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HomeMy WebLinkAbout1996-06-18; Municipal Water District; 328; Financial Assistance Program FundingE3 6 % % . . p 2 2 8 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 attachments (3)