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HomeMy WebLinkAbout9 Regional Aquifer Study Agenda Item # 9 ACTION To: Board of Directors From: Kathleen Neus Date: July 21, 2010 Subject: Consideration of a Memorandum of Agreement for a Regional Aquifer Study 1. WHY THIS MATTER IS BEFORE THE BOARD Only the Board can approve expenditures greater than $15,000. 2. HISTORY The District utilizes the Martis Valley basin for water provided to the District's customers. There have been studies of available water within the Martis basin, but the recharge areas within the basin have not been identified. The three main water purveyors are the Northstar Community Services District (NCSD), the Placer County Water Agency (PCWA) and the Truckee Donner PUD (the District). Today there is no existing management plan or coordinated monitoring of well production use or water quality by the three water providers of the basin. 3. NEW INFORMATION There have been discussions among the three agencies regarding the best way to manage and preserve the available water of the basin. The ultimate goal is the protection of the three local agencies' water source. There are two components to the proposed Management Plan, the first being to develop a finite element model of the movement of water with the basin and to develop and implement a Ground Water Management Plan. PCWA will be the project manager supplying management labor and oversight. Each member pays a share proportionate to the amount of water that the agency withdraws from the basin. The District share is $150,000.00 from an overall project cost of$250,000. The Memorandum of Agreement (Attachment 1) has been developed and is now ready for Board consideration. The NCSB and PCWA Boards have already approved the MOA. The draft MOA has been reviewed by District counsel. 4. FISCAL IMPACT The fiscal impact associated with this item is $150,000.00. This item was included in the 2010 budget. 5. RECOMMENDATION Approve the MOA for development and implementation of the Martis Valley Groundwater Management Plan and Groundwater Model with PCWA and NCSD. Michael D. Holley General Manager Attachment 1 MEMORANDUM OF AGREEMENT FOR DEVELOPMENT AND IMPLEMENTATION OF THE MARTIS VALLEY MANAGEMENT PLAN AND GROUNDWATER MODEL This Memorandum of Agreement for Development and Implementation of the Marais Valley Groundwater Management Plan and Program (hereinafter"Agreement") is entered into by and between the Placer County Water Agency, a public agency (hereinafter"PCWA"), the Truckee Donner Public Utility District(hereinafter"TDPUD"), and Northstar Community Services District (hereinafter"NCSD"), and will take effect as of latest of the dates on which PCWA, TDPUD, and NCSD have approved this Agreement. TDPUD, NCSD, and PCWA may be referred to herein collectively as the "Parties" or each individually as a "Party." Additional defined terms are set forth in Section 2 of this Agreement. RECITALS Whereas, the Groundwater Management Plan Act(hereinafter"the Act") authorizes public agencies to develop, adopt, and implement a groundwater management plan. Water Code section 10755.2 of the Act: (1) sets forth the intention of the Legislature to encourage public agencies within the same groundwater basin to adopt and implement a coordinated groundwater management plan; and (2) authorizes a public agency to enter into an agreement with other public agencies for the purpose of developing, adopting, and implementing a coordinated groundwater management program; and Whereas, each of the Parties is authorized, pursuant to Government Code section 6500 et seq., to enter into a joint powers agreement to exercise its authority to adopt and implement a coordinated groundwater management plan; and Whereas, the Parties desire to prepare, adopt, and implement a coordinated groundwater management plan and a groundwater model for the Martis Valley Groundwater Basin (hereinafter"the Plan").The Martis Valley groundwater basin covers approximately 57 square miles located in the Truckee region. The three parties to this MOU utilize the basin to serve potable water to their respective customers. The basin and surrounding area is planned for more development in the future, with groundwater being the major supply source for potable water demands; and Whereas, the three Parties have completed numerous groundwater investigations, management plans, and planning studies collaboratively or individually. These efforts led to the creation of data management systems, GIS efforts, sampling programs, and groundwater management systems that improved the understanding of the groundwater basin and potential yield; and (00165277.DOC 2) - 1 - 940535.1 Whereas, the purpose of the Plan is to provide a framework to manage, monitor and continuously update the current understanding of the groundwater basin, project future demands, and develop monitoring and management strategies to protect water quality and basin yield; and Whereas, once the Plan is initially adopted, the Parties will implement the groundwater management plan and manage the program to review implementation status, update goals and objectives, and modify strategies as necessary to continue proper management of the groundwater basin; and Whereas, through this Agreement, the Parties now intend: (1) to coordinate their efforts in developing and implementing the Plan; (2) to memorialize the Parties' express understanding relating to such efforts; and (3) to adopt a budget pursuant to which the costs expended in administering the Plan's development and implementation are allocated among the Parties. