beneficial Uses of Groundwater
Receiving Water Beneficial Use(s)
Santa Clara-Santa Paula Existing:

Groundwater (OWR Basin No. Municipal and domestic supply (MUN); industrial service 4-4) supply (IND), industrial process supply (PROC), and agricultural supply (AGR).
31 . Title 22, California Code of Regulations (CCR) - To protect sources of drinking water, the Basin Plan (Chapter 3) incorporates the primary and secondary maximum contaminant levels (MCLs) for inorganic, organic, and radioactive contaminants in drinking water as water quality objectives. These MCLs are codified in CCR, Title 22, Division 4. This incorporation by reference is prospective including future changes to the incorporated provisions as the changes take effect. The primary MCLs (see Attachments A-1 to A-6) are applicable water quality objectives for a receiving water to protect beneficial uses when that receiving water is designated as municipal and domestic supply. The Basin Plan also specifies that "Ground waters shall not contain taste or odor-producing substances in concentrations that cause nuisance or adversely affect beneficial uses." Therefore, the secondary MCLs, which are limits based on aesthetic, organoleptic standards, are applicable water quality objectives for a receiving water to protect beneficial uses when that receiving water is designated as municipal and domestic supply. These water quality objectives are implemented in this Order to protect the designated beneficial uses.

32. Domestic Water Quality - In compliance with California Water Code section 106.3, it is the policy of the State of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This Order promotes that policy by requiring discharges to meet MCLs implemented by the Basin Plan that are designed to protect human health and ensure that water is safe for domestic use.

33. Impaired Water Bodies on Clean Water Act Section 303(d) List/Total Maximum Daily Loads (TMDLs) - The Santa Clara River is listed on the Clean Water Act Section 303(d) List as impaired by ammonia in Reach 3 and by nitrate plus nitrite in Reach 7. To address this impairment, the Regional Board established the Santa Clara River Nitrogen Compounds TMDL on August 7, 2003 by Regional Board Resolution No. 2003-011 . The State Water Board approved the TMDL on November 19, 2003 (Resolution No. 2003-0073) and OAL approved it on February 27, 2004. The TMDL became effective upon approval of the U.S.

Environmental Protection Agency on March 18, 2004. Concentration-based loads for 14 581
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
nitrogen compounds are allocated for nonpoint sources. The Discharger is subject to the following assigned load allocation for nonpoint sources:

Table 8 - Nonpoint Source Load Allocation for Santa Clara River Nitrogen Compounds TMDL
Combined Ammonia, Nitrate, Nitrite (NH3-N + N02-N + N03-N) Monthly Average: 10 mg/L Loads as Nitrogen

34. California Water Code section 13263 requires that the Regional Board, when prescribing waste discharge requirements, take into consideration the factors in section 13241 . The Regional Board has considered those factors in establishing the WDRs in this Order.

35. State Water Board Resolution No. 68-16, Antidegradation Policy - State Water Board Resolution No. 68-16 "Statement of Policy with Respect to Maintaining High Quality of Waters in California" (also called the "Antidegradation Policy") requires the Regional Board, in regulating the discharges of waste, to maintain high quality waters of the state unless it is demonstrated that any change in quality is consistent with maximum benefit to the people of the State, will not unreasonably affect beneficial uses, and will not result in water quality less than that described in the State Water Board's policies (e.g., quality that exceeds water quality objectives). Further, any activity that produces waste must meet waste discharge requirements that will result in the best practicable treatment or control (BPTC) of the discharge necessary to assure that (a) pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the State will be maintained.

Excepting chloride (discussed below), the SPWRF's discharge is high quality, tertiarytreated effluent meeting groundwater quality objectives in the Basin Plan and MCLs for drinking water. The Regional Board finds that the discharge, as allowed in this Order, is consistent with Resolution No. 68-16 since this Order: (1) requires compliance with the requirements set forth in this Order, including the use of best practicable treatment and control of the discharges, (2) requires implementation of a Monitoring and Reporting Program (MRP); and (3) requires that the discharges comply with effluent limits to meet water quality objectives. This Order establishes limitations and requirements that will not unreasonably threaten present and anticipated beneficial uses or result in receiving ground water quality that exceeds water quality objectives set forth in the Basin Plan. This means that where the stringency of the limitations for the same waste constituent differs according to beneficial use, the most stringent limit applies as the governing limitation for that waste constituent, unless otherwise justified. This Order contains tasks for assuring that BPTC and the highest water quality consistent with the maximum benefit to the people of the State wi ll be achieved.

The discharge of chloride authorized by this Order will cause some limited and localized groundwater degradation in the immediate vicinity of the SPWRF percolation ponds.

Untreated discharges of chloride over the last 1 O years have resulted in elevated concentrations of chloride in the effluent and groundwater. The groundwater quality objective for chloride is 110 mg/L and the average effluent chloride concentration in 2016 was 137 mg/L. To comply with the chloride groundwater limitations in this Order, which are based on the chloride groundwater quality objective, the City intends to implement recycled water projects to reduce flow to the percolation pond, and thus reduce the mass loading of chloride to the groundwater. This will greatly shrink the area of influence of the wastewater and largely restore the impaired groundwater zone adjacent and downgradient to the 15 582
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
percolation pond. However, implementation of recycled water projects in the Santa Paula area will take time to fully implement, which will result in continued localized degradation.

While groundwater within the 150-foot mixing zone adjacent to the percolation ponds will exceed the chloride groundwater quality objective, this Order imposes limits on flow and chloride mass loading in the effluent to ensure receiving groundwater beneficial uses will be maintained and supported. Beneficial uses will be maintained as all wells utilized for crop irrigation will be located outside the mixing zone.

In order to more immediately reduce the chloride concentration in the effluent and groundwater to 110 mg/L at the percolation pond, the City would need to install a Reverse Osmosis (RO) system to treat all or a portion of the effluent. The Regional Board recognizes that reducing chloride concentrations in the effluent or in the groundwater by using RO can be costly. The current estimated cost for the City to install a RO system is $26.6 million with annual operating and maintenance costs of $1.6 million, including brine waste disposal.

These costs would be passed on to the ratepayers, who already pay one of the highest sewer rates in the State. The City is also a small low-income community. The costs of RO treatment depends on the volume of effluent or groundwater to be treated in order to meet the groundwater quality objectives specified in the Basin Plan. Therefore, rather than install costly RO at this time, the requirements in this Order provide the City with the opportunity to first pursue recycling efforts and source reduction through the SRWS Buyback Program to meet groundwater quality objectives. If these efforts are deemed unsuccessful, the City may need to implement RO technology as an additional treatment mechanism in the future.

Other basin-specific solutions can also be explored to minimize costs while restoring protection of beneficial uses.

Reference is also made to the Regional Board's past efforts to address chronic chloride exceedances in the Upper Santa Clara River, which utilized findings from studies on chloride and salt-sensitive agriculture. The first of the special studies, entitled "Literature Review and Evaluation (LRE)," was an evaluation of the appropriate chloride threshold for the reasonable protection of salt-sensitive agriculture. The LRE, which was completed in 2005, found that the best estimate of a chloride hazard concentration for avocado crops falls within the range of 100 to 117 mg/L. An independent technical advisory panel (TAP) reviewed the LRE and found a similar protective range of 100 to 117 mg/L. The TAP found that the upper end of the range is only protective if other factors such as quantity and timing of irrigation water and soil drainage are not limiting. An additional study completed in 2008, entitled "Compliance Averaging Period for Chloride Threshold Guidelines in Avocado," found that a 3-month averaging period of the LRE guidelines would be protective of avocados. The TAP co-chairs reviewed this study and agreed that a 3-month averaging period is appropriate.

The Regional Board considered the LRE and TAP review of the LRE when developing sitespecific water quality objectives (SSOs) for certain reaches of the Upper Santa Clara River to support the Alternative Water Resources Management (AWRM) approach proposed by the Santa Clarita Valley Sanitation District (SCVSD). The Regional Board found that the SSOs were consistent with antidegradation requirements, and subsequently established the SSOs on December 11 , 2008 via Resolution No. R08-012. The Regional Board rescinded the SSOs in 2014 via Resolution R 14-010 only after SCVSD decided to no longer pursue the AWRM approach.

Incorporating an approach that utilizes a recycled water approach and has limited groundwater degradation within the immediate vicinity of the percolation pond for chloride at levels that are above the groundwater quality objective is justified considering the socioeconomic conditions of this small community that already has one of the highest sewage 16 583
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-201 B-0022
File No. 06-189
rates in the state, and is consistent with State Water Board Resolution No. 68-16 in that the resulting water quality constitutes the highest water quality that is reasonable, considering all demands placed on the waters, economic and social considerations, and other public interest factors. Together, these factors are consistent with the maximum benefit to the people of the State.

36. California Water Code section 13267 authorizes the Regional Board to require the City to submit monitoring and technical reports as necessary to investigate the impact of a waste discharge on waters of the state. The monitoring and reporting requirements established in this Order are necessary to characterize the discharge, evaluate compliance with this Order, and evaluate groundwater quality and the extent of degradation, if any, caused by the discharge.

37. Publicly Owned Treatment Works (POTW) - The term POTW means a treatment works as defined by section 212 of the federal Clean Water Act, which is owned by a State or municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment facility. The term also means the municipality as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. (40 C.F.R. section 403.3(q)). The SPWRF meets all of the above criteria and therefore is considered a POTW.

38. Pretreatment - The City is required to implement a Pretreatment Program and to comply with requirements for operation and maintenance of its sewer collection system. Pursuant to CCR, Title 23, section 2233 and Title 40, Code of Federal Regulations (C.F.R.), Part 403, the City has been implementing an approved industrial wastewater Pretreatment Program for the SPWRF since February 2012. The Regional Board finds it appropriate to require the City to continue to implement its approved Pretreatment Program.

39. Endangered Species Act Requirements - This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code, §§ 2050 to 2097) or the Federal Endangered Species Act (16 U.S.C. §§ 1531 to 1544). This Order requires compliance with effluent limits, groundwater quality objectives, and other requirements to protect the beneficial uses of waters of the state. The Discharger is responsible for meeting all requirements of the applicable Endangered Species Act.

40. California Environmental Quality Act - This Order involves the renewal of WDRs for an existing facility. Therefore, this action to prescribe WDRs is exempt from the provisions of CEQA (Public Resources Code section 21000 et seq.) in accordance with California Code of Regulations, Title 14, section 15301.

NOTIFICATION
41 . The Reg ion al Board has notified the Discharger and interested agencies and persons of its intent to prescribe WDRs for the discharge and has provided them with an opportunity to submit their written comments and recommendations.
17 584
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189

42. The Regional Board, in a public meeting, heard and considered all comments pertaining to the discharge.

43. Any person aggrieved by this action of the Regional Board may petition the State Water Board to review the action in accordance with California Water Code section 13320 and California Code of Regulations, title 23, section 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the Regional Board's action, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions will be provided upon request or may be found on the Internet at:
http://www.waterboards.ca.gov/public notices/petitions/water quality IT IS HEREBY ORDERED that, in order to meet the provisions contained in Division 7 of the California Water Code (commencing with section 13000) and regulations adopted thereunder, the City of Santa Paula shall comply with the following requirements, including all attachments, in all operations and activities at the SPWRF:

I. INFLUENT LIMITATIONS AND REQUIREMENTS
Influent wastewater shall be limited to wastewater generated within the jurisdiction of the City.

II. EFFLUENT LIMITATIONS
A. Discharges from the SPWRF shall not exceed the maximum effluent volume of 4.2 MGD and the quarterly average effluent volume of 2.6 MGD.

B. Tertiary-treated effluent shall not exceed the effluent limits in Table 9 below.

Table 9 - Effluent Limits
Constituents Units Monthly Average Daily Maximum
Oil and grease mg/L 10111 15111
Total suspended solids mg/L 10111 15111
% removal ~ 85121 ---
BODS@20°c mg/L 10llJ 15111
% removal ~ 85121 ---
Ammonia-N + Nitrate-N + Nitrite-N mg/L 10131 --
Nitrite-N mg/L 1
Total Dissolved Solids mg/L 2,000141 ---
Sulfate mg/L 800141 ---
Boron mg/L 1.0141 ---
Chloride lbs/day 791s1 ---
Table Notes:
[1] Limit is based on best professional judgment. Limits adopted by this Regional Board exist 18 585
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
in the permits for tertiary-treated wastewater treatment plants. [2] Limit is based on secondary treatment requirements, 40 C.F.R. section 133.102. [3] Limit is based on the Load Allocations for nonpoint sources set forth in the Santa Clara River Nitrogen Compounds TMDL, Resolution No. 2003-011 . [4] Limit based on Basin Plan Groundwater Quality Objective. (5] This mass-based effluent limit is derived from the City's Chloride Model and Chloride Load Reduction Milestones, which is based on an allowable flow to the percolation pond of 0.07 MGD and chloride effluent concentration at 135 mg/L in order to meet the chloride groundwater quality objective of 110 mg/Lat 150 feet from the percolation pond.

C. The pH of effluent discharged shall at all times be within the range of 6.5 to 8.5.

Excursion from this range shall not be considered a violation provided the duration is not more than 1 O minutes in a 24-hour period, and pH shall at all times be within 6 to

9. D. Effluent shall, at all times, be adequately disinfected and oxidized and shall meet the following effluent limitations:

1. the median concentration of total coliform bacteria shall not exceed a most probable number (MPN) of 23 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed; and

2. the number of total coliform bacteria shall not exceed an MPN of 240 per 100 milliliters in more than one sample in any 30 day period.

Samples shall be collected at a time when wastewater flow and characteristics are most demanding (e.g., during peak flows) on treatment facilities and disinfection processes.

E. A filtered wastewater shall be an oxidized wastewater that has been passed through a membrane so that the turbidity of the filtered wastewater does not exceed any of the following:

1. An average of 2 Nephelometric Turbidity Units (NTU) within a 24-hour period;

2. 5 NTU more than 5 percent of the time within a 24-hour period; and

3. 10 NTU at any time.

F. Maximum Contaminant Levels: The effluent shall not contain trace, toxic and other constituents in concentrations that exceed the applicable maximum contaminant levels for drinking water established by the State Water Board's Division of Drinking Water (DOW) in sections 64431, 64442, 64443, 64444, 64449, and 64533 of CCR, Title 22, Division 4, or subsequent revisions, or at levels that adversely affect the beneficial uses of receiving groundwater. The effluent shall, at all times, not exceed the following MCLs (Attachment A). In the event of a violation of any primary or secondary MCL, the City shall notify and submit a report in accordance with Provision Vl.F. of this Order.
19 586
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4·2018-0022
File No. 06-189

1. Primary MC Ls specified in CCR, Title 22, Division 4, Chapter 15 (Domestic Water Quality and Monitoring Regulations):
i. Inorganic chemicals in CCR, Title 22, Division 4, Chapter 15, Section 64431 , Table 64431-A, except for nitrogen compounds (Attachment A-1 of this Order);
ii.. Radionuclides in CCR, Title 22, Division 4, Chapter 15, Section 64442, Table 64442 (Attachment A-2 of this Order) and Section 64443, Table 64443 (Attachment A-3 of this Order); and
iii. Organic chemicals in CCR, Title 22, Division 4, Chapter 15, Section 64444, Table 64444-A (Attachment A-4 of this Order).

2. Secondary MCLs specified in CCR, Title 22, Division 4, Chapter 15 (Domestic Water Quality and Monitoring Regulations), Section 64449, Table 64449-A (Attachment A-5 of this Order).

3. Primary MCLs for disinfection byproducts specified in CCR, Title 22, Division 4, Chapter 15.5 (Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors) Article 2, Section 64533, Table 64533-A (Attachment A6 of this Order). 11 1. GROUNDWATER LIMITATIONS
A. The City is prohibited from negatively altering the quality or elevation of the underlying groundwater.

B. The discharge of treated wastewater from the SPWRF shall not cause an exceedance of the following groundwater limitations in Table 10 below. Except for chloride, compliance with the groundwater limitations will be determined by the groundwater samples collected from monitoring wells located within or on the boundary of the percolation pond. Compliance with the chloride groundwater limitation will be determined by the groundwater samples collected from monitoring wells located 150 feet away from the percolation pond. The specific monitoring well locations will be determined through the Monitoring and Reporting Program (MRP) (Attachment E). Per Section IV.C.3 of the MRP, the City is required to submit a work plan proposing a modified groundwater monitoring network by May 1, 2018.

Table 10 - Groundwater Limitations
Constituents Units Monthly Average
Nitrate-N + Nitrite-N mg/L 10111
Nitrite-N mg/L 1I1[
Total Dissolved Solids mg/L 2,000111
Sulfate mg/L 8001']
Chloride mg/L 11 OllJ
Boron mg/L 1.01'1
20 587
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Table 10 - Groundwater Limitations
Constituents Units Monthly Average
Total coliform MPN/100ml 1.1111
Fecal coliform MPN/100ml 1.1Pl
Table Note:
(1] Limit based on Basin Plan Groundwater Quality Objective.

C. Groundwater shall not exceed the MCLs specified in Attachments A-1 to A-6.

E. The minimum vertical separation between the bottom of the percolation pond and groundwater table shall be five feet.

IV. GENERAL REQUIREMENTS
A. The SPWRF and areas where any potential pollutants are stored shall be adequately protected from inundation and damage by storm flows and runoff.

B. Adequate facilities shall be provided to protect the SPWRF, treatment system devices, sewer collection system and recycling/disposal faci lities from damage by storm flows and run-off or run-on generated by a 100-year return storm/24 hour duration.

C. The SPWRF and the collection system that is a part of the treatment and disposal system shall be maintained in such a manner that prevents sewage from surfacing or overflowing at any location.

D. A minimum of two feet of freeboard shall be maintained in the percolation/evaporation ponds at all time to ensure that direct rainfall will not cause overtopping.

E. No disposal areas with treated wastewater shall be located within 600 feet of any domestic water supply well unless all of the following conditions have been met:

1. A geological investigation demonstrates that an aquitard exists at the well between the uppermost aquifer being drawn from and the ground surface;

2. The well contains an annular seal that extends from the surface into the aquitard;

3. The well is housed to prevent any treated wastewater spray from coming into contact with the wellhead facilities;

4. The ground surface immediately around the wellhead is contoured to allow surface water to drain away from the well; and

5. The owner of the well approves of the elimination of the buffer zone requirement.

F. There shall be no storage or impoundment of treated wastewater within 600 feet of any domestic water supply well.
21 588
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
G. No disposal of sludge, waste, and treated wastewater shall take place within 600 feet of any reservoir or stream used as a source of domestic water.

H. Any wastes that do not meet the foregoing requirements shall be held in impervious containers and discharged at a legal point of disposal.

I. Percolation ponds shall be maintained to ensure that percolation rate at the pond bottom shall not decrease over time.

J. The Discharger shall notify well owners within 500 feet radius from the boundary of percolation ponds when there is any exceedance on the effluent limitations and/or groundwater limitations.

V. PROHIBITIONS
A. Any discharge of wastewater from the SPWRF (including the wastewater collection system) at any point other than specifically described in this Order is prohibited.

B. There shall be no waste overflows or discharge of untreated or partially-treated waste from the SPWRF's treatment, storage or disposal facilities to adjacent drainage or water ways, adjacent properties, or to waters of the State at any time. The discharge of any wastewater to surface waters or surface water drainage courses is prohibited without a NPDES permit.

C. Industrial wastewater subject to the Prohibited Discharge Standards in 40 C.F.R. section 403.5 shall not be accepted by the SPWRF.
0 . Wastes discharged shall not contain tastes, odors, color, foaming, any materials, or other objectionable characteristics in concentrations that would:

1. Affect human, animal, or plant life;

2. Cause nuisance or adversely affect any beneficial uses and quality of the receiving groundwater; and

3. Impact the Santa Clara River that may be in hydraulic connection with groundwater.

E. Odors originating at the SPWRF, including of sewage origin, shall not be perceivable any time outside the boundary of the SPWRF property owned by the City.

F. The percolation pond shall not contain floating materials, including solids, foams, or scum in concentrations that cause nuisance, adversely affect beneficial uses, or serve as a substrate for undesirable bacterial or algae growth or insect vectors. The wastewater treatment shall not result in nuisance conditions caused by breeding of mosquitoes, gnats, midges, or other pests.

G. Discharge of waste classified as "hazardous waste," as defined in CCR, Title 23, section 2521 (a), is prohibited. Discharge of waste classified as "designated waste," as defined in California Water Code section 13173, in a manner that causes violation of receiving water limits is prohibited.
22 589
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-201B-0022
File No. 06-189
H. The percolation/evaporation ponds, drying beds, and the berms surrounding the ponds shall not contain plants, shrubs, or bushes that may damage the berms and the ponds.

I. The percolation pond shall not be altered without the approval by the Regional Board.

J. There shall be no onsite disposal of sludge. Sludge-drying activities are allowed, but only as an intermediate treatment prior to offsite disposal. Any offsite disposal of wastewater or sludge shall be made only to a legal point of disposal. For purposes of this Order, a legal disposal site is one for which requirements have been established by USEPA, and which is in full compliance therewith. Any wastewater or sludge handling shall be in such a manner as to prevent its reaching surface waters or watercourses.

K. Bypass (the intentional diversion of waste streams from any portion of the SPWRF) is prohibited. The Regional Board may take enforcement action against the City for bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. "Severe property damage" means substantial physical damage to property, damage to the SPWRF that cause it to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass.

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance.

3. Notice
i. Anticipated bypass: If the City knows in advance of the need for a bypass, it shall submit written notice to the Regional Board, if possible at least 1 O days before the date of the bypass.
ii. Unanticipated bypass: The City shall provide verbal notice to the Regional Board Executive Officer of an unanticipated bypass within 24 hours from the time the City becomes aware of the circumstances. A written submission shall also be provided within five (5) days of the time the City becomes aware of the circumstances.

VI. PROVISIONS
A. This Order includes "Attachment B - Standard Provisions Applicable to Waste Discharge Requirements" (Standard Provisions). If there is any conflict between provisions stated herein and the Standard Provisions, the provisions stated herein prevail.
23 590
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
8 . The City shall operate and maintain facilities, treatment operations, associated collection systems and outfalls in ways that preclude adverse impacts to surface or groundwater from impacts predicted to occur due to climate change.

