HomeMy WebLinkAboutSan Diego County Water Authority, Olivenhain Municipal Water District, San Dieguito Water District, Leucadia County Water District; 1995-06-02;,
JOINT PARTICIPATION AGREEMENT FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING
BETWEEN
THE SAN DIEGO COUNTY WATER AUTHORITY,
THE OLIVENHAIN MUNICIPAL WATER DISTRICT,
THE CARLSBAD MUNICIPAL WATER DISTRICT,
THE SAN DIEGUITO WATER DISTRICT
AND
THE LEUCADIA COUNTY WATER DISTRICT
THIS AGREEMENT is made this 2nd day of _J_un_e ____ , 19_95_,
between the San Diego County Water l',.uth'.)Yi ty, hereinafter
referred to as "Authority", the Olivenhain Municipal Water
District, hereinafter referred to as "Sponsoring Member Agency",
the Carlsbad Municipal Water District, hereinafter referred to as
"Co-Sponsoring Member Agency", the San Dieguito Water District,
hereinafter referred to as the ''Additional Co-Sponsoring Member
Agency", and the Leucadia County Water District, hereinafter
referred to as "Agency" with respect to the following facts:
RECITALS
1. Authority has established a Financial Assistance Program for
the purpose of encouraging and supporting development of water
reclamation and groundwater projects by providing funding
assistance on a matching basis up to $50,000 for facilities
planning, feasibility investigations, and preliminary studies.
2. Agency is preparing a planning study (Report) to analyze the
feasibility of expanding the Gafner Wastewater Treatment Plant or
constructing a new water reclamation facility to serve markets in
the Encina Basin area.
3. The Report is eligible for funding under the Financial
Assistance Program.
4. The Sponsoring Member Agency, Co-Sponsoring Member Agency,
and Additional Co-Sponsoring Member Ag€ncy are member agencies of
the Authority.
5. All or a portion of the proposed Project is located within
the Sponsoring Member Agency's, Co-Sponsoring Member Agency's, or
Additional Co-Sponsoring Member Agency's service area.
6. The Sponsoring Member Agency, Co-Sponsoring Member Agency,
and Additional Co-Sponsoring Member Agency have agreed to sponsor
the Agency's application for funding under the Financial
Assistance Program.
7. On February 9, 1995, the Authority Board of Directors
approved funding assistance to Agency under the Financial
Assistance Program for the Report.
AGREEMENT
Section 1. Funding
The Report is estimated to cost $140,000. The Authority
Board of Directors has approved up to $50,000 in matching funds
to conduct the Report.
Section 2. Sponsoring, Co-Sponsoring, and Additional
Co-Sponsoring Member Agencies
Sponsoring Member Agency, Co-Sponsoring Member Agency and
Additional Co-Sponsoring Member Agency agree to sponsor Agency
solely for purposes of conducting the Report. Sponsoring Member
Agency, Co-Sponsoring Member Agency and Additional Co-Sponsoring
Member Agency shall have no rights, duties or obligations under
this Agreement.
Section 3. Agency Expenditures
Contributions from 1) private entities and 2) public
entities located outside the County of San Diego, including but
not limited to the Metropolitan Water District of Southern
California and the U.S. Bureau of Reclamation, shall be
subtracted from the cost of the Report for the purposes of
calculating Agency expenditures and determining Authority match.
Upon completion of the approved Report, Authority funds not
spent, or not matched by Agency, will be refunded to Authority.
Section 4. Disbursement Conditions
Upon completion of the following four items, Authority will
make approved funds available to Agency.
1. Agencxn~bb!s~'r}~gt}f~ \~eli!-~?#-r,f;.. ~---work for the Report.
Authority/reserves the M.ght to review #d comment on the
proposed scope of work.
2. Agency will submit an executed copy of the contract for
services to conduct the Report.
3. Agency will submit a resolution or action item adopted by
its governing Board authorizing the Report and matching funds.
4. If available, Agency will provide the most recent invoice
demonstrating the total amount of funds spent to date on services
to conduct the Report.
