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HomeMy WebLinkAbout1992-11-03; Municipal Water District; 193; Agreement with San Diego County Water AuthorityCARLSBAD F-.NICIPAL WATER DISTRICT . A’\GENDA BILL AB# 193 TITLE: CARLSBAD MUNICIPAL WATER MTG. 11-3- %- AGREEMENT WITH THE DEPT. CMWD SAN DIEGO COUNTY WATER AUTHORITY C,TY MGR RECOMMENDED ACTION: Adopt Resolution No. 8 19 authorizing the Executive Manager to enter to an agreement with the San Diego County Water Authority to provide Reclaimed Water Development Funds to the Carlsbad Municipal Water District. ITEM EXPLANATION: The first phase of the Encina Basin Water Reclamation Project will yield 2049 acre feet per year of reclaimed water. Carlsbad Municipal Water District will be purchasing the reclaimed water from both Vallecitos Water District’s (Vallecitos) existing 2.0 million gallon per day full Title 22 Meadowlark Water Reclamation Treatment Facility, and commencing in FY 1994, from the Gafner Reclamation Plant owned and operated by the Leucadia County Water District (Leucadia) and currently being upgraded to produce Title 22 tertiary treated water. CMWD will be purchasing the reclaimed water from Vallecitos and Leucadia at a wholesale rat.e and will purvey it to users in Carlsbad through a distribution system owned and operated by CMWD. Both Vallecitos and Leucadia have signed a reclaimed water agreement with CMWD detailing the responsibilities for production and distribution. CMWD is currently providing reclaimed water, produced at the Meadowlark Water Reclamation Plant, to the Aviara development through temporary facilities. The Phase 1 capital project consists of developing a permanent pumping and distribution system, improving the existing Mahr Reclaimed Water Reservoir and converting of two existing potable reservoirs to reclaimed water. These improvements will be funded through the $5,000,000 lo w-interest loan from the State Water Resources Control Board (SWRCB). Users will include landscape and school irrigation at the Aviara development, the Aviara and LaCosta North golf courses, two agricultural growers (Frazee and Ukegawa) and Caltrans. Approximately 400 acre feet per year, produced by the Gafner Water Reclamation Plant and purchased from Leucadia, will be used by the La Costa South Golf Course. In reviewing CMWD’s application for funding, County Water Authority found that the required eligibility criteria has been met. CMWD is utilizing a new water supply, which relieves a demand on the County Water Authority for imported water, and it has demonstrated a financial need in that the cumulative capital and operating expenses of the project are in excess of its revenues. Due to the financial need demonstrated by CMWD and its having met all other eligibility criteria, the Cdunty Water Authority approved CMWD’s application and authorized its General Manager to enter into an agreement with CMWD to provide a maximum $100 per acre-foot incentive for all reclaimed water that is actually used. Page 2 of Agenda Bin No. 193. As required by the adopted Reclaimed Water Development Fund guidelines, CMWD will go through an annual review during which the actual costs and revenues of the past year, combined with revised projections for the coming year and beyond, will be used in determining whether CMWD continues to demonstrate a financial need. Depending on the results of this annual review process, the Water Authority’s contribution may be lowered, set at the maximum contribution rate, terminated or extended for an additional year. In addition, CMWD will be required to reimburse the County Water Authority the amount of $59,346 it received through the Financial Assistance Program (FAP), plus interest, for preparation of the facilities plan, master plan, and state loan documents. This reimbursable amount will be deducted from CMWD’s Reclaimed Water Development Funds. The Water Commission met on October 14,1992 and recommends that the Board authorize the Executive Manager enter into the agreement with the San Diego County Water Authority. FISCAL IMPACT: This Agreement will allow the San Diego County Water Authority to provide CMWD with the Reclaimed Water Development Funds of $100 per acre foot for reclaimed water. These funds will be used to help offset the cost of CMWD’s Water Reclamation program by providing funds (including funds from the sale of reclaimed and from Metropolitan Water District’s Local Project Program (LPP) for the repayment of the $5,000,000 low-interest loan from the State Water Resources Control Board. EXHIBITS: 1. Resolution. NO. 2. Joint Participation Agreement for Development of Local Reclaimed Water Supplies Between the San Diego County Water Authority and Carlsbad Municipal Water District. RESOLUTION NO. 819 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING THE EXECUTIVE MANAGER TO ENTER INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY TO PROVIDE RECLAIMED WATER DEVELOPMENT FUNDS TO THE CARLSBAD MUNICIPAL WATER DISTRICT WHEREAS, the Board of Directors of the Carlsbad Municipal Water District approved the Reclaimed Water Master Plan; and WHEREAS, Phase I of the Reclaimed Water Master Plan includes improvements to the Mahr Reclaimed Water Reservoir, development of a permanent pumping and distribution system, and conversion of two existing reservoirs to reclaimed water; and WHEREAS, these improvements will be funded through the $5,000,000 low-interest loan from the State Water Resources Control Board and WHEREAS, the San Diego County Water Authority has approved the Carlsbad Municipal Water District’s application for funding and has authorized the Authority’s General Manager to enter into an agreement with the District to provide a maximum $100 per acre foot incentive for 18 19 all reclaimed water that is used; and 20 WHEREAS, this incentive will be used to offset the District’s costs for the Water 21 Reclamation program and assist with the repayment of the $S,OOO,OOO low-interest loan from the 22 II State Water Resources Control Board. 