C. The City shall submit a Climate Change Effects Vulnerability Assessment and Management Plan (Climate Change Plan) no later than 12 months after adoption of this Order. Submittal of the Climate Change Plan is required pursuant to California Water Code section 13267. As required by this provision, a regional board may require a person to submit technical or monitoring program reports that the regional board requires. The Climate Change Plan is needed in order to assess and manage climate change related-effects associated with City operations that may affect water quality.

The Climate Change Plan shall include an assessment of short and long term vulnerabilities of the facility(ies) and operations as well as plans to address vulnerabilities of collection systems, facilities, treatment systems, and outfalls for predicted impacts in order to ensure that facility operations are not disrupted, compliance with permit conditions is achieved, and receiving waters are not adversely impacted by discharges. Control measures shall include, but are not limited to, emergency procedures, contingency plans, alarm/notification systems, training , backup power and equipment, and the need for planned mitigations to ameliorate climate-induced impacts including, but not limited to, changing influent and receiving water quality and conditions, as well as the impact of rising sea level (where applicable) storm surges and back-to-back severe storms that are expected to become more frequent.

D. The City shall comply with MRP No. Cl-9259 (Attachment E), which is part of this Order, and any revisions thereto as ordered by the Executive Officer. The submittal dates of Discharger self-monitoring reports shall be no later than the submittal date specified in the MRP. If there is any conflict between the provisions stated herein and the MRP, the provisions stated herein prevail.

E. The City shall file with the Regional Board, under penalty of perjury, annual and quarterly reports on self-monitoring work performed according to the detailed specifications contained in the MRP attached hereto and incorporated herein by reference, as directed by the Executive Officer. The results of any monitoring done in addition to what is required or done more frequently than required at the location and/or times specified in the MRP shall be reported to the Regional Board. The City shall comply with all of the provisions and requirements of the MRP.

F. The City shall notify this Regional Board by telephone or electronic means within 24 hours of knowledge of any discharge exceeding the effluent limits prescribed in this Order from the SPWRF; written confirmation shall follow within 5 working days from date of notification, unless otherwise specified in this Order. The report shall include, but is not limited to, the following information, as appropriate:

1. Nature and extent of the violation;

2. Date and time when the violation started, when compliance was achieved, and when injection was suspended and restored , as applicable;

3. Duration of violation;
24 591
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-1 89

4. Cause(s) of violation;

5. Corrective and/or remedial actions taken and/or will be taken with a time schedule for implementation to prevent future violations; and

6. Impact of the violation.

G. This Order does not exempt the City from compliance with any other laws, regulations, or ordinances that may be applicable; they do not legalize the recycling and use facilities; and they leave unaffected any further constraint on the use of recycled water at certain site(s) that may be contained in other statutes or required by other agencies.

H. This Order does not alleviate the responsibility of the City to obtain other necessary local, state, and federal permits to construct facilities necessary for compliance with this Order; nor does this Order prevent imposition of additional standards, requirements, or conditions by any other regulatory agency. Expansion of the recycled water distribution facility shall be contingent upon issuance of all necessary requirements and permits, including a conditional use permit.

I. After notice and opportunity for a hearing, this Order may be modified, revoked and reissued, or terminated for cause, that includes, but is not limited to: failure to comply with any condition in this Order, endangerment of human health, adverse impacts on water quality and/or beneficial uses of the receiving water resulting from the permitted activities in this Order, obtaining this Order by misrepresentation or failure to disclose all relevant facts, and acquisition of new information that could have justified the application of different conditions if known at the time of Order adoption.

The filing of a request by the City for modification, revocation and reissuance, or termination of this Order; or a notification of planned changes or anticipated noncompliance does not stay any condition of this Order.

J. The City shall furnish, within a reasonable time, any information that the Regional Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The City shall also provide the Regional Board, upon request, with copies of records required to be kept under this Order for at least three (3) years.

K. Spill Clean-Up Contingency Plan (SCCP) Requirements - The City is required to periodically submit an updated and revised SCCP, which describes the activities and protocols to address clean-up of spills, overflows, and bypasses of untreated or partially treated wastewater from the City's collection system or treatment facilities. At a minimum, this SCCP shall include sections on spill clean-up and containment measures, public notification, and monitoring. The City shall review and amend this SCCP as appropriate after each spill from the SPWRF or in the service area of the SPWRF. The City shall include a discussion in the annual summary report of any modifications to the SCCP and the application of the SCCP to all spills during the year.

L. Construction, Operation, and Maintenance Requirements

1. The City shall, at all times, properly operate and maintain the SPWRF, including its wastewater collection, treatment, and disposal facilities (and related 25 592
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
appurtenances) to ensure compliance with this Order, as well as provide adequate and reliable transport, treatment, and disposal of all wastewater from planned future wastewater sources under the City's responsibilities. Proper operation and maintenance includes, but is not limited to: effective performance, repairs and upgrades when needed, adequate funding, adequate operator staffing and training, adequate operator supervision, and adequate laboratory and process controls (including appropriate quality assurance/quality control procedures).

2. The SPWRF shall be supervised and operated by persons possessing certificates of appropriate grade in accordance with CCR, Title 23, Division 3, Chapter 26 and California Water Code sections 13625 - 13633.

3. The SPWRF shall be operated and maintained in accordance with the operation and maintenance manual prepared by the municipality through the Clean Water Grant Program. The City's Operation, Maintenance, and Monitoring Plan (OMM Plan) shall be available for reference and use by all applicable personnel. The City shall maintain, regularly review, and revise or update as necessary the OMM Plan in order for the document(s) to remain useful and relevant to current equipment and operation practices. Reviews shall be conducted annually, and revisions or updates shall be completed as necessary and submitted to the Regional Board on an annual basis.

4. The City shall maintain in good working order a sufficient alternate power source for operating the wastewater treatment and disposal facilities. All equipment shall be located to minimize failure due to moisture, liquid spray, flooding , and other physical phenomena. The alternate power source shall be designed to permit inspection and maintenance and shall provide for periodic testing. If such alternate power source is not in existence, the City shall halt, reduce, or otherwise control all discharges upon the reduction, loss, or failure of the primary source of power.

5. The City shall provide standby or emergency power facilities and/or sufficient storage capacity or other means so that in the event of plant upset, outage due to power failure or other cause, or heavy rainfall, discharge of raw or inadequately treated sewage does not occur and infiltration ponds do not exceed their hydraulic capacity.

M. Sludge Disposal Requirements

1. All sludge generated at the wastewater treatment plant shall be disposed of. treated , or applied to land in accordance with federal regulations contained in 40 C. F. R. Part 503. These requirements are enforceable by USEPA.

2. The City sl1all comply with requirements in State Water Board Order No. 2004- 10-DWQ, "General Waste Discharge Requirements for the Discharge of Biosolicls to Lane/ for Use as a Soil Amendment in Agricultural, Silvicultural, Horticultural ancl Lane/ Reclamation Activities" for those sites receiving the City's biosolids that a regional water board has placed under this general order, and with the requirements in individual waste discharge requirements issued by a regional water board for sites receiving the City's biosolids. 26 593
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189

3. The City shall comply, if applicable, with WDRs issued by other regional water boards to which jurisdiction the biosolids are transported and applied.

4. The City shall provide this Regional Board with a copy of any report(s) submitted to USEPA, the State Water Board, or other regional water boards, with respect to municipal sludge or biosolids.

N. Collection System Requirements
The State Water Board adopted General WDRs for Sanitary Sewer Systems (Order No. 2006-0003-DWQ) on May 2, 2006, to provide a consistent and statewide approach to regulating sanitary sewer systems to prevent and/or reduce sanitary sewer overflows (SSOs). Order No. 2006-0003-DWQ requires public agencies that own or operate sanitary sewer systems to develop and implement sewer system management plans and report all SSOs to the State Water Board's online SSO database. The City's collection system is part of the system that is subject to Order No. 2006-0003-0WQ.

The City enrolled in Order No. 2006-0003-DWQ on July 27, 2006. As such, the City must properly operate and maintain its collection system. The City must also report any non-compliance and mitigate any discharge from the collection system in violation of this Order.
0 . Spill Reporting Requirements

1. Initial Notification -Although State and Regional Board staff do not have duties as first responders, this requirement is an appropriate mechanism to ensure that the agencies that do have first responder duties are notified in a timely manner in order to protect public health and beneficial uses. For certain spills, overflows and bypasses, the City shall make notifications as required below:
i. In accordance with the requirements of Health and Safety Code section 5411.5, the City shall provide notification to the local health officer or the director of environmental health with jurisdiction over the affected water body of any unauthorized release of sewage or other waste that causes, or probably wi ll cause, a discharge to any waters of the state as soon as possible, but no later than two (2) hours after becoming aware of the release.
ii. In accordance with the requirements of California Water Code section 13271 , the City shall provide notification to the California Emergency Management Agency (Cal EMA) of the release of reportable quantities of hazardous substances or sewage that causes, or probably will cause, a discharge to any waters of the state as soon as possible, but not later than two (2) hours after becoming aware of the release. CCR, Title 23, section 2250 establishes 1,000 gallons or more as a reportable quantity of sewage.

The phone number for reporting these releases to the Cal EMA is (800) 852-7550.
iii. The City shall notify the Regional Board of any unauthorized release of sewage from the SPWRF that causes, or probably will cause, a discharge to a water of the state as soon as possible, but not later than two (2) hours after becoming aware of the release. This initial notification does not need 27 594
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
to be made if the City has notified Cal EMA and the local health officer or the director of environmental health with jurisdiction over the affected waterbody. The phone number for reporting these releases of sewage to the Regional Board is (213) 576-6683. The phone numbers for after hours and weekend reporting of releases of sewage to the Regional Board are (213) 305-2284 and (213) 305-2253.

At a minimum, the following information shall be provided to the Regional Board:
a. The location, date, and time of the release;
b. The water body that may be impacted by the discharge; c. An estimate of the amount of sewage or other waste released and the amount that reached the receiving water at the time of notification; d. If ongoing, the estimated flow rate of the release at the time of the notification;
e. The name, organization, phone number, and email address of the reporting representative; and
f. A certification that the State Office of Emergency Services and the local health officer or directors of environmental health with jurisdiction over the possibly affected water bodies have been notified of the discharge.

2. Monitoring - For spills, overflows and bypasses reported under Section Vl.0.1., the City shall monitor as required below:

To define the geographical extent of the spill's impact, the City shall obtain grab samples (if feasible, accessible, and safe) for all spills, overflows or bypasses of any volume that reach any waters of the State (including surface and ground waters). The City shall analyze the samples for total and fecal coliforms, E. coli (if fecal coliform test shows positive), enterococcus, and relevant pollutants of concern, upstream and downstream of the point of entry of the spill (if feasible, accessible and safe). This monitoring shall be done on a daily basis from the time the spill is known until the results of two (2) consecutive sets of bacteriological monitoring indicate the return to the background level or the County Department of Public Health authorizes cessation of monitoring.

3. Reporting - The initial notification required under Section Vl.0 .1. shall be followed by:
i. As soon as possible, but not later than twenty-four (24) hours after becoming aware of an unauthorized discharge of sewage or other waste from its wastewater treatment plant to a water of the state, the City shall submit a statement to the Regional Board via email. If the discharge is 1,000 gallons or more, this statement shall certify that Cal EMA has been notified of the discharge in accordance with California Water Code section 28 595
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-169
13271. The statement shall also certify that the local health officer or director of environmental health with jurisdiction over the affected water bodies has been notified of the discharge in accordance with Health and Safety Code section 5411 . 5. The statement shall also include at a minimum the following information:
a. Agency, Order No., and MRP Cl No.;
b. The location, date, and time of the discharge;
c. The water body that received the discharge;
d. A description of the level of treatment of the sewage or other waste discharged;
e. An initial estimate of the amount of sewage or other waste released and the amount that reached the impacted water body;
f. The Cal EMA control number and the date and time that notification of the incident was provided to Cal EMA; and
g. The name of the local health officer or director of environmental health representative notified (if contacted directly); the date and time of notification; and the method of notification (e.g., phone. fa x, email). ii. A written preliminary report shall be submitted to the Regional Board within five (5) working days after disclosure of the incident via the State Water Board GeoTracker database under Global ID WDR100000359. The final written report shall be included in the next quarterly monitoring report submitted to the GeoTracker database above. The written report shall document the information required in Section Vl.0.4. below, monitoring results and any other information required in provisions of the Standard Provisions (Attachment B) including corrective measures implemented or proposed to be implemented to prevent/minimize future occurrences. iii. The City shall include a certification in the annual summary report (due according to the schedule in the MRP) that states that the sewer system emergency equipment, including alarm systems, backup pumps, standby power generators, and other critical emergency pump station components were maintained and tested in accordance with the City's preventive maintenance plan. Any deviations from or modifications to the preventive maintenance plan shall be approved by the Executive Officer.

4. Records - The City shall prepare and maintain a record of all spills. overflows or bypasses of raw or partially treated sewage from its collection system or the SPWRF. This record shall be made available to the Regional Board upon request and a spill summary shall be included in the annual report, as required in the MRP. The record shall contain:
i. The date and time of each spill, overflow, or bypass; 29 596
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018·0022
File No. 06-189
ii. The location of each spill, overflow, or bypass;
iii. The estimated volume of each spill, overflow, or bypass including gross volume, amount recovered and amount not recovered, monitoring results as required by Section Vl.0.2.;
iv. The cause of each spill, overflow, or bypass;
v. Whether each spill, overflow, or bypass entered a receiving water and, if so, the name of the water body and whether it entered via storm drains or other man-made conveyances;
v1. Any corrective measures implemented or proposed to be implemented to prevent/minimize future occurrences; and
vii. The mandatory information included in Sanitary Sewer Overflows (SSO) online reporting for finalizing and certifying the SSO report for each spill, overflow, or bypass under State Water Board Order No. 2006-0003-DWQ.

5. Activities Coordination - The Regional Board expects that the City will coordinate their compliance activities for consistency and efficiency with other entitles that have responsibilities to implement: (i) this Order, and (ii) State Water Board Order No. 2006-0003-DWQ.

6. Consistency with State Water Board Order No. 2006-0003-DWQ - The requirements contained in this Order in Sections Vl.K. (SCCP Requirements), Vl.L. (Construction, Operation, and Maintenance Requirements), and Vl.O. (Spill Reporting Requirements) are intended to be consistent with the requirements of Order No. 2006-0003-DWQ. The Regional Board recognizes that there may be some overlap between this Order and Order No. 2006-0003-DWQ. The requirements of Order No. 2006-0003-DWQ are considered the minimum thresholds (see Finding 11 of Order No. 2006-0003-DWQ). To encourage efficiency, the Regional Board wil l accept the documentation prepared by the City under Order No. 2006-0003-DWQ for compliance purposes, as satisfying the requirements in Sections Vl.K., Vl.L., and Vl.O. provided the more stringent provisions enumerated in this Order have also been addressed.

P. Pretreatment Requirements

1. This Order includes the City's Pretreatment Program, as previously submitted to this Regional Board and specified in Order No. R4-2007-0028-R2, adopted by this Regional board on February 2, 2012. Any change to the Program shall be reported to the Regional Board in writing and shall not become effective until approved by the Executive Officer in accordance with procedures established in 40 C.F.R. section 403.18.

2. The City shall enforce the requirements under Sections 307(b), 307(c), 307(d), and 402(b) of the Federal Clean Water Act with timely, appropriate, and effective enforcement actions. The City shall require industrial users to comply with Federal Categorical Standards and shall initiate enforcement actions against those users who do not comply with the standards. The City shall require industrial users 30 597
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
subject to the Federal Categorical Standards to achieve compliance no later than the date specified in those requirements or, in the case of a new industrial user, upon commencement of the discharge.

3. The City shall perform the pretreatment functions as required in 40 C.F.R. Part 403 including, but not limited to:
i. Implement the necessary legal authorities as provided in 40 C.F.R. section 403.8(f)(1 );
ii. Enforce the pretreatment requirements under 40 C.F.R. sections 403.5 and 403.6;
iii. Implement the programmatic functions as provided in 40 C.F.R. section 403.8(f)(2); and
iv. Provide the requisite funding of personnel to implement the Pretreatment Program as provided in 40 C.F.R. section 403.8(f)(3).

4. The City shall submit an annual report of effectiveness of the City's Pretreatment Program. This annual report shall be submitted to the Regional Board, with copies to the State Water Board and USEPA Region 9, describing the City's pretreatment activities over the period and whether such activities have been effective. If the City is not in compliance with any conditions or requirements of this Order, the City shall include the reasons for noncompliance and shall state how and when the City will comply with such conditions and requirements.

5. The City shall be responsible and liable for the performance of all control authority pretreatment requirements contained in 40 C.F.R. Part 403, including subsequent regulatory revisions thereof. Where Part 403 or subsequent revision places mandatory actions upon the City as Control Authority, but does not specify a timetable for completion of the actions, the City shall complete the required actions within six months from the effective date of this Order or the effective date of Part 403 revisions, whichever comes later. For violations of pretreatment requirements, the City shall be subject to enforcement actions, penalties, fines, and other remedies by the Regional Board, USEPA, or other appropriate parties, as provided in the Federal Clean Water Act. The Regional Board or USEPA may initiate enforcement action against an industrial user for noncompliance with acceptable standards and requirements as provided in the Federal Clean Water Act and/or the California Water Code.

VII. REOPENER
The Regional Board wi ll review this Order periodically and will revise requirements when necessary. The waste discharge requirements and monitoring and reporting requirements in this Order were developed based on currently available tecl1nical information and applicable water quality laws, regulations. policies, and plans, and are intended to assure compliance with them. If applicable laws and regulations change, including but not limited to, establishment of total maximum daily loads, or once new information is obtained that will change the overall discharge and its potential to impact waters of the state, it may be 31 598
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
appropriate to reopen this Order. This Order may also specifically be reopened to make revisions consistent with an approved salt and nutrient management plan.

VIII. TERMINATION
Except for enforcement purposes, Order No. R4-2007-0028, adopted by the Regional Board on May 3, 2007, and amended on May 6, 2010, February 2, 2012, April 6, 2017 and December 21, 2017, is hereby terminated.

The Regional Board's termination of prior waste discharge requirements and/or monitoring and reporting requirements do not extinguish any violations that may have occurred during the time those requirements were in effect. The Regional Board reserves the right to take enforcement actions to address violations of prior prohibitions, limitations, specifications, requirements, or provisions of rescinded requirements as allowed by law.

IX. EFFECTIVE DATE
This Order becomes effective immediately upon its adoption.

I, Samuel Unger, Executive Officer, do hereby certify that this Order with all attachments is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Los Angeles Region on February 8, 2018.
~~ samueiunQel P. E: L9~Jh Executive Officer
32 599
City of Santa Paula
Santa Paula Water Recycling Facility
Figure 1 - The Vicinity of Santa Paula Water Recycling Facility (SPWRF) 33 Order No. R4-2018·0022
File No. 06-189
600
City of Santa Paula
Santa Paula Water Recycling Facility
~ 0 1 2
•c::m••Miles
4 ~ hea represented
bythetgure
Figure 2 - Santa Paula Groundwater Basin
34 Order No. R4-2018--0022
File No. 06-189
601
City of Santa Paula
Santa Paula Water Recycling Facility
'1• ....an-•~)
l
I
!
i
i
!
I I
....
'"" .....

T - '
+
,.. ~-- ------~
_.., _.,.
........
t
~
....

T
..... ~,
u
---·
Qi
...-CM1- J
L ;'
!!<I' "'CICUl 'll ~
• ...... c ~I W-l--1 I I I m:8MI ~ ~":.:'
..
0' ...,._,._
0' ,.., ... ~
'• ...._.. .... ..,_. 111 116 111
" ....... Ell
€3
~ __""'"'°''
_ ... ""' .....,. ... -- -- ~ .. - -w.&Ul"'IUCAU-.
- ,0 - l ~
II~~
""' ~------+<+--~---~~--~--~
+
-· - --· - 'I
Figure 3- Process Flow Schematic of Santa Paula Wastewater Recycling Facility 35 .... -·
I I
Order No. R4-2018-0022
File No. 06-189
--
~
-
.....
rd
~
··--···1
i
'---T-T---' i
...
--
!
l
~
_,,,J
A
j
I
i Future Devices
602
City of Santa Paula
Santa Paula Water Recycling Facility
Figure 4 - Locations of Groundwater Monitoring Wells
36 Order No. R4-2018-0022
File No. 06-189
603
City of Santa Paula
Santa Paula Water Recycling Facility
Region 5
Kem C<lUllty
R~CH BOUNDARIES
(rMrlced by dolled red lines}

SANTA CLARA RIVER

1. Between ~way 101 Bridge end Santa Clara River Estuary Order No. R4-2018-0022
File No. 06-189

2. Between Freenwn Oiwrsial Dam near Salic<l'f and ~way 101 Bridge

3. Between A Slreet. Fancn 1111d Freeman Oi\lersla'I Dam near Sallcoy 4A. Between ccntuence ot PIN Creelc and A Street. Fiiimore

48. Between Blue Cut gauging stlllon and conluence ot Piru Creek

5. Between WW. Pier H1~1y 99 1111d Blue ru gauging station

6. Between Bouquet C1111yon Road Bridge and West Pier Highway 99

7. Between Lang gauging stalial and Blluquet Cenyai Road Bridge a. AbCM! L"'g gauging stallon
~~
--------· 9. SANTA PAULA CREEK above 5"'ta Paula Water Works Olveslon Dam Los Angeles Counly 10. SESPE CREEK above gMlging stalla'I, 500' doWnstream ft'orn Llttle Sespe Creek Figure 5 - Santa Clara River Watershed Surface Reaches
37 11. PIRU CREEK above gMlging stallon below Santa Felicia Dam ~ •c::ll•• Miles
0 2 4 8
~ .Alea represented
by Ille •1119'e
604
City of Santa Paula
Santa Paula Water Recycling Facility
Attachment A - Maximum Contaminant Levels
Attachment A-1 Inorganic Chemicals
Table 64431-A 1
1 1
Order No. R4-2018-0022
File No. 06-189
Chemical Maximum Contaminant Reporting Detection Limit
Levels (mg/L[2]) (mg/Ll21)
Aluminum 1 0.05
Antimony 0.006 0.006
Arsenic 0.01 0.002
Asbestos 7 MFL'3
1 0.2 MFL > 10 µm
Barium 1 0.1
Beryllium 0.004 0.001
Cadmium 0.005 0.001
Chromium 0.05 0.01
Cyanide 0.15 0.1 ~
Fluoride 2.0 0.1
Chromium (VI) 0.010 0.001
Mercury 0.002 0.001
Nickel 0.1 0.01
Selenium 0.05 0.005
Thallium 0.002 0.001
Perchlorate 0.006 0.004
Table Notes:
[1]. California Code of Regulation (CCR), Title 22, Section 64431 , last updated July 16, 2015. [2]. mg/l = milligram s/liter.
(3). MFL = million fibers per liter; MCL for fibers exceeding 1 O~ m in length.

