HomeMy WebLinkAboutStaff Report 1887City of Palo Alto (ID # 1887)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/1/2011
August 01, 2011 Page 1 of 3
(ID # 1887)
Summary Title: Federal Legislative Memorandum of Agreement
Title: Authorization of City Manager to Execute the Amended Memorandum of
Agreement with the Bay Area Recycled Water Coalition for the Recycled Water
Project
From:City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council authorize the City Manager or his designee to execute the
amended Memorandum of Agreement (MOA) with the Bay Area Recycled Water Coalition
(BAC) for federal legislative efforts to secure a grant under Title XVI of the Reclamation
Wastewater and Ground Water Study and Facilities Act of 1992 (Public Law 102-575).
Executive Summary
The City of Palo Alto is pursuing federal grant funding opportunities for a future recycled water
project to serve the Stanford Research Park. To participate with the other members of the BAC
in the regional effort to secure grant funding, the City of Palo Alto executed a MOA in May
2008. The MOA defines the relationship between the projects, including grant funding
allocation, advocacy costs, membership, and termination. As the BAC has evolved over time,
the MOA now needs several minor changes.
Background
Title XVI of the 1992 Central Valley Improvement Act (Public Law 102-575) directed the U.S.
Bureau of Reclamation (USBR) to form a partnership with Bay Area water and wastewater
agencies. The purpose of the partnership is to study regional opportunities to maximize water
recycling throughout the region. The BAC program started in 1992 with a coalition of 17
agencies. Presently, 14 agencies remain in the program.
The Palo Alto Regional Water Quality Control Plant (RWQCP) joined the BAC in 1992 and has
remained a member ever since. The RWQCP Master Plan has been incorporated into the
regional program so that recycled water projects sourced from the RWQCP can qualify for
Federal grants. Beginning with the RWQCP’s collaboration with the City of Mountain View on
the Mountain View recycled water project, the City sought Title XVI grant funding, and
ultimately succeeded in securing federal authorization for a $5 million grant. In order to codify
the relationship with the BAC members regarding future appropriations, the City of Palo Alto
August 01, 2011 Page 2 of 3
(ID # 1887)
executed the original MOA in May 2008 (CMR 249:08). The City of Mountain View and the
RWQCP completed the Mountain View recycled water project in 2009.
The City is evaluating an extension to the recycled water distribution system to provide recycled
water to select users in the Stanford Research Park. The project to serve the Stanford Research
Park is currently seeking authorization for $8 million in Federal Title XIV grants.
Discussion
The original MOA has functioned well since its creation in 2008, but the evolution of the BAC
and the regional Title XVI program necessitates minor adjustments to the original MOA. In
particular, the following changes are required:
1.Creation of a new category of parties to this Restated Agreement called Associate
Participants;
2.Allowance for investor-owned water utilities regulated by the California Public Utilities
Commission to become Participating Agencies and/or Associate Participants; and
3.Incorporation of changes to the existing cost share formula.
The first two changes are minor administrative changes that have no material impact on the
City. The third adjustment changes the cost allocation methodology. The new formula retains
the existing methodology of equally distributing the Lead Agency’s administrative costs
between the members, but changes the advocacy cost allocation to a method proportional to
each individual federal authorization request. The impact of this change to the City is not
expected to be significant. For example, for calendar year 2011, the total cost to the City is
expected to increase by approximately $3,100 under the new formula.
Resource Impact
The execution of the amended MOA will not result in additional resource requirements from
the City. The new cost share formula will result in a small increase to the City’s current annual
fee contribution.
Policy Implications
Activities that promote the use and expansion of recycled water are consistent with Council
adopted Water Integrated Resource Plan Guideline 3: “Actively participate in development of
cost-effective regional recycled water plans.”
Environmental Review
The City of Palo Alto is the lead agency under the California Environmental Quality Act (CEQA)
for the recycled water project to serve the Stanford Research Park. In addition, the Bureau of
Reclamation is the lead agency for the project under the National Environmental Policy Act
(NEPA). The City is currently collaborating with the Bureau of Reclamation to prepare a joint
August 01, 2011 Page 3 of 3
(ID # 1887)
CEQA/NEPA document for the project. Preparation of the Environmental Impact Report is
currently underway.
Execution of the MOA does not require additional environmental review under CEQA or NEPA.
Attachments:
·Attachment A: BARWC MOA amended restated Final (PDF)
·Attachment B: 2011 MOA Project Costs (PDF)
Prepared By:Nicolas Procos, Senior Resource Planner
Department Head:Valerie Fong, Director
City Manager Approval: James Keene, City Manager
Page 1 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
FIRST AMENDED AND RESTATED
MEMORANDUM OF AGREEMENT
BAY AREA RECYCLED WATER COALITION
FEDERAL LEGISLATIVE EFFORTS
A Memorandum of Agreement was originally made and executed on August 25th, 2008, by and between
the City of Mountain View, a Charter City and Municipal Corporation; City of Palo Alto, a Charter City; City
of Redwood City, a Charter City; and the City of San Jose, a Municipal Corporation, and administering
agency for the San Jose/Santa Clara Water Pollution Control Plant, a joint powers agency formed pursuant
to California Government Code section 6500, et seq.; the Delta Diablo Sanitation District (“DDSD”), a
County Sanitation District formed pursuant to California Health and Safety Code Section 4700 et seq.;
North Coast County Water District, formed under the County Water District Act, California Water Code
Section 30000, et. seq.; Santa Clara Valley Water District, a Special District created by an act of the
California Legislature, “Participating Agencies,” and the Bay Area Clean Water Agencies (“BACWA”), a joint
powers agency formed pursuant to California Government Code section 6500 et seq.
