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HomeMy WebLinkAboutOlivenhain Municipal Water District; 2004-06-23;SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR COST SHARING AND PAYMENT FOR JOINT RETENTION OF THE FURMAN GROUP WHEREAS, the Carlsbad Municipal Water District ("CMWD") and the Olivenhain Municipal Water District ("OMWD"), jointly agreed to retain The Furman Group ("Furman") in June 2004; and WHEREAS, the CMWD and OMWD have cooperated to develop a regional area recycled water project generally known as the Encina Basin Recycled Project (CMWD) and the Northwest Quadrant Recycled Project (OMWD); and WHEREAS, the CMWD and OMWD have received funding under the Title XVI program and the parties hereto anticipate that they will receive further funds under the Title XVI program during the term of this Agreement; and WHEREAS, the CMWD and OMWD have jointly agreed to utilize Furman for CMWD and OMWD services to promote support and funding for the Title XVI program for the Encina Basin Project and the Northwest Quadrant Recycled Project; and WHEREAS, it is the intent and purpose of this amended Agreement to specify the time and manner in which payment will be made to Furman, and in which costs of Furman (see Exhibit A) will be allocated and reimbursed as the funds are spent by the parties. NOW, THEREFORE, the parties hereto agree as follows: 1. The foregoing recitals are true and correct. The term of this agreement shall be for one year from June 1, 2006 or the date of signature by both parties, whichever is first. 2. The CMWD and the OMWD shall pay the following costs of The Furman contract: CMWD: Two (2) installments of $17,500.00 each for a total of $35,000.00. OMWD: Two (2) installments of $17,500.00 each for a total of $35,000.00. 2.1 Out-of-pocket expenses will be invoiced to the OMWD, by Furman, on a monthly basis and will be shared equally by both the CMWD and OMWD. In no case will out-of-pocket expenses exceed a total of $400.00 per month without prior approval by the OMWD. 2.2 In no event shall the total expenditures for services and out of pocket expenses exceed $74,800 or $37,400 from each entity. 3. CMWD shall make its semi-annual payments to the OMWD according to the following schedule, and the OMWD shall add its semi-annual payment to CMWD's payment, making one (1) full payment to Furman as described below: PAYMENT First Payment Second Payment DUE TO THE OMWD July 1,2006 December 15, 2006 DUE TO THE FURMAN GROUP July 15, 2006 January 1, 2007 4. The parties recognize the balance of the Title XVI funds not previously dispersed available for planned projects by the CMWD and by OMWD will fund up to 25% of construction and administration costs. The CMWD and OMWD agree to allocate available Title XVI funds on a pro-rata basis annually to each project as available each Fiscal Year up to a maximum of $5M to the CMWD and $1M to OMWD, presently 25% of estimated project completion costs for each entity. 5. The OMWD shall act as the administrator for The Furman Group contract at no charge to the CMWD, provided that the OMWD shall have no obligation to advance funds to Furman on behalf of the CMWD, if funds are not deposited in a timely manner with the OMWD by the CMWD. The OMWD will administer The Furman Group contract as a convenience only and assumes no other responsibility under said contract on behalf of the CMWD. The OMWD shall receive monthly reports from The Furman Group and will share them with CMWD. OMWD and CMWD may agree to meet with The Furman Group for consultation and reports as needed or requested. 6. OMWD shall provide copies of all Furman invoices, payments to Furman, and fund requests to CMWD at: CMWD of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Ray Patchett CMWD shall have the right to comment on these records and request corrections thereto if necessary. CMWD may assume responsibility for administering its portion of the contract if CMWD deems it necessary to do so, upon written notice at least sixty (60) days in advance to OMWD, amending this agreement. 