A-1
605
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Attachment A-2 Radionuclides
Table 64442 1
1 1
Chemical Maximum Contaminant Reporting Detection Limit
Levels (pCi/U2l) (pCi/Ll21)
Radium-226 5 pCi/L (combined 1
Radium-228 radium-226 and radium-228) 1
Gross Alpha particle activity 15 3
(excluding radon and uranium)
Uranium 20 1
Table Notes:
[1]. CCR, Title 22, Section 64442, last updated July 16, 2015. [2]. pCi/l = picocuries/liter.

A-2
606
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Attachment A-3 Radionuclides
Table 64443 £
1 1
Chemical Maximum Contaminant Reporting Detection Limit
Levels (pCi/Ll21) (pCi/Ll21)
Beta/photon Emitters 4 millirem/year dose Gross Beta particle activity: 4 equivalent to the total body
or any internal organ
Strontium-90 8 (=4 millirem/year dose to 2
bone marrow)
Tritium 20,000 (=4 millirem/year dose 1,000
to total body)
Table Notes:
[1). CCR, Title 22, Section 64443, last updated July 16, 2015. [2]. pCi/L = picocuries/liter.

A-3
607
City of Santa Paula
Santa Paula Water Recycling Facility
Attachment A-4 Organic Chemicals
Table 64444-A r
1 1
Maximum
Chemical Contaminant
Levels (mg/Ll2l)
(a) Volatile Organic Chemicals
Benzene 0.001
Carbon Tetrachloride (CTC) 0.0005
1,2-Dichlorobenzene 0.6
1 ,4-Dichlorobenzene 0.005
1, 1-Dichloroethane 0.005
1,2-Dichloroethane (1 ,2-DCA) 0.0005
1, 1-Dichloroethene (1 , 1-DCE) 0.006
Cis-1 ,2-Dichloroethylene 0.006
Trans-1 ,2-Dichloroethylene 0.01
Dichiaro methane 0.005
1 ,2-Dichloropropane 0.005
1,3-Dichloropropene 0.0005
Ethyl benzene 0.3
Methyl-tert-butyl-ether (MTBE) 0.013
Monoch lorobenzene 0.07
Styrene 0.1
1, 1,2,2-Tetrachloroethane 0.001
Tetrachloroethylene (PCE) 0.005
Toluene 0.15
1,2,4-Trichlorobenzene 0.005
1, 1, 1-T richloroethane 0.2
1, 1,2-Trichloroethane 0.005
Trichloroethylene (TCE) 0.005
T richlorofluoromethane 0.15
A-4
-
Order No. R4-2018-0022
File No. 06-189
Reporting
Detection Limit
(mg/L[21)

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.003

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.0005

0.005
608
City of Santa Paula
Santa Paula Water Recycling Facility
Table 64444-A c
1 1
Maximum
Chemical Contaminant
Levels (mg/Ll21)
(a) Volatile Organic Chemicals
1, 1,2-Trichloro-1,2,2-Trifluoroethane 1.2
Vinyl Chloride 0.0005
Xylenes (m,p) 1.75
(b) Non-Volatile Synthetic Organic Chemicals
Alachlor 0.002
Atrazine 0.001
Bentazon 0.018
Benzo(a)pyrene 0.0002
Carbofuran 0.018
Chlordane 0.0001
2,4-0 0.07
Dalapon 0.2
1,2-Dibromo-3-chloropropane (OBCP) 0.0002
Di(2-ethylhexyl)adipate 0.4
Di(2-ethylhexyl)phthalate 0.004
Dinoseb 0.007
Diquat 0.02
Endothall 0.1
Endrin 0.002
Ethylene Dibromide (EDB) 0.00005
Glyphosate 0.7
Heptachlor 0.00001
Heptachlor Epoxide 0.00001
Hexachlorobenzene 0.001
Hexachlorocyclopentadiene 0.05
Lindane 0.0002
A-5
Order No. R4-201B-0022
File No. 06-169
Reporting
Detection Limit
(mg1u21)

0.01 0.0005

0.0005

0.001

0.0005

0.002

0.0001

0.005

0.0001

0.01 0.01

0.00001

0.005

0.003

0.002

0.004

0.045

0.0001

0.00002

0.025

0.00001

0.00001

0.0005

0.001

0.0002
609
City of Santa Paula
Santa Paula Water Recycling Facility
Table 64444-A 1
1 1
Maximum
Chemical Contaminant
Levels (mg/Ll21)
(b) Non-Volatile Synthetic Organic Chemicals
Methoxychlor 0.03
Molinate 0.02
Oxamyl 0.05
Pentachlorophenol 0.001
Picloram 0.5
Polychlorinated Biphenyls 0.0005
Simazine 0.004
Thiobencarb 0.07
Toxaphene 0.003
2,3,7,8-TCDD (Dioxin) 3x10·8
2,4,5-TP (Silvex) 0.05
Table Notes:
[1 ). CCR, Title 22, Section 64444-A, last updated July 15, 2015. [2]. mg/L = milligrams/liter.

A-6
I
I
Order No. R4-2018-0022
File No. 06-189
Reporting
Detection Limit
(mg/Lf2l)

0.01 0.002

0.02 0.0002

0.001

0.0005

0.001

0.001

0.001
5x1Q·
9 0.001
610
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Attachment A-5 Secondary Maximum Contaminant Levels
Table 64449-A r
1 1
Chemical Units
Aluminum 0.2 mg/L
Color 150 Units
Copper 1.0 mg/L
Foam Agents (MBAS) 0.5 mg/L
Iron 0.3 mg/L
Manganese 0.05 mg/L
Methyl-tert-butyl-ether (MTBE) 0.005 mg/L
Odor - Threshold 3 units
Silver 0.1 mg/L
Thiobencarb 0.001 mg/L
Turbidity 5 Units
Zinc 5 mg/L
Table Note:
[1]. CCR, Title 22, Section 64449, last updated July 16, 2015.

A-7
611
City of Santa Paula
Santa Paula Water Recycling Facility
Attachment A-6 Disinfection Byproducts
Table 64533-A !
11 Constituent Maximum
Contaminant
Levels (mg/U21)
Total Trihalomethanes (TTHM) 0.08
Bromodichloromethane
Bromoform
Chloroform
Dibromochloromethane
Haloacetic acid (five) (HAAS) 0.06
Monochloroacetic acid
Dichloroacetic acid
Trichloroacetic acid
Monobromoacetic acid
Dibromoacetic acid
Table Notes:
[1]. CCR, Title 22, Section 64533, Chapter 15.5, last updated July 16, 2015. [2]. mg/L = milligrams/liter.

A-8
Order No. R4-2018-0022
File No. 06-189
Reporting
Detection Limit
(mg/Ll2l)

0.001

0.001

0.001

0.001

0.002

0.001

0.001

0.001

0.001
612
City of Santa Paula
Santa Paula Water Recycling Facility
Attachment 8 - Standard Provisions
Applicable to Waste Discharge Requirements

1. DUTY TO COMPLY
Order No. R4-2018-0022
File No. 06-189
The discharger must comply with all conditions of these waste discharge req uirements. A responsible party has been designated in the Order for this project, and is legally bound to maintain the monitoring program and permit. Violations may result in enforcement actions, including Regional Board orders or court orders requiring corrective action or imposing civil monetary liability, or in modification or revocation of these waste discharge requirements by the Regional Board. (California Water Code, Sections 13261 , 13263, 13265, 13268, 13300, 13301, 13304, 13340, and 13350). Failure to comply with any waste discharge requirement, monitoring and reporting requirement, or other order or prohibition issued, reissued or amended by the Los Angeles Water Board or State Water Resources Control Board is a violation of these waste discharge requirements and the California Water Code, which can result in the imposition of civil liability. (California Water Code, Section 13350, subdivision (a).)

2. GENERAL PROHIBITION
Neither the treatment nor the discharge of waste shall create a pollution, contamination or nuisance, as defined by California Water Code section 13050. In addition, the discharge of waste classified as hazardous, as defined in California Code of Regulations, Title 23, Section 2521 , subdivision (a) is also prohibited.

3. AVAILABILITY
A copy of these waste discharge requirements shall be maintained at the discharge facility and be available at all times to operating personnel. (California Water Code, Section 13263).

4. CHANGE IN OWNERSHIP
The discharger must notify the Executive Officer, in writing at least 30 days in advance of any proposed transfer of this Order's responsibility and coverage to a new discharger containing a specific date for the transfer of this Order's responsibility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgement that the existing discharger is liable for violations up to the transfer date and that the new discharger is liable from the transfer date forward. (California Water Code, Sections 13267 and 13263)

5. CHANGE IN DISCHARGE
In the event of a material change or proposed change in the character, location, or volume of the discharge, the discharger shall file with this Regional Board a new Report of Waste Discharge. (California Water Code, Section 13260, subdivision (c)). A material change includes, but is not limited to, the following:
(a) Addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste.
8-1
613
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
(b) Significant change in disposal method, e.g., change from a land disposal to a direct discharge to water, or change in the method of treatment which would significantly alter the characteristics of the waste.
(c) Significant change in the disposal area, e.g., moving the discharge to another drainage area, to a different water body, or to a disposal area significantly removed from the original area potentially causing different water quality or nuisance problems. (d) Increase in flow beyond that specified in the waste discharge requirements. (e) Increase in the area or depth to be used for solid waste disposal beyond that specified in the waste discharge requirements. (California Code of Regulations, Title 23, Section 2210)

6. REVISION
These waste discharge requirements are subject to review and revision by the Regional Board. (California Water Code, Section 13263)

7. NOTIFICATION
Where the discharger becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge or submitted incorrect information in a Report of Waste Discharge or in any report to the Regional Board, it shall promptly submit such facts or information. (California Water Code, Sections 13260 and 13267)

8. VESTED RIGHTS
This Order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, do not protect the discharger from his liability under Federal, State or local laws, nor do they create a vested right for the discharger to continue the waste discharge. All discharges of waste into waters of the state are privileges, not rights. (California Water Code, Section 13263, subdivision (g).)

9. SEVERABILITY
Provisions of these waste discharge requirements are severable. If any provisions of these requirements are found invalid, the remainder of the requirements shall not be affected.

10. OPERATION AND MAINTENANCE
The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the discharger to achieve compliance with conditions of this Order. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Order. (California Water Code, Section 13263, subdivision (f).) B-2
614
City of Santa Paula
Santa Paula Water Recycling Facility

11. NOTIFICATION REQUIREMENT
Order No. R4-2018-0022
File No. 06-189
Except for a discharge which is in compliance with these waste discharge requirements, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) that person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.7) of Chapter 7 of Division 1 of Title 2 of the Government Code, and immediately notify the State Board or the appropriate Regional Board of the discharge. This provision does not require reporting of any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of Section 13271 of the California Water Code unless the discharger is in violation of a prohibition in the applicable Water Quality Control plan. (California Water Code, Section 13271, subdivision (a).)

12. OIL OR PETROLEUM RELEASES
Except for a discharge which is in compliance with these waste discharge requirements, any person who without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon as (a) such person has knowledge of the discharge, (b) notification is possible, and ( c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Article

3.5 (commencing with Section 857 4.1) of Chapter 7 of Division 1 of Title 2 of the Government Code. This provision does not require reporting of any discharge of less than 42 gallons unless the discharge is also required to be reported pursuant to Section 311 of the Clean Water Act or the discharge is in violation of a prohibition in the applicable Water Quality Control Plan. (California Water Code, Section 13272)

13. INVESTIGATIONS AND INSPECTIONS
The discharger shall allow the Regional Board, or an authorized representative upon the presentation of credentials and other documents as may be required by law, to:
(a) Enter upon the discharger's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Order; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and (d) Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order, or as otherwise authorized by the California Water Code, any substances or parameters at any location. (California Water Code, Section 13267) 8 -3
615
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
(e) Except for material determined to be confidential in accordance with applicable law, all reports prepared in accordance with the terms of this Order shall be available for public inspection at the office of the Los Angeles Water Board. Data on waste discharges, water quality, geology, and hydrogeology shall not be considered confidential.

14. MONITORING PROGRAM AND DEVICES
The discharger shall furnish, under penalty of perjury, technical monitoring program reports; such reports shall be submitted in accordance with specifications prepared by the Executive Officer, which specifications are subject to periodic revisions as may be warranted . (California Water Code, Section 13267)
All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and cal ibrated as necessary to ensure their continued accuracy. All flow measurement devices shall be calibrated at least once per year, or more frequently, to ensure continued accuracy of the devices. Annually, the discharger shall submit to the Executive Office a written statement, signed by a registered professional engineer, certifying that all flow measurement devices have been calibrated and will reliably act1ieve the accuracy required.

The analysis of any material required pursuant to Division 7 of the California Water Code shall be performed by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. However, this requirement does not apply to field tests, such as test for color, odor, turbidity, pH, temperature, dissolved oxygen, conductivity, and disinfectant residual chlorine. (California Water Code, Section 13176). Unless otherwise permitted by the Regional Board Executive officer, all analyses shall be conducted at a laboratory certified for such analyses by the State Water Resources Control Board's Division of Drinking Water. All analyses shall be required to be conducted in accordance with the latest edition of "Guidelines Establishing Test Procedures for Analysis of Pollutants" (40CFR Part 136) promulgated by the United States, Environmental Protection Agency (USEPA). (California Code of Regulation, Title 23, Section 2230) The Quality Assurance-Quality Control Program must conform to the USEPA Guidelines "Laboratory Documentation Requirements for Data Validation", January 1990, USEPA Region 9) or procedures approved by the Los Angeles Regional Water Quality Control Board.

All quality assurance and quality control (QA/QC) analyses must be run on the same dates wl1en samples were actually analyzed. All QA/QC data shall be reported, along with the sample results to which they apply, including the method, equipment, analytical detection and quantitation limits, the percent recovery, and explanation for any recovery that falls outside the QC limits, the results of equipment and method blanks, the results of spiked and surrogate samples, the frequency of quality control analysis, and the name and qualifications of the person(s) performing the analyses. Sample results shall be reported unadjusted for lank results or spike recoveries. In cases where contaminants are detected in QA/QC samples (e.g., field, trip, or lab blanks); the accompanying sample results shall be appropriately flagged .
8-4
616
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
The Discharger shall make all QA/QC data available for inspection by Regional Board staff and submit the QA/QC documentation with its respective quarterly report. Proper chain of custody procedures must be followed and a copy of that documentation shall be submitted with the quarterly report.

15. TREATMENT FAILURE
In an enforcement action, it shall not be a defense for the discharger that it would have been necessary to halt or to reduce the permitted activity in order to maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies, for example, when the primary source of power of the treatment facility fails, is reduced, or is lost. (California Water Code, Section 13263, subdivision (f).)

16. DISCHARGE TO NAVIGABLE WATERS
A person who discharges pollutants or proposes to discharge pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of waste discharge in compliance with the procedures set forth in California Water Code section 13260. (California Water Code, Section 13376)

17. ENDANGERMENT TO HEAL TH AND ENVIRONMENT
The discharger shall report any noncompliance which may endanger health or the environment. Any such information shall be provided verbally to the Executive Officer within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within five days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Executive officer, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

The following occurrence(s) must be reported to the Executive Office within 24 hours:
(a) Any bypass from any portion of the treatment faci lity. (b) Any discharge of treated or untreated wastewater resulting from sewer line breaks, obstruction, surcharge or any other circumstances.
(c) Any treatment plan upset which causes the effluent limitation of this Order to be exceeded. (California Water Code, Sections 13263 and 13267)

18. MAINTENANCE OF RECORDS
The discharger shall retain records of all monitoring information including all calibration and maintenance records, all original strip chart recordings for continuous monitoring 8-5
617
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
instrumentation, copies off all reports required by this Order, and record of all data used to complete the application for this Order. Records shall be maintained for a minimum of three years from the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer.

Records of monitoring information shall include:
(a) The date, exact place, and time of sampling or measurement; (b) The individual(s) who performed the sampling or measurement; (c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or method used; and
(f) The results of such analyses.

19. (a) All application reports or information to be submitted to the Executive Office shall be signed and certified as follows:
( 1) For a corporation - by a principal executive officer or at least the level of vice president.
(2) For a partnership or sole proprietorship - by a general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or other public agency - by either a principal executive officer or ranking elected official.
(b) A duly authorized representative of a person designated in paragraph (a) of this provision may sign documents if:
(1) The authorization is macle in writing by a person described in paragraph (a) of this provision.
(2) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated facility or activity; and, (3) The written authorization is submitted to the Executive Officer.

Any person signing a document under this Section shall make the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, B-6
618
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
including the possibility of fine and imprisonment. [California Water Code Sections 13263, 13267, and 13268]"

20. OPERATOR CERTIFICATION
Supervisors and operators of municipal wastewater treatment plants and privately owned facil ities regulated by the Public Utilities Commission, used in the treatment or reclamation of sewage and industrial waste shall possess a certificate of appropriate grade in accordance with California Code of Regulations, title 23, section 3680. State Board may accept experience in lieu of qualification training . (California Code of Regulations, Title, 23, Sections 3680 and 3680.2.) In lieu of a properly certified wastewater treatment plant operator, the State Board may approve use of a water treatment plant operator of appropriate grade certified by the State Department of Public Health where reclamation is involved. (California Code of Regulations, Title, 23, Section 3670.1, subdivision (b).)

ADDITIONAL PROVISIONS APPLICABLE TO

PUBLICLY OWNED TREATMENT WORKS' ADEQUATE CAPACITY

21. Whenever a regional board finds that a publicly owned wastewater treatment plant will reach capacity within four years, the board shall notify the discharger. Such notification shall inform the discharger that the regional board will consider adopting a time schedule order pursuant to Section 13300 of the California Water Code or other enforcement order unless the discharger can demonstrate that adequate steps are being taken to address the capacity problem. The notification shall require the discharger to submit a technical report to the regional board within 120 days showing how flow volumes will be prevented from exceeding existing capacity or how capacity will be increased. A copy of such notification shall be sent to appropriate local elected officials, local permitting agencies and the press. The time for filing the required technical report may be extended by the regional board. An extension of 30 days may be granted by the executive officer. Longer extensions may be granted by the regional board itself. (California Code of Regulations, Title, 23, Section 2232.) B-7
619
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Attachment C - Monitoring for Constituents of Emerging Concern (CECs) l
1J
Constituent Reporting Limit (µg/L 1
21)
1 ?B-Estradiol 0.001
Caffeine 0.05
NOMA 0.002
Triclosan 0.05
DEET 0.05
Sucralose 0.1
Table Note:
[1 ]. CECs are based on Table 1 Groundwater Recharge Reuse - Subsurface Application of State Water Board Resolution 2013-003.
[2]. µg/L = micrograms/liter.

C-1
620
City of Santa Paula
Santa Paula Water Recycling Facility
Order No. R4-2018-0022
File No. 06-189
Attachment D - Monitoring for Priority Pollutants
Antimony Trichloroethylene Fluoranthene
Arsenic Vinyl Chloride Fluorene
Beryllium 2-Chlorophenol Hexachlorobenzene
Cadmium 2,4-Dichlorophenol Hexachlorobutadiene
Chromium (I ll) 2 ,4-Dimethylphenol Hexachlorocyclopentadiene Chromium (VI) 4,6-Dinitro-2-Methylphenol Hexachloroethane Copper 2,4-Dinitrophenol lndeno[1,2,3-cd)pyrene
Lead 2-Nitrophenol lsophorone
Mercury 4-Nitrophenol Naphthalene
Nickel 4-Chloro-3-Methylphenol Nitrobenzene
Selenium Pentachlorophenol N-nitrosodimethylamine
Silver Phenol N-Nitrosodi-N-propylamine
Thallium 2,4,6-Trichlorophenol N-Nitrosodiphenylamine
Zinc Acenaphthene Phenanthrene
Cyanide Acenaphthylene Pyrene
Asbestos Anthracene 1,2,4-Trichlorobenzene
2,3,7,8-TCDD Benzidine Aldrin
Acrolein Benzo[a]anthracene alpha-BHC
Acrylonitrile Benzo[a]pyrene beta-BHC
Benzene Benzo[b)fluoranthene gamma-BHC
Bromoform Benzo[ghi]perylene delta-BHC
Carbon tetrachloride Benzo[k]fluoranthene Chlordane
Chlorobenzene Bis(2-chloroethoxy) Methane 4,4'-DDT
Chlorodibromomethane Bis(2-chloroethyl) Ether 4,4'-DDE
Chloroethane Bis(2-chloroisopropyl) Ether 4,4'-DDD
2-Chloroethylvinyl Ether Bis(2-ethylhexyl) Phthalate Dieldrin Chloroform 4-Bromophenyl Phenyl Ether alpha-Endosulfan
Dichlorobromomethane Butylbenzyl Phthalate beta-Endosulfan 1, 1-Dichloroethane 2-Chloronaphthalene Endosulfan Sulfate D-1
621
City of Santa Paula
Santa Paula Water Recycling Facility
1,2-Dichloroethane
1, 1-Dichloroethylene
1,2-Dichloropropane
1,3-dichloropropylene
Ethylbenzene
Methyl Bromide
Methyl Chloride
Methylene Chloride
1, 1,2,2-Tetrachloroethane
T etrachloroethylene
Toluene
1,2-Trans-Dichloroethylene
1, 1, 1-Trichloroethane
1, 1,2-Trichloroethane
4-Chlorophenyl Phenyl Ether
Chrysene
Dibenzo[ah]anthracene
1,2-Dichlorobenzene
1 ,3-Dichlorobenzene
1,4-Dichlorobenzene
3,3'-Dichlorobenzidine
Diethyl Phthalate
Dimethyl Phthalate
Di-n-butyl Phthalate
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-octyl Phthalate
1,2-Diphenylhydrazine
D-2
Endrin
Endrin Aldehyde
Heptachlor
Order No. R4-2018-0022
File No. 06-189
Heptachlor Epoxide
PCB (Aroclor-1016)
PCB (Aroclor-1221 )
PCB (Aroclor-1232)
PCB (Aroclor-1242)
PCB (Aroclor-1248)
PCB (Aroclor-1254)
PCB (Aroclor-1260)
Toxaphene
---
---
622
Attachment E
MONITORING AND REPORTING PROGRAM NO. Cl-9259
FOR

CITY OF SANTA PAULA
(SANTA PAULA WATER RECYCLING FACILITY)
(File No. 06-189)
This Monitoring and Reporting Program (MRP) No. Cl-9259 is issued pursuant to California Water Code section 13267, which authorizes the Regional Water Quality Control Board, Los Angeles Region (Regional Board) to require the City of Santa Paula (City), who discharges tertiary-treated wastewater generated from the Santa Paula Water Recycling Facility (SPWRF) to groundwater via three percolation ponds, to furnish technical or monitoring reports.