Subsequent to the execution of the Memorandum of Agreement, the following entities became parties to
the Memorandum of Agreement as Participating Agencies: the Central Contra Costa Sanitary District, a
Special District formed under the Sanitary District Act pursuant to Health and Safety Code Section 6400, et
seq.; the Dublin San Ramon Services District, a Special District formed under the Community Services
District Law, California Government Code Section 61000, et. seq.; the City of Petaluma, a Municipal
Corporation; the Ironhouse Sanitary District, a Special District; the Coastside County Water District, a
Special District; the City of Hayward, a Municipal Corporation; Zone 7 of the Alameda County Flood
Control & Water Conservation District, a component of Alameda County; the Town of Yountville, a
Municipal Corporation; and the City of Pleasanton, a Municipal Corporation.
The Participating Agencies (including those agencies that become Participating Agencies after the
execution of the August 25, 2008 Memorandum of Agreement) and BACWA now desire to amend and
restate the August 25, 2008 Memorandum of Agreement effective June 30, 2011 by entering into this First
Amended and Restated Memorandum of Agreement (“Restated Agreement”), which creates a new
category of parties to this Restated Agreement called Associate Participants ; allows investor owned
water utilities regulated by the California Public Utilities Commission to become Participating Agencies
and/or Associate Participants; shares costs for the Lead Agency’s administrative expenses incurred to
provide services for BARWC; and revises the cost sharing formula for Participating Agency costs for federal
advocacy.
It is the intent of the Parties that this Restated Agreement replaces the Memorandum of Agreement that
was originally made and executed on August 25, 2008.
RECITALS
1. WHEREAS, Title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act of
1992 (also known as Public Law 102‐575) authorized a feasibility study of the potential for
development of demonstration and permanent facilities to reclaim water in the San Francisco Bay
Area, bringing Bay Area agencies together to study opportunities to use recycled treated
wastewater for beneficial uses; and authorized the planning, design and construction for the San
Jose Water Reclamation and Reuse Program; and
Page 2 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
2. WHEREAS, the Bay Area Recycled Water Master Plan, completed in 1999, identified opportunities
to use 125,000 acre‐feet per year (AF/yr) by 2010, and 240,000 AF/yr by 2025; and
3. WHEREAS, Bay Area agencies have invested nearly $300 million of local funds in water recycling
projects, and many more projects are ready to be built; and
4. WHEREAS, federal funding is essential to support these highly leveraged, locally managed, projects
to help ensure the security of water supplies for years to come; and
5. WHEREAS, Public Law 102‐575 also provides a program for Federal participation (through cost
sharing) in specific water reuse projects up to certain amounts specified in the Act; and
6. WHEREAS, Participating Agencies have identified 8 projects for which they wish to seek near‐term
federal funding; and
7. WHEREAS, Participating Agencies anticipate identifying future projects for which they may wish to
secure federal funding; and
8. WHEREAS, federal funding monies will not be available for any authorized project until such funds
have been specifically appropriated by Congress; and
9. WHEREAS, Public Law 102‐575 requires that projects complete a feasibility determination process
administered through the United States Bureau of Reclamation (“USBR”) and that specific
authority for funding be legislatively granted; and
10. WHEREAS, Participating Agencies have collaborated in efforts to promote legislation authorizing
federal funding for Bay Area recycled water projects; and
11. WHEREAS, the United States House of Representatives on July 23, 2007, passed HR 1526
amending the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 and
authorizing the Bay Area Regional Water Recycling Program and a companion bill was introduced
in the Senate on May 24, 2007; and
12. WHEREAS, Senate Bill 2739, the Consolidated Natural Resources Act of 2008, containing the HR
1526 language, was introduced on March 10, 2008 and passed by the full Senate on April 10,
2008; and
13. WHEREAS, Senate Bill 2739 was signed into Public Law 110‐229 on May 8, 2008; and
14. WHEREAS, Participating Agencies desire to continue efforts to obtain necessary legislation
authorizing federal funding for Bay Area recycled water projects; and
15. WHEREAS, Participating Agencies desire to collaborate in efforts to promote legislation to
appropriate federal funding for authorized projects and for other Bay Area projects that may be
authorized in the future.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS, COVENANTS AND PROMISES
CONTAINED HEREIN, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Page 3 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
I. DEFINITIONS
1. Associate Participant: A public agency or an Investor Owned Water Utility regulated by the
California Public Utilities Commission that both: (i) does not have a recycled water project for
which they are seeking congressional authorization and/or appropriation, but which wishes to
monitor BARWC’s efforts to promote legislation to appropriate federal funding for recycled water
projects authorized through Title XVI of the Reclamation Wastewater and Groundwater Study and
Facilities Act of 1992; and (ii) is approved as an Associate Participant pursuant to Section II(2) of
this Restated Agreement. Associate Participants may participate in BARWC discussions regarding
federal funding efforts to be pursued under this Restated Agreement, but may not vote, or
otherwise participate in any decision‐making, including the efforts to be undertaken under this
Restated Agreement or any other matter.
