HomeMy WebLinkAboutAGENDA REPORT 2009 1202 CC ADJ ITEM 10G 1
ITEM 1—
CIYYDF 140ORRARK.CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCILACTION:_,
AGENDA REPORT
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Ana yst
DATE: November 16, 2009 (CC meeting of 1210212009)
SUBJECT: Consider Amendment to Cost Sharing Memorandum of Agreement for
the Calleguas Creek Total Maximum Daily Load Monitoring and
Implementation Program
BACKGROUND/DISCUSSION
On November 7, 2007, the City Council approved a cost sharing Memorandum of
,,Agreement(MOA)with the Cities of Camarillo, Oxnard, Simi Valley and Thousand Oaks,
the Camarillo Sanitary District, the County of Ventura, the Ventura County Waterworks
District No. 1, Camrosa Water District, the U.S. Department of Navy, the California
Department of Transportation (collectively, the Public Agencies), and the Ventura County
Agricultural Irrigated Lands Group (Ag Group) for management, funding and cost sharing
Yequired for the implementation of the Calleguas Creek Watershed Total Maximum Daily
Load (TMDL) Program. The City Council is now being asked to approve an Amendment to
the MOA to continue participation in a regional program for management,funding and cost
sharing required for the implementation of the Calleguas Creek TMDL Program. The
amendment adds work related to two adopted TMDLS for trash (not applicable to
Moorpark) and salts (applicable to Moorpark) and work related to a future TMDL for
bacteria.
At the time of the original MOA adopted in 2007, there were four TMDLs for Calleguas
Creek that were adopted by the Los Angeles Regional Water Quality Control Board
(RWCQB)and the Environmental Protection Agency(EPA),which include impairments for
Nitrogen; Toxicity; Organochlorine Pesticides, PCBs, and Siltation; and Metals. Since
then, the RWCQB and EPA have also adopted two more TMDLs (trash and salts). These
TMDLs require specific water quality monitoring and implementation actions that must be
completed within a specified time frame. The public agencies listed above along with the
Ag Group worked collaboratively on these TMDLs and determined that it would be more
cost effective to share in the costs of the required monitoring and implementation program.
S:1Public Works%Everyone%Reports\Staff Reports\20090ecembeAl2-2-2009(FY 09-10 Calleguas TMDL AgreemeM).doc 61
Honorable City Council
December 2, 2009
Page 2
The proposed amendment updates the original MOA to reflect the new TMDL requirements
and continues the coordinated efforts of all cooperating agencies.
FISCAL IMPACT
Moorpark's expected FY 2009/10 contribution is $33,996. Sufficient funds are already
available in the FY 2009/10 budget.
STAFF RECOMMENDATION
Authorize the Mayor to sign the First Amended and Restated MOA.
Attachment:
1. First Amended and Restated MOA
SAPublic Works\Everyone\Reports\,Staff Reports12009\December\12-2-2009(FY 09-10 Calleguas TMM Agmement)Am
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Attachment 1
First Amended and Restated
MEMORANDUM OF AGREEMENT
Management, Funding and Cost Sharing for the
Implementation of the Calleguas Creek Watershed
Total Maximum Daily Load Program
This First Amended and Restated Memorandum of Agreement ("MOA") is entered into
effective 2009, by the Camrosa Water District, the Camarillo Sanitary
District, the City of Camarillo, the City of Moorpark, the City of Oxnard, the City of Simi
Valley, the City of Thousand Oaks, the County of Ventura, the Ventura County
Waterworks District No. 1, the U.S. Department of Navy, the California Department of
Transportation (collectively, the "Public Agencies") and the Ventura County Agricultural
Irrigated Lands Group within the Calleguas Creek Watershed ("Ag Group"), a subdivision
of the Farm Bureau of Ventura County ("Farm Bureau"), which together with the Public
Agencies are collectively the "PARTIES". The PARTIES agree as follows:
RECITALS
A. On October 24, 2002, the California Regional Water Quality Control Board, Los
Angeles Region ("RWQCB") adopted Resolution No. 2002-017 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
include a Total Maximum Daily Load ("TMDL") for Nitrogen Compounds and
Related Effects in Calleguas Creek, a copy of which is attached and incorporated
as Exhibit A.
