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HomeMy WebLinkAboutMINUTES - 06162009 - C.16RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District ("District"), or designee, to implement Amendment No. 1 to Agreement: Deposit and Disbursement of funds for San Francisco Bay Integrated Regional Water Management Plan ("IRWMP"); State Coastal Conservancy Trust Fund. Project Number 7505-6F8229. FISCAL IMPACT: No impact to the General Fund. This amendment does not require any further contribution by the Flood Control District. BACKGROUND: The Board approved the Bay Area Integrated Regional Water Management Plan (IRWMP) on November 13, 2006. The IRWMP is comprised of four water resource service areas: Water Supply/Water Quality, Waste Water/Reclaimed Water, Watershed/Habitat, and Flood Protection/Stormwater. The IRWMP process is managed by a Coordinating Committee, with committee members representing each of the four service areas. The District is the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/16/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Mitch Avalon 313-2204 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 16, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Rich Seithel, Silvano Marchesi, Mitch Avalon, Greg Connaughton, Robeta Goulart, Christine Chestnut C.16 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 16, 2009 Contra Costa County Subject:Amendment No. 1 to Agreement: "Deposit and Disbursement of funds for San Francisco Bay IRWMP: State Coastal Conservancy Trust Fund" BACKGROUND: (CONT'D) committee member representing the Flood Protection/Stormwater service area. On September 11, 2007, the Board authorized the District to enter into an agreement entitled "Deposit and Disbursement of funds for San Francisco Bay IRWMP, State Coastal Conservancy Trust Fund" ("Agreement") with the State Coastal Conservancy, the Santa Clara Valley Water District, the Bay Area Clean Water Agencies, and the Contra Costa County Flood Control and Water Conservation District. The four parties collectively contributed $100,000 for certain activities related to the IRWMP. Funds are held in a Conservancy Subaccount. Under the Agreement, the State Coastal Conservancy is the fiscal agent for implementation of the IRWMP and is thereby responsible for disbursing funds to pay costs related to the IRWMP. The Agreement requires that the Conservancy pay IRWMP costs proportionately from the contributions of the four parties. On December 17, 2008, however, the State froze the Conservancy's funds that were to be used to pay the Conservancy's portion. Because the Conservancy cannot contribute funds as required under the Agreement, disbursements cannot be made. The Amendment will delete the section of the Agreement requiring the Conservancy's contribution with every invoice, so that disbursements can be made from the Subaccount to pay for implementation of the IRWMP. In addition, the Amendment will add language to the Agreement that allows other entities to contribute funds for IRWMP implementation and that replaces the Santa Clara Valley Water District as a Managing Party under the Agreement with the Marin Municipal Water District. CONSEQUENCE OF NEGATIVE ACTION: Without District approval, the Amendment will not be executed, and payment of IRWMP related costs will not be able to be made, thereby disrupting implementation of the IRWMP. ATTACHMENTS Agreement FIRST AMENDMENT TO AGREEMENT: DEPOSIT AND DISBURSEMENT OF FUNDS FOR S.F. BAY IRWMP: STATE COASTAL CONSERVANCY TRUST FUND The State Coastal Conservancy ("the Conservancy"), the Santa Clara Valley Water District ("SCVWD"), the Contra Costa County Flood Control and Water Conservation District ("CCCFCWCD"), the Bay Area Clean Water Agencies ("BACWA") and the Marin Municipal Water District (MMWD) amend the existing "Agreement: Deposit and Disbursement of Funds for S.F. Bay IRWMP: State Coastal Conservancy Trust Fund" (the "Trust Agreement") dated December 26,2007, effective as of the date signed by all parties (the "effective date"), as follows: A. SCVWD, CCCFCDWCD, and BACWA entered into the Trust Agreement by which the parties agreed to contribute money into a Conservancy Coastal Trust Fund subaccount for the purposes of updating and implementing the November 1, 2006 Integrated Regional Water Management Plan. RECITALS B. SCVWD provided, as a Contributing Entity under the Trust Agreement, a contribution of $25,000 to the Conservancy and SCVWD and the Conservancy executed an "Acknowledgement of Contribution and Requirements for Use and Disbursement" dated January 11, 2008 (the "SCVWD Acknowledgment"). CCCFCWCD and BACWA have provided additional contributions as Contributing Entities, as described in Paragraph J of the Trust Agreement, for a cumulative total of $55,000. These Contributing Entities may provide additional funds in the future. C. Pursuant to the Trust Agreement, the