2. Authorized Project: A project that has been enacted into federal law.
3. Federal Share: The dollar amount of Federal Title XVI funding that a Participating Agency is
seeking for their project(s). In general, the Federal Share is 25% of the estimated total cost of a
project for which a Participating Agency is seeking authorization and/or appropriation. However,
an Authorized Project may have a remaining Federal Share that is less than 25% of the total
project cost if it has previously received Federal appropriations.
4. Lead Agency: The Participating Agency selected by majority vote of the Participating Agencies to
provide federal advocacy outside consulting services, including consultant contract management,
facilitation and management of meetings, and accounting services.
5. Participating Agency: Each of the agencies that is a Participating Agency as of the effective date of
this Restated Agreement. A Participating Agency also includes a public agency or Investor‐Owned
Water Utility regulated by the California Public Utilities Commission that both: (i) has a recycled
water project(s) authorized through Title XVI of the Reclamation Wastewater and Groundwater
Study and Facilities Act of 1992 or that will seek congressional authorization and appropriation for
such projects; and (ii) is approved as a Participating Agency pursuant to Section II(1) of this
Restated Agreement.
6. Parties: BACWA and all current and future Participating Agencies and Associate Participants.
II. ELIGIBILITY TO BECOME A PARTY TO THIS RESTATED AGREEMENT
1. Any public agency or Investor Owned Water Utility regulated by the California Public Utilities
Commission in the nine‐county Bay Area that is developing a recycled water project and has an
interest in securing federal participation through Title XVI can become a Participating Agency upon
approval of such status by a majority of the Participating Agencies and execution of the
Participating Agency Addendum attached hereto as Attachment 1. Any Addendum must be
approved on or before September 30 in order to be effective for the forthcoming calendar year.
2. Any public agency or Investor Owned Water Utility regulated by the California Public Utilities
Commission in the nine‐county Bay Area that has the ability to develop a recycled water project
can become an Associate Participant upon approval of such status by a majority of the
Participating Agencies and execution of the Associate Participant Addendum, attached hereto as
Page 4 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Attachment 2. Any Addendum must be approved on or before September 30 in order to be
effective for the forthcoming calendar year.
3. A Participating Agency or an Associate Participant can convert to a different party status upon
approval of such change in status by a majority of the Participating Agencies and execution of a
Change of Party Status Addendum, attached hereto as Attachment 3. Any Addendum must be
approved on or before September 30 in order to be effective for the forthcoming calendar year.
III. PARTICIPATION AND ROLES IN FEDERAL LEGISLATIVE EFFORTS
1. The Participating Agencies hereby agree that either Bay Area Clean Water Agencies (BACWA), or
the Lead Agency may be the legal authority to represent Participating Agencies in pursuit of the
Title XVI grants under the Reclamation Wastewater and Groundwater Study and Facilities Act of
1992 (Public Law 102‐575), and may act as the regional entity on behalf of Participating Agencies.
2. The Participating Agencies agree that either BACWA or the Lead Agency may be listed as the entity
submitting the authorization and appropriation requests to members of Congress and that either
BACWA or Lead Agency support of Participating Agency legislative efforts may include review of
and signature on, letters of support drafted by Participating Agencies, and attending hearings
and/or meetings with congressional representatives and their staff. If the Participating Agencies
vote to request that BACWA perform these functions and BACWA agrees to do so and incurs costs
for these functions, the Participating Agencies will reimburse BACWA for these costs. Any
documents BACWA or the Lead Agency requests from a Participating Agency to support its
legislative role will be prepared by the respective Participating Agency at its own expense.
3. The Participating Agencies agree that all appropriations requests pursuant to this Restated
Agreement shall include language directing USBR to enter into grant agreements with the
Participating Agencies for reimbursement of all eligible costs of the projects designated in the
Appropriations Request List developed by the Participating Agencies pursuant to Section V of this
Restated Agreement, in accordance with the distribution formula set forth in Section VII below.
Any agreement required by USBR shall be subject to Participating Agency accepting the terms
thereof.
4. Participating Agencies agree to provide for their own projects all necessary in kind services
including providing background information, project or program descriptions, planning,
environmental review, federal feasibility documentation and determination, design, construction
and coordination, project or program status reports, meeting attendance, review of documents,
Board or Council resolutions (if needed), and any other staff support required to support federal
advocacy efforts. Neither BACWA nor the Lead Agency shall have responsibility for provision of
any of these services.
5. All recycled water projects for which federal participation is sought by the Participating Agencies
through Title XVI that meet the terms of this Restated Agreement shall enjoy the same Bay Area
wide legislative priority for funding and authorization regardless of project size or congressional
district in which the project is located.