Section 5. Cooperation
Agency will provide Authority with a monthly progress report
as the study progresses. Agency will provide Authority with
copies of the draft Report and any interim documents for
Authority staff's review and input. Agency will provide
Authority with reasonable access to information being developed
or secured for study and report purposes including, if necessary,
an audit of costs associated with the Report.
Section 6. Completion
At the conclusion of the Report, Agency will furni~h coyies
of the closing invoice received by the Agency for servi tftJ: 1"7L ana co-sponsors ,-p~~
provided. Agency shall furnish Authority/with three co ·es of
the final Report.
Section 7. Reimbursement to Authority
Agency will reimburse Authority 1) within five years after
it has successfully completed the feasibility phase and certified
a California Environmental Quality Act (CEQA) or National
Environmental Policy Act (NEPA) document for the project
resulting from the Report or 2) project construction and
implementation results in funding for the project from some other
source, including but not limited to Metropolitan Water
District's Local Projects Program, Groundwater Recovery Program
or Authority's Reclaimed Water Development Fund, whichever is
earlier in time. Authority shall be reimbursed such amounts not
to exceed the amount contributed by Authority to the Report plus
interest calculated at Authority's average interest earnings rate
for the pertinent period. At Agency's request, Authority shall
allow payments toward reimbursement to be made in installments
over a period of time not to exceed five years. For the purpose
of interest calculation, the pertinent period shall be from the
disbursement of funds by Authority to Agency up to the date the
first payment towards reimbursement is made by Agency.
Section 8. California Environmental Quality Act
As lead agency for the Report, Agency is responsible for
assuring that the Report complies with the requirements of the
California Environmental Quality Act (CEQA).
Section 9. Indemnity -Hold Harmless
Agency shall defend, indemnify, protect and hold Authority
and its agents, officers and employees harmless from and against
any and all claims asserted or liability established for damages
or injuries to any person or property, including injury to the
Agency's employees, agents or officers, which arise from or are
connected with or are caused or claimed to be caused by the
negligent acts or omissions of the Agency and its agents,
officers or employees, in conducting the Report, and all expenses
of investigating and defending against same; provided, however,
that Agency's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established sole
negligence or willful misconduct of Authority, its agents,
officers or employees.
Section 10. Laws and Venue
This agreement shall be interpreted in accordance with the
laws of the state of California. If any action is brought to
interpret or enforce any term of this agreement, the action shall
be brought in a state or federal court situated in the county of
San Diego.
Section 11. Assignment
Agency shall not assign, sublet, or transfer this agreement
or any rights or interest in this agreement without the written
consent of Authority, which may be withheld for any reason.
Section 12. Integration
This agreement represents the entire understanding of
Authority, Sponsoring Member Agency, Co-Sponsoring Member Agency,
Additional Co-Sponsoring Member Agency and Agency as to those
matters contained herein. No prior oral or written understanding
should be of any force or effect with respect to those matters
covered hereunder. This agreement may not be modified or altered
except in writing signed by Authority, Sponsoring Member Agency,
Co-Sponsoring Member Agency, Additional Co-Sponsoring Member
Agency and Agency.
Section 13. Notice
Any notice or instrument required to be given or delivered
by this agreement may be given or delivered by depositing the
same in any United States Post Office, registered or certified,
postage prepaid, addressed to:
San Diego County Water Authority
3211 Fifth Avenue
San Diego, CA 92103
Attention: Water Reclamation Director
Agency:
Leucadia County Water District
1960 La Costa Avenue
Carlsbad CA 92009
Attention: General Manager
Sponsoring Member Agency:
Olivenhain Municipal Water District
1966 Olivenhain Road
Encinitas, CA 92024
Attention: General Manager
Co-Sponsoring Member Agency:
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attention: General Manager
Additional Co-Sponsoring Member Agency:
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas. CA 92023-1010
Attention: General Manager
Section 14: Signatures
The individuals executing this agreement represent and
warrant that they have the legal capacity and authority to do so
on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date written above:
Approved as to form:
Gene Counsel
SAN DIEGO
By:
John
CARLSBAD MUNICIPAL_J:ATE~ DISTRICT
By,~~
SAN
By:
DIEGUITO WATER DISTRICT
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San Diego County Water Authority