HomeMy WebLinkAbout1996-06-18; Municipal Water District; 328; Financial Assistance Program FundingE3 6 % %
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AB# &f I TITLE: APPROVAL OF THREE JOINT
MTG. 06/16/96 PARTICIPATION AGREEMENTS FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING
DEPT. CMWD BETWEEN THE SDCWA AND CMWD
RECOMMENDED ACTION:
-
/’ CARLSBAD MUNICIPAL WATER DlSTdlCT - AGEND
Adopt Resolution No. 933 approving Joint Participation Agreements for Financial Assistance Program
Funding on the Water Resources Master Plan, the Phase II Reclaimed Water System Preliminary Design
Report, and the Desalination Pilot Plant between the San Diego County Water Authority and Carlsbad
Municipal Water District.
ITEM EXPLANATION:
In November 1995, the CMWD submitted applications to the San Diego County Water Authority (CWA)
for their financial assistance program (FAP) funding on three projects. In a letter dated March 4, 1996,
the CWA notified CMWD that funding was approved in the amounts shown below for the three projects:
PROJECT TITLE
Water Resources Master Plan Report
Phase II Reclaimed Water System Preliminary Design Report
Desalination Pilot Plant Study
These funds will be used for preliminary investigations, studies, and reports.
FAP FUNDING
$35,000
$50,000
$32,920
FISCAL IMPACT:
These three joint participation agreements for financial assistance from the San Diego County Water
Authority will be reimbursed to the Authority if one of the two following events occur:
1. Within five years after CMWD has successfully completed the feasibility phase and certified a CEQA
or NEPA document resulting from the feasibility report; or
2. Funding from another source is obtained to construct and implement project.
If funding is secured for any project resulting from the feasibility studies, CMWD will include the
reimbursement cost as part of the funding package.
ENVIRONMENTAL:
There is no environmental impact from these agreements.
EXHIBITS:
1. Three Joint Participation Agreements.
2. Resolution No. %@ for approval of three Joint Participation Agreements for Financial Assistance
Program Funding Between the San Diego County Water Authority and Carlsbad Municipal Water
District.
JOINT PARTICIPATION AGREEMENT FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING
BETWEEN
THE SAN DIEGG COUNTY WATER AUTHORITY
CARLSBAD MUNICIPAL WATER DISTRICT
THIS AGREEMENT is made this of day ,19-L between the San
Diego County Water Authority (hereinafter referred to as “Authority”) and the Carlsbad
Municipal 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 conducting a preliminary design report (“Report” herein) to obtain funding from
the U.S. Bureau of Reclamation for design and construction of phase II of its Reclaimed
Water System.
3. The Report is eligible for funding under the Financial Assistance Program.
4. On February 8, 1996, the Authority Board of Directors approved funding assistance to
Agency under the Financial Assistance Program for the Report.
AGREEMENT
Section 1. Amount of Funding
The Report is estimated to cost $100,000. The Authority Board of Directors has
approved up to $50,000 in matching funds to conduct the Report.
Section 2. Aaencv Exnenditures
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.
EXHIBIT 1
Section 3. Disbursement Conditions
Upon completion of the following four items, Authority will make approved tinds
available to Agency.
1. Agency will submit a detailed scope of work for the Report. Authority reserves the right
to review and 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 tinds spent to date on services to conduct the Report.
Section 4. 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 stafl’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 5. Comnletion
At the conclusion of the Report, Agency will tirnish copies of the closing invoice received
by the Agency for services provided. Agency shall tirnish Authority with two copies of the final
Report.
Section 6. Reimbursement to Authori@
Agency will reimburse Authority 1) within five years after it has successfblly 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 fbnding 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
&nds by Authority to Agency up to the date the first payment towards reimbursement is made by
Agency.
Section 7. California Environmental Qualitv Act
As lead agency for the Report, Agency is responsible for ensuring that the Report
complies with the requirements of the California Environmental Quality Act (CEQA).
Section 8. Indemnitv - 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 willfi~l misconduct of Authority, its agents, officers or
employees.