6. Each Participating Agency is committed to securing or assisting in securing the support of its
House of Representatives member(s) to actively advocate on behalf of the Bay Area Recycled
Water Coalition approach. Each Participating Agency will request its House of Representative
Page 5 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
member(s) to place the Bay Area regional recycled water Title XVI requests as a very high priority
in order to support and reward the regional approach, even if the list of projects for any given year
does not have a project in his/her district.
7. No later than September 1 of each calendar year, the Participating Agencies will select from
among themselves one Lead Agency to provide federal advocacy outside consulting service for the
forthcoming calendar year, including consultant contract management, facilitation and
management of meetings and accounting. The Lead Agency will bill the Parties for the costs it
incurs for these activities (“Lead Agency Administrative Costs”). Each Participating Agency and
each Associate Participant agrees to be individually liable for its pro rata share of the Lead
Agency’s Administrative Costs as provided in Section VI below. All Participating Agencies shall be
considered third party beneficiaries of the outside consultant contract and shall be entitled to
receive all copies of consultant’s correspondence and reports. The outside consultant shall
provide all required lobbying disclosure documentation for each of the Participating Agencies.
Each Participating Agency agrees to be individually liable for its share of such consultant costs
(“Advocacy Costs”) as provided in Section VI, below.
IV. DETERMINATION OF PROJECTS FOR AUTHORIZATION REQUESTS
No later than October 30 of each calendar year, Participating Agencies will determine which
projects will be included in the authorization requests for the following calendar year and will
create a list of those projects. The list may include any recycled water project located within the
nine‐county Bay Area where the project sponsor is a Participating Agency.
V. DETERMINATION OF PROJECTS FOR APPROPRIATION REQUESTS
1. No later than October 30 of each calendar year, Participating Agencies shall review the status of all
Authorized Projects to determine those projects that will meet both the following criteria: (1)
Project has completed or is in the process of completing the Title XVI Feasibility Determination
process administered by the United States Bureau of Reclamation; and (2) the funded phase of the
project will be completed no later than the end of the federal fiscal year of the appropriation
request (i.e. 2011 appropriation requests must be for work that will be completed by September
30, 2011); and project otherwise meets all eligibility requirements for funding under Public Law
102‐575 as amended. Projects meeting these criteria will be eligible for inclusion in the list of
projects for which a federal funding allocation will be sought.
2. No later than October 30 of each calendar year, Participating Agencies will determine the final list
of projects; the associated project cost for which a federal funding allocation will be sought
through the Congressional budget process for the subsequent federal fiscal year; and the
percentage share each agency would receive of the total requested appropriation. This list shall
be the “Appropriation Request List”.
VI. COST SHARING
1. Participating Agencies will pay their pro rata share of Lead Agency Administrative Costs and their
share of Advocacy Costs, as defined in Section III (7). Associate Participants will pay their pro‐
rata share of Lead Agency Administrative Costs only. The Lead Agency will bill the costs to the
Participating Agencies and Associate Participants on an annual basis. Payment is due within thirty
days of the date of the bill.
Page 6 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
2. No later than September 30 of each calendar year, the Lead Agency will submit a budget for Lead
Agency Administrative Costs for the next calendar year. No later than October 30 of each
calendar year, representatives of the Participating Agencies will approve the final budget amount
for these administrative costs. They will then determine the pro rata Lead Agency Administrative
cost share for each Participating Agency and each Associate Participant for the next calendar year.
The pro rata cost share will be determined by equally dividing the annual budgeted Lead Agency
Administrative Costs by the number of Participating Agencies plus one‐half of the total number of
Associate Participants. Each Participating Agency will pay a full pro rata share, and each Associate
Participant will pay one‐half of a full pro rata share.
3. No later than October 30 of each year, Participating Agencies will identify each agency’s Federal
Share for the next calendar year and determine the monetary sum of the Federal Shares for all
Participating Agencies for that year.
4. No later than October 30 of each year, Participating Agencies will approve the total amounts to be
spent on Advocacy Costs for the next calendar year. They will then determine the Advocacy Cost
share attributable to a Participating Agency for that calendar year. The Advocacy Cost share will
be determined by multiplying the total approved Advocacy Cost amount by a Participating
Agency’s Federal Share and then dividing by the sum of the Federal Share for all Participating
Agencies. Once the Advocacy Cost share for each Participating Agency for the next calendar year
has been determined, a Participating Agency’s Advocacy Cost share will not be changed for that
calendar year, even if the agency otherwise adjusts its Federal Share.
5. No later than November 30 of each year, each Participating Agency will obtain the necessary
Board/City Council approval for funding of the next calendar year’s Advocacy Costs and Lead
Agency Administrative Costs. No later than November 30 of each year, each Associate Participant
will obtain the necessary Board/City Council approval for funding of the next year’s Lead Agency
Administrative Costs.
6. A Party that terminates its participation in this Restated Agreement will not receive any refund of
its payments for either Lead Agency Administrative Costs or Advocacy Costs. A Participating
Agency that is not eligible for federal funding under Title XVI of the Reclamation Wastewater and
Groundwater Study and Facilities Act of 1992 will not receive any refund of its payments for either
Lead Agency Administrative Costs or Advocacy Costs.