7. The effective date of this Agreement is \ / DATED:CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) DATED: t OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) McCollom, General Manager DATED:APPROVED AS TO FORM AND LEGALITY By: RONALD R. BALL, City Attorney City of Carlsbad FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR COST SHARING AND PAYMENT FOR JOINT RETENTION OF THE FURMAN GROUP WHEREAS, the Carlsbad Municipal Water District (“CMWD”) and the Olivenhain Municipal Water District (“OMWD”), jointly agreed to retain The Furman Group (“Furman”) in June 2004; and WHEREAS, the CMWD and OMWD have cooperated to develop a regional area recycled water project generally known as the Encina Basin Recycled Project (CMWD) and the Northwest Quadrant Recycled Project (OMWD); and WHEREAS, the CMWD and OMWD have received funding under the Title XVI program and the parties hereto anticipate that they will receive further funds under the Title XVI program during the term of this Agreement; and WHEREAS, the CMWD and OMWD have jointly agreed to utilize Furman for CMWD and OMWD services to promote support and funding for the Title XVI program for the Encina Basin Project and the Northwest Quadrant Recycled Project; and WHEREAS, it is the intent and purpose of this amended Agreement to specify the time and manner in which payment will be made to Furman, and in which costs of Furman (see Exhibit A) will be allocated and reimbursed as the funds are spent by the parties. NOW, THEREFORE, the parties hereto agree as follows: 1. The foregoing recitals are true and correct. The term of this agreement shall be for one year from June 1 , 2005 or the date of signature by both parties, whichever is first. 2. The CMWD and the OMWD shall pay the following costs of The Furman contract: CMWD: Two (2) installments of $1 7,500.00 each for a total of $35,000.00. OMWD: Two (2) installments of $1 7,500.00 each for a total of $35,000.00. 2.1 Out-of-pocket expenses will be invoiced to the OMWD, by Furman, on a monthly basis and will be shared equally by both the CMWD and OMWD. In no case will out-of-pocket expenses exceed a total of $400.00 per month without prior approval by the OMWD. 2.2 In no event shall the total expenditures for services and out of pocket expenses exceed $74,800 or $37,400 from each entity. 3. 4. 5. 6. PAYMENT CMWD shall make its semi-annual payments to the OMWD according to the following schedule, and the OMWD shall add its semi-annual payment to CMWD’s payment, making one (1) full payment to Furman as described below: DUE TO THE OMWD DUE TO THE FURMAN GROUP First Payment Second Payment July 1,2005 July 15,2005 December 15,2005 January 1,2006 The parties recognize the balance of the Title XVI funds not previously dispersed available for planned projects by the CMWD and by OMWD will fund up to 25% of construction and administration costs. The CMWD and OMWD agree to allocate available Title XVI funds on a pro-rata basis annually to each project as available each Fiscal Year up to a maximum of $5M to the CMWD and $1 M to OMWD, presently 25% of estimated project completion costs for each entity. The OMWD shall act as the administrator for The Furman Group contract at no charge to the CMWD, provided that the OMWD shall have no obligation to advance funds to Furman on behalf of the CMWD, if funds are not deposited in a timely manner with the OMWD by the CMWD. The OMWD will administer The Furman Group contract as a convenience only and assumes no other responsibility under said contract on behalf of the CMWD. The OMWD shall receive monthly reports from The Furman Group and share them with CMWD. OMWD and CMWD may agree to meet with The Furman Group for consultation and reports as needed or requested. OMWD shall provide copies of all Furman invoices, payments to Furman, and fund requests to CMWD at: CMWD of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Attention: Ray Patchett CMWD shall have the right to comment on these records and request corrections thereto if necessary. CMWD may assume responsibility for administering its portion of the contract if CMWD deems it necessary to do so, upon written notice at least sixty (60) days in advance to OMWD, amending this agreement. ill 2 7. The effective date of this Agreement is ~~/o//o~ DATED: JUN 1 3 2005 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) Ray qchett, CMWD' Manager n OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) /-7 / B David C. McCollom, General Manager DATED: JUN 1 3 2005 APPROVED AS TO FORM AND LEGALITY By: R0"NALD R. BAL~, City Aftordy - - City of Carlsbad 3