B. On July 7, 2005, the RWQCB adopted Resolution No. 2005-009 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
incorporate a TMDL for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, its
tributaries and Mugu Lagoon a copy of which is attached and incorporated as
Exhibit B.
C. On July 7, 2005, the RWQCB adopted Resolution No. 2005-010 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
incorporate a TMDL for Organochlorine Pesticides, Polychorinated Biphenyls, and
Siltation in Calleguas Creek, its tributaries and Mugu Lagoon, a copy of which is
attached and incorporated as Exhibit C.
D. On June 8, 2006, the RWQCB adopted Resolution No. 2006-012 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
incorporate a TMDL for Copper, Mercury, Nickel, and Selenium ("Metals") for
Calleguas Creek, its tributaries, and Mugu Lagoon, a copy of which is attached and
incorporated as Exhibit D.
E. On June 7, 2007, the RWQCB adopted Resolution No. 2007-007 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
incorporate a TMDL for Trash in the Revolon Slough/Beardsley Wash
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Subwatershed of Calleguas Creek, a copy of which is attached and incorporated
as Exhibit J.
F. On October 4, 2007, the RWQCB adopted Resolution No. 2007-016 adopting an
Amendment to the Water Quality Control Plan for the Los Angeles Region to
incorporate a TMDL for Boron, Chloride, TDS, and Sulfate ("Salts") in Calleguas
Creek, its tributaries and Mugu Lagoon, a copy of which is attached and
incorporated as Exhibit K.
G. Eight of fourteen reaches in the Calleguas Creek Watershed ("CCW) are
identified on the 2006 Clean Water Act Section 303(d) list of water-quality limited
segments as impaired due to elevated levels of fecal coliform in water. The
PARTIES may initiate further work on developing the Bacteria TMDL to address
these impairments.
H. RWQCB Resolutions 2002-017, 2005-009, 2005-010, 2006-012, 2007-007 and
2007-016 are jointly referred to herein as the"TMDLs".
I. The TMDLs are not self-executing and not all the TMDLs have been incorporated
into all the existing National Pollutant Discharge Elimination System Permits
regarding Waste Discharger Requirements for Municipal Stormwater and Urban
Runoff Discharges or Publicly Owned Treatment Works ("POTWs")or the Irrigated
Lands Waiver(RWQCB Order No. R4-2005-0080) (jointly referred to herein as the
"NPDES Permit") within the CCW in the manner required for the limits of the
TMDLs to be legally enforceable.
J. The TMDLs require a monitoring and reporting program plan to be submitted to the
RWQCB for approval.
K. On September 24, 2006 the PARTIES submitted to the RWQCB, in accordance
with the requirements of the TMDLs, the Calleguas Creek Watershed
Management Plan TMDL Monitoring and Reporting Program's Quality Assurance
Program Plan ("QAPP") hereinafter referred to as "Monitoring Plan," which is
attached and incorporated as Exhibit E.
L. On October 15, 2007, the RWQCB approved the Monitoring Plan.
M. On June 26, 2007, the PARTIES submitted to the RWQCB, in accordance with the
requirements of the Metals TMDL, a Monitoring and Reporting Plan to be
incorporated into the QAPP, which is attached and incorporated as Exhibit E1.
N. On January 30, 2009, the RWQCB approved the Metals Monitoring Plan.
O. On June 2, 2009 the PARTIES submitted to the RWQCB, in accordance with the
requirements of the Salts TMDL, a Monitoring and Reporting Plan to be
incorporated into the QAPP, which is attached and incorporated as Exhibit E2.
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P. The PARTIES' original MOA became effective on March 1, 2008, which
established a joint monitoring and implementation program ("Program") that was
consistent with the approved Monitoring Plan and consistent with the TMDLs.
Q. The PARTIES desire to amend and restate in its entirety the MOA in order to
continue the Program in a manner consistent with the approved Monitoring Plan
and consistent with the TMDLs as they presently exist or are hereafter amended.