VII. DISTRIBUTION OF FEDERAL FUNDING
1. Participating Agencies may designate BACWA or the Lead Agency to serve as the legal entity to
request amendments to the Reclamation Wastewater and Groundwater Study and Facilities Act of
1992 for the authorized projects.
2. When a federal appropriation is made, in accordance with the Appropriation Request List, either the
Lead Agency or BACWA shall inform the USBR of the percentage share that each Participating
Agency should receive for its project(s) from the appropriation pursuant to an individual project
agreement(s) between the Participating Agency and USBR. Should the total amount of the federal
appropriation be less than the total amount sought for all authorized projects in any given year,
each Participating Agency will receive its percentage share of the lower appropriation, and the Lead
Agency or BACWA shall inform USBR of the percentage shares.
Page 7 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
3. Neither the Lead Agency nor BACWA shall have any responsibility or liability for any other
Participating Agency’s performance of its obligations pursuant to its individual project agreement
with the United States Bureau of Reclamation. Each Participating Agency that receives a federal
appropriation agrees to hold harmless the Lead Agency and BACWA from any and all claims, causes
of action or liabilities arising from or connected to (1) the Participating Agency’s acceptance and use
of the federal appropriation and/or (2) the project for which the appropriation was received.
4. Neither BACWA nor the Participating Agencies are required to accept the USBR proposed agreement
terms. If USBR requires an agreement with BACWA, the terms of which BACWA cannot agree,
BACWA’s obligations under this Restated Agreement shall terminate. If the affected Participating
Agencies do not enter into the USBR agreement, the affected Parties’ obligations under this
Restated Agreement shall terminate.
VIII. DISPUTES
The Parties agree to follow this dispute resolution procedure:
1. Informal Conferral. If a dispute related to the interpretation, enforcement, or compliance with the
terms and provisions of this Restated Agreement arises, the affected Parties will first attempt to
resolve it through informal discussions, which will include the persons identified as Entity Contacts in
Section IX below for the affected Parties. If such a dispute cannot be resolved in this matter within
fifteen (15) business days, the affected Parties will endeavor to settle the dispute through
negotiation.
2. Negotiation. Not more than fifteen (15) business days after the conclusion of the informal conferral,
the aggrieved Party shall serve on the other affected Parties (a) written notice of the nature and
basis of the dispute, including any amount of money claimed, the provisions of this Restated
Agreement at issue, and the facts in support of its position; and (b) a copy of all supporting
documents. Within ten (10) business days after service of the notice, the responding Parties shall
serve on the aggrieved Party (a) a written response setting out their position, including the
provisions of the Restated Agreement relied on and the facts in support thereof; and (b) a copy of all
supporting documents. Within ten (10) business days after service of the response, the affected
Parties shall meet to negotiate resolution of the dispute. Each Party’s negotiator shall be its general
manager or city manager, executive director, or their designee.
3. After negotiation, any affected Party may pursue any available legal remedy. The written notice of
the dispute and the written response and all documents produced, but not the subsequent
discussion, shall be admissible in any subsequent proceeding.
4. Pending resolution of the dispute, each Party must fulfill its payment obligations and other
responsibilities under this Restated Agreement.
IX. ENTITY CONTACTS
For each Participating Agency, each Associate Participant, and BACWA, a contact person is identified
below. All communications regarding activities covered by this Restated Agreement will be made to
those contact persons. All notices pertaining to this Restated Agreement will be in writing and may be
delivered by deposit in the U.S. mail, postage prepaid, addressed in the case of each entity to the
contact person. Upon written notice of the change of an Entity’s contact person, the Lead Agency may
Page 8 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
update the list of entity contacts and circulate a copy of the list to all Parties. Contact persons of the
Parties as of June 30, 2011 are:
