HomeMy WebLinkAboutOCSD 20-04 RESOLUTION NO. OCSD 20-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING
THE TENTH AMENDED JOINT POWERS AGREEMENT
CONFIRMING THE CREATION OF AN AGENCY KNOWN
AS SOUTHERN CALIFORNIA COASTAL WATER
RESEARCH PROJECT AUTHORITY (SCCWRP),
PROVIDING FOR CONTINUATION OF SCCWRP FOR
FOUR YEARS FROM JULY 1, 2021 THROUGH
JUNE 30, 2026
The Board of Directors of Orange County Sanitation District, DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1: That certain Tenth Amended Joint Powers Agreement Confirming
the Creation of an Agency Known as Southern California Coastal Water Research Project
Authority (SCCWRP), dated July 1, 2021, by and between Orange County Sanitation
District and the City of Los Angeles, County Sanitation District No. 2 of Los Angeles
County, and the City of San Diego, providing for continuation of SCCWRP for a five-year
period from July 1, 2021 through June 30, 2026, is hereby approved and accepted.
Section 2: That payment of the District's proportional share of the contribution
by the signatory agencies, in a total amount not to exceed $1,850,000, is hereby
approved, as follows:
FY 2021-2022 $ 515,000
FY 2022-2023 $ 530,450
FY 2023-2024 $ 546,363
FY 2024-2025 $ 562,754
FY 2025-2026 $ 579,637
Section 3: That the Chair and Clerk of the Board of the Orange County
Sanitation District are hereby authorized and directed to execute said Agreement in a
form approved by the General Counsel.
OCSD 20-04-1
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
July 22, 2020.
David John Shawver
Board Chairman
ATTEST:
IKEe',IIV A. LorE4 MMC
Gle�l� of the Poard
OCSD 20-04-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 20-04 was passed and
adopted at a regular meeting of said Board on the 22nd day of July 2020, by the
following vote, to wit:
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones,
Peter Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim
Shaw, David Shawver, Christina Shea, Jesus Silva, Fred
Smith, Chad Wanke and Mariellen Yarc
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring,
Richard Murphy, Steve Nagel and John Withers
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 22nd day of July 2020.
Kelly . Lor , MMC
Clerk of th oard of Directors
Orange County Sanitation District
OCSD 20-04-3
TENTH AMENDED
JOINT POWERS AGREEMENT
CONFIRMING THE CREATION OF
AN AGENCY KNOWN AS SOUTHERN CALIFORNIA
COASTAL WATER RESEARCH PROJECT AUTHORITY
This Amended Joint Powers Agreement which confirms the creation of an agency known
as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY ,
commonly known as SCCWRP, is made and entered into effective the first day of July, 2021, by
and between the City of Los Angeles, a municipal corporation("Los Angeles"), the Orange
County Sanitation District, a special district("Orange County District"), the City of San Diego, a
municipal corporation("San Diego") and County Sanitation District No. 2 of Los Angeles
County, a special district("Los Angeles County District"), hereinafter "Signatories"
(collectively) or "Signatory" (individually).
WHEREAS, the Signatories entered into an Ninth Amended Joint Powers Agreement
confirming the creation of an agency known as Southern California Coastal Water Research
Project Authority, effective July 1, 2017;
WHEREAS, it is the desire of the Signatories to provide for the continuation of
SCCWRP pursuant to this Tenth Amended Joint Powers Agreement("Agreement"):
NOW, THEREFORE, the Signatories hereto do agree as follows:
1. PURPOSE
This Agreement provides for the continuation of a public entity separate and apart from
the Signatories to this Agreement to administer this Agreement, the purpose of which is to
enhance the scientific foundation for management of Southern California's ocean and associated
coastal watershed resources.
2. CREATION OF SCCWRP
Pursuant to Article 1, Chapter 5, Division 7, Title 1 Government Code (Sections 6500 et
SeMc.), the parties hereby confirm the existence of an agency as a public entity, separate and apart
from the Signatories to this Agreement to be known as SOUTHERN CALIFORNIA COASTAL
WATER RESEARCH PROJECT AUTHORITY (hereinafter "SCCWRP"). Such agency shall,
through the Commission referred to below, administer and execute this Agreement.
