HomeMy WebLinkAboutSan Diego County Water Authority; 1997-05-16;+
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May 16,1997
Mr. C. Michael Cowett
Best Best & Krieger LLP
402 West Broadway, 13 th Floor
San Diego, CA 92101-3542
Re: Coalition Agreement
Enclosed please find the original signature page for the agreement establishing the
County Water Coalition.
Thank you for your assistance in this matter.
L
CMC
KRK:ijp
Enclosure
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-.
T 0 e - BEST BEST & KRIEGER LLP
A CALIFORNIA LlMlTED LlAQlLlTI PARTHERSMP INCLYDlNQ PROFESSlONAL CORPORAiiONS
ON1 RIVERS ID E
(909) 9 (909) 686-1450 SAN DIEGO. CALIFORNIA 92101-3542 -
RANCHO MIRAGE TELEPHONE (619) 525-1300 VlCTO
(7601 568-2611 TELECOPIER (619) 233-6118 (760) 2
LAWYERS
402 WEST BROADWAY, 13TH FLOOR __
May 13, 1997
City Clerk
1200 Carlsbad Valley Drive
Carlsbad, California 92008
Attention: Karen
Re: Coalition Agreement
Dear Karen:
Please find enclosed a new signature page for Carlsbad Municipal Water District.
After it is signed, please return the original to me.
If you have any questions, please do not hesitate t? call.
,.
CMC:de
Enclosure
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SDPUB\CMC\1996
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April 18 Date
To File CI Reply Wanted
From Isabelle Paulsen UNO Reply Necessary
On this date, Marie Goffredo, CMWD, was sent the original
agreement establishing the County Water Coalition (CWC).
Council Meeting: April 15, 1997
CMWD Resolution No. 963.
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AGREEMENT BY AND AMONG SEVERAL CITIES AND DISTRICT
MEMBER AGENCIES OF THE SAN :DIEGO COUNTY WATER AUTHORITY
TO FORM A COALITION TO PURSUE THEIR MUTUAL INTERESTS
This Agreement is made and entered into by and among the undersigned local public ag
(“Member Agencies” collectively, “Member Agency” individually hereinafter) in reference
following:
A. Each of the member agencies is a municipal corporation or district duly authorize
existing under the laws of the State of California, and situated within the boundaries
County of San Diego and as a member public agency in the San Diego County
Authority (“Water Authority”). Each party has the power to sue and be sued in it
name.
Concerns have arisen among the member agencies regarding a number of issues includi
manner of decision making at the Water Authority.
The member agencies believe they have common interests and concerns and that purr
those interests and concerns would best be pursued as a coalition.
NOW, THEREFORE, the undersigned Member Agencies agree as follows:
B.
C.
1. Purpose.
The purpose of this Agreement is to provide for a unified effort to achieve an eff
resolution of specific common concerns concerning decision making at the Water hth
Although each member agency has the right to pursue a similar effort separately in its ow narn
resulting efforts would be duplicative and, in some cases, prohibitively costly. Througl
Agreement, the Member Agencies agree:
a. To form a coalition and establish thie terms and conditions under which it may pi
a unified effort involving:
1. Negotiation and pursuit of legislation modifying voting powe
procedures at the Water Authority;
The conduct of studies as necessary to evaluate the potential fc
provision of alternative water supplies;
Providing for the management and direction of such unified eE
Providing for the allocation of expenses in pursuing the unified el
.. 11.
iii.
iv.
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2. No Separate Ayencv Created.
The Member Agencies do not intend to create a separate public agency throui
Agreement and no provision of this Agreement should be so construed.
3. Authorization to Commence Effort.
By execution of this Agreement, each Member Agency authorizes and directs that the 1
effort be diligently pursued in the names of each of the Member Agencies, for the general pi
of obtaining modifications to the Water Authority Act and investigating alternative water su
4. Name of the Unified Effort.
The Member Agencies who are signatory to this Agreement shall be referred to as th
Diego County Water Agencies Coalition” (“Coalition”).
5. Administration of the Coalition
a. The Administration of the Coalition called for in this Agreement is delegated
vested in the Executive Committee, which shall be comprised of the elected
Vice Chair, Secretary and Treasurer, and one representative of Coalition IT
elected at large by members of the Coalition.
The Executive Committee, under the direction of the Coalition member agenciei
1. Select and retain, on behalf of each of the Member Agencies, profei
consultants, including but not limited to legal counsel, engir
consultants, economic and other consultants;
Determine all matters of tactics and strategy on which the profei
consultants request direction;
Authorize, evaluate and rnonitor professional expenses;
Conduct negotiations, if any, provided that any proposed agreement sha
only those Member Agencies that consent;
b.