City of Mountain View
Gregg Hosfeldt, Assistant Public Works Director
500 Castro Street/ P.O. Box 7540
Mountain View, CA 94039‐7540
Delta Diablo Sanitation District
Caroline Quinn, District Engineer
2500 Pittsburg‐Antioch Highway
Antioch, CA 94509‐1373
City of Palo Alto
Daisy Stark, Contract Manager
250 Hamilton Avenue
Palo Alto, CA 94301
North Coast County Water District
Cari Lemke, Assistant General Manager
2400 Francisco Blvd./P.O. Box 1039
Pacifica, CA 94044
City of Redwood City
Roanne Ross, Whitley Burchett & Associates
1777 Oakland Blvd. Suite 200
Walnut Creek, CA 94596
Santa Clara Valley Water District
Alan Kurotori, Deputy Operating Officer
5750 Almaden Expressway
San Jose, CA 95118
City of San Jose, South Bay Water Recycling
Eric Hansen, Acting Division Manager
c/o City of San Jose Municipal Water System
3025 Tuers Road
San Jose CA 95121
Bay Area Clean Water Agencies
Amy Chastain, Executive Director
P.O. Box 24055, MS702
Oakland, CA 94623
Central Contra Costa Sanitary District
Don Berger, Recycled Water Program Manager
5019 Imhoff Place
Martinez, CA 94553
City of Hayward
Alex Ameri, Deputy Director of Public Works
777 B Street
Hayward, CA 94541
Dublin San Ramon Services District
Rhodora Biagtan, Principal Engineer
7051 Dublin Boulevard
Dublin, CA 94568
Ironhouse Sanitary District
Tom Williams, General Manager
450 Walnut Meadows Dr.
Oakley, CA 94561
Town of Yountville
Graham Wadsworth, Public Works Director
6550 Yount Street
Yountville, CA 94599
City of Pleasanton
Daniel Smith
P.O. Box 520
Pleasanton, CA 94566
Zone 7 Water Agency
Amparo Flores
100 North Canyons Parkway
Livermore, CA 94551‐9486
City of Petaluma
Remleh Scherzinger,
P.O. Box 61
Petaluma, CA 95953
Coastside County Water District
David Dickson, General Manager
766 Main Street
Half Moon Bay, CA 94019
Page 9 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
X. AMENDMENTS
This Restated Agreement may be amended by a written document executed by all of the Parties hereto.
XI. ENTIRE AGREEMENT
This Restated Agreement contains all the terms and conditions agreed upon by the Parties. Except as
expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of
this Restated Agreement shall be deemed to exist or to bind all of the Parties hereto.
XII. TERMINATION
This Restated Agreement may be terminated immediately at any time by written mutual consent of all
the Parties. Upon provision of written notice of termination to all other Parties no later than October
15, and full payment of any amounts it owes under this Restated Agreement, a Participating Agency or
an Associate Participant may terminate its participation in this Restated Agreement effective December
31 of the then‐current calendar year.
XIII. COUNTERPARTS
This Restated Agreement may be executed in multiple counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same agreement.
EXECUTED AND APPROVED ON BEHALF OF EACH PARTY AS SIGNIFIED BY THE SIGNATURES BELOW:
PARTIES:
Bay Area Clean Water Agencies:
________________________________
Amy Chastain, Executive Director
Page 10 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of Mountain View:
________________________________
City Manager
Page 11 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of Palo Alto:
________________________________
James Keene, City Manager
Page 12 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of Redwood City:
________________________________
Robert Bell, City Manager
Page 13 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of San Jose:
________________________________
Debra Figone, City Manager
Page 14 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Delta Diablo Sanitation District (DDSD):
________________________________
Gary W. Darling, General Manager
Page 15 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
North Coast County Water District (NCCWD):
________________________________
Kevin O’Connell, General Manager
Page 16 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Santa Clara Valley Water District:
________________________________
Beau Goldie, Chief Executive Officer
Page 17 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Central Contra Costa Sanitary District:
________________________________ _
James M. Kelly, General Manager
Page 18 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Dublin San Ramon Services District:
_________________________________
Bert Michalczyk, General Manager
Page 19 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Ironhouse Sanitary District:
_________________________________
Thomas Williams, General Manager
Page 20 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of Petaluma:
_________________________________
John C. Brown, City Manager
Page 21 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City of Hayward:
_________________________________
Frances David, City Manager
Page 22 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
City Pleasanton:
_________________________________
Nelson Fialho, City Manager
Page 23 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Town of Yountville
_________________________________
Steven Rogers , Town Manager
Page 24 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Coastside County Water District:
_________________________________
David Dickson, General Manager
Page 25 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Zone 7 Water Agency:
_________________________________
G.F. (Jill) Duerig, General Manager
Page 26 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
Attachment 1 ‐ Participating Agency Addendum
Attachment 2 ‐ Associate Participant Addendum
Attachment 3 ‐ Change of Party Status Addendum
Page 27 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
ATTACHMENT 1
PARTICIPATING AGENCY ADDENDUM
This Addendum to the First Amended and Restated Memorandum of Agreement for the Bay
Area Recycled Water Coalition (BARWC) Federal Legislative Efforts (the “Restated Agreement”) is made
on (date)_______________, by the (name of entity) _____________ , (the “Agency”) a (state legal
capacity, i.e. a municipal corporation) _____________ for the purpose of becoming a Participating
Agency as that term is defined in the Restated Agreement. The Restated Agreement is incorporated by
reference in and made a part of this Addendum.
The Agency acknowledges that it has received a copy of the Restated Agreement and after
thorough review of the Restated Agreement desires to become a Participating Agency under the
Restated Agreement. The Restated Agreement contemplates the inclusion of Participating Agencies by
a process of voluntary execution of this Addendum and a majority vote of the Participating Agencies to
approve inclusion of the signatory as a Participating Agency.
The governing body of the Agency certifies that the Agency has a recycled water project
authorized through Title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act
of 1992 or intends to actively seek congressional authorization and appropriation, for projects covered
under Title XVI.
In consideration for the mutual promises set forth in the Restated Agreement, the governing
body of the Agency hereby agrees to accept and perform all duties, responsibilities and obligations
required of a Participating Agency as set forth in the Restated Agreement. Further, the governing body
authorizes its ____________________ or his/her designee to sign all documents necessary to
implement the Restated Agreement.