23 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District 24 Board of Directors as follows: above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Board hereby authorizes the Executive Manager to enter into an agreement with the San Diego County Water Authority to provide Reclaimed Water Development Funds to the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Municipal Water District held on the 3rd day of NOVEMBER , 1992, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secre (SEAL) JOINT PARTICIPATION AGREEMENT FOR DEVELOPMENT OF LOCAL RECLAIMED WATER SUPPLIES BETWEEN , THE SAN DIEGO COUNTY WATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT THIS AGREEMENT is made this 3 day of October, 1992, between the San Diego County Water Authority, hereinafter referred to as “Authority” and Carlsbad Municipal Water District, hereinafter referred to as “Agency,” with respect to the following facts: RECITALS 1. Authority is empowered under the County Water Authority Act (“Act”) to develop, store, transport, provide, sell and deliver water for beneficial uses and purposes. 2. Agency as a member public agency of Authority under the Act, is a wholesale purchaser of water distributed by Authority, and a seller of water for beneficial use. 3. Authority’s water supply and demand projections for its service area, including that encompassed by Agency, show that additional sources of water must be developed to meet future needs; 4. Authority and Agency have determined that it is mutually beneficial for cost-effective local water reclamation projects to be developed to reduce reliance on Authority’s imported water supplies 5. Authority has adopted a plan and programs designed to encourage development of an additional 100,000 acre feet per year of beneficial use wastewater throughout its service area over the next 20 years, thereby reducing the need for additional water that otherwise must be delivered from Authority’s water supply system; 6. The parties agree that the development and delivery of reclaimed water for beneficial uses within the service areas of Agency and Authority will benefit the entire Agency and the region served by Authority; 7. Authority desires to assist in increasing production and distribution of reclaimed water by contracting with Agency to contribute all or a portion of Authority’s estimated avoided cost of procuring additional water supplies on a periodic basis to the extent necessary to make the production of reclaimed water financially feasible. I 8. The reclaimed water project planned within the service area of the Agency will correspondingly reduce demand of Agency for water supply from Authority; NOW, THEREFORE, in consideration these facts, the parties agree as follows: Article 1: Definitions. The following words and terms, unless otherwise expressly defined in their context; shall be defined to mean: 1 .I “Yield” shall mean the actual amount of Reclaimed Water which is delivered to End Users by a Project in any given year. “Yield” shall exclude any Reclaimed Water which does not reduce Agency’s demand for supply of water from Authority. 1.2 “Project” shall mean the project for the production of reclaimed water, developed under this Agreement, as described in Exhibit A. 1.3 “Project Costs” shall mean the capital, operational and maintenance costs of the Project, more specifically identified in Exhibit B, hereto. Project Costs may include the costs of retrofitting private water systems to the extent necessary to permit the attainment of Project Yield incurred by Agency in connection with the Project. 1.4 “Reclaimed Water” shall mean subpotable water reclaimed from effluent which is not usable for human consumption, but is usable for limited special purposes, such as agricultural and landscape irrigation. 1.5 “End User” shall mean each of the ultimate users of Reclaimed Water produced by the Project. Article 2: Development and Operation of the Project. 2.1 Elements of Project The Project shall include all or a portion of the following elements: transmission, storage, tertiary treatment, pumping and other facilities necessary for the production, storage and delivery of reclaimed water, as described in the “Project Description,” attached hereto as Exhibit A. 2.2 Firm Source of Water Agency warrants that it has a firm source of Reclaimed Water to operate the Project described herein. 2.3 Authority Over Sewer Service Agency warrants that it has the authority to provide sewer, water or other services as necessary to carry out the Project, or has a contract with the provider of sewer service, in areas tributary to the Project, to obtain effluent from which Reclaimed Water will be produced. Agency further warrants that the residences, businesses, and industries in the area from which Reclaimed Water is to be derived are or can be required to discharge wastewater for treatment. 2.4 Riqht to Sell Water Agency warrants that it is able and has a right to sell such Yield as is produced by the Project. -2- 2.5 Construction, Design and Costs Agency shall be solely responsible for the design, environmental proceedings, right-of-way acquisitions, permits, construction and’ any capital costs of the. Project or any modifications thereof. Authority shall have no responsibilities, obligations or liabilities regarding the design, environmental proceedings, right-of-way acquisitions permits or construction of the Project or any modifications thereof. Nor shall Authority be responsible for any capital costs of the Project. 