Loading...
HomeMy WebLinkAboutSan Diego County Water Authority; 1996-06-28;., JOINT PARTICIPATION AGREEMENT FOR FINANCIAL ASSISTANCE PROGRAM FUNDING BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT THIS AGREEMENT is made this ---2.B.._ day of June , 19--2..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. 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 3. Disbursement Conditions Upon completion of the following four items, Authority will make approved funds available to Agency. I. 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 funds 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 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 5. Completion At the conclusion of the Report, 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 Report. Section 6. 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 7. California Environmental Quality 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. 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 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 : 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 FOAM: Vincent F. Blondo,Jr, General Counsel San Diego County Water AuthorlJ SAN DIEGO COUNTY WATER AUTHORITY ., 1~ By: ~-s: ~-----~\~~. ::::t:::::::__ Maureen A Stapleto~ General Manager