Section 9. 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 10. Assinnment
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 11. Integration
This agreement represents the entire understanding of Authority 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 and Agency.
Section 12. 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
32 11 Fifth Avenue
San Diego, CA 92 103
Attention: Water Reclamation Director
Agency:
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attention: General Manager
Section 13 : 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:
SAN DIEGO COUNTY WATER AUTHORITY
By:
Maureen A. Stapleton
General Manager
ER DISTRICT
JOINT PARTICIPATION AGREEMENT FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING
BETWEEN
THE SAN DIEGG COUNTY WATER AUTHORITY
CARLSBAD MUNICIPAL WATER DISTRICT
THIS AGREEMENT is made this of day , I9- between the San
Diego County Water Authority (hereinafter referred to as “Authority”) and the Carlsbad
Municipal 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 conducting a seawater/brackish groundwater desalination study (“Study”
herein) to design, construct, and operate a 10,000 gallons per day desalination plant.
3. The Study is eligible for funding under the Financial Assistance Program.
4. On February 8, 1996, the Authority Board of Directors approved funding assistance to
Agency under the Financial Assistance Program for the Study.
AGREEMENT
Section 1. Amount of Funding
The Study is estimated to cost %3,500,000. The Authority Board of Directors has
approved up to $32,940 in matching funds to conduct the Study.
Section 2. Agencv Exnenditures
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 Study for the
purposes of calculating agency expenditures and determining Authority match. Upon completion
of the approved Study, Authority funds not spent, or not matched by Agency, will be refunded to
Authority.
-
Section 3. Disbursement Conditions
Upon completion of the following five items, Authority will make approved fi.rnds
available to Agency.
1. Agency will submit a detailed scope of work for the Study. Authority reserves the right to
review and comment on the proposed scope of work.
2. Agency will submit an executed copy of the contract for services to conduct the Study.
3. Agency will submit a resolution or action item adopted by its governing Board authorizing
the Study and matching funds.
4. Agency will submit a signed memorandum of understanding between the participants in
the project reflecting a commitment for financial participation through completion of the
study.
5. If available, Agency will provide the most recent invoice demonstrating the total amount
of funds spent to date on services to conduct the Study.
Section 4. Cooneration
Agency will provide Authority with a monthly progress report as the study progresses.
Agency will provide Authority with copies of the draft Study and any interim documents for
Authority stag% 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 Study. Agency agrees to share all study results with the
Authority.
Section 5. Completion
At the conclusion of the Study, Agency will furnish copies of the closing invoice received
by the Agency for services provided. Agency shall furnish Authority with two copies of the final
Study.
Section 6. Reimbursement to Author&v
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 Study 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 Study 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 7. California Environmental Ouality Act
As lead agency for the Study, Agency is responsible for ensuring that the Study complies
with the requirements of the California Environmental Quality Act (CEQA).
Section 8. 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
Study, 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 willfbl misconduct of Authority, its agents, officers or
employees.
Section 9. 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 10. 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 11. Integration
This agreement represents the entire understanding of Authority 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 and Agency.
Section 12. 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 92 103
Attention: Water Reclamation Director
Agency:
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attention: General Manager
Section 13 : 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:
SAN DIEGO COUNTY WATER AUTHORITY
By:
Maureen A. Stapleton
General Manager
Agency: CAgaSBAD MUNICIPAL WATER DISTRICT
By:
JOINT PARTICIPATION AGREEMENT FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING
BETWEEN
THE SAN DIEGG COUNTY WATER AUTHORITY
CARLSBAD MUNICIPAL WATER DISTRICT
THIS AGREEMENT is made this of day ,19-, between the San
Diego County Water Authority (hereinafter referred to as “Authority”) and the Carlsbad
Municipal 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 conducting a seawater/brackish groundwater desalination study (“Study”
herein) to design, construct, and operate a 10,000 gallons per day desalination plant.
3. The Study is eligible for funding under the Financial Assistance Program.
4. On February 8, 1996, the Authority Board of Directors approved funding assistance to
Agency under the Financial Assistance Program for the Study.