2.6 Owner of Project Agency shall be designated as the sole and exclusive owner of all Project facilities, except for those portions, if any, constituting a portion of Authority’s distribution system (as described in Exhibit A) or installed within the boundaries of End Users’ properties. Authority shall have no ownership right, title, security interest, or other interest in any Project facilities, nor any rights, duties, or responsibilities for operation and maintenance thereof. The sole obligation of Authority shall be to pay the Contribution Rate for the Yield generated by the Project. 2.7 Operation of Project Agency shall be solely responsible for the operation and maintenance of all components of the Project, including providing or obtaining an adequate wastewater supply and distributing and delivering Reclaimed Water to all End Users. 2.8 Meters Required Metering devices shall be installed and owned, operated and maintained by Agency for the purpose of measuring the Yield. Each meter shall be read every month for purposes of billing and accounting between the parties to determine at the beginning of each month the quantity of Reclaimed Water billed to End Users during the preceding month. 2.9 Maintenance of Project Agency agrees to properly operate, maintain, replace as necessary, and inspect the facilities comprising the Project, regularly and in accordance with all applicable state and federal laws, rules, regulations, and guidelines for the term of this Agreement. 2.10 Operatinq Principles Agency agrees that, at all times during the term of this Agreement, to use best efforts to operate the Project facilities in accordance with generally accepted professional standards and maintenance and operation principles and in such manner as to provide service to existing and future End Users on a fair and equitable basis. 2.11 Staffinq Agency shall provide sufficient qualified personnel to properly operate and maintain the Project facilities. Such personnel shall meet applicable certification requirements of pertinent regulatory agencies. 2.12 Compliance with Laws Agency shall insure that all Reclaimed Water produced and delivered by the Project is used in compliance with all applicable Federal, state and local statutes, ordinances, regulations and other requirements, and shall further insure that connections to the Reclaimed Water system are properly designed and constructed. -3- 2.13 Inspection of Records Agency shall make available for inspection by Authority, upon reasonable advance notice, all records, books and other documents relating to the operation of the Project. 2.14 Multiple Aoencies Notwithstanding any other provision of this Agreement, “Agency,” as used herein, may refer to one or more public agencies, one of whom is a member of the Authority, which shall be jointly and severally liable for the obligations of Agency, unless otherwise specifically provided herein. Article 3: Contribution for Yield. 3.1 Authoritv to Contribute Authority shall pay the Contribution Rate for Yield supplied by the Project; provided that unless agreed otherwise in writing, Authority shall not be obligated to make a contribution for Yield in excess of 2,100 acre-feet in any one Authority fiscal year, nor shall Authority be obligated to contribute for any reclaimed water in advance of its delivery to End Users. 3.2 Billinq Agency shall invoice Authority monthly for the Yield, based upon the quantities billed to End Users during the previous month. Billings shall be based upon meters at each and every connection of the Project to an End User. Authority shall pay Agency for such Yield within 45 days of receipt of such invoice through Agency by means of a credit included on the next billing issued to Agency. If payment is not made by Authority to Agency within said 45 days, it shall thereafter draw interest at a rate equivalent to the average interest Authority earns on its own invested funds during the time period payment is delayed beyond 45 days. Agency shall be billed by Authority in accordance with the rules and regulations established from time-to-time by Authority as reflected in Authority’s Administrative Code 3.3 Nothing contained herein shall be deemed to modify Authority obligations, if any, established by law or contract to supply water to Agency for domestic and municipal use within Authority’s service area. Article 4: Project Water Rates. 4.1 “Reclaimed Water Sale Price” shall be the lower of: (a) the Agency’s average rate for retail potable water service during the quarter preceding the effective date of this agreement or (b) the minimum potable water rate (other than any below-cost “lifeline” rate) charged to the class of users to whom the Reclaimed Water produced by the Project is delivered whichever is lower, as determined by Authority. After the first year, the Reclaimed Water Sale Price utilized in calculating Project Revenue in section 4.3 shall be adjusted annually as described in section 4.1 herein. For the purpose of future multi-year cash flow projections, increases in the “Reclaimed Water Sale Price” shall be determined by Authority. -4- 4.2 “The Maximum Contribution Amount” for an acre foot of Yield shall be not less than $100 per acre foot, and may be adjusted, from time to time by the Board of Directors of the Authority at its sole discretion. 4.3 “Project Revenue” shall include revenues from all reclaimed water sales based upon the Reclaimed Water Sale Price, and any and all other revenue received by or generated by Agency which in any way offsets Project Costs, including the capital, operating or maintenance costs of producing or distributing reclaimed water, as determined by the Authority, excluding any Authority Contributions under this Agreement. 