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The foregoing recitals are hereby incorporated by reference. 2. When used in this Agreement, the following terms shall have the meanings set forth below: A. "Administering Agency" means a Party, appointed from time to time in the manner set forth in this Agreement, that is authorized to administer the Plan's implementation as otherwise set forth herein. B. "Administrative Expenses" means those authorized expenses incurred by the Administering Agency under the terms of this Agreement, which expenses include, but are not limited to, expenses incurred in hiring outside consultants and in utilizing staff time and resources of the Administering Agency. C. "Approval of the Parties" means the unanimous approval by the Party Representatives or, where specified, by the governing boards of the Parties. D. "Budget" means the budget contemplated by this Agreement which Budget shall be approved by the governing board of each Party prior to funding. The Budget shall include the allocation of Funds and the apportionment of Administrative Expenses to be shared among the Parties, not necessarily in equal shares. A new budget shall be adopted each ensuing year by the same process. 100165277.DOC 2) -2- 940535.1 E. "Fiscal Year' means an accounting period specified by the Administering Agency with the approval of the Parties. F. "Funds" means funds received from the Parties, or from state, federal or other sources, for use in the development and implementation of the Plan or for other activities expressly authorized under the terms of this Agreement. G. "Party Representative" means the person (and alternates), designated from time to time by the governing board of a Party, who is authorized to take actions under this Agreement on behalf of that Party to the extent permitted, until such time as the governing board of the Party notifies the Administering Agency and the other Parties, as provided in Section 15 of this Agreement, of a change in its Party Representative. 3. The purpose of this Agreement is to memorialize the Parties' coordinated efforts in developing and implementing the Plan and to allocate Funds and Administrative Expenses to be expended in administering the Plan's implementation. Nothing in this Agreement grants the Administering Agency or the Parties any power or authority to alter any water right, contract right or any similar right of any Party or to direct the water-delivery practices of any Party, without the prior written consent of the Party, following its receipt of all required approvals. Additionally, implementation of the Plan, as provided herein, shall not supersede implementation activities being undertaken by any Party as part of groundwater management plans already adopted by that Party, without the prior written consent of the Party, following its receipt of all required approvals. 4. Once this Agreement is approved by the governing board of each Party and Party Representatives have been designated, Party Representatives shall have authority to take action under this Agreement on behalf of the Party that he or she represents, consistent with the approved Budget. Approval of the Parties shall be required for any action under this Agreement. Party Representatives may take action contemplated by this Agreement at a meeting, during a telephone conference call, through electronic correspondence or other means approved by the Party Representatives from time to time, in writing, provided each Party Representative was provided reasonable notice of the proposed action in accordance with Section 15, below, and a reasonable opportunity to participate in the consideration of the action item. 5. The Parties hereby appoint PCWA to be the Administering Agency under this Agreement. The Administering Agency may be changed from time to time by approval of the Parties. None of the employees of the Administering Agency will be deemed to be employed by any of the Parties other than the Administering Agency. {00165277.Doc 2} -3- 940535.1 The Administering Agency will be responsible for confirming and communicating to all Parties, in writing, the actions approved by the Parties from time to time. In carrying out its duties under this Agreement, the Administering Agency shall comply with the legal and regulatory requirements applicable to the Administering Agency (e.g., bidding requirements and contracting and/or procurement procedures). The Administering Agency shall have the authority to take the following actions to the extent they have been approved by the Parties and are otherwise consistent with the approved Budget: A. To develop and implement the Plan in accordance with the provisions of the Act and this Agreement; B. To apply for, receive and disburse Funds for use in the implementation of the Plan, or for other activities authorized by this Agreement; C. To accumulate Funds for the purposes herein mentioned, and to invest Funds subject to applicable law, provided such Funds are not presently