.. 11.
... 111.
iv.
6. Accounting Services.
a. The Finance Director of Valley Center Municipal Water District (“Finance Din
shall provide accounting services for all payments and receipts required by the
of this Agreement, and shall be responsible for the safe keeping of all hnds I
or to the Member Agencies concerning this Agreement.
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b. The Valley Center Municipal Water District shall not be required to ha
accounting audited but shall make the record available to each and every M
Agency upon a request.
7. Obligation of the Member Agencies.
a. Each Member Agency shall, upon the execution of this Agreement, make an
commitment to pay its “appropriate share” of all expenses to be incurred
performance of the activities called for by this Agreement.
If approved by its Board of Directors, after the initial commitment, each M
Agency shall pay, immediately upon demand of the Finance Director, its “apprc
share” of all expenses incurred in the performance of the activities called for
Agreement.
All bills and invoices for expenses incurred pursuant to this Agreement shall
subject of approval by the Executive Committee. Upon approval, the F
Director shall pay such bills and invoices.
Every three months, commencing February 1, 1997, the Executive Committe
calculate the “appropriate share” owed by each member agency. The F
Director shall prepare and send to each Member Agency a demand for payn
the “appropriate share.”
The “appropriate share” of each Member Agency shall be calculated as folio\
b.
c.
d.
e.
All expenses shall be apportioned among all of the
Member Agencies proportionally, based on the total
financial contribution for the immediately preceding
five year period of the Member Agency as indicated in
the 1996 records prepared by the Water Authority.
When all Member Agencies have had the opportunity
to execute this Agreement, the Finance Director shall,
as directed by the Executive Committee, send a bill to
each Member Agency for the initial contribution of
“Appropriate Share.” The amount of the initial
contribution shall represent the Member Agencies’
appropriate share of the estimated expenses to be
incurred during the first six months as determined by
the Executive Committee.
f. In the event a Member Agency withdraws from this Coalition, the Finance Di
shall recalculate the appropriate, proportionate share of each remaining M
Agency.
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g. Any fhds remaining upon the teilnination of this Coalition shall be returned
Member Agencies in proportion to each Member Agency’s contribution to the
8. Confidentiality of Documents.
Each Member Agency agrees:
a. To treat as confidential any documents prepared on behalf of the Coalition
professional consultants.
9. Termination of the Agreement
This Agreement shall terminate as to any Member Agency upon the occurrence of any
following conditions:
a. Fifteen days after a written notice of termination is delivered by any Member A
to the then chairperson of the Executive Committee; provided, however, th
terminating Member Agency shall be liable for its appropriate share of any exF
incurred up to the date notice of termination is received which exceed the termii
Member Agencies prior contribution; and provided, further, that in no event 5
terminating Member Agency be entitled to a refhd of all or any part of its
contribution; or
Automatically, upon the failure of any Member Agency to pay its appropriate
of expenses within sixty (60) days of the date of invoice.
b.
10. Modification.
This Agreement may be amended at any time upon the written approval of all parties
Agreement.
11. Notices.
Any notices to be sent to any Member Agency shall be directed to the office of the Ma
of the Member Agency, with copies to the managers of all other Member Agencies.
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12. Counterparts.
This Agreement may be executed in multiple counterparts.
Executed on the date entered adjacent to the signature, in California, by:
Date: G/s- 77
APPROVED AS TO FORM:
By:
Its:
CITY OF DEL MAR
By: Date:
Its: Mayor
APPROVED AS TO FORM:
By:
Its: City Attorney
CITY OF ESCONDIDO
By: Date:
Its: Mayor
APPROVED AS TO FORM:
By:
Its: City Attorney
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CITY OF OCEANSIDE
By: Date:
Its: Mayor
APPROVED AS TO FORM:
By:
Its: City Attorney
FALLBROOK PUBLIC UTILITY DISTRICT
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: District Counsel
OLIVENHAIN MUNICIPAL WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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RAINBOW MUNICIPAL, WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
RAMONA MUNICIPAL, WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
RZNCON DEL DIABLO WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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SAN DIEGUITO WATER DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
SANTA FE IRRIGATION DISTRICT:
By: Date:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
VALLECITOS WATER DISTRICT:
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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VALLEY CENTER MUNICIPAL WATER DISTRICT
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
VISTA IRRIGATION DISTRICT
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By :
Its: General Counsel
YUIMA MUNICIPAL WATER DISTRICT:
By: Dated:
Its: President of the Board
APPROVED AS TO FORM:
By:
Its: General Counsel
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