The contact person and notice address for the Agency are:
_________________________
_________________________
_________________________
Date________________________ (Name of Agency)
By:________________________
Chairperson
The Restated Agreement and the Addendum are approved as to form:
By:_________________________, Attorney for PARTICIPATING AGENCY
Page 28 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
ATTACHMENT 2
ASSOCIATE PARTICIPANT ADDENDUM
This Addendum to the First Amended and Restated Memorandum of Agreement for the Bay
Area Recycled Water Coalition (BARWC) Federal Legislative Efforts (the “Restated Agreement”) is made
on (date)_______________, by the (name of entity) _____________ , (the “Agency”) a (state legal
capacity, i.e. a municipal corporation) _____________ for the purpose of becoming an Associate
Participant as that term is defined in the Restated Agreement. The Restated Agreement is incorporated
by reference in and made a part of this Addendum.
The Agency acknowledges that it has received a copy of the Restated Agreement and after
thorough review of the Restated Agreement desires to become an Associate Participant under the
Restated Agreement. The Restated Agreement contemplates the inclusion of Associate Participant by a
process of voluntary execution of this Addendum and a majority vote of the Participating Agencies to
approve inclusion of the signatory as an Associate Participant.
The governing body of the Agency certifies that the Agency does not intend to actively seek
congressional authorization and appropriation for projects covered under Title XVI. However, the
Agency would like to participate in BARWC.
In consideration for the mutual promises set forth in the Restated Agreement, the governing
body of the Agency hereby agrees to accept and perform all duties, responsibilities and obligations
required of a Associate Participants set forth in the Restated Agreement. Further, the governing body
authorizes its ____________________ or his/her designee to sign all documents necessary to
implement the Restated Agreement.
The contact person and notice address for the Agency are:
_________________________
_________________________
_________________________
Date________________________ (Name of Agency)
By:________________________
Chairperson
The Restated Agreement and the Addendum are approved as to form:
By:_________________________, Attorney for Associate Participant
Page 29 of 29
First Amended and Restated Bay Area Recycled Water Coalition Memorandum of Agreement June 6, 2011
ATTACHMENT 3
CHANGE OF PARTY STATUS ADDENDUM
This First Amended and Restated Addendum to the Memorandum of Agreement for the Bay
Area Recycled Water Coalition (BARWC) Federal Legislative Efforts (the “Restated Agreement”) is made
on (date)_______________, by the (name of entity) _____________ , (the “Agency”) a (state legal
capacity, i.e. a municipal corporation) _____________ for the purpose of becoming a (specify new status
e.g., Participating Agency or Associate Participant) as that term is defined in the Restated Agreement.
The Restated Agreement is incorporated by reference in and made a part of this Addendum.
The Agency acknowledges that it has received a copy of the Restated Agreement and after
thorough review of the Restated Agreement desires to change its party status from (specify current
status, e.g., Participating Agency or Associate Participant) to (specify new status, e.g., Participating
Agency or Associate Participant) under the Restated Agreement. The Restated Agreement contemplates
the modification of party status by a process of voluntary execution of this Addendum and a majority
vote of the Participating Agencies to approve modification of the signatory’s party status.
[If new status is Participating Agency, include the following paragraph] The governing body of
the Agency certifies that the Agency has a recycled water project authorized through Title XVI of the
Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 or intends to actively seek
congressional authorization and appropriation, for projects covered under Title XVI.
[If new status is Associate Participant, include the following paragraph] The governing body of
the Agency certifies that the Agency does not intend to actively seek congressional authorization and
appropriation, for projects covered under Title XVI. However, the Agency would like to participate in
BARWC.
In consideration for the mutual promises set forth in the Restated Agreement, the governing
body of the Agency hereby agrees to accept and perform all duties, responsibilities and obligations
required of a (specify new status, e.g., Participating Agency or Associate Participant) as set forth in the
Restated Agreement. Further, the governing body authorizes its ____________________ or his/her
designee to sign all documents necessary to implement the Restated Agreement.
The contact person and notice address for the Agency are:
_________________________
_________________________
_________________________
Date________________________ (Name of Agency)
By:________________________
Chairperson
The Restated Agreement and the Addendum are approved as to form:
By:_________________________, Attorney for PARTICIPATING AGENCY
Ad
v
o
c
a
c
y
Co
s
t
Sh
a
r
e
Ad
m
i
n
i
s
t
r
a
t
i
v
e
Co
s
t
Sh
a
r
e
To
t
a
l
Co
s
t
Sh
a
r
e
Ci
t
y
of
Ha
y
w
a
r
d
$
6,
7
5
0
,
0
0
0
$
9,
3
7
0
.
0
6
$
6,
3
2
8
.
8
9
15
,
6
9
8
.
9
5
$
‐
$
15
,
6
9
8
.
9
5
$
Ci
t
y
of
Mo
u
n
t
a
i
n
Vi
e
w
$
3,
1
2
5
,
0
0
0
$
4,
3
3
7
.
9
9
$
6,
3
2
8
.
8
9
10
,
6
6
6
.
8
8
$
‐
$
10
,
6
6
6
.
8
8
$
Ci
t
y
of
Pa
l
o
Al
t
o
$
8,
2
5
0
,
0
0
0
$
11
,
4
5
2
.
3
0
$
6,
3
2
8
.
8
9
17
,
7
8
1
.
1
9
$
‐
$
17
,
7
8
1
.