R. The U.S. Department of the Navy("Navy") is an agency of the federal government,
and therefore may be subject to limitations on its ability or requirement to comply
with every provision of this MOA to the same extent that the Public Agencies are
able to comply. These limitations are based upon, but not limited to, those
identified in the federal Clean Water Act, the federal Antideficiency Act, the
principle of sovereign immunity and the holdings of the United States Supreme
Court, and other binding federal court decisions, as they interpret those sources of
federal law. The limitations so mentioned include, but are not limited to, the
availability of federal funding to pay for participation in this program, the ability of
the Navy to participate directly in sampling, research or data gathering activities
that are not located on Navy or federal lands or a point source of water discharge
arising on Navy or federal lands, or other activities not specifically authorized by
the federal Clean Water Act. To the extent the limitations described in this
paragraph prevent the Navy from fully participating in the Program, it reserves the
right, in its sole discretion, to participate in the Program and this MOA as a matter
of comity. By entering into this MOA, the Navy does not authorize any of the Public
Agencies to exercise regulatory authority over it except to the extent expressly
permitted by state or federal law.
S. The PARTIES also acknowledge that the obligation of the California Department of
Transportation ("Caltrans") to contribute funds under this MOA is subject to the
appropriation of funds by the California Legislature and the allocation of funds by
the California Transportation Commission.
AGREEMENT
ARTICLE I — PURPOSE OF AGREEMENT
1.1. PURPOSE.
The purpose of this MOA is to cooperatively and voluntarily devise and jointly fund
a coordinated Program that is consistent with the TMDLs, that implements the
Monitoring Plan, and that establishes a mechanism for the sharing of the costs
associated with the Program. The PARTIES acknowledge that this MOA and the
work to be accomplished hereunder is undertaken on a voluntary basis since the
TMDL allocations have not been incorporated into the NPDES permits or Irrigated
Lands Waiver in the manner required by law to be enforceable.
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1.2. MAXIMUM EXTENT PRACTICABLE STANDARD.
Nothing in this MOA, nor any activity approved or carried out by the PARTIES
hereunder, may be interpreted as a waiver of the position that the efforts
undertaken by the PARTIES are not subject to the "Maximum Extent Practicable"
standard set forth in the Clean Water Act (33 U.S.C. Section 1251 et seq.).
ARTICLE If — RESPONSIBILITIES
2.1. PARTIES.
A. The PARTIES agree to designate four discharger groups as follows: 1) POTWs,
consisting of Camrosa Water District, Camarillo Sanitary District,Ventura County
Waterworks District No. 1, and the Cities of Simi Valley and Thousand Oaks; 2)
"Urban Dischargers," consisting of the Cities of Simi Valley, Thousand Oaks,
Camarillo, Moorpark and Oxnard and the County of Ventura; 3) "Agricultural
Dischargers," consisting of the Ag Group; and 4) "Other Dischargers,"
consisting of the U.S. Department of Navy and Caltrans.
B. The PARTIES agree to form a "Management Committee" consisting of one
representative each from the POTWs, Urban Dischargers and Other Dischargers
groups and two representatives from the Agricultural Dischargers group. Each
discharger group will select its applicable representatives and will also select an
alternate representative to serve in the absence of each primary representative
in whatever manner each group deems appropriate. The representatives of the
discharger groups that consist of Public Agencies will be agency employees with
appropriate technical backgrounds or responsibilities relevant to the purposes of
the Program. The PARTIES authorize the Management Committee to oversee
the Program and make decisions to assure the Program is carried out in a timely,
accountable fashion. The PARTIES reserve the authority to adopt the annual
budget, and task the Management Committee to diligently concur on a
recommended budget annually in order to present a recommended budget to the
PARTIES for adoption. The PARTIES further reserve the authority to make
substantial changes to each budget and to review and adopt any budget
increase during the fiscal year as may be required to implement the Program.
C. Annually, the PARTIES must each contribute the funding allocated to their
respective agency in accordance with Exhibit F and reflected in Exhibits G and H.