needed to pay costs related to the authorized uses of such Funds under this Agreement; D. To adopt administrative rules and regulations, and operating rules and regulations for implementation of the Plan; E. To make and enter into contracts; F. To cooperate, act in conjunction and/or contract with the United States, the State of California, or any agency thereof, counties, municipalities, public entities (including joint powers authorities) and private corporations of any kind (including, without limitation, mutual water companies and investor-owned utilities), and persons, or any of them, for any and all purposes necessary or convenient for the purposes of this Agreement; G. To contract for legal and/or consulting services, and to employ such other persons or employees, as it deems necessary; H. To the extent not specifically provided for herein, to exercise any powers in the manner and according to methods provided under the law; and I. To perform all acts necessary or proper to carry out fully the purposes of this Agreement. 6. The following actions will not be effective unless approved by the {00165277.DOC 21 -4- 940535.1 governing boards of all of the Parties: A. Amendment of this Agreement, which amendment must be in writing. B. Addition of a new Party to the Agreement; or withdrawal of a Party from the Agreement. The terms and conditions applicable to a joining and/or withdrawing Party shall be set forth by an amendment to this Agreement. A withdrawing Party shall be responsible for its share of financial obligations theretofore incurred under this Agreement and the adopted Budget, unless otherwise approved in writing by the Parties. The Parties may further provide that a new Party will be liable only for obligations that existed from or after the effective date of the action approving the addition of the new Party. C. Adoption of a budget. D. Assignment or delegation of the rights and duties of any or all of the Parties, except as otherwise expressly provided in this Agreement. Notwithstanding the foregoing, this Agreement will inure to the benefit of, and be binding on, the successors and assigns of the Parties hereto. 7. As soon as practical after the execution of this Agreement, and thereafter at least thirty days prior to the commencement of each Fiscal Year, the Parties will adopt a Budget for the ensuing Fiscal Year which shall be funded by the Parties within thirty days following Budget adoption. Thereafter, the Administering Agency will be authorized to make expenditures on behalf of the Parties consistent with the approved Budget. Personnel, equipment and/or property of one or more of the Parties may be provided in lieu of other contributions required under this Agreement, to the extent expressly approved by the Parties. 8. The Administering Agency shall be the depository and shall have custody of all Funds received pursuant to this Agreement, from whatever source, subject to the applicable provisions of any funding contract providing for a trustee or other fiscal agent. All such Funds shall be maintained in a separate account and shall not be commingled with funds of the Administering Agency, or of any other person or entity. The Administering Agency shall have authority to disburse Funds received under this Agreement consistent with the terms of this Agreement and the adopted Budget, and shall report all receipts and disbursements to the Parties. The Administering Agency will invest any moneys held for disbursement on behalf of the Parties in the same manner and on the same conditions as authorized under Government Code section 53601. For the first year the cash contribution of funds from each party shall be as {00165277.Doc 2} -5- 94053 5.1 follows: TDPUD- $150,000 NCSD- $60,000 PCWA- $40,000 The cash contribution for the first year of implementation of this Agreement shall be used to contract with a Consultant to prepare the groundwater management plan and the groundwater model. In addition, each Party shall contribute reasonable staff time to provide the necessary background information to the selected Consultant. Specifically, TDPUD and NCSD shall provide reasonable mapping and GIS system services to assist the Consultant. PCWA shall provide reasonable staff services to manage the project and to solicit potential grant opportunities. PCWA's shall provide services as Administering Agency without charge to the other Parties for the first year of administration of this Agreement. 9. The Administering Agency will provide an accounting of all Funds and investments, and will report to the Parties all receipts and disbursements made pursuant to the adopted Budget and this Agreement, in accordance with the provisions of Government Code section 6505. If approved by the Parties, the Administering Agency shall have an annual audit of the accounts and records managed by the Administering Agency pursuant to this Agreement performed by a certified public accountant, and shall submit a report thereof to each of the Parties. Any costs of the audit, including contracts with and/or employment of certified public accountants pursuant to this section will be considered Administrative Expenses. 