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3. ORGANIZATION
SCCWRP shall be governed by a fourteen-member Commission composed of
representatives of public bodies with accountability for water quality management and aquatic
protection in the Southern California Bight as follows:
(a) Associate Director, Water Division, U.S. Environmental Protection Agency,
Region IX;
(b) Deputy Director, Division of Water Quality, California State Water Resources
Control Board;
(c) Executive Officer, Regional Water Quality Control Board- Los Angeles Region;
(d) Executive Officer, Regional Water Quality Control Board- Santa Ana Region;
(e) Executive Officer, Regional Water Quality Control Board- San Diego Region;
(f) Director and General Manager, LA Sanitation& Environment, City of Los
Angeles;
(g) Chief Engineer and General Manager, County Sanitation District No. 2 of
Los Angeles County;
(h) General Manager, Orange County Sanitation District;
(i) Director of Public Utilities, City of San Diego;
(j) Ocean Protection Council Executive Director/Deputy Secretary for Ocean and
Coastal Policy, California Natural Resources Agency;
(k) Director, Ventura County Watershed Protection District;
(1) Director of Public Works, Los Angeles County Flood Control District;
(m) Deputy Director, Public Works, County of Orange; and
(n) Director of Public Works, County of San Diego.
The Commission shall meet at least four times each calendar year and at such other
appropriate intervals as are necessary to conduct the business of SCCWRP. All such meetings
shall be subject to the Ralph M. Brown Act, commencing with Section 54950 of the Government
Code of the State of California. Five members shall constitute a quorum and a simple majority
vote of that quorum shall be required for action to be taken.
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A staff designee may be appointed as an alternate by the person holding the offices set
forth above and shall act as a member of the Commission in place of such officer during his or
her absence, inability or refusal to act and shall serve indefinitely at the pleasure of the
appointing officer and until a successor is appointed, or until such designee dies, becomes
incapacitated or resigns. Such designation shall be in writing and shall be delivered to the
Executive Director at the offices of SCCWRP.
Upon the concurrence of two-thirds vote of the members of the Commission,public
bodies of the Commission may designate a new permanent representative.
The Commission shall, at its first meeting and thereafter at its first meeting following
July 1 of each succeeding year, elect a Chair and Vice-Chair from among its members. The Vice
-Chair shall assume the responsibilities of the Chair in the absence of the Chair and the Chair's
alternate.
The Commission members shall serve for a term identical to the term of this Agreement,
and such term shall be extended automatically as the Agreement is extended. The Commission
members shall not be entitled to compensation for attendance or expenses.
Administrative and purchasing policies and procedures shall be established by the
Commission and shall comply with the law of the State of California.
The debts, liabilities and obligations of SCCWRP shall not constitute the debts, liabilities
or obligations of any of the Commission members or members of any Advisory Board of
SCCWRP. Such debts, liabilities or obligations shall only be those of SCCWRP.
Upon the concurrence of two-thirds vote of the members of the Commission, other public
agencies having a power common to the Signatories may be added as parties to this Agreement
and each such party shall acknowledge its agreement to the terms hereof by executing this
Agreement upon authorization of its governing Board. Such additional agency or agencies shall
have responsibilities identical to those of the Signatories as set forth in paragraph 4 hereof; and
the Chief Executive Officer thereof, together with his or her designee, shall be a member and
alternate member of the Commission with those powers conferred upon the Signatories. The
financial contribution required of such additional agency or agencies shall be determined by a
majority of the Commission members representing the Signatories.
4. COMMISSION RESPONSIBILITIES
The responsibilities of the Commission shall include, but not be limited to, the following:
(a) Establishing and appointing members of advisory boards, committees, other like
groups and consultants as it deems appropriate to further the purposes of this Agreement;
(b) Hiring an Executive Director and establishing his or her responsibilities in
addition to those detailed herein. Two-thirds vote of the members of the Commission
shall be required for hiring the Executive Director;
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(c) Overseeing development and approving SCCWRP's Research Plan;
(d) Approving the SCCWRP's Annual Operating Budget, recognizing that the
contributions of the Signatories shall be as provided in Section 8 hereof and taking into
account other projected sources of income;
(e) Reviewing and approving, on an annual basis, the salaries and benefits for the
Executive Director and other staff. Two-thirds vote of the members of the Commission
including two-thirds of the signatories shall be required for adoption;
(f) Conducting a performance review of the Executive Director on an annual basis;
(g) Reviewing the financial status of SCCWRP;
(h) Establishing objectives, priorities,policies, guidelines, and other such
responsibilities as may be appropriate from time to time; and
(i) Taking such further action as it deems appropriate to carry out the purposes of this
Agreement.
5. ASSOCIATE COMMISSION MEMBERS
Associate Commission members attend and participate fully in Commission meetings,
and are entitled to one-quarter vote. Associate Commission members shall have responsibilities
identical to those of the Signatories as set forth in Section 4 above.