Each PARTY's voting power and cost allocations will be based on such
PARTY'S actual annual allocated costs.
2.2. MANAGEMENT COMMITTEE.
A. The Management Committee will attempt to reach consensus on all issues. If a
vote is necessary, each Management Committee member will have one vote. A
motion requires four affirmative votes of the Management Committee for
passage. The Management Committee representatives will serve a minimum
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term of one fiscal year starting July 1 through June 30. Each discharger group
has the right to choose its representatives, including reappointing incumbent
representatives, each fiscal year.
B. The Management Committee will implement the Program following the principles
and methods provided in this MOA.
C. The Management Committee will recommend a budget for the PARTIES
approval and funding as provided in this MOA.
D. The Management Committee will manage Program task timelines and budgets
as provided in the approved budget. The Management Committee will review
and recommend budget variances and increases in funding to the PARTIES.
E. The Management Committee will select the primary contractors ("Prime
Contractors") to implement each element of the Program. The Prime
Contractors will be responsible for technical program management in
accordance with the requirements of the Monitoring Plans and TMDLs
2.3. FISCAL AGENT.
A. The PARTIES will designate a "Fiscal Agent" for the PARTIES by a separate
"Fiscal Agent Contract" which will be submitted for approval by the PARTIES.
The Fiscal Agent will develop a recommended annual budget for review by the
Management Committee, and ultimate approval by the PARTIES. The Fiscal
Agent will contract with the selected Prime Contractors to implement the
Program consisting of monitoring, laboratory services, data management,
reporting, and implementation actions. The PARTIES agree to reimburse the
Fiscal Agent for such management services as provided in the budget and the
Fiscal Agent Contract.
B. The Fiscal Agent must be a public agency and must serve a term of not less than
one fiscal year.
C. The then current Fiscal Agent may withdraw upon providing written notice to the
Management Committee before March 1st prior to the next fiscal year.
D. In the event that the Fiscal Agent withdraws from this MOA, another public
agency may serve as successor Fiscal Agent. Any public agency willing to serve
as successor Fiscal Agent may be nominated by another PARTY. Selection of a
Fiscal Agent must be approved by the Management Committee.
E. The Fiscal Agent must act in a timely manner to execute contracts with the Prime
Contractor and all other contractors necessary to implement the Program. The
Management Committee will select all contractors, and the Fiscal Agent will
contract with those selected contractors. Upon the selection of a new Fiscal
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Agent, if necessary, the new Fiscal Agent will renegotiate all existing contracts to
ensure that they are properly assigned to the new Fiscal Agent.
F. The Fiscal Agent will be the treasurer of Program funds. The Fiscal Agent, in
accordance with generally accepted accounting procedures, must keep the
Program funds segregated from any other funds administered by the Fiscal
Agent; must credit the Program with appropriate interest income earned on
Program funds in each fiscal year; and may not expend any funds except in
accordance with the annual budget approved by the Management Committee or
as otherwise directed by the Management Committee.
G. By February 1 of each year, the Fiscal Agent must cause to be prepared a
projected detailed annual budget for review and recommended approval by the
Management Committee, and ultimate approval by the PARTIES, for the
following fiscal year, as described under Section 3.1.13. The Fiscal Agent will
retain all fiscal records for five years and make those records available for review
by any PARTY upon request.
H. The Fiscal Agent must provide a copy of any contract executed on behalf of the
PARTIES to the Management Committee upon request.
I. The Fiscal Agent may request under its agreement with the PARTIES, and as
part of the annual Program budget, reimbursement for reasonable and
customary costs incurred in providing the services under this MOA.
Reimbursement to the Fiscal Agent will be subject to Management Committee
review and approval as part of the Program budget.
J. The Fiscal Agent will cause to be prepared an annual audit of expenditures and a
report regarding the Program and submit such audit and report to the
Management Committee within 90 days of the close of each fiscal year.
2.4. DOCUMENTATION.
The PARTIES agree to provide all readily available information and
documentation that is deemed necessary to perform the Program.