10. The Administering Agency shall maintain shall provide the Parties copies of all contracts and correspondence related to this Agreement and shall maintain files of documents related to this Agreement, which shall be open to review and inspection by the Parties during normal business hours and upon reasonable notice. 11. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits that apply to the activity of officers, agents or employees of any of the Parties when performing their respective functions on behalf of such Party will apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. 11. The Parties expressly agree that the debts, liabilities and obligations of each Party shall remain the debts, liabilities and obligations of each Party individually and shall not be the debts, liabilities and obligations of the Administering Agency or any of the other Parties. 12. The Parties may require designated public officers of the Administering Agency who have charge of, handle, or have access to any Funds pursuant to this {00165277.DOC 21 -6- 940535.1 Agreement, to file an official bond in an amount to be fixed by the Parties. The premiums on any such fidelity bonds attributable to the coverage required herein will be Administrative Expenses. 13. This Agreement will remain in full force and effect until terminated in writing by action of all of the Parties. 14. Upon termination of this Agreement, surplus Funds, if any, on hand will be returned to the terminating aid/or withdrawing Party(ies) in proportion to the contributions made by them after all financial obligations have been satisfied. 15. The time for providing any notices specified in this Agreement may be extended within the term of this Agreement with the consent of all of the Parties, confirmed in writing, without requiring an amendment to this Agreement. All notices and other communications required under this Agreement shall be in writing, and shall be deemed to have been duly given upon the date of service, if: (a) served personally on the Party to whom notice is to be given; (b) sent by electronic mail, and the Party to whom notice is to be given confirms receipt; or (c) on the third day after mailing, if mailed to the Party to whom notice is to be given by first-class mail, postage prepaid, and properly addressed to the designated representatives of the Party. 16. The signatories to this Agreement represent, individually, that their governing body has approved the Agreement, has agreed to be bound by its provisions, and has authorized its execution by the signatory.. 17. This Agreement may be signed in any number of counterparts by the Parties, each of which will be deemed to be an original, and all of which together will be deemed to be one and the same instrument. This Agreement, if executed in counterparts, will be valid and binding on all Parties as if fully executed all in one copy. 18. Where the terms of this Agreement provide for action to be based on the opinion, determination, approval or review of a Party, such terms are not intended to be, and will not be construed as permitting such actions to be, arbitrary, capricious or unreasonable. Any opinion, determination, approval or review required of a Party under this Agreement will be provided in a timely manner. 19. The Parties will reasonably cooperate with each other, including the execution of all necessary documents required to perform the obligations under this Agreement, and to carry out the purpose and intent of this Agreement. 20. This Agreement is entered into freely and voluntarily. This Agreement has been arrived at through negotiation, and each Party has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting party will not apply in construing {00165277.DOC 2} -7- 940535.1 or interpreting this Agreement. 21. This Agreement constitutes the sole, final, complete, exclusive and integrated expression and statement of the terms of this Agreement among the Parties concerning the subject matter, and supersedes all prior negotiations, representations or agreement, either oral or written, that may be related to the subject matter of this Agreement. 22. The waiver at any time by a Party of its rights with respect to a default or other matter arising in connection with this Agreement will not be deemed a waiver with respect to any other default or matter. 23. The remedies provided in this Agreement are cumulative and not exclusive, and are in addition to any other remedies that may be provided by law or equity. The Parties agree to submit in good faith to mediation of any dispute that may arise between or among them under or related to this Agreement, and agree that any time limit for initiating court action to resolve such dispute shall be tolled for six months while the Parties pursue mediation, or such longer time to which the Parties may agree in writing. The cost of mediation shall be shared equally by the Parties to the dispute. The exercise by a Party of any remedy under this Agreement will be without prejudice to the enforcement of any other remedy. The foregoing is hereby agreed to by the Parties. PLACER COUNTY WATER AGENCY (PCWA) Date: ALEX FERREIRA Chair, Board of Directors ATTEST: CHERISPRUNCK Clerk, Board of Directors TRUCKEE DONNER PUBLIC UTILITY DISTRICT (TDPUD) Date: By: Title ATTEST: (00165277.DOC 2) -8- 940535.1 NORTHSTAR COMMUNITY SERVICES DISTRICT (NCSD) Date: By: Title ATTEST: Title {00165277.DOC 21 -9- 940535.1