Upon execution of the attached Associate Commission Member Agreement, SCCWRP's
Associate Commission members shall be composed of representatives of public bodies with
accountability for water quality management and aquatic protection as follows:
Ventura County Watershed Protection District;
Los Angeles County Flood Control District;
County of Orange; and
County of San Diego.
Upon concurrence of two-thirds vote of the members of the Commission, other public
agencies having a power common to the Signatories may be invited to become Associate
Commission Members of the agency. Each party shall acknowledge its agreement to the terms
set forth in an associate Commission member agreement. Thereupon the Chief Executive
Officer thereof, or substitute representative pursuant to Section 3, or his or her designee as an
alternate, shall serve as members of the Commission.
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6. ADVISORY BOARDS
The Commission may from time to time appoint one or more advisory boards to assist in
carrying out the objectives of SCCWRP. The Commission shall determine the purpose and need
for such board(s) and the necessary qualifications for individuals appointed to the board(s).
Each member of the advisory board(s) shall be entitled to compensation for his or her
consulting services as established by the Commission from time to time. In addition, each
member of the advisory board(s) shall be entitled to reimbursement for actual expenses
reasonably and necessarily incurred, as well as travel and per diem expenses in an amount or at a
rate established from time to time by the Commission.
7. EXECUTIVE DIRECTOR
The Commission shall appoint an Executive Director under whose general supervision
and control SCCWRP shall be conducted. In accordance with paragraph 4(b)the Executive
Director shall be appointed by the Commission and shall serve at the pleasure of the
Commission.
The Executive Director's compensation shall be set at a level that adequately takes into
consideration factors including, but not limited to, the proficiency with which the agency is
directed, the degree of satisfactory progress in completing the approved research plan, success in
obtaining outside funding and success in managing SCCWRP's budget.
8. EXECUTIVE DIRECTOR'S RESPONSIBILITIES
The Executive Director's responsibilities shall include, but not be limited to:
(a) Developing recommended research priorities and objectives for consideration by
the Commission and directing research programs;
(b) Reviewing and editing reports and manuscripts produced by SCCWRP's scientific
staff;
(c) Managing day-to-day operations;
(d) Managing the personnel activities of SCCWRP as is necessary to fulfill the
purposes of this Agreement, subject to such periodic review and approval as the
Commission deems appropriate;
(e) Delegating such authority as is necessary to staff to insure the smooth operation
of the organization:
(f) Securing outside grants and other funding in support of SCCWRP's research
objectives in accordance with the provisions of Section 9 regarding grants and contracts;
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(g) Entering into agreements on behalf of SCCWRP in accordance with the policies
and procedures governing purchases of supplies, equipment and services adopted from
time to time by the Commission;
(h) Providing reports to the Commission on the status of research in progress, Annual
Operating Budgets (actual versus budgeted) and cash flow analysis;
(i) Having charge of handling and having access to any property of SCCWRP upon
the filing of a fidelity bond in the amount of Fifty Thousand Dollars ($50,000); and
0) Acting as Secretary to SCCWRP until such time as the Commission appoints
another person to this office.
9. FUNDING
Each Signatory shall provide annual funding on July 1 of each year for SCCWRP during
the term of this agreement according to the following schedule:
FY 2021/22 FY 2022/2 FY 2023/24 FY 2024/25 FY 2025/26
$515,000 $530,450 $546363 $562,754 $579,637
Each Associate Commission member of the agency will be required to provide annual
funding on July 1 of each year according to the following schedule:
FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26
$128,750 $132,613 $136,591 $140,689 $144,909
The fiscal year(FY) is defined as being from July 1 of the current calendar year to and
including June 30 of the following calendar year.
As a condition to the addition of any public agency as party to this Agreement pursuant to
paragraph 3 hereof, the public agencies which are then signatories to this Agreement may, by a
vote of their Commission representatives, modify the funding set forth above in a manner which
takes into account the financial needs of SCCWRP,provided that funding of any existing
signatory shall not exceed that set forth above.
In such event, all new and existing Signatories, through their Commission
representatives, shall execute a supplement to this Agreement entitled Supplement to Funding
Pursuant to Paragraph 9 and shall attach it to this Agreement.
It is further agreed that SCCWRP, through its Executive Director, shall use its best efforts
in procuring sources of income other than contributions from the Signatories. Such sources
include,but are not limited to, income from grants or contracts from federal and state agencies.