4.4 “Cumulative Net Balance” shall mean the amount derived by subtracting the estimated cumulative Project Cost through the following year from the estimated cumulative Project Revenue through the following year. In computing the Cumulative Net Balance (“CNB”), there shall be added to Project Costs the cost of funds to the Agency (based upon Authority’s actual cost of funds, as determined by the Authority), for carrying any negative CNB for the project to date, exclusive of the following year. In computing the Cumulative Net Balance (“CNB”), there shall be added to Project Revenue the estimated earnings of Agency on any positive CNB, based upon the Authority’s actual rate of return on its unencumbered funds, as determined by the Authority, for the project to date. 4.5 The Contribution Rate for Agency’s Project shall not exceed the Maximum Contribution Amount, and shall be set each year through an Annual Review by the Authority based upon the CNB. The Contribution Rate shall be established in such a manner as to maintain, insofar as possible, a Cumulative Net Balance equal to $0, consistent with the viability of the Project, it being the policy of the Authority not to provide contributions for projects that can maintain a positive Cumulative Net Balance without an Authority Contribution. In the event Agency shows a positive CNB for any given year, nothing in this Article will limit Agency from receiving contributions in future years where a subsequent Annual Review indicates that a negative CNB will occur for the following year; nor shall anything herein require the Authority to make a contribution to avoid a negative CNB for future years beyond those considered in calculating the CNB. 4.6 In the event that Agency has a positive CNB at the conclusion of any year, Agency shall return to the Authority, at the end of such year, the amount of any contributions made during that year so as to achieve a CNB of $0 through the following year, as determined by Authority. 4.7 Agency shall provide such information regarding past and estimated future Project costs and Project Revenue during each year of this Agreement as the Authority may reasonably require as part of the Annual Review. Notwithstanding the formulae described above, the Contribution Rate for any year may be adjusted: (a) to reflect the results of any audit by the Authority of the actual Project Costs and Project Revenue during the previous year; and (b) to reduce Project Costs by an amount equal to the Agency’s obligation to repay any sum owed to Authority under the Financial Assistance -5- - Program for reclamation planning studies for the Project. In the event that for any year the Contribution Rate equals zero or less, this Agreement shall not be terminated, and no funds shall be owed to,Authority by Agency, it being the purpose of this agreement that the contributions made to Agency shall reflect the financial need of the Project. 4.8 Authority shall have the right to review the accounting and Project records of Agency to verify reported and estimated future Project Costs and Project Revenue, and may request an independent audit of Agency’s Project Costs or Project Revenue, upon reasonable notice, in connection with the establishment of the Contribution Rate under this agreement. The costs of any independent audit shall be equally divided between the parties. Article 5: Term and Amendments: 5.1 Term of Contribution Obliqation The term of this Agreement shall be twenty- five (25) years from the date the Project commences delivery of Reclaimed Water to an End User. 5.2 Amendments This Agreement may be amended at any time by the written mutual agreement of the parties. Article 6: Hold Harmless and Liabilitv. Agency agrees to hold Authority harmless from any and all liability, including but not limited to, liability due to water quality, which may arise out of Agency’s participation in the construction and operation of the Project or out of any ownership interest it may acquire in the Project, and will save and defend Authority and its officers, agents, and employees free from any claims for injury, including death or damage to property or injury (including death or damage) due to water quality arising out of the Agency’s role in the construction, operation, or ownership of the Project. Such indemnity shall include all loss related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead costs, engineering and consulting fees and all other costs related to or arising out of such claim of liability. These obligations shall not be affected by any sale of water to Authority under this agreement. Article 7: Notice. Any notice, payment or instrument required or permitted to be given hereunder shall be deemed received upon personal delivery or 24 hours after deposit in any United States -6- , . post office, first class postage prepaid and addressed to the party for whom intended, as follows: If to Authority: San Diego County Water Authority 3211 Fifth Avenue San Diego, California 92103 Attn: General Manager If to Agency: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Attn: General Manager Any party may change such address by notice given to each of the other parties as provided in this section. Article 8: Successors and Assiqns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Article 9: Severabilitv. The partial or total invalidity of one or more sections of this Agreement shall not affect the validity of this Agreement. ‘_’ IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first hereinabove written. APPROVED AS TO FORM: SAN DIEGO COUNTY WATER AUTHORITY i ./‘7 -- eB;;r&-p$q~d; ., .I’ ‘. - - _ L L APPROVED AS TO FORM: CARLSBAD MUNICIPAL WATER DISTRICT v%wCY) By:&? k General 6okkkl /fg$*9c-