2.5. GRANT OF ACCESS RIGHTS.
During the term of this MOA, the PARTIES (including all members of the Ag
Group) will grant the right of access and entry to all monitoring locations to the
Prime Contractors or any other contractor retained by the Fiscal Agent at all
reasonable times for the purposes of collecting monitoring data consistent with
the Monitoring Plan subject to all applicable laws of such PARTY. Any Public
Agency or Prime Contractor intending to enter onto another PARTY's
right-of-way, property or easement must first make a written request to the
affected PARTY, identifying the site location, extent of access by persons (and
equipment if any), dates and times of entry, as well as an explanation of the
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purpose of that entry. The affected PARTY will then determine, within 10
working days, if that entry will require a formal encroachment permit or other
approval. If a formal permit or approval is required based on that PARTY'S
applicable law, the Public Agency or Prime Contractors must obtain such permit
or approval. If a formal permit or approval is not required based on that PARTY's
applicable law, the affected PARTY may still condition the right of entry on the
accompaniment of a representative of the affected PARTY, who may restrict or
limit the access to those persons deemed necessary at the sole discretion of the
affected PARTY.
ARTICLE III — FUNDING, COST & DATA SHARING
3.1. FUNDING.
A. The PARTIES agree to provide funding for the costs of the Program including the
services performed by the Prime Contractor and any other contractor retained by
the Fiscal Agent consistent with each PARTY's percentage allocation as set forth
in Exhibit F and reflected in Exhibits G and H.
B. The monitoring cost estimate for the current Program year is attached as Exhibit
G. The implementation cost estimate for the current Program year is attached as
Exhibit H. If the actual budget exceeds the projected costs in Exhibits G and H,
the Management Committee will develop a recommendation and call for a vote of
the PARTIES to approve a revised budget. Each Program year, the applicable
Prime Contractor and the Fiscal Agent will prepare a draft annual budget. The
Fiscal Agent will facilitate budget review by the Management Committee and,
upon the Management Committee reaching agreement, presentation of the
recommended annual budget to the PARTIES. Once the PARTIES reach a
two-thirds majority agreement on the recommended annual budget based on the
PARTIES' percentage allocations, the budget will be considered an approved
annual budget for the following fiscal year. The applicable Prime Contractor and
Fiscal Agent will be provided a draft budget deadline by the Management
Committee to provide sufficient time for review of the recommended Annual
Budget to allow for its timely passage prior to June 30 annually.
C. The Fiscal Agent will provide timely notice of fund transfers necessary to meet
budgeted activities.
D. The PARTIES understand and agree that the Farm Bureau has no specific or
direct liability for the funds to be paid by the Ag Group within the CCW pursuant
to this MOA. The Farm Bureau is a facilitator with the RWQCB in an Irrigated
Agricultural Lands Waiver Program for properties within Ventura County,
including properties within the CCW. The Farm Bureau cannot ensure that all
irrigated agricultural property within the CCW is participating in, or will participate
in the Ag Group. The Ag Group is the entity from which the Farm Bureau will
collect funds due under this MOA.
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In such capacity as a facilitator, the Farm Bureau cannot ensure or guarantee
that all funds due from agriculture pursuant to this MOA will be collected. The
Farm Bureau will use its best efforts to secure the greatest amount of
participation by agricultural property within the CCW and the collection of funds
due and owing under this MOA.
E. To the extent a PARTY fails to timely pay all or a portion of such PARTY's cost
allocation, the Management Committee must direct the applicable Prime
Contractors to reduce to the extent feasible the Program monitoring and
implementation activities that directly apply to such PARTY in proportion to the
reduction in contributions from such PARTY. Under no circumstances will any
PARTY be required to increase its contribution based on the failure of another
PARTY to pay all or a portion of its cost allocation.
3.2. CONTRACT FOR SERVICES.
A. The Management Committee will assist the Fiscal Agent in issuing requests for
proposals, negotiating contracts, and selecting the Prime Contractors and any
other contractors. If bids for the initial year of any subsequent fiscal year costs
exceed the estimates in Exhibits G and H by more than ten percent (10%), the
Management Committee must notify the PARTIES and request the PARTIES'
direction on approval of additional funds. Payment for contract activities may
only be made upon review and approval by the Management Committee of
invoices submitted by the Prime Contractors and all other contractors.