The reports required herein are necessary to:
• Determine compliance with Waste Discharge Requirements (WDRs) Order No. R4-2018- 0022 and assure protection of the waters of the state and their beneficial uses. • Assess treatment plant performance, identify operational problems, and improve plant performance.
• Assess effectiveness of the City's Pretreatment Program. • Provide information on wastewater characteristics and flows for use in interpreting water quality and biological data.
• Determine total maximum daily load (TMDL) effectiveness.

The evidence that supports the need for the reports is set forth in the WDRs and the Regional Board record.

I. SUBMITTAL OF REPORTS
A. The City shall comply with the Electronic Submittal of Information (ESI} requirements by submitting all reports required under this MRP, including electronic data format (EDF) groundwater and surface water monitoring data, injection location data, and monitoring reports. These reports shall be received by the Regional Board via the State Water Resources Control Board's (State Water Board) GeoTracker database under Global ID WDR100000849 on the dates indicated as follows:

1. Quarterly Monitoring Reports shall be received by the Regional Board by the 301h day of the month following the end of each quarterly monitoring period according to Table 1 below. The first Quarterly Monitoring Report under this program must be received by the Regional Board by April 30, 2018.

February 8, 2018
623
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
Table 1 - Reporting Period and Due
Reporting Period Report Due
January - March April 30
April - June July 30
July - September October 30
October - December January 30

2. Annual Summary Report shall be received by the Regional Board by March 1 of each year. The first Annual Summary Report under this program must be received by the Regional Board no later than March 1, 2018.

B. If there is no discharge during any reporting period, the report shall still be submitted and so state.

C. Data collected from monitoring wells shall be included in the quarterly monitoring reports and annual summary report. The data shall include the well specifications, ordinances, well heads elevation to mean sea level (MSL) and the method to develop the well. The California Department of Water Resources sets standards for the construction of groundwater wells, as described in California Well Standards Bulletin 74-90 (June 1991) and Water Well Standards: State of California Bulletin 74-81 (December 1981 ). These well standards, and any more stringent standards adopted by the state or county pursuant to Water Code section 13801, apply to all monitoring wells used to monitor the impacts of wastewater storage or disposal governed by waste discl1arge or monitoring and reporting requirements.

D. In accordance with California Business and Profession Code sections 6735, 7835, and 7835.1, engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. All reports submitted to the Regional Board pursuant to waste discharge or monitoring and reporting requirements that contain work plans for investigations and studies, that describe the conduct of investigations and studies, or that contain technical conclusions and recommendations concerning engineering and geology shall be prepared by or under the direction of appropriately qualified professional(s), such a licensed engineer or a certified hydrogeologist in the State of California, even if not explicitly stated. Each report must submitted by the Discharger shall bear the professional's signature and stamp.

E. All monitoring reports must include, at minimum, the following:

1. Well or location identification, date and time of sampl ing;

2. Sampler identification, laboratory identification, and chain of custody;

3. Quarterly observation of groundwater levels, recorded to 0.01 feet mean sea level (MSL), and flow direction; and

4. Calculation of vertical separation of the water table from the bottom of the disposal system.
2 624
City of Santa Paula
Santa Paula Water Recycling Facility
II. MONITORING REQUIREMENTS
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
A. Monitoring shall be used to determine compliance with waste discharge requirements and shall include, but is not limited to, implementation and documentation of the following:

1. Locations of each groundwater well where representative samples can be obtained and the rationale for the selection. The City must include a map, at a scale of 1 inch equals 1,200 feet or less, that clearly identifies the locations of the SPWRF, and all groundwater monitoring wells.

2. Sampling protocols (specified in 40 C.F.R. Part 136 or American Water Works Association standards where appropriate) and chain of custody procedures.

3. For groundwater monitoring, outline the methods and procedures to be used for measuring water levels; purging wells; collecting samples; decontaminating equipment; containing, preserving, and shipping samples; and maintaining appropriate documentation. Also include the procedures for handling, storing, testing , and disposing of purge and decontamination waters generated from the sampling events.

4. Laboratory or laboratories, which conducted the analyses. Include copy or copies of laboratory certifications by the Environmental Laboratory Accreditation Program (ELAP) of the State Water Board's Division of Drinking Water (DOW) every year or when the City changes their contract laboratory.

5. Analytical test methods used and the corresponding Detection Limits for Purposes of Reporting (DLR) for unregulated and regulated chemicals. Please see the DDW's website at
http://www.waterboards.ca.gov/drinking water/certlic/drinkingwater/EDT.shtml for unregulated and regulated chemicals.

6. Quality assurance and control measures.

B. The samples shall be analyzed using analytical methods described in 40 C.F.R. Part 136; or where no methods are specified for a given pollutant, by commercially available methods approved by the United State Environmental Protection Agency (USEPA) or DOW, Regional Board and/or State Board. The City shall select the analytical methods that provide reporting detection limits (RDLs) lower than the limits prescribed in waste discharge requirements.

C. The City shall instruct its laboratories to establish calibration standards so that the RD Ls (or its equivalent if there is a different treatment of samples relative to calibration standards) are the lowest calibration standard. At no time shall the City use analytical data derived from extrapolation beyond the lowest point of the calibration curve.

D. Upon request by the City, the Regional Board, in consultation wit11 the USEPA or DOW and the State Board Quality Assurance Program, may establish RDLs in any of the following situations:
3 625
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189

1. When the pollutant has no established method under 40 C.F.R. Part 136 (revised May 14, 1999, or subsequent revision);

2. When the method under 40 C.F.R. Part 136 for the pollutant has a RDL higher than the limit specified in this Order; or

3. When the City agrees to use a test method that is more sensitive than those specified in 40 C. F. R. Part 136 and is commercially available.

E. Samples of influent and disinfected effluent must be analyzed within allowable holding time limits as specified in 40 C. F. R. section 136.3. All quality assurance/quality control (QA/QC) analyses must be run on the same dates when samples were actually analyzed. The City shall make available for inspection and/or submit the QA/QC documentation upon request by the Regional Board. Proper chain of custody procedures must be followed and a copy of that documentation shall be submitted with the quarterly monitoring report.

F. Constituents of emerging concern (CECs): In recent years, the Regional Board has required monitoring of a select group of anthropogenic chemicals, particularly pesticides, pharmaceuticals and personal care products, known collectively as CECs, into monitoring and program requirements to better understand the propensity, persistence and effects of CECs in our environment. Recently adopted permits in this region contain requirements for CEC effluent monitoring, including identification of the CECs to be monitored in the effluent, sample type, sampling frequency, and sampling methodology.

1. The City shall monitor a selective list of CECs identified in Attachment C in the SPWRF's effluent discharge and in the groundwater. The reporting limits in Attachment C shall be used for these constituents.

2. The City shall select methods according to the following approach:
i. Use USEPA drinking water methods, if available;
ii. Use DOW-recommended methods for CECs, if available; iii. If there is no DOW-recommended drinking water method for a chemical, and more than a single US EPA-approved method is available, use the most sensitive USEPA-approved method;
iv. If there is no USEPA-approved method for a chemical, and more than one method is available from the scientific literature and commercial laboratory, after consultation with DOW, use the most sensitive method; or v If no approved method is available for a specific chemical, the City's laboratory may develop or use its own methods and should provide the analytical methods to DOW or the Regional Board for review and approval.

Those methods may be used until DOW-recommended or USEPAapproved methods are available. 4 626
City of Santa Paula
Santa Paula Water Recyc ling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
vi. In the event that subsections 11 .F.2.i. or 11 .F.2.v. are applicable, the City shall inform the Regional Board.

3. CECs identified in Attachment C shall be monitored once within six months from the effective date of this Order (by May 2, 2018) and once every five years thereafter. The Regional Board Executive Officer may add or delete chemicals from Attachment C as new analytical methods become available and may also make revisions to approved analytical methods as needed. A revised CECs list will be made available to the City when changes occur. The City shall request (and submit a justification for) any deviation from the attached list for Executive Officer approval, if a change is required, before collecting samples.

4. Monitoring results shall be reported as part of the annual report. Analysis under this section is for monitoring purposes only as there are currently no standards for these constituents.

Ill. REPORTING REQUIREMENTS
The City shall submit all reports to the Regional Board by the dates indicated in Section I.

All quarterly and annual reports shall clearly list all non-compliance with WDRs, as well as all excursions of effluent limits. All quarterly and annual monitoring reports shall contain a separate section titled "Summary of Non-Compliance", which discusses the compliance records and corrective actions taken or planned that may be needed to bring the discharge into full compliance with WDRs.

A. Quarterly Monitoring Reports

1. These reports shall include, at a minimum, the following information:
i. The volume of the effluent used for land disposal via percolation. ii. The date and time of sampling and analyses on the influent, effluent, and groundwater.
iii. All analytical results of samples collected during the monitoring period of the influent, effluent, and groundwater.
iv. Documentation of all QA/QC procedures that were followed during sampling and laboratory analyses.
v. Records of any operational problems, plant upset and equipment breakdowns or malfunctions, and any discharge(s) used for land disposal via percolation.
vi. Discussion of compliance, non-compliance, or violation of waste discharge requirements.
vii. All corrective and/or preventive action(s) taken or planned with schedule of implementation, if any violation occurs.
5 627
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
Fi le No. 06-189

2. For the purpose of reporting compliance with numerical limitations, analytical data shall be reported using the following reporting protocols:

1. Sample results greater than or equal to the RDL must be reported "as measured" by the laboratory (i.e., the measured chemical concentration in the sample);
ii. Sample results less than the RDL, but greater than or equal to the laboratory's method detection limit (MDL), must be reported as "Detected, but Not Quantified" (DNQ). The laboratory must write the estimated chemical concentration of the sample next to DNQ as well as the words "Estimated Concentration" (may be shortened to Est. Cone.); or iii. Sample results less than the laboratory's MDL must be reported as "NoneDetected" (ND).

3. If the City samples and performs analyses (other than for process/operational control, startup, research, or equipment testing) on any sample more frequently than required in this MRP using approved analytical methods, the results of those analyses shall be included in the report. These results shall be included in the calculation of the average used in demonstrating compliance with average effluent limits, receiving groundwater limits, etc.

4. The Regional Board may request supporting documentation, such as daily logs of operations.

B. Annual Summary Reports
These reports shall include, at a minimum, the following information:

1. Tabular and graphical summaries of the monitoring data (quality of influent, effluent, and groundwater; quantity of influent and effluent to percolation ponds,) obtained during the previous calendar year. A comparison of laboratory results against effluent limits contained in these WDRs and notations of any exceedances of limits or other requirements shall be summarized and submitted at the beginning of the report.

2. Discussion of the compliance record and corrective and/or preventive action(s) taken or planned that may be needed to bring the treated effluent, including the treated effluent used for recycled water, into full compliance with the requirements in the WDRs.

3. An in-depth discussion of the results of the final effluent monitoring and groundwater monitoring conducted during the previous year includes:
i. Any change of receiving groundwater resulting from effluent discharges at percolation ponds; and
ii Any change of groundwater flow pattern resulting from discharge via percolation ponds.
6 628
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
Temporal and spatial trends in the data shall be analyzed, with particular reference to comparisons between stations with respect to distances from the monitoring wells and comparisons to data collected during previous years. Appropriate statistical tests and indices, subject to approval by the Regional Board Executive Officer, shall be calculated and included in the annual report.

4. The description of any changes and anticipated changes including any impacts in operation of any unit processes or facilities shall be provided.

5. A list of the analytical methods employed for each test and associated laboratory QA/QC procedures shall be included. The report shall restate the laboratories used by the City to monitor compliance with the accompanying Order, their status of certification, and provide a summary of analyses.

6. The report shall confirm operator certification and provide a list of current operating personnel, their responsibilities, and their corresponding grade of certification.

7. The report shall also summarize any change of the Operation, Maintenance, and Monitoring Plan (OMM Plan) due to the optimization of the existing SPWRF operation. The summary shall discuss conformance with the SPWRF's OMM Plan for operations, maintenance, and monitoring of the SPWRF, and whether the OMM Plan requires revision for the current facilities.

IV. WATER QUALITY MONITORING REQUIREMENTS
A. Influent Monitoring

1. The City shall monitor influent to the SPWRF at Influent Pump Station located in the main stream of the influent channel prior to the headworks as specified in Table 2 below.

Table 2 - Influent Monitoring
Constituents UnitsC1J Type of Sample
Minimum Frequency
of Analysis
Total waste flow gpd Recorder Continuousl
21 80Ds@20°c mg/L Grab Monthly
Total Suspended Solids mg/L Grab Monthly
Chloride mg/L 24-hour composite Monthly
Sulfate mg/L Grab Monthly
Boron mg/L Grab Monthly
Total Dissolved Solids mg/L Grab Monthly
MetalsPJ lg/L Grab Quarterly
Table Notes:
[1) gpd: gallons per day
7 629
City of Santa Paula
Santa Paula Water Recycling Facility
mg/L: milligrams/liter
pg/L: micrograms/liter
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
[2] The City shall report the daily minimum, maximum, and average values. [3] Metals include antimony, arsenic, beryllium, cadmium, chromium, copper, leacl, mercury, nickel, selenium, silver, thallium, and zinc.

B. Effluent Monitoring

1. The City shall monitor its discharge of tertiary-treated effluent at downstream of all treated effluent passing through the effluent sampling station, including the final disinfection process.

2. The following shall constitute the effluent monitoring program, specified in Table 3 below:

Table 3 - Effluent Monitoring
Minimum
Constituent Unit!
1J Type of Samplet21 Frequency of
Analysis
Total Flow gpd Recorder ContinuousPl
UV mW-s/cmt
21 Recorder Continuousl3l
Turbidity NTU Recorder Continuousl3ll4l
pH pH units Grab Daily
Fecal Coliform MPN/100ml Grab Daily
Total Coliform MPN/100ml Grab Daily
Enterococcus MPN/100ml Grab Weekly
Total Suspended Solids mg/L 24-hour composite Monthly
80Ds@20°c mg/L 24-hour composite Monthly
Oil and Grease mg/L Grab Monthly
Ammonia Nitrogen mg/L Grab Monthly
Nitrate as Nitrogen mg/L Grab Monthly
Nitrite as Nitrogen mg/L Grab Monthly
Organic as Nitrogen mg/L Grab Monthly
Residual Chlorine mg/L Grab Monthly
Total Dissolved Solids mg/L Grab Monthly
Sulfate mg/L Grab Monthly
Chloride mg/L 24-hour composite Weekly
Boron mg/L Grab Monthly
MBAS15l mg/L 24-hour composite Quarterly
CTASl6l mg/L 24-hour composite Quarterly
8 630
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
Table 3 - Effluent Monitoring
I
Constituent Unitlll Type of Samp1e121
Total hardness mg/L 24-hour composite
Total Phosphorus mg/L 24-hour composite
Constituents listed in various Grab/24-hour
Attachments A-1 to A-6 composite
CECs in Attachment C various Grab
Remaining Priority Pollutants µg/L Grab/24-hour
in Attachment D composite
Table Notes:
[1) NTU: nephelometric turbidity unit
mW-s/cm2: milli-watts seconds per square centimeter
MPN/100ml: Most Probable Number/100 milliliter
~tg/L : micrograms/liter
Minimum
Frequency of
Analysis
Quarterly
Quarterly
Quarterly
Once within 6
Months and every 5
Years thereafterl71
Annually
[2] Grab sample is an individual sample collected in a short period of time not exceeding 15 minutes. Grab samples shall be collected during normal peak loading conditions for the parameter of interest, which may or may not be during hydraulic peaks. When an automatic composite sampler is not used, composite sampling shall be done as follows. If the duration of the discharge is equal to or less than 24 hours but greater than eight (8) hours, at least eight (8) flow-weighted samples shall be obtained during the discharge period and composited. For discharge duration of less than eight (8) hours, individual "grab" sample may be substituted. 24-hour composite is for semi-volatile and volatile chemicals. [3] The City shall report the daily minimum, maximum, and average values. (4) In the event the continuous turbidity meter and recorder fail, grab sampling may be substituted for a period of up to 24 hours. The turbidity samples must be taken at intervals of no more than 1.2 hours over a 24-hour period to determine compliance for turbidity.
(5] MBAS: Methylene Blue Active Substances
[6] CT AS: Cobalt Thiocyanate Active Substances
[7] CECs shall be monitored once within six months from the effective date of this Order (by May 2, 2018) and once every five years thereafter.

C. Groundwater Monitoring

1. The City shall monitor the groundwater at and surrounding the SPWRF to assess the water quality impact of the SPWRF's discharges to groundwater.

2. The City shall continue to conduct groundwater monitoring from all existing wells, including MW-1, MW-2a, MW-3, MW-4, MW-5, MW-6, MW-7a, and MW-8, until such time as the City's work plan proposing a modified groundwater monitoring 9 631
City of Santa Pau la
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
network, described in Section IV.C.3 below, is approved by the Executive Officer and is implemented by the City.

3. By May 1, 2018, the City shall submit to the Regional Board a work plan proposing a modified groundwater monitoring network for compliance determination with the groundwater limitations. The proposed groundwater monitoring network shall include groundwater monitoring wells upgradient, cross gradient, and downgradient to the percolation pond. In addition to installation of new wells, the City may propose continuing to use some or all of the existing groundwater monitoring wells (MW-1, MW-2a, MW-3, MW-4, MW-5, MW-6, MW7a, and MW-8). For compliance determination with the groundwater limitation for chloride, the City's proposed modified groundwater monitoring network shall include wells at approximately 150 feet downgradient from the percolation pond.

The work plan shall be submitted to the Regional Board for the Executive Officer's review and approval. If the City proposes to use existing wells (such as water supply or irrigation wells) not owned by the City, or proposes to install new wells on property not owned by the City, the City shall include as part of its work plan any access agreements between the City and property owner(s) to use and/or install groundwater wells on non-City-owned property. The City shall implement the work plan, by completing installation of any new wells and commencing monitoring from them, within 60 days after the Executive Officer's approval.

4. The required groundwater monitoring of constituents/parameter with sample type and frequencies is specified in Table 4 below.

Table 4 - Groundwater Monitoring
Type of Sample Minimum
Constituents Units Frequency of
Analysis[
2l
Water level elevationf11 Feet Recorder Monthly
pH pH units Grab Monthly
Total Coliform MPN/100ml Grab Monthly
Fecal Coliform MPN/100ml Grab Monthly
Enterococcus MPN/100ml Grab Monthly -
Ammonia nitrogen mg/L Grab Monthly
Nitrate as nitrogen mg/L Grab Monthly
Nitrite as nitrogen mg/L Grab Monthly
Organic Nitrogen mg/L Grab Monthly
Total Dissolved Solids mg/L Grab Monthly
Sulfate mg/L Grab Monthly
Chloride mg/L Grab Monthly
Boron mg/L Grab Monthly
10 632
City of Santa Paula
Santa Paula Waler Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
Table 4 - Groundwater Monitoring
Type of Sample Minimum
Constituents Units Frequency of
Analysis1
2l
Constituents listed in Various Grab Annually Attachments A-1 to A-5 CECs in Attachment C µg/L Grab Once within 6
Months and every
5 Years
thereafter
Remaining Priority Pollutants µg/L Grab Annually in Attachment D Table Notes:
[1) Annual samples shall be collected during the dry season each year. [2) Water level elevations must be measured to the nearest 0.01 feet, and referenced to mean sea level.

D. Monitoring of Effluent Flow to Percolation Ponds
The City shall record the volume in gallons per day (GPO) of treated wastewater discharged to the three percolation ponds. This information shall be submitted as part of the quarterly monitoring reports.

V. GENERAL MONITORING AND REPORTING REQUIREMENTS
A. The City shall comply with all Standard Provisions (Attachment B) related to monitoring, reporting, and recordkeeping.

B. For every requirement not met, the City shall submit a statement of the actions undertaken or proposed that will bring the treated effluent into full compliance with requirements at the earliest possible time, and submit a timetable for implementation of the corrective measures.

C. Monitoring reports shall be signed by either the principal Executive Officer or ranking elected official. A duly authorized representative of the aforementioned signatories may sign documents if:

1. The authorization is made in writing by the signatory;

2. The authorization specifies the representative as either an individual or position having responsibility for the overall operation of the regulated facility or activity; and

3. The written authorization is submitted to the Regional Board Executive Officer.

D. The monitoring report shall contain the following completed declaration:
11 633
City of Santa Paula
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
"I certify under penalty of law that this document, including all attachments and supplemental information, was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment." Executed on the _day of __ at __ _
----------Signature
Title ---------~
E. The City shall retain records of all monitoring information, including all calibration and maintenance, monitoring instrumentation, and copies of all reports required by this Order, for a period of at least three (3) years from the date of sampling measurement, or report. This period may be extended by request of the Regional Board at any time and shall be extended during the course of any unresolved administrative proceeding or judicial litigation regarding the regulated activity.

F. Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements;

2. The individual(s) who performed the sampling or measurements;

3. The date(s) analyses were performed;

4. The individual(s) who performed the analysis;

5. The analytical techniques or methods used; and

6. The results of such analyses.

G. The City shall submit to the Regional Board, together with the first monitoring report required by this Order, a list of all chemicals and proprietary additives that could affect the quality of the treated effluent. Any subsequent changes in types and/or quantities shall be reported promptly. An annual summary of the quantities of all chemicals, listed by both trade and chemical names that are used in the treatment process shall be included in the annual report.