Grants and contracts may be entered into by the Executive Director, or Deputy Director in
his/her absence, to the limit of One Hundred Thousand Dollars ($100,000)per individual
agreement and any grant or contract in excess of said sum but no more than Two Hundred and
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Fifty Thousand Dollars ($250,000) may be entered into by the Executive Director, or Deputy
Director in his/her absence,provided it is approved by the Chair of the Commission prior to
acceptance and execution by the Executive Director or Deputy Director. Any grant or contract in
excess of Two Hundred and Fifty Thousand Dollars ($250,000) shall require the prior express
approval of the Commission, or by the Chair of the Commission should an emergency action be
required prior to the next Commission meeting.
The Commission shall yearly, on or before June 30, adopt and issue an estimated Annual
Operating Budget that projects the funds necessary to maintain and operate SCCWRP for the
forthcoming fiscal year being from July 1 of the current calendar year to and including June 30
of the following calendar year. The Budget shall, among other things, contain a statement of
anticipated outside sources of revenue and shall not exceed the sum of the total contributions by
the signatories, as hereinabove provided, plus the outside revenue.
In the event that any Signatory is unable or unwilling to pay to SCCWRP the funding
attributable to it for the upcoming fiscal year as set forth above, then such Signatory shall notify
in writing each of the other Signatories and SCCWRP of its inability no later than February 1.
Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and
SCCWRP created hereby, effective as of July 1 of such year. SCCWRP shall continue in effect
and all provisions hereof shall be binding except that the maximum net funds which may be
requested of the Signatories shall not be increased above the individual agency contributions set
forth above, unless otherwise agreed to by all of the remaining Signatories.
In the absence of such notification, each Signatory shall be deemed to have consented to
such expenditure and the amount thereof shall, on July 1, become an enforceable obligation of
each Signatory to the extent permitted by law.
Nothing in this Agreement shall preclude a Signatory from advancing all or a portion of
its contribution to SCCWRP.
None of the Signatories to this Agreement shall be entitled by virtue of withdrawal to
receive any payment of money or share of assets of SCCWRP except as may be agreed upon by
the remaining Signatories.
10. TERM AND TERMINATION
This Amended Joint Powers Agreement shall remain in full force and effect from July 1,
2021 through June 30, 2026 inclusive.
In the event that any Signatory chooses to withdraw from SCCWRP, then such Signatory
shall notify in writing each of the other Signatories and SCCWRP of its decision, no later than
February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement
and SCCWRP created hereby effective as of June 30 of such year. SCCWRP shall continue in
effect and all provisions hereof shall be binding upon and inure to the benefit of the remaining
Signatories.
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In the event that any non-Signatory agency of the Commission chooses to withdraw from
SCCWRP, then such Commission agency shall notify SCCWRP of its decision in writing at least
thirty (30) days prior to the date of anticipated withdrawal. Such Commission agency shall be
thereupon deemed withdrawn from participation on the date specified in this notice provided
such notice is given at least 30 days prior to the anticipated withdrawal and SCCWRP.
SCCWRP shall continue in effect and be governed by the remaining Commission members.
11. SCOPE AND CONDUCT OF SCCWRP
The scope of SCCWRP's research work shall be reviewed and approved annually by the
Commission, which shall seek the advice and counsel of the Executive Director and any other
outside advisors deemed necessary or appropriate.
The mechanism for review shall be a working research plan, revised annually or as
otherwise necessary as determined by the Commission, stating the overall goals and objectives
and including an outline of the known current and anticipated future year's research, staffing and
funding necessary to successfully achieve the research objectives of this Agreement.
The Commission shall, from time to time,but not less than once each year, submit a
report to the governing bodies of each of the Signatories of this Agreement that shall include, but
not be limited to, a summary of research accomplishments during the past year, discussion of
research in progress and a financial statement.
12. AGENCIES OF SCCWRP
The Executive Director is hereby appointed the Treasurer of SCCWRP and shall be
responsible for the disposition of the funds of SCCWRP. The Executive Director is also
appointed Auditor of SCCWRP.
The Treasurer and Auditor shall make such reports and cause such audits of the accounts
and records of SCCWRP to be made as are required by law.
The Commission shall employ such legal counsel as it determines shall best serve the
interests of SCCWRP.
SCCWRP shall be strictly accountable for all funds and shall report all receipts and
disbursements.
The manner of exercising the common power provided for herein shall be subject to the
restrictions on the manner of exercising such power of the Los Angeles County District.
13. ACCOUNTING
SCCWRP shall establish and maintain such funds and accounts as may be required by
good accounting practice. The Treasurer of SCCWRP shall have custody of the funds of
SCCWRP and disbursement shall be made by the Treasurer in accordance with applicable
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procedures. Any earnings on the funds of SCCWRP shall be credited to and be a part of the
funds of SCCWRP.