Conservancy agreed to be solely responsible for administration and management of the subaccount and contract for services required to update and implement the Plan. SCVWD, CCCFCWCD and BACWA agreed to each act as a Managing Party, as defined by Paragraph I of the Trust Agreement, and, as Managing Parties, agreed to perform certain acts and provide any necessary review and/or approval required by the Trust Agreement. D. The Conservancy, SCVWD, CCCFCWCD, and BACWA desire to substitute Marin Municipal Water District ("MMWD"), a special district authorized to manage water resources in Marin County, as a Managing Party under the Trust Agreement and remove SCVWD as a Managing Party. SCVWD will remain a Contributing Entity under the Trust Agreement. D. The Conservancy, SCVWD, CCCFCWCD, BACWA, and MMWD also desire to allow certain other public entities in the San Francisco Bay Area to provide additional monetary contributions to the Conservancy in the future to be managed pursuant to the terms of the Trust Agreement. First Amendment p.2 NOW THEREFORE, the parties agree to amend the Trust Agreement ("First Amendment") as follows: AGREEMENT 1. A new Section 1.1, "MANAGING PARTIES," is added as follows: As of the effective date of the First Amendment, MMWD will be added as a "Managing Party" as defined by Paragraph I of the Trust Agreement and agrees to perform all obligations and duties required of Managing Parties, including, but not limited to, providing any necessary review and approval for the management and disbursement of the Contribution, or any portion of the Contribution, as required by section 5 ("PROCESS FOR CONTRACTING") and section 8 ("DISBURSEMENT OF FUNDS"). MMWD further agrees to assume its portion of liability for any of its acts or omission as a Managing Party as required by section 14 ("LIABILITY IN PROPORTION TO FAULT"). As of the effective date of the First Amendment, SCVWD will be removed as a Managing Party under the Trust Agreement, but shall remain a Contributing Entity under the Trust Agreement, and shall remain bound by the terms of the SCVWD Acknowledgment and the First Amendment. 2. The first paragraph of Section 2, "CONTRIBUTIONS," is deleted and replaced with the following: The Contributing Entities will contribute to the Conservancy a cumulative total of at least fifty-five thousand dollars ($55,000) as described in the Pertinent Facts, above, for the purpose of undertaking activities related to the Updating and Implementation Activities. (Any contribution shall be referred to in this agreement as a "Contribution". Collectively, all contributions shall be referred to as the "Contributions"). Additional funds may be contributed by the Managing Parties, Contributing Entities and other public entities for Updating and-Implementation Activities. Any entity providing monetary contributions shall be considered a "Contributing Entity," as defined by Paragraph J of the Trust Agreement, and shall be bound by the terms and conditions of the Trust Agreement pertaining to Contributing Entities. 3. In Section 4, "USE OF CONTRIBUTIONS," the following sentence is added at the end of the paragraph: Nothing in this section shall prohibit the Managing Parties, Contributing Entities or other public entities from contributing additional funds needed for Updating and Implementation Activities. First Amendment p. 3 4. Section 8, "DISBURSEMENT OF FUNDS," is amended as follows: Subsections band c are deleted in their entirety effective as of December 17, 2008. 5. Section 11, "NOTIFICATION ADDRESS," is amended as follows: The address for Santa Clara Valley Water District is modified as follows: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 SCVWD Attn: Jim Fiedler Chief Operating Officer Facsimile: (408) 266-0271 The following address is added for the Marin Municipal Water District: Marin Municipal Water District 220 Nellen Avenue Corte Madera, CA 94925 MMWD Attn.: Paul Helliker General Manager Facsimile: (415) 927-4953 6. Section 14,"LIABILITY IN PROPORTION TO FAULT, "the following sentence is added at the end of the paragraph: SCVWD's liability as a Managing Party extends only to acts or omissions by SCVWD during its tenure as a Managing Party. STATE COASTAL CONSERVANCY By: ________________________________ _________________________ Samuel Schuchat Date Executive Officer First Amendment SANTA CLARA VALLEY WATER DISTRICT By: _____________________________ ________________________ Jim Fiedler Date Chief Operating Officer CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: ______________________________ ________________________ Julia R. Bueren Date Chief Engineer BAY AREA CLEAN WATER AGENCIES By: _____________________________ ________________________ David W. Tucker Date Chairman, Executive Board MARIN MUNICIPAL WATER DISTRICT By: _____________________________ ________________________ Paul Helliker Date General Manager "