VI. WASTE HAULING REPORTING
In the event that waste sludge, septage, or other wastes are hauled offsite, the name and address of the hauler shall be reported, along with types and quantities hauled during the reporting period and the location of final point of disposal. In the event that no wastes are hauled during the reporting period, a statement to that effect shall be submitted in the quarterly monitoring report.
12 634
City of Santa Paula
Santa Paula Water Recycling Facility
VII. PRETREATMENT REPORTING
Monitoring and Re1>orting Program No. Cl-9259
File No. 06·189
The City shall submit annual reports to the Regional Board, with copies to the State Board, and US EPA Region 9, describing the City's pretreatment activities over the period.

A. The annual reports shall identify:

1. All significant industrial users (SIUs) that violated any standards or reporting requirements during that year;

2. The violations committed;

3. The enforcement actions undertaken; and

4. The status of active enforcement actions from previous periods, including closeouts (facilities under previous enforcement actions that attained compliance during the quarter).

B. By March 1 of each year, beginning January 1, 2018, the City shall submit an annual summary report to the Regional Board describing the pretreatment activities within the service area during the previous year. In the event that any control authority within the service area is not in compliance with any conditions or requirements of this Order or their approved pretreatment program (such as due to industrial user discharges, interjurisdictional agency agreement implementation issues, or other causes,) then the City shall also include the reasons for noncompliance and state how and when the City and the control authority shall comply with such conditions and requirements. The report shall contain, but not be limited to, the following information:

1. A summary of analytical results from representative, flow-proportioned , 24-hour composite sampling of the SPWRF's influent and effluent wastewaters for those pollutants that are known or suspected to be discharged by industrial users (I Us) as identified by the pretreatment program.

2. The summary shall include the result of annual full priority pollutant scan, with quarterly samples analyzed only for those pollutants detected in the full scan.

3. The City shall also provide any influent or effluent monitoring data for non-priority pollutants that the City believes may be causing or contributing to Interference, Pass Through or adversely impacting sludge quality.

4. Sampling and analysis shall be performed in accordance with the techniques prescribed in pretreatment program and amendments thereto.

5. A discussion of any upset, interference, or pass-through incidents at the treatment plant (if any), which the City knows or suspects were caused by IUs of the SPWRF system. The discussion shall include the following:
i. The reasons why the incidents occurred, the corrective actions taken, and, if known, the name and address of the IU(s) responsible. 13 635
City of Santa Pau la
Santa Paula Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189

11. A review of the applicable pollutant limitations to determine whether any additional limitations, or changes to existing requirements, may be necessary to prevent pass through, interference or noncompliance with sludge disposal requirements, if any.

6. A complete and updated list of the City's significant industrial users (SIUs), including names, Standard Industrial Classification code(s) and addresses, and a list of any SIU deletions and/or additions.

7. The City shall provide a brief explanation for each deletion. The SIU list shall identify the SIUs equivalent to Federal Categorical Standards by specifying which standards are applicable to each SIU. The list shall also indicate which SIUs are subject to local limitations and those that are not subject to local limits.

8. A list or table characterizing the industrial compliance status of each SIU, including:
i. SIU name and address;
ii. Industrial category;
iii. The type (processes) of wastewater treatment in place; iv. Number of samples taken by the SPWRF during the year; v. Number of samples taken by the SIU during the year;
vi. Whether all needed certifications (if allowed) were provided by SIUs that have limits for total toxic organics;
vii. Regional Standards violated during the year, reported separately; vi ii. whether the SIU at any time in the year was in Significant Noncompliance (SNC), equivalent to that defined in 40 C.F.R. section 403.12(f)(2)(vii); ix A summary of enforcement actions against the SIU taken during the year, including the type of action, final compliance date, and amount of fines assessed/collected (if any). Proposed actions, if known, should be included; and
x. Number of inspections conducted at each SIU during the year.

9. A compliance summary table that includes:

1. SI U's which were in SNC at any time during the year; ii. The total number of SIUs that are in SNC with pretreatment, compliance schedules during the year; and
iii. The total number of notices of violation and administrative orders issued against SIUs during the year:
14 636
City of Santa Paula
Santa Pau la Water Recycling Facility
Monitoring and Reporting Program No. Cl-9259
File No. 06-189
a. The total number of civil and criminal judicial actions filed against SIUs during the year;
b. The number of SIUs that were published as being in SNC during the year; and
c. The number of I Us from which penalties were collected during the year. 1 O. A short description of any significant changes in operating the pretreatment program that differ from the previous year including, but not limited to changes concerning:
i. The program's administrative structure;
ii. Local industrial discharge limitations;
iii. Monitoring program or monitoring frequencies;
iv. Legal authority or enforcement policy;
v. Funding mechanisms; and
vi. Resource requirements and/or staffing levels.
·11 . A summary of the annual pretreatment budget, including the cost of pretreatment program functions and equipment purchases.

12. A summary of public participation activities to involve and inform the public.

13. A description of any changes in sludge disposal methods and a discussion of any concerns not described elsewhere in the report.

14. The cumulative number of industrial users that the City has notified regarding Baseline Monitoring Reports and the cumulative number of industrial user responses.

15. The City shall submit the quarterly compliance status reports and the annual pretreatment report to the Regional Board.

VIII. MONITORING FREQUENCIES
The Regional Board Executive Officer is delegated authority to revise this Monitoring and Reporting Program, including monitoring frequencies and parameters. The City may make a request (with justification) to reduce the monitoring frequency or to modify the list of monitoring constituents. The City shall not make any adjustment until the Executive Officer provides written approval after determining that the request is adequately justified. 15 637
Water Boards
Los Angeles Regional Water Quality Control Board
February 15, 2018

CERTIFIED MAIL
~ ~ E DMUND CJ . B ROWN J A.

GOYEANOA
Michael Rock, City Manager
City of Santa Paula
970 Ventura Street

RETURN RECEIPT REQUESTED
CLAIM NO. 7017 1450 0002 1559 0539
Santa Paula, CA 93061
WASTE DISCHARGE REQUIREMENTS ORDER NO. R4-2018-0022 AND CEASE AND DESIST ORDER NO. R4-2018-0023 FOR SANTA PAULA WATER RECYCLING FACILITY (SPWRF) - CITY OF SANTA PAULA (FILE NO. 06-189, Cl NO. 9259, GLOBAL ID WDR100000849)
Dear Mr. Rock:

Our letter of February 5, 2018, transmitted the second revised tentative Waste Discharge Requirements and Cease and Desist Order (WDRs/CDO) for the Santa Paula Water Recycling Facility -the City of Santa Paula.

Pursuant to Division 7 of the California Water Code, the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) at a public meeting held on February 8, 2018, reviewed the second revised tentative WDRs/CDO, considered all factors in the case, and adopted WDRs Order No. R4-2018-0022 and COO No. R4-2018-0023 (copies enclosed) relative to this discharge. The adopted WDRs/CDO will be posted on the Regional Board's website at:
http://www.waterboards.ca.gov/losangeles/board decisions/adopted orders/ The City of Santa Paula shall comply with the Electronic Submittal of Information (ESI) requirements by submitting all reports required under the WDRs/CDO, including groundwater monitoring data, discharge location data, and searchable Portable Document Format of monitoring reports to the State Water Resources Control Board GeoTracker database under Global ID WDR100000849.

If you have any questions, please contact the Project Manager, Dr. Don Tsai at (213) 620-2264 ([email protected]), or me at (213) 576-6683 ([email protected]).

Sincerely,
Eric
~-~ Wu, Ph.D., PE
Chief of Groundwater Permitting Unit
320 WHI 4" SL. S111i. 200. Loo Ang1la1 CA 90013 I wwwwatorboards.ca.gov~angelu 0 RECYUED PAPER
638
Mr. Michael Rock
City of Santa Paula
Enclosures:
- 2 - February 15, 2018

1. Waste Discharge Requirements Order No. R4-2018-0022

2. Attachments A to E

3. Cease and Desist Order No. R4-2018-0023
cc (via email): Mr. John Ilasin - City of Santa Paula
Mr. Jim Kuykendall - Stantec
Ms. Ashli Desai - Larry Walker Associates
Ms. Stephanie Medina, Heal the Bay
Mr. William C. Stratton, County of Ventura Environmental Health Division Mr. Jeff Pratt, Ventura County Public Works Agency
Mr. Chris Theisen, Ventura Regional Sanitation District Mr. Mauricio E. Guardado, United Water Conservation District Department of Fish and Game, Region 5
Ventura County Waterworks District 16
Mr. Donald Westerdale
Mr. David Lippert
Mr. Norman Bigott
Ms. Kate Neiswender
Ms. Katherine Malzacher
Dr. Edo McGowan
Mr. David W. Rowlands, City of Fillmore
639

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

LOS ANGELES REGION
320 West 4'" Street, Suite 200, Los Angeles, California 90013 (213) 576-6660 •Fax (213) 576-6640
hllp://www.waterboards.ca.gov/losangeles/
CEASE AND DESIST ORDER NO. R4-2018-0023
FILE NO. 06-189

REQUIRING CITY OF SANTA PAULA

TO UNDERTAKE ACTIONS TOWARD COMPLIANCE WITH

CHLORIDE REQUIREMENTS IN WASTE DISCHARGE REQUIREMENTS FOR

DISCHARGES FROM SANTA PAULA WATER RECYCLING FACILITY
The California Regional Water Quality Control Board, Los Angeles Region (Regional Board) finds:

1. The City of Santa Paula (City or Discharger) is the owner of the Santa Paula Water Recycling Facility (SPWRF), a Publicly-Owned Treatment Works (POTW), located at 920 Corporation Street in Santa Paula, California. The SPWRF is operated by American Water and discharges tertiary-treated wastewater to groundwater via three percolation ponds adjacent to the facility.

2. The SPWRF treats wastewater generated within the City and is designed for a flow of 4.2 million gallons per day (MGD). Based on the discharge records between July 2010 and June 2017, the monthly average effluent discharged from the SPWRF ranged between 1.36 and

2.44 MGD, with an average of 1.86 MGD.

3. Tl1e wastewater treatment process at the SPWRF consists of preliminary treatment (coarse and fine mechanical screening and grit removal at the Influent Lift Station), flow equalization (two flow equalization tanks), secondary treatment (three aeration tanks with nitrification and denitrification activated sludge), tertiary treatment (six biomembrane reactors, providing further carbonaceous oxidation, nitrification/denitrification and solids removal to meet the limits of the WDRs), and disinfection (UV). Treated and disinfected effluent is discharged to three percolation ponds. The returned activated sludge is treated at two of three aerobic digesters (one aerobic digester is for backup) after being thickened at two thickeners. The solids generated at the aerobic digesters receive final dewatering at the screw dewatering press. Final solids meeting the United States Environmental Protection agency (USEPA) Class B reuse standards are sent to the Ventura County Regional Bio-Solids facility.

4. The SPWRF is able to meet all final effluent limitations in the City's waste discharge requirements (WDRs) except for chloride. This is due to the SPWRF not being designed to remove chloride. Since the SPWRF has no ability to remove chloride, chloride is passed through to the effluent and then groundwater via discharges to the percolation pond. Noncompliance with chloride effluent and groundwater limitations is the most problematic issue with the SPWRF. Table 1 summarizes the chloride concentrations of effluent discharged from the SPWRF.

February 8, 2018
640
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
Table 1 - Annual Average Chloride ConcentrationsC11 (milligrams/liter, mg/L) in SPWRF Effluent
Period Effluent of SPWRF
2010 156
2011 153
2012 149
2013 155
2014 145
2015 134
2016 137
2017 (Jan - Jun) 141
Rangec21 144.4 ± 8.2
Table Notes:
(1 ) All data collected from grab samples.
(2) Data range is based on one standard deviation.

A. The monthly effluent chloride concentration ranged from 125 to 166 mg/L between July 2010 and June 2017, which continuously exceeded the chloride effluent limitation of 11 O mg/L. This has led to an escalation of the chloride concentrations in groundwater below and surrounding the three percolation ponds with a range of 121 to 168 mg/Land an average of 140 mg/L since July 2010. The groundwater and effluent data indicate that the chloride discharges from the SPWRF have impacted the receiving groundwater quality in the vicinity of the SPWRF. 8 . The elevated chloride concentrations in the effluent were believed to be associated with the approximately 1,250 Self-Regenerating Water Softeners (SRWS) installed in the households of the City. These SRWS generate brine containing elevated chloride concentrations, which are discharged to sewers and delivered to the SPWRF as influent.

C. According to the effluent data collected between October 2015 and June 2017, a total of 2,479 pounds/day (lbs/day) of chloride, based on the effluent flow rate of 2.2 MGD (95 percentile of monthly average effluent flows, resulting from data recorded between October 2015 (beginning of the SRWS Buyback Program) and June 2017] and a chloride effluent concentration of 135 mg/L, were discharged to the groundwater underlying the percolation pond.

5. The Regional Board issued three Notices of Violation (NOVs), described below, to the City for exceedances of the chloride effluent and groundwater limitations in Order No. R4- 2007-0028. These NOVs required the City to implement corrective and preventative actions to bring the City's discharge into full compliance with chloride effluent limitations and receiving water requirements specified in Order No. R4-2007-0028, previously adopted by this Regional Board on May 3, 2007.
2 641
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
A. The November 3, 201 1 NOV summarized chloride limit exceedances between the second quarter of 2010 and the third quarter of 2011 . These violations included 15 exceedances of chloride and one exceedance of total nitrogen, di(2-ethyl)phthalate, and dioxin in effluent; and 1 exceedance of sulfate, 5 exceedances of chromium, 1 O exceedances of aluminum, 1 exceedance of nickel and boron and nitrate plus nitrite, and 26 chloride exceedances of groundwater limitations.

B. The December 30, 2014 NOV summarized 36 and 88 chloride exceedances in effluent and groundwater, respectively, between the fourth quarter of 2011 and the third quarter of 2014.

C. The March 20, 2017 NOV summarized 27 and 50 chloride exceedances in effluent and groundwater, respectively, between the fourth quarter of 2011 and the fourth quarter of 2016.

6. The City's efforts to reduce the chloride concentration in the influent to the SPWRF are summarized below:

A. The City identified that the influent to the SPWRF contains brine with elevated chloride concentration from Self-Regenerating Water Softeners (SRWS). There are approximately 1,250 residential SRWS used in the City.

B. On September 5, 2006, the City established Ordinance No. 1160 prohibiting the installation or replacement of residential SRWS.

C. On June 22, 2015, the City adopted Resolution No. 6918 approving a SRWS Buyback and Incentive Program. This program offers a financial incentive to residents to voluntarily remove SRWS. A Kick-Off SRWS Buyback event was held on September 19, 2015. The removal of SRWS under this program began in October 2015. As of September 30, 2017, 255 of the approximately 1,250 SRWS have been removed.

Table 2 summarizes the progress of SRWS removal by comparing the monthly average chloride concentration in the effluent compared to the accumulated number of SRWS removed . A reliable decreasing trend for chloride has not been observed in the effluent.

Table 2 - Monthly Average Chloride ConcentrationPI in Effluent Compared to Accumulated Number of SRWS Removed
Period Accumulated Number Effluent (mg/L) of SRWS Removed April 2015 0 135
May 2015 0 134
June 2015 0 132
July 2015 0 136
August 2015 0 134
September 2015 0 129
October 2015 23 132
3 642
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
Table 2 - Monthly Average Chloride Concentrationl
1 1 in Effluent Compared to
Accumulated Number of SRWS Removed
Period Accumulated Number Effluent (mg/L) of SRWS Removed November 2015 46 133
December 2015 58 129
January 2016 74 146
February 2016 83 139
March 2016 96 138
April 2016 106 137
May 2016 115 138
June 2016 122 138
July 2016 125 134
August 2016 135 125
September 2016 158 133
October 201 6 166 142
November 2016 196 140
December 2016 200 141
January 2017 220 146
February 2017 228 157
March 2017 233 143
April 2017 236 131
May 2017 243 134
June 2017 244 134
July 2017 247 129
August 2017 254 125
September 2017 255 129
Monthly Ranger
21 --- 136.4 ± 7.4
Table Notes:
(1]. All data collected from grab samples.
(2]. Data range is based on one standard deviation and results from data collected between October 2015 and September 2017.

7. To address the City's chloride exceedances in the effluent and groundwater, the Regional Board required the City to submit a Chloride Reduction Workplan. Board staff also met 4 643
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
with the City on several occasions to discuss the City's chloride exceedances. A summary of these events are as follows:

A. On December 19, 2013 and May 11, 2015, the Regional Board met with the City to discuss its Chloride Reduction Workplan. The City's Chloride Reduction Workplan includes the following tasks:
i. Prohibit SRWS installations or replacements;
ii. Implement a SRWS Buyback Program;
iii. Implement a Recycled Water Program to reduce effluent discharged to the three percolation ponds; and
iv. Implement Supplemental Strategies, if needed, including advanced treatment (e.g. reverse osmosis) and disposal of brine.

B. On January 28, 2016, Regional Board staff discussed with the City the necessary actions to reduce the chloride concentration in the effluent, which included the SRWS Buyback Program. The City also proposed to explore application of recycled water at locations other than identified groundwater hot spots and to conduct groundwater impact investigation and remediation activities. The City was notified that detailed schedules and milestones were required for all actions.

C. On March 8, 2016 and September 14, 2016, the City met with Regional Board staff to provide an update of its SRWS Buyback Program efforts. The City noted that five City employees were deployed to conduct door-to-door visits to encourage participation in the SRWS Buyback Program among 7,500 dwellings within the City.

D. On October 31 , 2016, the City met with Regional Board staff to provide an update on the following topics:

1. Status of implementing the chloride compliance strategy and potential for reduction of effluent discharged to the three percolation ponds via the City's Recycled Water Program;
ii. Assimilative capacities for chloride at different groundwater locations beneath the City based on the Salt and Nutrient Management Plan for the Lower Santa Clara River Basin; and
iii. Groundwater hot spots (i.e., chloride impaired areas with no assimilative capacity for recycled water applications) in the City.

8. On July 9, 2015, the Reg ional Board adopted Resolution No. R15-007, an amendment to the Basin Plan that incorporated stakeholder-developed groundwater quality management plan for salts and nutrients in the Lower Santa Clara River groundwater basins. Groundwater quality management measures were developed by stakeholders as part of the Salt and Nutrient Management Plan (SNMP) for the Lower Santa Clara River Basins in Ventura County. Such plans are a requirement of the State Water Resources Control Board's (State Water Board) Recycled Water Policy and are intended to maintain high quality waters and 5 644
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
to protect the beneficial uses of groundwater while promoting recycled water use throughout the state. The SNMP utilized a groundwater quality model that characterized the water quality in the Santa Paula Basin and examined the degree of impairment to water quality in the Basin. The model shows there is available assimilative capacity for salts and nutrients, including chloride, in most areas of the Santa Paula Basin to allow for recycled water projects consistent with the Recycled Water Policy. As described below, the City is planning to recycle effluent that is currently discharged to the percolation pond.

9. The City developed and utilized a simple spreadsheet mixing model, the Groundwater Chloride Transportation Model (Chloride Model), to analyze the effect of future effluent discharges on groundwater over time at various distances from the percolation pond. The City's modelling assumed some degradation of groundwater with respect to chloride within a limited range of mixing zone radius below and adjacent to the SPWRF, measured from the boundaries of the percolation pond. This distance is the maximum allowable distance where SPWRF effluent disposed to the percolation pond can mix with groundwater and result in receiving water chloride concentrations of 110 mg/L or less in order to provide protection to groundwater beneficial uses at the first encountered water supply wells which are at 150 feet away from the percolation ponds. Groundwater within the mixing zone will exceed the chloride GOO of 11 O mg/L. Mass-volume balance calculations along with Darcy's Law are used to account for travel in porous media. The Chloride Model simulates instantaneous and complete mixing of ambient groundwater with effluent seepage reaching the water table from the percolation pond using SPWRF data for flow and chloride effluent concentrations. It was conservatively assumed that any effluent discharge to the percolation pond would infiltrate into the underlying aquifer and not be dive1ied for other uses.

Groundwater parameters within the spreadsheet model were selected based on recent monitoring reports in order to be representative of average conditions within the vicinity of the SPWRF. The Chloride Model assumes an initial volume of groundwater underlying the ponds possessing background chloride concentrations of 136 mg/L. The volume of the existing groundwater body is calculated as the product of the radius of interest (150-1200 feet), an assumed saturated thickness of potentially impacted groundwater (50 feet), and the porosity of the underlying sediments (assumed to be 0.2) based on the low end of published literature values for a sand and gravel mixture. Based on the regional groundwater quality data documented in the SNMP, regional groundwater inflow is assumed to have a chloride concentration of 91 mg/L.

On December 14, 2016, Regional Board staff met with the City to discuss the results of the Chloride Model, which evaluated compliance with the groundwater quality objectives beneath and adjacent to the three percolation ponds, for various discharge scenarios.

Based on Regional Board staff's comments, the City implemented additional discharge scenarios in the Chloride Model, which was discussed in meetings held on February 8, 2017, February 17, 2017, July 24, 2017, and August 7, 2017.

10. The Chloride Model simulated chloride concentrations in the receiving groundwater resulting from chloride mass loading reduction in the three percolation ponds. The Model predicted GQOs being achieved at 150 feet away from tl1e percolation pond when the total mass of chloride in the effluent is significantly reduced. The initial mass of chloride is calculated based on the average chloride effluent concentration of 135 mg/L and the discharge rate of

2.2 MGD, which results in 2,479 pounds total mass of chloride discharged per day. The reduction of chloride mass discharged to the percolation pond can be achieved by improving the effluent chloride concentration (e.g., source control or treatment), or diverting a 6 645
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
significant amount of flow for recycled water uses, or a combination of both in order to protect water supply wells AW01 , AW02, and AW03, approximately 150, 150, and 300 feet, respectively, away from percolation pond. Water produced from these wells is primarily for agricultural irrigation use.