B. All Prime Contractors and all other contractors will be retained by contract with
the Fiscal Agent. The Fiscal Agent will disburse funds to contractors within 30
days after approval of the invoice by the Management Committee. The Fiscal
Agent will perform this role for the administrative convenience of the PARTIES.
C. All costs for the Program are to be shared based upon' each PARTY's
percentage allocation as set forth in Exhibit F. Fifty percent (50%) of each
PARTY's share of first year costs as set forth in Exhibits G and H will be invoiced
by, and is due and payable to the Fiscal Agent from each PARTY upon the
effective date of this MOA, and the remaining fifty percent (50%) is due after six
months from the effective date of the MOA. Subsequent annual budget costs will
be due and payable to the Fiscal Agent within 45 days of receipt of the invoice, or
upon such other terms as the Management Committee may approve.
3.3 DATA SHARING.
It is the intent of the PARTIES that the monitoring data collected will remain in
draft form until released to the RWQCB under the PARTIES' NPDES permits and
the Irrigated Lands Waiver. Prior to such disclosure, no PARTY may share the
monitoring data generated from the Program with members of the public without
first obtaining permission from the Management Committee.
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ARTICLE IV—GENERAL PROVISIONS
4.1. TERM.
The effective date of this MOA is the date first above written. The initial term of
the MOA will continue for a period of five years from the effective date. Thereafter,
the MOA will automatically renew upon the anniversary of the effective date upon
consensus of the PARTIES until terminated in the manner provided for in this
MOA.
4.2. WITHDRAWAL.
A. Any PARTY may withdraw from this MOA by providing written notice to the
Management Committee on or before: (i) March 1 in any year; (ii) 30 days from
notice of the Management Committee's recommended annual budget; or (iii) 15
days from any other PARTY's notice of withdrawal. If notice is timely given, the
withdrawal will become effective at the beginning of the next fiscal year.
B. Any PARTY that withdraws from this MOA will remain liable for that PARTY's
share of the costs under this MOA through the end of the then current fiscal year.
C. The withdrawing PARTY will be responsible for all lawfully assessed penalties on
such PARTY as a consequence of and subsequent to the withdrawal. The
withdrawing PARTY will also be responsible for fulfilling all requirements of the
Program applicable to such withdrawing PARTY.
D. Upon withdrawal or delay in adoption of the MOU by any PARTY, the
Management Committee will revise the cost sharing formula set forth in Exhibit F
to equitably reduce or reapportion the withdrawing PARTY's contribution among
the remaining PARTIES.
4.3. AMENDMENTS.
A. During the term of this MOA, any PARTY may request that the other PARTIES
negotiate, in good faith, modifications to the MOA that may be reasonably
necessary because of changed circumstances.
B. Any amendment to this MOA must be in writing and must be consented to by all
PARTIES. Upon such consent, the amendment must be executed by each Party
within three months of notice by the Management Committee.
4.4. NOTICES.
Any notices, bills, invoices, or reports relating to this MOA, and any request,
demand, statement or other communication required or permitted hereunder
must be in writing and must be delivered to the representatives of the PARTIES
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at the addresses set forth in Exhibit I attached hereto. A notice will be deemed to
have been received on (a)the day of delivery, if delivered by hand during regular
business hours or by confirmed facsimile; or (b) on the third business day
following deposit in the United States mail, postage prepaid.
4.5. RELATIONSHIP OF THE PARTIES,.
The PARTIES are, and will at all times remain as to each other, wholly
independent entities. No PARTY has the power to incur any debt, obligation, or
liability on behalf of any other PARTY unless expressly provided to the contrary
by this MOA. No employee, agent, or officer of a PARTY will be deemed for any
purposes whatsoever to be an agent, employee or officer of another PARTY.
4.6. COOPERATION, FURTHER ACTS.
The PARTIES agree to cooperate fully with one another to attain the purposes
and objectives of this MOA.