The fiscal year of SCCWRP shall begin on the first day of July of each year and shall end
on the thirtieth day of June of the following.
The Auditor shall contract with an independent certified public accountant to make an
annual audit of the account and records of SCCWRP. A report thereof shall be filed as a public
record with each of the Signatories and also with the County Auditor of the Counties of Los
Angeles, Orange and San Diego. Such report shall also be filed with the Secretary of the State of
California and shall be filed within twelve (12) months of the end of the fiscal year under such
examination.
The cost of the audit shall be a debt of SCCWRP.
14. POWERS AND DUTIES OF SCCWRP
SCCWRP shall and is hereby authorized in its own name to do all things necessary and
desirable (subject to the limitations provided in this Agreement) to carry out the purposes of this
Agreement, including, but not limited to, the following:
(a) To make and enter into contracts;
(b) To employ agents and employees;
(c) To acquire, construct, manage, maintain or operate any buildings, works or
improvements;
(d) To acquire, hold or dispose of property;
(e) To incur debts, liabilities and obligations which shall not constitute the debts,
liabilities or obligations of any of the Signatories or any of the Commission members;
and
(f) To sue and be sued in its own name.
15. DISPOSITION OF PROPERTY AND SURPLUS FUND
At the termination of this Agreement, any and all property, funds, assets and interests
therein of SCCWRP shall become the property of and be distributed to such of the Signatories as
are then members of SCCWRP, or their successors, in the same proportion as the then
Signatories, or their successors, have contributed to the total cost of the agency.
16. PRIVILEGES AND IMMUNITIES
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All of the privileges and immunities from liability, exemptions from laws, ordinances and
rules, all pension, relief, disability, workers compensation and other benefits which apply to the
activities of officers, agents or employees of any of the public agencies which are signatory to
this Agreement when performing their respective functions within the territorial limits of their
respective public agencies, shall apply to them to the same degree and extent while engaged in
the performance of any of their functions and duties extra-territorially under the provisions of
this Agreement.
17. MISCELLANEOUS
The section headings herein are for convenience only and are not to be construed as
modifying or governing the language in the section referred to.
18. SUCCESSORS
This agreement shall be binding upon and shall inure to the benefit of the successors of
the parties.
19. INDEMNIFICATION AND LIABILITY INSURANCE
SCCWRP shall carry during the entire term of this Agreement, liability insurance
coverage, naming all Signatories and others including Commission members as additional
insured parties, in such kind and amounts as the Commission may from time to time determine to
be appropriate. Such cost shall be a debt of SCCWRP.
SCCWRP shall indemnify and hold harmless each Commission agency, its officers,
agents, and employees, including each agency representative from and against all claims,
demands or liability, including legal costs, arising out of or encountered in connection with this
Agreement and the activities conducted hereunder and shall defend them and each of them
against any claim, cause of action, liability, or damage resulting therefrom.
20. DISCLAIMER
Approval of research work by the Commission is not intended in any way to bind,
commit or unduly influence decisions of the Signatory or non-Signatory members of the
Commission. The findings, conclusions and recommendations of SCCWRP shall not be
construed necessarily as the position of any Signatory or non-Signatory member of the
Commission.
21. COUNTERPART
This Agreement may be signed in several counterparts, each of which shall be deemed an
original and all of which shall constitute but one and the same agreement.
IN WITNESS THEREOF, the parties have executed this Ninth Amended Agreement on
the dates hereafter set forth.
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CITY OF LOS ANGELES, DATED:
a municipal corporation
13y: 7( Cam— ^�— ATTEST:
Attest: Holly Wolcott, City Clerk
AiTROVFD AS F0 FORM: By:
Deputy Clerk
By: Dated: 8-13-21
[Signatures Contin]LIc]
II
Board of Public Works Meeting -August 4 2021 - PAGE 2053
ORANGE COUNTY SANITATION DATED: L �
DISTRICT,a special district
By:
Ja es D. Flerberg
General Manager
Kelly A. 1-
Clerk oFth oard
APPR0 VFD,\S ioFORM:
4
By: /Lf
Brad , R. H gin
Gen ral Counsel
[Signatures Continue]
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CITY OF SAN DIEGO, DATED: h12�2 0
a municipal corporation
By: ATTEST:
APPROVED AS TO FORM:
By: lz�'L/Izo
13
d'IV�c+I�a•P
COUNTY SANITATION DISTRICT No. DATED• 2 5 2020
2 OF LOS ANGELES COUNTY,
a special district
B ATTEST:
APPROVED AS TO FORM:
By:
(End of Signatures)
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