To achieve the chloride GQO of 110 mg/L in groundwater at least 150 feet away from the percolation pond, the City provided various effluent chloride concentration and allowable flow combinations (Table 3). Based on the hydrology and hydrogeologic condition at the SPWRF percolation ponds area, the hig her the concentration of chloride in the effluent, the less volume and mass can be discharged to percolation ponds to comply with the chloride GQO in the Basin Plan. For example, if the chloride concentration in the effluent is 135 mg/L, only 0.07 MGD, which is equivalent to 79 pounds of chloride per day, could be discharged to the percolation pond to achieve the chloride GQO of 110 mg/L at 150 feet away from the percolation pond. If the chloride concentration in the effluent is reduced to 120 mg/L, then more flow (0.2 MGD) can be discharged to the percolation pond and achieve the chloride GQO 150 feet away from the percolation pond.

Table 3 - Groundwater Chloride Transportation Model - Continuous Discharge Chloride Effluent Flow to Percolation Allowable Effluent Chloride Concentration Ponds (% of 2.2 Mass Load to Groundwater
Groundwater Concentration at MGD) (Daily) 150 feet
1~5 mg/L 0.07 MGD (3.2%) 79 pounds (lbs) 110 mg/L - - - 130 mg/L 0.1 MGD (4.5%) 108lbs 110 mg/L 125 mg/L 0.13 MGD (5.9%) 135 1bs 110 mg/L
120 mg/L 0.2 MGD (9.1 %) 200lbs 110 mg/L
115 mg/L 0.4 MGD (18.2%) 384 lbs 110 mg/L
11 . To achieve compliance with the chloride GQO and to conserve potable water, the City plans to reduce the volume of effluent, and thus a reduction of the chloride mass discharged to the percolation pond by providing recycled water for various local uses. The Regional Board has evaluated the planned recycle projects and has determined that they will be consistent with the State Water Board's Recycled Water Policy and will still preserve available assimilative capacity within the Santa Paula Basin consistent with the SNMP. The massbased effluent limitation for chloride in the City WDRs reflects the City's chosen compliance option. The groundwater limitations are based on the GQOs in the Basin Plan.

12. On December 22, 2015, the City submitted the Recycled Water Program Technical Report and Notice of Intent with the Title 22 Engineering Report to the State Water Board's Division of Drinking Water (DOW) for approval. DOW conditionally approved the Title 22 Engineering Report on August 19, 2016. On June 14, 2017, the Regional Board enrolled the City's recycled water program under separate Water Reclamation Requirements for Recycled Water Use Order WQ 2016-0068-DDW, issued by the State Water Board on June 7, 2016.

13. In the City's report, Chloride Load Reduction Milestones, submitted to the Regional Board on March 14, 2017, the City included the construction of reverse osmosis treatment at the 7 646
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
SPWRF as an option (under Supplemental Strategies), if needed, in order to comply with the chloride groundwater quality objective of 11 O mg/L. The City will continue its source control efforts to remove SRWSs and will first focus on recycling most of its effluent in order to bring the groundwater back into compliance with GOOs. Progress with these efforts will be assessed at Year 2022 and determination will be made as to whether advanced treatment will be required to meet the chloride GOO at Year 2027. If advanced treatment is required, effluent limits will be applied in a way to ensure protection of all beneficial uses, including salt-sensitive crops.

14. Due to the following reasons, the City cannot immediately comply with the chloride effluent and groundwater limitations prescribed in the City's WDRs, Order No. R4-2018-0022: (1) elevated chloride concentrations in the influent, (2) the wastewater treatment process not currently designed to remove chloride out of the waste stream, and (3) time needed to construct recycled water pipelines to deliver recycled water to users. In addition, the current progress of the City's SRWS Buyback Program does not reliably ensure that the SPWRF will comply with the chloride effluent and groundwater limitations. Therefore, the Regional Board has determined that issuance of this Cease and Desist Order (COO) is appropriate and necessary to put the City on the path towards compliance with the effluent and groundwater limitations for chloride set forth in the City's WDRs. This COO requires the City to comply with interim chloride effluent and groundwater limitations and implement actions pursuant to a prescribed time schedule.

By the end of the COO schedule, there will be permitted degradation of groundwater with respect to chloride within a limited mixing zone radius downgradient and adjacent to the SPWRF percolation ponds, measured from the boundaries of the percolation pond to 150 feet. This distance is the shortest distance where SPWRF effluent disposed to the percolation pond can mix with groundwater and result in receiving water chloride concentrations of 110 mg/Lor less. Groundwater within the 150-foot mixing zone will exceed the chloride GOO of 110 mg/L. Based on the available data, there are no water supply wells within the 150-foot mixing zone. The City can arrange for alternative water supplies for any well owners in the mixing zone, if any are discovered.

15. California Water Code (CWC) section 13301 provides in pertinent part "When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a) comply forthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action ... Cease and desist orders may be issued directly by a board, after notice and hearing."

16. As a result of the historical monitoring data and other activities described in this COO, the Regional Board finds that a discharge of waste is taking place or threatening to take place in violation of requirements or discharge prohibitions prescribed by the Regional Board in the City's WDRs, Order No. R4-2018-0022. This COO requires the City to take appropriate remedial action and to comply in accordance with the time schedule set forth below. The compliance schedules provide the City sufficient time to achieve compl iance with the chloride requirements in its WDRs.

B
647
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2010-0023
File No. 06-189

17. This Order includes interim effluent and groundwater limitations, identified below, and actions and milestones proposed by the City leading to compliance with the effluent and groundwater limitations for chloride. The interim effluent and groundwater limitations are based on gradual reductions in chloride mass loading. The established compliance schedule is as short as possible, taking into account the technological, operation, and economic factors that affect the design, development, and implementation of the remedial actions that are necessary to comply with the effluent and groundwater limitations.

18. A COO is appropriate in these circumstances to allow time for the City to implement recycled water projects and continue its SRWS Buyback Program to bring the SPWRF into compliance with the effluent and groundwater limitations. The temporary exceedances allowed by this COO are in the public interest given the significant environmental benefits associated with reducing chloride loading to groundwater to promptly achieve compliance with the effluent and groundwater limitations, and to allow for recycled water use throughout the City of Santa Paula, especially in light of California's historic drought and predictions for future climatological effects from climate change.

19. ewe section 13267 provides in pertinent part:
(a) A regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement or authorized by this division, may investigate the quality of any waters of the state within its region.
(b)(1) In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region .. . shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.

20. The technical and/or monitoring reports required by this COO are necessary to assure compliance with the WORs Order No. R4-2018-0022 and this COO. The City operates the SPWRF that produces and discharges the waste subject to WORs. The actions and reports required by this COO are directly related to the City's compliance with these requirements and do not require expense that is not already required pursuant to the WORs. This COO provides time for the City to comply and to spread costs over several years. The burden of these actions and reports bears a reasonable relationship to the need for the actions and reports.
21 . This COO concerns an existing facility and does not significantly alter the status with respect to the SPWRF. The issuance of this Order is an enforcement action by a regulatory agency and is being taken for the protection of the environment. Therefore, issuance of this Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21100, et seq.) in accordance with sections 15061 (b)(3), 15301, 15306, 15307, 15308, and 15321(a)(2) of Title 14 of the California Code of Regulations. 9 648
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189

22. The Regional Board has notified the City and interested agencies and persons of its intent to issue this COO concerning compliance with the WORs. The Regional Board accepted written comments, and heard and considered all comments and evidence pertaining to this matter in a public hearing.

23. Any person aggrieved by this action of the Regional Board may petition the State Water Board to review the action in accordance with California Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at http://www.waterboards.ca.gov/public notices/petitions/water quality or will be provided upon request.

THEREFORE, IT IS HEREBY ORDERED that, pursuant to California Water Code sections 13301 and 13267, the City of Santa Paula, as owner of the SPWRF, shall comply with the following measures to ensure compliance with Order No. R4-2018-0022:

1. Cease and desist discharging chloride in violation or threatened violation of Order No. R4- 2018-0022. No term or condition of Order No. R4-2018-0022 is superseded or stayed by this COO.

2. The discharge of treated wastewater from the SPWRF shall not cause the exceedance of the following groundwater limitations in Table 4 below. Comply immediately with the interim effluent and groundwater limitations for chloride prescribed in Table 4, below, and in accordance with the following schedule.

Table 4 - Interim Chloride Limitations
Effluent Limitation Mass Reduction Groundwater Deadline (Monthly Average) Limitation (Monthly
'
Average)
2,4 79 lbs/dayf1l 0% 136 mg/L[2
1 February 8, 2018
2,231 lbs/dayc11 10% 136 mg/LC2J February 8, 2020
1,983 lbs/day[1J 20% 136 mg/LC21 February 8, 2021
1,240 lbs/day[11 50% 131 mg/LC11 February 8, 2023
7 44 lbs/day[11 70% 129 mg/LC11 February 8, 2025
124 lbs/dayc11 95% 114 mg/U11 February 8, 2027
Footnote:
['I] Based on the City's C/1/oride Load Reduction Milestones dated August 8, 2017. [2]. Based on the 951h percentile of chloride effluent concentrations during the implementation of the SRWS Buyback Program from October 2015 to September 2017. 10 649
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189

3. Comply with the following remedial actions and milestones according to the time schedule below:

A. By May 1, 2018, the City shall submit a technical report evaluating the long-term effectiveness of the SRWS Buyback Program for the reduction of chloride concentration in the SPWRF's effluent and the groundwater.

B. By August 1, 2018, the City shall submit a Groundwater Chloride Investigation and Well Protection Workplan (with schedules and milestones) for the Executive Officer's review and approval. The City shall implement this Workplan within 120 days from the Executive Officer's approval. The Workplan shall:
i. Identify the names/numbers and locations of the groundwater monitoring wells to determine site-specific groundwater flow direction and gradient for the purposes of adequately assessing any impacts of chloride discharges to the quality of the receiving groundwater;
ii. Identify all water supply wells that may be influenced by the discharge of chloride from the SPWRF, the well structures, ownership and associated groundwater quality; and
iii. Include an approach to ensure that groundwater quality influenced by the discharge of chloride from the SPWRF and delivered from agricultural water supply wells to irrigate salt-sensitive crops be no higher than 117 mg/L. Alternatively, the City may voluntarily provide alternative water supplies to private well owners to irrigate saltsensitive crops, upon request by the well owners.

C. By February 1, 2019, the City shall submit the infrastructure design for recycled water delivery from the SPWRF, including all layouts of recycled water use pipelines and pump stations.

D. By August 1, 2020, the City shall complete all necessary regulatory requirements, including compliance with the California Environmental Quality Act (CEQA), and obtain all necessary permits for construction and/or installation of pipelines.

E. By May 1, 2022, the City shall complete infrastructure construction and/or installation of recycling pipelines for recycled water delivery and uses.

F. By August 1, 2022, if the City's recycled water efforts are not on track to meet the 50% mass reduction requirement in accordance with Table 4, above, the City shall develop an alternative approach, or combination of approaches, for effluent chloride reduction.

A stakeholder working group should be assembled as alternatives are discussed and recommended. Stakeholders should include neighboring property owners, local water agencies, and agricultural growers of salt-sensitive crops. Alternatives that can be considered include, but are not limited to, treatment or partial treatment of chloride in the effluent, wellhead treatment, a proposed Basin Plan amendment for Regional Board consideration (e.g., averaging period and/or a site-specific chloride GQO) that would protect beneficial uses, and other combinations of approaches to remediate the local groundwater and protect beneficial uses.
11 650
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
G. If the City has not achieved the required 50% mass reduction in accordance with Table 4, above, the City shall submit an Alternative Effluent Chloride Mitigation Workplan to the Reg ion al Board by March 15, 2023 for Executive Officer review and approval. The Workplan shall identify the City's alternative approach, or combination of approaches, for effluent chloride reduction and shall include proposed interim milestones and deadlines.

If the City's alternative approach includes a proposed Basin Plan amendment for Regional Board consideration that would protect beneficial uses, the City shall include supporting scientific and technical information and analysis demonstrating that beneficial uses would be protected, as well as documentation that such a proposal was discussed in detail by the stakeholder working group. The City shall present the alternative approach(es) identified in its Alternative Effluent Chloride Mitigation Workplan to the Regional Board as an information item at a regularly scheduled Board meeting by May 15, 2023. The City shall implement its Alternative Effluent Chloride Mitigation Workplan within 60 days of the Executive Officer's approval.

H. As soon as possible, but no later than February 8, 2028, the City shall achieve full compliance with the effluent and groundwater limitations for chloride prescribed in Order No. R4-2018-0022.

I. After each date listed in subsection A. through F. above, the City shall provide a verbal report at the next regularly scheduled Board meeting pertaining to the compliance, or lack thereof, with the requirement.

J. Subsections F. and G., above, do not limit the City's ability to propose a Basin Plan amendment for Regional Board consideration prior to March 15, 2023. At any time during the term of this COO, the City may propose a Basin Plan amendment that the Regional Board will consider, including an averaging period and/or a site-specific chloride GQO that protects beneficial uses. As with subsection G., the City shall include supporting scientific and technical information and analysis demonstrating that beneficial uses would be protected, as well as documentation that such a proposal was discussed in detail by a stakeholder working group.
4 . Submit quarterly progress reports on the status of the City's compliance with the effluent and groundwater limitations for chloride in Order No. R4-2018-0022 and this COO.

A. Each quarterly progress report shall include, but is not limited to:
i. Continuous SRWS Buyback Program Assessment - The City shall report its progress on the SRWS Buyback Program and evaluate whether the Program is resulting in chloride reductions in the effluent and groundwater. 11 . Groundwater and Well Protection Program- The City shall report its progress on implementing the Grounclwater Chloride Investigation and Well Protection Workplan, including the actions taken to protect water supply wells influenced by the discharge of chloride from the SPWRF.
iii. Alternative Effluent Chloride Mitigation Implementation - The City shall provide the progress of implementing the alternative effluent chloride mitigation workplan and evaluate the compliance with the schedule and milestones set forth in the COO and WDRs.
12 651
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189
B. Quarterly progress reports shall be received by the Regional Board by the 301h day of the month following the end of each quarterly monitoring period according to Table 5, below. The first report is due by April 30, 2018.

Table 5 - Reporting Period and Due
Quarterly Report Reporting Period Report Due*
First Quarter January - March April 30
Second Quarter April - June July 30
Third Quarter July - September October 30
Fourth Quarter October - December January 30
Annual January - December April 30
*If a deadline falls on a Saturday, Sunday, or State holiday, the report must be received by the next business day.

5. Any person signing a document submitted under this COO shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

6. In accordance with California Business and Professions Code sections 6735, 7835, and 7835.1, engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. All technical reports specified herein that contain work plans for, that describe the conduct of investigations and studies, or that contain technical conclusions and recommendations concerning engineering and geology shall be prepared by or under the direction of appropriately qualified professional(s), even if not explicitly stated. Each technical report submitted by the City shall contain the professional's signature and/or stamp of the seal.

7. The City shall submit all reports required under this COO, including groundwater monitoring data in Electronic Data Format, well and discharge location data, and searchable Portable Document Format (PDF) of reports and correspondence, to the State Water Board's GeoTracker database under Global ID WDRs 100000849.

8. If the City fails to comply with any provision of this COO, the Regional Board may take any further action authorized by law. The Executive Officer, or his/her delegee, may take appropriate administrative enforcement action pursuant, but not limited to, California Water Code sections 13268 and/or 13350. The Regional Board may also refer any violations to the Attorney General for judicial enforcement, including injunction and civil monetary remedies. 13 652
City of Santa Paula
Santa Paula Water Recycling Facility
Cease and Desist Order No. R4-2018-0023
File No. 06-189

9. This COO may be reopened at the Regional Board's discretion to consider limits or other requirements for the SPWRF and may specifically be reopened to make revisions consistent with the City's efforts to reduce chloride discharge from the SPWRF.

10. This Order becomes effective immediately upon issuance.

I, Samuel Unger, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, Los Angeles Region, February 8, 2018.
~S:Mn&w 1 c. ~ Samuel Unger, P.E.

Executive Officer
14 653

EXHIBIT B

SCOPE OF SERVICES
The Scope of Services1 for this Agreement by VRSD include those listed below for operations, maintenance. repair, and replacement of facilities and equipment related to the City's WRF. Unless more specifically set forth in the Agreement, VRSD shall provide all labor, materials, and supplies as described in more detail below:

A. WRF Operations Management

1. PERSONNEL MANAGEMENT
a. VRSD shall operate, maintain, and monitor the WRF such that the WRF is staffed or monitored seven days per week, 24 hours per day. At a minimum, the WRF shall be staffed by qualified personnel between the hours of 7:00 AM and 4:00 PM every day of the year during the term of the Agreement.
b. VRSD shall guarantee and provide certified operations staff, as required by federal, state, and local laws, that include at a minimum:
i. One (1) Grade IV Operator as Chief Plant Operator.
ii. One (1) Grade Ill Operator as Operator-in-Charge at all times the plant is operating.
iii. Two (2) Grade II or I Operators.
iv. Part-Time Mechanic to be available on an "On call or as needed" basis. c. VRSD is authorized to lead and direct all crews assigned to the operation and maintenance of the WRF, as defined in Scope of Services, regardless of whether the crews are composed of VRSD employees, City employees, subcontractors, or City-retained consultants, engineers, or VRSDs. d. VRSD shall be responsible for training of personnel to maintain their certification and improve their knowledge.
e. VRSD shall implement the Site-Specific Safety Plan, which is incorporated herein by referenced, and adhere to all OSHA requirements for all personnel employed or managed by OPERA TOR who are involved with the WRF.
1 See also Agreement, Article l, section f. "Services" and Article 3: Scope of Services 654

2. ONGOING OPERATION, MAINTENANCE AND EMERGENCY REPAIR
a. VRSD shall comply with the CITY's existing WRF Operations and Maintenance (O&M) Manual and Standard Operating Procedures (SOPs), both the O&M Manual and SOPs are incorporated herein by reference, and may make appropriate changes, modifications, and edits to the O&M and SOPs to facilitate WRF compliance with Applicable Laws, Plans, Policies, and Regulations. VRSD agrees to make the O&M and SOPs visible and readily available for review at the Operations Building. b. VRSD shall maintain in good condition any CITY operating equipment, buildings, materials, supplies, documents , manuals, specification copies used by the VRSD and shall duly account to the CITY as a fiduciary thereof for those possessions until the time the CITY assumes the responsibilities relating to the respective function for which the property was utilized by VRSD. c. VRSD shall diligently respond to all service calls for outages, stoppages, overflows, breaks, or emergencies, if any, regarding wastewater treatment, and in no event later than one (1) hour after being notified of such incidents by the CITY.
d. VRSD will add or replace necessary chemicals to maintain acceptable quality levels necessary for operation of the WRF in accordance with Applicable Laws, Plans, Policies, and Regulations.
e. VRSD shall remove and dispose of trash and debris within the WRF site, including parking areas, percolation ponds and banks, and perimeter fencing. f. VRSD shall manage maintenance repairs for the CITY's WRF, through ongoing evaluation and documentation of WRF operations. g. VRSD shall maintain an adequate supply of spare parts to ensure continuous operation of the WRF at full capacity. VRSD shall prepare and maintain a list of required spares for CITY purchase. VRSD requests for repairs and replacements to the WRF must be submitted to the CITY with the proper documentation prior to performing the work, unless emergency conditions arise and action must be taken to prevent damage, injury, or system overflows or regulatory noncompliance. Any repairs and replacements determined by VRSD shall be approved by the CITY in accordance with CITY purchasing guidelines.
h. VRSD may either purchase materials and services necessary to perform the Scope of Services through the CITY's purchasing system and in accordance with City Purchasing Policy, which are incorporated herein by reference, or purchase materials and services necessary for urgent or emergency repairs directly and submit detailed receipts for reimbursement by the City.
655
i. VRSD shall have no responsibility or obligation for Capital Improvement Project expenditures, or making any capital improvements to the City's WRF unless authorized to do so in accordance with Section 6.4 of the Agreement.
j. VRSD shall complete and submit an overall WRF Condition Evaluation of the WRF assets within 120 days of Agreement effective date subject to the terms and conditions set forth in Section 6.2.
k. VRSD will cooperate with the CITY in enforcing all equipment warranties and guarantees, and administer and comply with all equipment warranty and guarantee requirements.

3. EMERGENCIES

4. a. In the event of an Emergency the VRSD shall immediately be prepared to implement the existing Emergency Response Plan, which is incorporated herein by reference. Emergencies within VRSD's capabilities should be resolved in a timely manner.
b. In any Emergency affecting the safety of persons or property, VRSD may act without written approvals from the City, at VRSD's discretion, to prevent threatened damage, injury, or loss of life.
c. If the CITY unreasonably refuses to approve or delays in giving its approval for the Emergency work as determined by VRSD, failure to perform any such Emergency work by VRSD shall not impose any liability for errors or omissions or Damages upon VRSD.

OVERFLOWS AND SPILLS
VRSD must use its best reasonable efforts to prevent WRF overflows utilizing the existing Overflow and Spill Contingency Plan that address spills, overflows, upsets, and WRF system or equipment failures. In the event VRSD discovers that overfall has left the WRF site, VRSD must immediately notify the CITY and prepare all required reports to the Regional Water Quality Control Board, Office of Emergency Services, and all other agencies to which reports are required to be made.

5. BIOSOLID MANAGEMENT
a. VRSD shall assure that all produced biosolids from the WRF are scheduled to be removed from the premises as required to minimize odors while maintaining cost 656
efficiency. VRSD shall provide copy of biosolids report to the CITY. Biosolids disposal for the WRF is currently provided under contract to Synagro, a composting facility in Kern County.
b. VRSD shall assist the CITY in maintaining all governmental approvals required for the disposal or beneficial use of sewage sludge.

6. ODOR CONTROL
VRSD shall actively pursue WRF management operations that reduce the generation of odors. VRSD shall perform ongoing maintenance and repairs that minimize the generation of odors.

7. HAZARDOUS WASTE
Any Hazardous Waste or Hazardous Materials generated by the WRF in any of its activities will be disposed of by VRSD, accordance with applicable federal and state laws.

8. ACCESS
a. VRSD will ensure that WRF is locked, alarm is set & properly working, and all gates are secured. VRSD will ensure alarms are tested monthly. b. VRSD will make access to the WRF available to CITY staff at all times, provide CITY staff with access codes and keys to facilities, and provide updated codes and keys to CITY staff within four (4) hours of making any changes.