4.7. INDEMNIFICATION.
Each PARTY will be solely responsible and liable for its individual obligations
under this MOA. Each PARTY agrees to indemnify, defend, and hold the other
PARTIES harmless for all losses, claims, and liability including attorney fees and
costs, arising to the extent of the negligence or willful misconduct of the
indemnifying PARTY.
4.8. EXECUTION OF COUNTERPARTS.
This MOA may be executed in counterparts, each of which will be deemed an
original, but together will constitute one and the same instrument.
4.9. GOVERNING LAW.
This MOA is governed by the laws of the State of California.
4.10. SEVERABILITY.
If any provision of this MOA is determined by any court to be invalid, illegal, or
unenforceable to any extent, the remainder of this MOA will not be affected will
be construed as if the invalid, illegal or unenforceable provision had never been
contained in this MOA.
(Signatures on following pages)
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IN WITNESS WHEREOF, the PARTIES have caused this MOA to be executed on
their behalf as of the date specified below, respectively, as follows:
CAMROSA WATER DISTRICT
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
CAMARILLO SANITARY DISTRICT
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
CITY OF CAMARILLO
Date: APPROVED AS TO FORM:
By: By:
Mayor, City Council City Attorney
CITY OF MOORPARK
Date: APPROVED AS TO FORM:
By: By:
Mayor, City Council City Attorney
CITY OF OXNARD
Date: APPROVED AS TO FORM:
By: By:
Dr. Thomas E. Holden, Mayor City Attorney
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CITY OF SIMI VALLEY
Date: APPROVED AS TO FORM:
By: By:
Mayor, City Council City Attorney
CITY OF THOUSAND OAKS
Date: APPROVED AS TO FORM:
By: By:
Mayor, City Council City Attorney
COUNTY OF VENTURA
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors County Counsel
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
UNITED STATES DEPARTMENT OF NAVY
Date: APPROVED AS TO FORM:
By: By:
General Counsel
VENTURA COUNTY AGRICULTURAL IRRIGATED LANDS GROUP, a subdivision of
the Farm Bureau of Ventura County
Date: APPROVED AS TO FORM:
By: By:
General Counsel
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STATE OF CALIFORNIA
Department of Transportation
[Position vacant at time of MOA]
Director of Transportation
By
District Director
Approved as to Form & Procedure:
By:
Attorney
Certified as to Funds:
By:
District Budget Manager
Certified as to Financial Terms and Conditions:
By:
Accounting Administrator
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LIST OF EXHIBITS
Full document will be attached to Agreement and
has been provided to City Council under separate cover
Electronic version (PDF) is available upon request: 805-517-6257
A hard copy is available for public viewing at
Moorpark City Hall Front Counter:
799 Moorpark Avenue
Moorpark, CA 93021
Exhibit A: RWQCB Resolution 02-017— Nutrient TMDL
Exhibit B: RWQCB Resolution R4-2005-009 —Toxicity TMDL
Exhibit C: RWQCB Resolution R4- 2005-010 — Pesticides TMDL
Exhibit D: RWQCB Resolution R4 - 2006-012 — Metals TMDL
Exhibit E: CCWMP TMDL Monitoring QAPP
Exhibit E1: Metals TMDL Monitoring Plan.
Exhibit E2: Salts TMDL Monitoring Plan
Exhibit F: Program Implementation Formula—Voting Power
Exhibit G: Estimate of Program Monitoring Costs
Exhibit H: Estimate of Program Implementation Costs
Exhibit I: PARTY Representatives
Exhibit J: RWQCB Resolution R4-2007-007 —Trash TMDL
Exhibit K: RWQCB Resolution R4-2007-016 — Salts TMDL
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REFER TO EXHIBIT 10.G.
SCANNED WITH CITY COUNCIL MEETING
AGENDA PACKET FOR DECEMBER 16, 2009
WHICH CONTAINS
EXHIBITS REFERENCED IN THE
FIRST AMENDED AND RESTATED
MEMORANDUM OF AGREEMENT