1
9
$
Ci
t
y
of
Pl
e
a
s
a
n
t
o
n
$
5,
0
0
0
,
0
0
0
$
6,
9
4
0
.
7
9
$
6,
3
2
8
.
8
9
13
,
2
6
9
.
6
8
$
‐
$
13
,
2
6
9
.
6
8
$
Ci
t
y
of
Re
d
w
o
o
d
Ci
t
y
$
8,
0
0
0
,
0
0
0
$
11
,
1
0
5
.
2
6
$
6,
3
2
8
.
8
9
17
,
4
3
4
.
1
5
$
‐
$
17
,
4
3
4
.
1
5
$
Ci
t
y
of
Sa
n
Jo
s
e
$
9,
8
0
1
,
3
7
5
$
13
,
6
0
5
.
8
5
$
6,
3
2
8
.
8
9
19
,
9
3
4
.
7
4
$
‐
$
19
,
9
3
4
.
7
4
$
Ce
n
t
r
a
l
Co
n
t
r
a
Co
s
t
a
Sa
n
i
t
a
r
y
Di
s
t
r
i
c
t
$
8,
0
5
0
,
0
0
0
$
11
,
1
7
4
.
6
7
$
6,
3
2
8
.
8
9
17
,
5
0
3
.
5
6
$
‐
$
17
,
5
0
3
.
5
6
$
De
l
t
a
Di
a
b
l
o
Sa
n
i
t
a
t
i
o
n
Di
s
t
r
i
c
t
$
7,
1
2
5
,
0
0
0
$
9,
8
9
0
.
6
2
$
6,
3
2
8
.
8
9
16
,
2
1
9
.
5
1
$
‐
$
16
,
2
1
9
.
5
1
$
Du
b
l
i
n
Sa
n
Ra
m
o
n
Se
r
v
i
c
e
s
Di
s
t
r
i
c
t
$
7,
1
1
2
,
5
0
0
$
9,
8
7
3
.
2
7
$
6,
3
2
8
.
8
9
16
,
2
0
2
.
1
6
$
‐
$
16
,
2
0
2
.
1
6
$
Ir
o
n
h
o
u
s
e
Sa
n
i
t
a
r
y
Di
s
t
r
i
c
t
$
6,
5
0
0
,
0
0
0
$
9,
0
2
3
.
0
2
$
6,
3
2
8
.
8
9
15
,
3
5
1
.
9
1
$
‐
$
15
,
3
5
1
.
9
1
$
Sa
n
t
a
Cl
a
r
a
Va
l
l
e
y
Wa
t
e
r
Di
s
t
r
i
c
t
*
$
9,
2
3
1
,
6
4
2
$
12
,
8
1
4
.
9
7
$
6,
3
2
8
.
8
9
19
,
1
4
3
.
8
6
$
(1
,
0
0
0
.
0
0
)
$
18
,
1
4
3
.
8
6
$
Sa
n
Jo
s
e
Wa
t
e
r
Co
m
p
a
n
y
$
6,
7
5
0
,
0
0
0
$
9,
3
7
0
.
0
6
$
6,
3
2
8
.
8
9
15
,
6
9
8
.
9
5
$
‐
$
15
,
6
9
8
.
9
5
$
To
w
n
of
Yo
u
n
t
v
i
l
l
e
$
75
0
,
0
0
0
$
1,
0
4
1
.
1
2
$
6,
3
2
8
.
8
9
7,
3
7
0
.
0
1
$
‐
$
7,
3
7
0
.
0
1
$
Zo
n
e
7 Wa
t
e
r
Ag
e
n
c
y
$
‐
$
‐
$
3,
1
6
4
.
4
4
3,
1
6
4
.
4
4
$
‐
$
3,
1
6
4
.
4
4
$
$
86
,
4
4
5
,
5
1
7
12
0
,
0
0
0
$
85
,
4
4
0
$
20
5
,
4
4
0
.
0
0
$
(1
,
0
0
0
.
0
0
)
$
20
4
,
4
4
0
.
0
0
$
Ad
v
o
c
a
c
y
DD
S
D
Ad
m
i
n
.
To
t
a
l
Co
n
t
r
a
c
t
/ ag
r
e
e
d
am
o
u
n
t
s
$
12
0
,
0
0
0
$
85
,
4
4
0
$
20
5
,
4
4
0
$
*S
C
V
W
D
ov
e
r
p
a
i
d
in
20
1
0
Ba
y
Ar
e
a
Re
c
y
c
l
e
d
Wa
t
e
r
Co
a
l
i
t
i
o
n
Co
s
t
Sh
a
r
e
Su
m
m
a
r
y
fo
r
Ca
l
e
n
d
a
r
Ye
a
r
20
1
1
Fe
d
e
r
a
l
Sh
a
r
e
Re
m
a
i
n
i
n
g
‐
Su
m
of
Al
l
Pr
o
j
e
c
t
s
Co
s
t
Sh
a
r
e
Ca
l
c
u
l
a
t
i
o
n
s
Ag
e
n
c
y
Ad
j
u
s
t
m
e
n
t
T
o
t
a
l
to
In
v
o
i
c
e