AGREEMENT
Section 1. Amount of Funding
The Study is estimated to cost $3,500,000. The Authority Board of Directors has
approved up to $32,940 in matching funds to conduct the Study.
Section 2. Anencv 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 Study for the
purposes of calculating agency expenditures and determining Authority match. Upon completion
of the approved Study, Authority funds not spent, or not matched by Agency, will be refunded to
Authority.
-
Section 3. Disbursement Conditions
Upon completion of the following five items, Authority will make approved funds
available to Agency.
1. Agency will submit a detailed scope of work for the Study. Authority reserves the right to
review and comment on the proposed scope of work.
2. Agency will submit an executed copy of the contract for services to conduct the Study.
3. Agency will submit a resolution or action item adopted by its governing Board authorizing
the Study and matching funds.
4. Agency will submit a signed memorandum of understanding between the participants in
the project reflecting a commitment for financial participation through completion of the
study.
5. If available, Agency will provide the most recent invoice demonstrating the total amount
of f%nds spent to date on services to conduct the Study.
Section 4. Cooperation
Agency will provide Authority with a monthly progress report as the study progresses.
Agency will provide Authority with copies of the draft Study and any interim documents for
Authority staffs 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 Study. Agency agrees to share all study results with the
Authority.
Section 5. Comnletion
At the conclusion of the Study, Agency will furnish copies of the closing invoice received
by the Agency for services provided. Agency shall furnish Authority with two copies of the final
Study. i
Section 6. Reimbursement to Authoritv
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 Study 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 Study 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 7. California Environmental Ouality Act
As lead agency for the Study, Agency is responsible for ensuring that the Study complies
with the requirements of the California Environmental Quality Act (CEQA).
Section 8. Indemnitv - Hold Harmless
Agency shall defend, indemnity, 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
Study, 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 willfkl misconduct of Authority, its agents, offkers or
employees.
Section 9. 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 10. 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 11. Integration
This agreement represents the entire understanding of Authority 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 and Agency.
Section 12. 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:
/ Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attention: General Manager
Section 13 : Signaturfks
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:
SAN DIEGO COUNTY WATER AUTHORITY
By:
Maureen A. Stapleton
General Manager
AD MUNICIPAL WA
RESOLUTION NO 943 *-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA,
APPROVING THREE JOINT PARTICIPATION AGREEMENTS FOR
FINANCIAL ASSISTANCE PROGRAM FUNDING BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT
WHEREAS, three Financial Assistance Program Funding Agreements have been prepared between
Carlsbad Municipal Water District and the San Diego County Water Authority; and
WHEREAS, the purpose of the agreements are to assist in funding the Water Resources Master Plan
Report in the amount of $35,000, the Phase II Reclaimed Water System Preliminary Design Report in the
amount of $50,000, and the Desalination Pilot Plant Study in the amount of $32,940.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water
District as follows:
1. That the above recitations are true and correct.
2. That the Financial Assistance Program funding agreements between Carlsbad Municipal
Water District and the San Diego County Water Authority which is on file with the Secretary, is incorporated
hereby reference, and is accepted.
3. That the President and the Secretary are authorized to execute the three Agreements.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District
held on 18th day of JUNE , 19s, by the following vote, to wit:
AYES: Board Members Lewis, Nyga , Kulchin, Finnil
NOES: None
ABSENT: None
ATTEST:
May 28,1996
TO: ALETHA RAUTENKRANZ, CITY CLERK
FROM: Bob Greaney, General Manager
(3) JOINT PARTlClPATlON AGREEMENTS FOR FINANCIAL ASSISTANCE PROGRAM
BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND CARLSBAD
MUNICIPAL WATER DISTRICT
Attached are three original agreements for the subject project being presented to the
Board of Directors for approval. Upon approval and execution of the Board, please obtain
proper signatures and return to me for further processing with the San Diego County Water
Authority.
If you have any comments or require any additional information, please contact me at ext.
105.
Thank you,
ROBERT J. GREANEY
General Manager
RJG:sjs
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