9. LABORATORY MONITORING. REPORTING & COMPLIANCE
a. VRSD will arrange for sample collection and analysis of any parameters required for process monitoring or regulatory compliance that cannot be tested at the WRF laboratory. Currently only water quality parameters from the WDRs that can be tested at the facility are pH and dissolved oxygen.
b. VRSD will provide calibration and verification of accuracy of any in-house analytic monitoring equipment in accordance with EPA, State, and Laboratory QA/QC Program.
c. VRSD shall comply with all permitting and monitoring requirements of the Ventura County Air Pollution Control District (APCD).

10. FINANCIAL ACTIVITIES AND RECORDS
a. The VRSD shall retain, and furnish if the CITY requests, all books, records , documents, data, and other material relevant to all matters covered, directly or 657
indirectly, by this Agreement for a period of six (6) years after the expiration of this Agreement. The VRSD shall at all reasonable times during any Term and during said 6-year period, and as often as the CITY may deem necessary in its sole discretion, make available for examination, and permit the CITY or its designated authorized representative to audit and inspect all books, records, documents, data, and other material.
b. VRSD shall utilize computer and software systems that are compatible with CITY systems, such as Windows 7 or better and latest versions of Microsoft Office unless otherwise approved by the CITY. For example, the CITY utilizes the ESRI program and is contracted with the County of GIS. c. VRSD shall keep copies of all correspondence to and from regulatory agencies with regard to the operation and maintenance of the WRF. Such records will become property of the CITY and shall include, but not be limited to reports related to the WDRs.
d. VRSD will provide updates for record keeping and documentation of record drawings associated with the WRF, and repairs, maintenance, and construction.

11. REPORTING
a. VRSD shall prepare and submit monthly and annual regulatory reports in accordance with the current Waste Discharge Requirements ("WDR") and Monitoring and Reporting Plan ("MRP"). Such reports shall meet all reporting and monitoring requirements of Los Angeles Regional Water Quality Control Board and such reports will be uploaded to the SWRCB "Geotracker" database. b. VRSD shall be responsible for all permit requirements from Ventura County Air Pollution Control District, including all monitoring and reporting requirements under that permit.
c. VRSD shall daily record (and maintain log at the WRF), and prepare and submit Monthly Reports to the CITY detailing plant operations and maintenance activities including:
i. All repairs and preventative maintenance activities. ii. Odor complaints.
iii. Call-outs.
iv. Plant effluent water quality constituents for the month trended for the preceding twelve months.
v. Any constituents of regulatory concern.
vi. Plant disinfection effectiveness.
vii. Monthly discharge schedules.
viii. Monthly power consumption and cost trended for a twelve-month period. 658
ix. Sludge processing production.
x. Tour and visitor summary.
xi. Staffing details.
xii. Membrane operational parameters.
xiii. Facility maintenance summary.
xiv. Work orders issued, completed, and remaining open summary. xv. Equipment out of service report.
xvi. Safety and security report.
xvii. Status of capital improvements, maintenance, and repairs performed or coordinated.
d. Parties acknowledge and agree that ultimate legal responsibility and any legal liability for reporting noncompliance shall remain with the City. 659
Exhibit C
WRF Design Parameters
Average Flow
Peak Daily Flow
Influent COD
COD Loading at Annual Dry Weather Flow
Influent Oil & Grease
Annual Average Influent TSS
TSS Loading at Annual Dry Weather Flow
Influent BOD
BOD Loading at Annual Dry Weather Flow

3.4 MGD

7.2 MGD
736 mg/L
20,870 mg/L
15 mg/L
210 mg/L
5,955 lbs/day
321 mg/L
9, 102 lbs/day
660

EXHIBITD

VENTURA REGIONAL SANITATION DISTRICT

HOURLY RATES
JULY 1, 2020 THROUGH JUNE 30, 2021
FY 2020 FY 2021

CENTRAL AD MINISTRATION
Div. Pos. Title Hourlv OT
CA 110 Human Resources Technician $86 $ 129
CA 207 Administrative Assistant $86 $129
CA 601 Fiscal Assistant $88 $132
CA 605 Senior Fiscal Assistant $88 $132
CA 208 Executive Assistant/Clerk of the Board $ 104 $ 156 CA 103 Management Analyst $1 19 NA
CA 109 Senior Management Analyst $1 19 NA
CA 11 2 Safety Officer $119 NA
CA 607 Accountant $ 119 NA
CA 608 Senior Accountant $ 11 9 NA
CA 11 l Human Resources Manager $ 132 NA
CA 502 Director of Finance $ 175 NA
CA 50 1 General Manager $ 194 NA

OPERATIONS
Div. Pos. Title Hourly OT
WWW 209 Office Assistant $86 $ 129
WWW 207 Administrative Assistant $86 $129
WWW 909 W/WW Helper $69 $103
WWW 908 WIWW Worker $92 $ 138
WWW 911 Electrical/Mechanical Worker $ 105 $ 158
WWW 916 WIWW Operator in Training $ 105 $158
WWW 905 WIWW Treatment Operator I $ 105 $ 158
WWW 906 WIWW Treatment Operator II $ 105 $158
WWW 9 10 W/WW Treatment Operator l!I $ 105 $ 158
WWW 913 WIWW Treatment Operator IV $105 $ 158
WWW 9 14 WIWW Treatment Operator V $ 105 $158
WWW 450 Environmental Resource Analyst $ 11 2 $168
WWW 901 Instrumentation Technician $ 106 $159
WWW 915 Electrical & Instrumentation Control Supervisor $130 NA WWW 720 WIWW Operations Supervisor $ 130 NA
WWW 723 WIWW Operations Superintendent $ 162 NA
WWW 950 Operations Manager $173 NA
SW 820 Solid Waste Equipment Operator $105 $158
SW 3 14 Engineering Technician $ 106 $ 159
SW 320 Engineer $130 NA
SW 3 15 Senior Engineer $ 130 NA
SW 3 19 Senior Engineering Technician $130 $195
SW 506 Director of Operations $175 NA
•EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINIMUM). •OBSERVED VRSD HOLIDAYS WILL BE CHARGED AT DOUBLE TIME (3 HOUR MINlMVM). •OVERHEAD RATES APPLIED, AS FOLLOWS:

All Other Services: 15%
Hom·lv OT
$84 $126
$84 $126
$86 $ 129
$86 $129
$ 103 $155
$114 NA
$ 11 4 NA
$121 NA
$114 NA
$ 11 4 NA
$ 131 NA
$ 175 NA
$ 197 NA
Hourly OT
$84 $126
$84 $126
$66 $103
$90 $135
$104 $ 156
$104 $156
$ 104 $156
$104 $ 156
$104 $156
$104 $156
$104 $156
$110 $165
$107 $ 16 1
$ 131 NA
$ 131 NA
$ 141 NA
$ 172 NA
$104 $ 156
$107 $16 1
$ 131 NA
$13 1 NA
$131 $ 197
$ 175 NA
661

VENTURA REGIONAL SANITATION DISTRICT

EQUIPMENT & SUPPLY (CONSUMABLE) RATES
JULY 1, 2020 THROUGH JUNE 30, 2021
CHARGE
EQUIPMENT Mile Use Hour Day
Air Compressor $150
Airless Sprayer Epic 660E $52.50
Bulldog Nozzle $37.50
Chlorine Residuals, Field Tests $6
Coatings & Linings - Hand Tools $30
Coatings & Linings - Power Tools $75 (includes Hand Tools rate) Compressor, Air $ 150
Computer, Laptop $75
Concrete Mixer $75
Confined Space Tripod/Harness System w/air blower $75
Debris Catcher $37.50
Digital Manometer $ 1.50
Epoxy Injection Machine $465
Fleet Vehicle Use (mileage) $1.50
Fuel Filtering System $82.50
Gas Analyzer (GEM)
Gas Scope (meter) $30
Generator - 2kw $37.50
Generator - 5kw $37.50
Generator - 70kw $ 150
Grunfos Control Box $22.50
Laptop computer $75
Laser Alignment Equipment $ 11 2.50
Lateral Camera (use = each lateral) $ 150
Load Bank $67.50
Locator (or metal detector) $37.50
Manhole Rehab Equipment = $97.50/vertical foot $97.50/vft Metal Detector (Locator) $37.50
Meter - Electrical Conductivity $7.50
Meter - QED Flow Cell Meter $30
Mule (ATV)
Oil System $60
Peristolic Pump $30
pH, Field Tests $7.50
Polymixer
Portable Hydrorodder $562.50
Portable Welder $30
Pressure Washer $7.50 $60
Pressure Washer - High Pressure/Hot Water $82.50
Week Month
$342
$420
$ 195
662

VENTURA REGIONAL SANITATION DISTRICT
EQUIPMENT & SUPPLY (CONSUMABLE) RATES (continued)
JULY 1, 2020 THROUGH JUNE 30, 2021
CHARGE
EQUIPMENT Mile Use Hour Day Week
Pulse Air System $82.50
Pump - 3" Pump $60
Pump - 4" Godwin $ 150 $840
Pump - 4" Trailer-Mounted Pump $90 $504
Pump - Dewatering Pump (Po table) $75 $225
Pump - Diaphragm Pump $ 150 $840
Pump - King Pump $ 150 $840
Pump - Trash Pump, 6" $1 50 $840
Pumper Trailer $75
Push Camera $ 11 2.50
Roo t Saw or Chain Scraper $37.50
Sampler - Automatic (ISCO) $45
Sandblaster $67.50
Spec. Small Tools & Equip $45-$195 (includes Gas Tech, Fluke meter, etc) Sprayer, Airless and Manhole $150
Sprayer, Extreme Airless $375
Test Beach, Water (Ford)
Traffic Control Items (co nes/signs) $45
Vactor with Chase Truck (fur traffic control) * $ 11 2.50 $866.25 Vactor witho ut Chase Truck * $93 $825.00
Vacuum Truck * $472.50
Vehicle - MULE (all terrain vehicle)
Vehicle - Standby Truck w/crane, pump, & tank $37.50
Vehicle or Forklift $37.50
Vehicle #2148 (Assigned to TWSD)
Vehicle #2 149 (Assigned to TWSD)
Vehicle #2 13 1 (Assigned to TWSD)
Video Inspection Vehicle (TV Van)• $472.50
Water line depth sounder $3
Water Trailer (250 Tank) $90
Well Control Box (pump controller-QED) $ 15
* Hourly/Daily rate does not include fuel surcharge.

CHARGE
SUPPLY (CONSUMABLE) Mile Use Hour Day Week
Bailers & Disposable supplies (filters) $22.50
Consumables $4.50
Float Switch $79.50
Float Weight $ 15
Month
$3,375
$2,025
$600
$3,375
$3,375
$3,375
$375
$420
$8 15
$ 1,550
$620
Month
663

EXHIBIT E

VENTURA REGIONAL SANITATION DISTRICT

PROPOSED HOURLY RATES
JULY 1, 2021 THROUGH JUNE 30, 2022
FY 2021 OPTION A
FY 2022

CENTRAL ADMIN ISTRATION
Div. Pos. Title Hou riv OT Hou riv OT
CA 11 0 Human Resources Technician $84 $ 126 $85 $ 128
CA 207 Administrative Assistant $84 $ 126 NA NA
CA 209 Office Assistant NA NA NA NA
CA 601 Fiscal Assistant $86 $129 $82 $ 123
CA 605 Senior Fisca l Assistant $86 $ 129 $82 $123
CA 208 Executive Assistant/Clerk of the Board $ 103 $ 155 $ 107 $161 CA 103 Management Analyst $ 114 NA NA NA
CA 109 Senior Management Analyst $114 NA NA NA
CA 112 Safety Officer $ 121 NA $ 135 NA
CA 607 Accountant $ 11 4 NA $130 NA
CA 608 Senior Accountant $ 11 4 NA $130 NA
CA Ill Human Resources Manager $ 131 NA $147 NA
CA 502 Director of Finance $175 NA $209 NA
CA 50 1 General Manager $197 NA $234 NA

O PERATIONS
Div . Pos. T itle Hourly OT Hourly OT
WWW 209 Office Assistant $84 $126 $78 $ 11 7
WWW 207 Administrative Assistant $84 $ 126 $78 $ 117
WWW 909 W/WW Helper $66 $103 $76 $ 11 4
WWW 908 W/WW Worker $90 $ 135 $96 $144
WWW 9 1 I Electrical/Mechanical Worker $104 $156 $ 108 $162 WWW 916 W/WW Operator in Training $104 $ 156 $ 108 $162 WWW 905 WIWW Treatment Operator I $104 $156 $108 $ 162
WWW 906 W/WW Treatment Operator lJ $104 $ 156 $ 108 $162 WWW 9 10 W/WW Treatment Operator Ill $104 $ 156 $ 108 $162 WWW 913 W/WW Treatment Operator IV $ 104 $ 156 $ 108 $ 162 WWW 914 W/WW Treatment Operator V $104 $156 $ 108 $ 162 WWW 450 Environmental Resource Analyst $110 $ 165 $ 124 $186 WWW 90 1 Instrumentation Technician $107 $ 16 1 $ 129 $ 194 WWW 915 Electrical & Instrumentation Control Supervisor $ 13 1 NA $ 129 NA WWW 720 W/WW Operations Supervisor $ 13 1 NA $ 137 NA
WWW 723 W/WW Operations Superintendent $ 14 1 NA $ 158 NA WWW 950 Operations Manager $172 NA $ 158 NA
SW 820 Solid Waste Equipment Operator $ 104 $156 $ 108 $162 SW 314 Engineering Technician $ 107 $ 161 $ 129 $194
SW 320 Engineer $ 13 l NA $ 137 NA
SW 315 Senior Engineer $131 NA $ 137 NA
SW 3 19 Senior Engineering Technician $ 13 1 $197 $ 137 $206 SW 506 Director of Operations $ 175 NA $ 16 1 NA
·EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINIMUM). • OBSERVED VRSD HOLIDAYS WlLL BE CHARGED AT DOUBLE TIME (3 HOUR MlNIMUM). • OVERHEAD RA TES APPLIED. AS FOLLOWS:

All Other Services: 15%

OPT ION B
FY 2022
Houri}' OT
$85 $128
NA NA
NA NA
$82 $ 123
$82 $123
$ 107 $161
NA NA
NA NA
$ 135 NA
$ 130 NA
$ 130 NA
$147 NA
$209 NA
$234 NA
Hou rly OT
$85 $ 128
$85 $128
$83 $ 125
$102 $153
$ 11 4 $ 171
$ 11 4 $171
$114 $171
$ 11 4 $171
$ 114 $ 171
$1 14 $171
$ ] 14 $171
$ 13 1 $ 197
$ 135 $203
$135 NA
$ 144 NA
$165 NA
$165 NA
$ 114 $171
$ 135 $203
$144 NA
$144 NA
$144 $2 16
$167 NA
664
AMENDMENT NO. 1 TO VRSD CONTRACT NO. 21-004

AGREEMENT FOR WASTEWATER FACILITY OPERATION,

MANAGEMENT & MAINTENANCE

BETWEEN THE
CrTY OF SANTA PAULA
AND

VENTURA REGIONAL SANJT A TION DISTRICT
This Amendment ("Amendment") to the Agreement for Wastewater Facility Operation, Management & Maintenance Agreement is made and entered into this r_ir'ciay of f'f\A ~ , 2022 by and between the CITY OF SANTA PAULA, a Ca lifornia general law ci y and municipal corporation ("City") and VENTURA REGIONAL SANlTATION DISTRICT, a public agency fo1med pursuant to California Health & Safety Code Section 4700 et seq ("VRSD"). Together, VRSD and City are sometimes individually refetTed to as "Pa1ty" and collectively as "Parties" in this Amendment.

RECITALS
A. City and VRSD entered into a Wastewater Facility Operation, Management & MHintenance Agreement dated April 15, 2021 ("Agreement"), whereby VRSD agreed to manage, operate, and maintain the City's Water Recycling Facility; B. City and VRSD have determined that this Amendment helps VRSD to continue offering cost-effective, essential, public services to public agency wastewater clients; and C. City and VRSD now desire to amend the Agreement for the first time to extend the te1m of the Agreement and alter the tem1ination and compensation provisions.

NOW, THEREFORE, based upon valuable and adequate consideration set forth below and the Recitals stated above, the Patties mutual agree to be bound by the following amendments to the Agreement:

1. TERMS
I. I Amendment.
(a) The Parties acknowledge and agree that the following language shall replace their respective provisions as follows:
"4.1 Effective Date & Te1111. This Agreement shall commence on April 16, 2021, and shall expire on June 30, 2026. Pa1ties may extend the Agreement for another year or years by mutual agreement of the Pa1ties or terminated as hereinafter provided." "4.2 Termination by Ci Ly. City may te1minate this Agreement in the event of a material default by VRSD in any of VRSD's obligations hereunder. For purposes of this Agreement, a material default shall be defined as VRSD's fai lure to perform any of the obligations contained in Article 3: Scope of Services herein. Such tennination by City 65283.00007\35029882 I
337
665
shall be effective 60 days after VRSD's receipt of written notice from City specifying the defau lt. Tennination of this Agreement because of a material default of VRSD sha ll not relieve VRSD from liability for such default. In case of tem1ination of this Agreement by City for material default of VRSD, VRSD shall be entitled to amounts actually earned as of the date of the default."
"4.3 Tennination by VRSD. VRSD may terminate this Agreement in the event of a material default by City in any of City's obligations hereunder. For purposes of th is Agreement, a materi al default shall be defined as City's failure to perform any of the obligations contained in Alticle 6: Operational Costs and Compensation For Services.

Such termination by VRSD shall be effective 60 days after City's receipt of written noti ce from VRSD specifying the default. Tcnnination oftbis Agreement because of a material default of City shall not relieve City from liability for such default nor for payment to VRSD for services rendered up to the date of termination." " 5. J Operational Costs. City shall pay to VRSD the entire cost to VRSD of performing the Services which shall be 5> 1, 17 1,920 for FY 2022-23 . City shall be billed only for costs incurred. City shall not be billed for costs exceeding total written authorization and VRSD shall not be obligated to perform work in excess of written authorization from City. For this Agreement, the entire cost to City shall include:
a. For personnel services (for FY 2022-2023), the VRSD billing rate associated with the classification of each individua l performing services, as shown in Exhibit "B" Hourly Rates, attached and inco1poratecl herein by reference. The HoLu·ly Rates will automatically be adjusted in accordance with A.Jticle 5.2 each year, thereafter. b. For purchase of supplies, equipment, and services, the actual cost plus a fifteen percent ( 15%) markup.
c. For provision of equipment and machine1y (for FY 2022-2023), the actual and complete cost of owning, operating and replacement of said equipment, including but not limited to, depreciation; consumable supplies such as gasoline, electricity, or paper; maintenance; and insurance costs, as shown in Exhibit "B" Equipment & Supply (Consumable) Rates, attached and incorporated herein by reference. The Equipment & Supply (Consumable) Rates shall automatically be adjusted in accordance with Atiicle 5.2 each year, thereafter. "
(b) Section 7.2.a. shall be deleted in its entirety and the rest of Section 7.2 shall be remunbered accordingly.
(c) The Pa1ties acknowledge and agree that the following language shall be added to the Agreement:
"4.4 Tem1ination without Cause. At any time during this Agreement's term, either VRSD or City may tenninate this Agreement for any reason by providing the other pa1ty with a minimum of 120-days p1ior written notice in accordance with A1ticle 16." 2 65283.00007\35029882 I
338
666
"5.2.f Rates shown in Exhibit "B" shall be adjusted annually for innation, in line with VRSD's fiscal year (July through June), in accordance with the U.S. Bureau of Labor Statistics' Consumer Price Index (CPI). The minimum and maximum allowable increase per year will be between zero (0%) and five percent (5%), respectively. CPI shall be defined as the index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim, CA area, not seasonally adjusted, all items index, annual average. Either City or VRSD may request an extraordina1y rnte adjustment if circumstances warrant, but no modification, alteration or variation of the terms and conditions of this Agreement shall be made or become valid unless the extraordinary rate adjustment is in writing and mutually agreed to by the Parties."
"5.2.g VRSD has calculated the hourly employee rates and equipment renta l rates in Exhibit B based on estimated level of service commitments by five public sector clients, which could change over time. Within six months of the conclusion of each fiscal year, VRSD will perform an analysis to determine if a rebate is warranted for all water and wastewater customers for that fiscal year. A rebate in the form of a credit for furure services will be provided to each customer, including City, prorated on revenues generated during the conesponding fiscal year. In order for a rebate to be warranted in any given fiscal year, all of the following conditions must be met:
a. Revenues generated from water and wastewater services provided by VRSD exceed the costs to VRSD of providing those services;
b. Cashflows maintained in the water/wastewater fund exceed 60-days of budgeted annual operating expenses for the following fiscal year; and c. Cashflows are on target to meet all capital purchase cashflow needs." For purposes exclusively of Section 5.2g, the term "cashflow" shall mean the VRSD'S unrestricted cash and cash equivalent balances at June 301h.

1.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

1.3 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrnment.
3 65283.00007\35029882. 1
339
667
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first herein above written.

VENTURA REGIONAL SANJT A TION

DISTRICT
L.a«ta lfet1taf(fl'ez By: _Ju1J "iern;am.h•1 '

1.i4y S 2022 ts·35 POT

LAURA HERNANDEZ
Chainnan of the Board
ATTEST
tdief Rrdr~rgz By Juliet R:odr guez r~a; ~02~ 16.2(1 POT'

JULIET RODRJGUEZ
Clerk of the Board

APPROVED AS TO FORM
ARNOLD LaROCHELLE

MATHEWS, V ANCONAS & ZIRBEL, LLP
By~ob ,,~- ROBERT N. KWONG
Legal Counsel for District

APPROVED AS TO ADMINTSTRATION
C
ByHRf&~~ S THECSEN
General Manager
65283.00007135029882.1
4 CITY OF SANTA PAULA
By ~+1e~(;? J~NNYROS~WHITE
ayor
ATTEST
y~JIEATSHAW
City I rk
,~~

APPROVED AS TO FORM

BEST BEST & KRIEGER
By JOl!or ~[(;{j City Attorney
340
668

EXHIBIT B

VENTURA REGIONAL SANITATION DISTRICT
PROPOSED HOURLY RATES-REVISED 12/09/21
JULY 1, 2022 THROUGH JUNE 30, 2023
FY 2022 FY 2023

CENTRAL ADMINISTRATION
Oiv. Pos. T itle Hourh· OT Hourh'
CA l lO Human Resources Technician $85 $128 $58
CA 601 Fiscal Assistanl $82 $123 $56
CA 605 Senior Fiscal Assistant $82 $123 $56
CA 208 Executive Assistanl/CJerk of the Board $107 $161 $74 CA 11 2 Safety Officer $ 135 NA S96
CA 607 Accounlanl $130 NA $79
CA 608 Senior Accountant $ 130 NA $117
CA l l I Human Resources Manager Sl46 NA $102
CA 502 Director of Finance $209 NA $ 153
CA 501 General Manager $234 NA $172

OPERATIONS
Div. Pos. Title Hourly OT Hourly
WWW 209 Office Assistant $84 $126 $128
WWW 207 Administrative Assistant $84 $ 126 $128
W\VW 909 WIWW Helper $82 $ 123 NA
WWW 908 W/WW Worker $101 $152 $142
WWW 911 Electrical/Mechanical Worker $110 $165 $154
WWW 916 W/WW Operator in Training $110 $165 $154
WWW 905 W /WW Treatment Operator I SI 10 $165 $154
WWW 906 W/WW Treatment Operator II $110 $ 165 $154
WWW 910 W/WW Treatment Operator Ill $110 $165 $154
WWW 913 WfWW Treatment Operator IV $110 $ 165 Sl54
WWW 914 W fWW Treatment Operator V $110 $ 165 $154
VAVW 450 Environmental Resource Analyst $127 $191 $191
WWW 901 Instrumentation Technician $128 $192 Sl64
WWW 915 Electrical & Instrumentation Control Supervisor $128 NA NA WWW 720 W/WW Operations Supervisor Sl 39 NA $161
\VWW 723 W/WW Operations Superintendent $156 NA NA
WWW 950 Operations Manager $1 56 NA NA
SW 820 Solid Waste Equipment Operator $110 $165 $154
SW 31 4 Engineering Technician $128 $192 $164
SW 320 Engineer $139 NA $161
SW 315 Senior Engineer $139 NA $161
Sv\I 319 Senior Engineering Technician $139 $209 $164
SW 506 Director of Operations $166 NA $138
•EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINfMUM) • OBSERVED VRSD HOLLDAYS WILL BE CHARGED AT DOUBLE TIME (3 HOUR MINIMUM). •OVERHEAD RA TES APPLI ED, AS FOLLOWS:

All Other Services, Materials and Supplies 15%
OT
$87
$84
$84
$111
NA
NA
NA
NA
NA
NA
OT
Sl92
S.192
NA
$2 13
S231
$23 1
S23 1
$23 1
$23 1
$23 1
$23 1
5287
$246
NA
NA
NA
NA
$23 1
$246
NA
NA
$246
NA
341
669

EXHIBIT B

VENTURA REGIONAL SANITATION DISTRICT

EQUIPMENT & SUPPLY (CONSUMABLE) RATES-PROPOSED
JULY 1, 2022 THROUGH JUNE 30, 2023
CHARGE
EQUIPMENT Mile Use Hour Day Weck
Air Compressor $154.50
Airless Sprayer Epic 660 E $54
Bulldog Nozzle $39
Chlorine Residuals, Field Tests $6
Coatings & Linings - Hand Tools $31
Coatings & Linings - Power Tools $77.25 (includes Hand Tools rate) Compressor, Air $ 154.50
Computer, Laptop $77.25
Concrete Mixer $77.25
Confined Space Tripod/Harness System w/air blower $77.25 Debris Catcher $39
Digital Manometer $1.55
Epoxy Injection Machine $479
Fleet Vehicle Use (mileage) $1.55
Fuel Filtering System $85
Gas Analyzer (GEM)
Gas Scopt: (meter) $31
Generator - 2kw $39
Generator - 5kw $39
Generator - 70kw $ l54.50
Grunfus Control Box S23
Laptop computer $77.25
Laser Aligoment Equipment $ 116
Lateral Camera (use= each lateral) $154.50
Load Bank $70
Lm:ator (or metal detector) $39
Manhole Rehab Equipment= S I 00.40/ve11ical foot $I 00.40/vft Metal Detector (Locator) $39
Meter - Electrical Conductivity $8
Meter - QED Flow Cell Meter $3 1
Mule (ATV)
Oil System $62
Peristolic Pump $3 1
pH, Field Tests $8
Polymixer
Po11able Hydrorodder $579
Portable Welder $31
Pressure Washer S8 S62
Pressure Washer - High Pressure/Hot Water $85
Month
$352
$433
S201
342
670

EXHIBIT B

VENTURA REGIONAL SANITATION DISTRICT
EQUIPMENT & SUPPLY (CONSUMABLE) RATES (continued)
JULY 1, 2022 THROUGH J lJNE 30, 2023
CHARGE
EQUIPMENT Mile Use Hour Day Week
Pulse Air System $85
Pump • 3" Pump $62
Pump · 4" Godwin $ 154.50 $865
Pump· 4" Trailer-Mount.:d Pump $93 $519
Pump· Dcwatering Pump (Potable) $77.25 $232
Pump · Diaphragm Pump $ 154.50 $865
Pump • King Pump $ 154.50 $865
Pump · Trasb Pump, 6" $ 154.50 $865
Pumper Trailer 577.25
Push Camera $116
Root Saw or Chain Scraper $39
Sampler· Automatic (TSCO) $46
Saudblaster $70
Spec. Small Tools & Equip $46-520 1
(includes Gas Tech, nuke meter, etc)
Sprayer, Airless and Manhole $155
Sprayer, Extreme Airless $386
Test Bench, Water (Ford)
Traffic Control Items (cones/signs) $46
Vactor with Chase Truck (for traftic contro l)• $1 16 $892 Vactor without Chase Truck * $96 $850
Vacuum Tmck "' $487
Vehicle· MULE (all terrain vehicle)
Vehicle· Standby Truck w/crane. pump, & tank $39
Vehicle or Forklift $39
Vehicle #2148 (Assigned lo TWSD)
Vehicle #2 149 (Assigned to TWSD)
Vehicle #2 131 (Assigned to TWSD)
Video Inspection Vehic le (TV Van)• $487
Water line depth sounder S3
Water Trailer (250 Tank) $93
Well Control Box (pump controller-QED) SIS
• Hourly/Daily rate does not include fu el surcharge.

CHARGE
SUPPLY (CONSUMABLE) Mile Use Hour Day Week
Bailers & Disposable supplies (filters) $23
Consumables $5
Float Switch $82
Float Weight $15
Month
$3,476
$2,086
S6J8
$3,476
$3,476
$3,476
$386
$433
S839
S 1,597
$639
Month
343
671
To: Honorable Mayor and Members of the City Council
From: Monica Castillo, Interim City Attorney
Subject: THIRD AMENDMENT TO UNION OIL BUILDING LEASE
Date: June 21, 2023
Agenda Item: 10.P

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

1. Authorize the City Manager to execute the Third Amendment to the Lease with Union Oil Company of California (Union Oil) contingent on the approval of Union Oil.

Presented by: Monica Castillo, Interim City Attorney
BACKGROUND:

On July 1, 1992, City entered into a lease ("Original Lease") with Union Oil Company of California (Union Oil) with respect to real property and structures commonly known as the Union Oil Building located at 1001, 1003, and 1033 E. Main Street (the "Property"). The Original Lease was amended twice by a First Amendment in 2004 and again by a Second Amendment in 2009 (together, the "Lease"). The Lease is set to expire on June 30, 2023.

In December 2022, Union Oil (also known as Chevron) offered to transfer the Property to the City and give the City $2,000,000 to finance deferred improvements. As negotiation of the transfer agreement has not yet concluded, it will be necessary to extend the Lease beyond its current expiration date of June 30, 2023.

In addition, the City has agreed to enter into an agreement with the Ventura County Fire District (VCFD) for use of the parking lot portion of the Property ("Lot") as a temporary fire station. The temporary fire station is needed while VCFD builds a new District Fire Station No. 26 at its current site. The City and VCFD have been negotiating a sublease for such purposes, which is a separate item on tonight's agenda.

Though Union Oil and City have been diligently pursuing the various agreements, circumstances beyond the parties' control have delayed Union Oil's final approval of the proposed Third Amendment to the Lease ("Third Amendment'). As of the writing of this report, the City has not yet received Union Oil's approval of the Third Amendment.

In order to prevent timing issues for VCFD, which desires to enter and pave the Lot in July when Council is not in session, staff requests that City Council approve the draft Third Amendment (Attachment A) contingent on Union Oil's approval of its terms. 672
ANALYSIS:

As mentioned above, the terms of the Third Amendment are not yet final. However, if Union Oil were to accept it as drafted, the Third Amendment would achieve the following material changes to the Lease:

Authorize the City to use the property as a temporary fire station, and Extend the Lease until the closing of the transfer agreement, or if the closing does not occur by December 30, 2023, until September 30, 2023.

STRATEGIC PLAN:

This item is not a goal or objective in City Council's two-year Strategic Plan, however, it supports the goal of a Connected and Healthy Community by fostering regional partnerships that create a safe and healthy community to live, work and thrive.

FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

OPTIONS:

As an alternative to Staff's recommendation, City Council may:

1. Decline to give conditional approval of the Third Amendment and wait until Union Oil responds. Doing so, however, will delay VCFPD's ability to start paving the Oil Museum Building parking lot in July, resulting in more delay to a new Station 26.

2. Provide other direction to staff.

ATTACHMENTS:

ATTACHMENT A - Third Amendment to Union Oil Lease
673

THIRD AMENDMENT TO LEASE
(UNION OIL BUILDING PROPERTY)
This Third Amendment to the Lease (this “Amendment”) dated as of _________, 2023, is entered by and between the UNION OIL COMPANY OF CALIFORNIA, a California corporation (“Lessor”), and the CITY OF SANTA PAULA, a California municipal corporation and general law city (“Lessee”), sometimes collectively referred to individually as “Party” or collectively as “Parties”.

RECITALS
A. Lessor and Lessee entered into that certain Oil Museum Lease, dated July 1, 1992, (the “Original Lease”), as amended by that certain First Amendment to the Lease dated as of May 1, 2004 (the “First Amendment”) and that certain Reinstatement of and Second Amendment to the Lease dated as of February 26, 2009 (the “Second Amendment”, together with the Original Lease and First Amendment, the “Lease”), with respect to certain real property and improvements thereon located at the address commonly known as 1001, 1003, and 1033 E. Main Street, Santa Paula, California (the “Property”). The Property consists of the Land, the Main Building, the Rig Building, and the Additional Property, as such terms are defined in the Lease.

B. The Lease is set to expire on June 30, 2023 and the Parties had intended for the Lessee to acquire the Property by way of a transfer agreement (the “Transfer Agreement”) before the Lease expired.

C. Though the Parties have been diligently negotiating the terms of the Transfer Agreement, delays beyond the Parties’ control have slowed the consummation of the Transfer Agreement.

D. In addition, pursuant to the Lease, Lessee has requested Lessor’s consent to sublease the vacant lot (the “Lot”) on the Property to the Ventura County Fire District (VCFD) for use as a temporary fire station. A sublease is being negotiated among VCFD and the Parties (the “Sublease”).

E. The Sublease is needed so that VCFD can continue to provide Lessee with fire protection services while the VCFD builds a new fire station at a different site. VCFD will operate a temporary fire station on the Lot until completion of the new station. In order to set up the temporary fire station, VCFD wishes to begin paving and installing improvements on the Lot no later than July 1, 2023.

E. Because the Transfer Agreement negotiations have not yet concluded and VCFD desires to begin improvements on the Lot as soon as possible, the Parties are entering this Amendment to extend the term of the Lease until the closing on the Transfer Agreement or (if the Transfer Agreement does not close) September 1, 2025, and to allow for the Lot to be used as a temporary fire station.

F. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Lease.
674
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Recitals. The Recitals set forth above are expressly incorporated into this Amendment and shall be a part hereof.

2. Use of Property. The Lease requires the Property to be used and occupied only for a first-class quality museum. This Amendment allows Lessee to use the Property for the establishment of a temporary fire station that will be operated by the VCFD if and only if Lessee enters a sublease with the VCFD in the form attached to this Amendment as Exhibit A, with no material modifications to such form, it being understood and agreed by Lessee that, should the sublease to be entered with the VCFD be modified in any material respect from the form attached as Exhibit A, Lessor’s consent shall be required for Lessee to enter into such sublease and for the permitted uses of the Property to be modified as contemplated in this Section 2.

3. Term Extended. Lessor hereby agrees to extend the term of the Lease until the closing of the Transfer Agreement, or, if the closing does not occur by December 31, 2023, until September 1, 2025.

4. Limited Amendment. Except as provided in this Amendment, all other terms and conditions of the Lease shall remain in full force and effect. In the event of a conflict between this Amendment and the Lease, the provisions of this Amendment shall control.

Whenever the term “Lease” is used in the Lease, it shall mean the Lease as amended by this Amendment.

5. Interpretation. The language in all parts of this Amendment shall be construed according to is normal and usual meaning and not strictly for or against either Lessor or Lessee.

6. Counterparts. This Amendment may be signed in counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument.

7. Signature Form. The Parties agree that this Amendment may be transmitted and signed by electronic or digital means by either or both Parties and that such signatures shall have the same force and effect as original signatures.

IN WITNESS WHEREOF, the Parties have executed this Amendment to the Lease as of the date first written above.
675
LESSOR:

Union Oil Company of California,
a California corporation
LESSEE:

City of Santa Paula, a
California municipal corporation
By: ___________________________
[NAME]
[TITLE]
By: ___________________________
Dan Singer
City Manager
676

EXHIBIT A
[Attach Approved Form of Sublease]
677
678
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Management Analyst
Subject: SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH TRIPEPI SMITH AND ASSOCIATES FOR MEDIA RELATIONS AND

PUBLIC INFORMATION SERVICES
Date: June 21, 2023
Agenda Item: 10.Q

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Authorize the City Manager to execute a second amendment to the professional services agreement with Tripepi Smith and Associates (TSA) for media relations and public information services, extending the term from July 1, 2023 to June 30, 2024, and increasing the total notto-exceed amount to $100,000.

BACKGROUND:

Over the past three and a half years, staff has worked closely with Tripepi Smith and Associates (TSA) as an extension of staff to assist the City of Santa Paula with media relations and public information efforts on several fronts.

Most recently, TSA has assisted with the following scope of services to assist staff in bolstering our outreach and public engagement efforts:

Weekly check-in and communication strategy calls – These phone calls typically last up to 30 minutes and have detailed agendas and notes. After each call, TSA sends an action summary email about decisions made on the phone call and related action items for staff to follow up on. Calls focus on story plans, new issues or concerns that need to be communicated, identification of major themes or ideas to address in the coming weeks and review of recent comments and social media posts. 2 articles/releases per month – Each article or press release is up to 500 words in length. The City chooses the stories while taking into consideration suggestions by TSA.

The City makes internal subject matter experts available to aid the development of the stories. The City provides access to the City’s website for posting and a media release list for use by TSA where a press release scenario is desired. The City facilitates timely approval of quotes in press releases when attributed to City Staff or City Councilmembers.
679
Social media monitoring – TSA monitors posts and inboxes for questions and comments on the City of Santa Paula’s main Facebook, Instagram, Twitter and Nextdoor pages. When appropriate, responses are drafted, which will occasionally require fact-checking and seeking out guidance from the City. Additionally, ongoing general online monitoring of other local jurisdictions and local Facebook Groups is conducted to track posts about community needs, priorities, and issues.

Quarterly metrics report – Each quarter TSA provides a summary report in PDF format of basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and the City's website, as well as media coverage highlights.

Separately, but related, TSA was also instrumental in our communications efforts related to the Districting process.

ANALYSIS:

As noted above, TSA has been a valuable extension of staff assisting with public communications, press releases and readily available on very short notice when strategy is required for instances involving a number of matters which arise throughout the year.

In addition, for the past two years, the City's Public Information Officer (PIO) has been fortunate enough to work with several Management Fellows, through the Lead for America program, who have been able to supplement TSA's effort as consulting costs have generally increased over the years and service output from TSA reduced to stay in line with budgets.

As a result, the City Manager's department began accessing opportunities to minimize consulting costs and bring certain outsourced responsibilities from TSA "in house", some of which was shared with Council during the recent outsourcing workshop on May 17, 2023. That assessment is still underway and staff will come back to Council in August 2023 for a broader discussion and proposed changes.

In the interim however, staff is proposing an extended contract amount with TSA at a reduced contractual amount ($25,000 versus their normal $50,000), which will provide staff the appropriate level of support needed to maintain communications. TSA's proposed scope of work is Exhibit A to the second amendment (Attachment A) and is attached to this report. The proposed scope of work includes:

Project management and biweekly strategy calls – To coordinate efforts with City staff and sustain momentum on communications projects, Tripepi Smith will schedule a recurring, biweekly call (alternating 1-hour calls and 30-minute calls) that will include a City-designated lead for our engagement. Call content will focus on communications strategies, identification of major themes or ideas to address in the coming weeks and review of monthly metrics reports. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call. After each call, the client will be sent an action summary email about decisions made on the call. Tripepi Smith will produce work in a shared workspace where the City can see progress in real time and provide instant feedback as needed.

Monthly metrics report – Each month, Tripepi Smith will provide a summary report via a shareable weblink of the basic metrics (reach, posts, engagement, etc.) related to Citycontrolled social media platforms and other key metrics, such as website visits. This 680
report will also include a comprehensive list of media mentions to access performance of our engagement online.

A total of $18,619.95 will go toward the retainer ($1,551.66/month for 12 months). Additionally, staff recommends incorporating $6380.05 into the contract for ad-hoc support, such as crisis communications, press releases, social media content creation, graphic design services, etc., should those services be needed, for a total of $25,000 for the fiscal year.

Staff is therefore asking Council to authorize the City Manager to execute a second amendment to the professional services agreement with Tripepi Smith and Associates (TSA) for media relations and public information services, extending the term from July 1, 2023 to June 30, 2024, and increasing the total not-to-exceed amount to $100,000. Essentially, TSA's costs for FY23-24 will be no more than $25,000.

STRATEGIC PLAN:

This item is not a goal or objective in City Council's two-year Strategic Plan, however, it does support one of Council's Strategic Plan core values of Communication in which we value open, transparent dialogue, and fostering an environment where ideas, concerns, and feedback are freely exchanged with residents and organizations.

FISCAL IMPACTS:

Funding for a second amendment to the professional services agreement with TSA is included in the FY23-24 fiscal budget in the amount of $25,000.

OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Do not approve the amendment to the agreement with TSA to provide media relations and public information services; and/or

2. Provide staff with further direction.

ATTACHMENTS:

Attachment A - Second Amendment Tripepi Smith.pdf
Exhibit A - Tripepi Smith PSA.pdf
681
65283.00001\40875410.2

SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
TRIPEPI SMITH AND ASSOCIATES, INC.

THIS SECOND AMENDMENT (“Amendment”) is made and entered into this 21st day of June 2023, by and between the CITY OF SANTA PAULA, a California general law city and municipal corporation (“City”), and TRIPEPI SMITH AND ASSOCIATES, INC., a California Corporation (“Consultant”).

1. RECITALS. This Amendment is made with reference to the following facts and objectives:

A. On January 1, 2022 the City and Consultant entered into an agreement for media relations and public information services (the “Agreement”).

B. The term of the Agreement was from January 1, 2022 to December 31, 2022.

C. The Consultant’s total compensation under the Agreement could not exceed $50,000.00 without written approval of the City Council or the City Manager, as applicable.

D. On December 7, 2022, the City and Consultant mutually agreed to extend the terms of the December 31, 2022 agreement to June 30, 2023 through a First Amendment Agreement.

E. The Consultant’s total compensation under the First Amendment Agreement could not exceed $75,000.00 without written approval of the City Council or the City Manager, as applicable.

F. The City and Consultant now mutually desire by this Amendment to increase the Consultant’s total maximum compensation and extend the term of the Agreement as set forth below.

2. AMENDMENT. In consideration of the foregoing and pursuant to Sections 1, 7, and 28 of the Agreement, the Agreement is amended as follows:

A. Subsection 1.C., under Section 1, entitled “Consideration and Compensation,” is hereby amended to read as follows:
“1.C. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred thousand dollars ($100,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” 682
65283.00001\40875410.2
B. Section 7, entitled “Term of Agreement,” is hereby amended to read as follows:
“7. Term of Agreement. The term of this Agreement shall be from January 1, 2022 to June 30, 2024 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one-year term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. LIMITED AMENDMENT. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. Whenever the term “Agreement” is used in the Agreement it shall mean the Agreement, as modified by this Amendment. In the event of a conflict between this Amendment and the Agreement, the provisions of this Amendment shall control.
[Signatures on Next Page]
683
65283.00001\40875410.2

SIGNATURE PAGE TO

THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF SANTA PAULA AND TRIPEPI SMITH AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the duly authorized representatives of the City and Consultant have executed this Amendment effective as of the first day and year written above.

CITY OF SANTA PAULA TRIPEPI SMITH AND ASSOCIATES, INC.
____________________________________ ______________________________ Dan Singer, City Manager Ryder Todd Smith, President
ATTEST:
____________________________________ __731642614__________________ Julie Latshaw, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:
_____________________________________
Monica Castillo, Interim City Attorney
684

EXHIBIT A

SCOPE OF SERVICES
Tripepi Smith will provide the following services for a fixed monthly retainer fee of $1,551.66, to be paid on the 15th of each month for that month of service (e.g. we invoice on January 15 for the month of January).
• Project management and biweekly strategy calls – To coordinate efforts with City staff and sustain momentum on communications projects, Tripepi Smith will schedule a recurring, biweekly call (alternating 1-hour calls and 30-minute calls) that will include a City-designated lead for our engagement. Call content will focus on communications strategies, identification of major themes or ideas to address in the coming weeks and review of monthly metrics reports. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call.

After each call, the client will be sent an action summary email about decisions made on the call. Tripepi Smith will produce work in a shared workspace where the City can see progress in real time and provide instant feedback as needed. • Monthly metrics report – Each month, Tripepi Smith will provide a summary report via a shareable weblink of the basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and other key metrics, such as website visits.

This report will also include a comprehensive list of media mentions.

A total of $18,619.95 will go toward the retainer ($1,551.66/month for 12 months).

Tripepi Smith recommends incorporating $6380.05 into the contract for ad hoc support such as crisis communications, press releases, social media content creation, graphic design, etc.
685