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MOORPARK CITY COUNCIL
AGENDA REPORT- '`
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Direc
Prepared by: Shaun Kroes, Management Analyst
DATE: May 8, 2008 (CC meeting of 05/21/2008)
SUBJECT: Consider Fiscal Agent Contract for Management, Funding and Cost
Sharing Implementation of the Calleguas Creek Watershed Total
Maximum Daily Load Program
SUMMARY
The City Council is being asked to consider approval of a Fiscal Agent Contract with
Calleguas Municipal Water District to manage the funds and program under the previously
approved Calleguas Creek Total Maximum Daily Load (TMDL) Memorandum of Agreement
(MOA)for the management,funding and cost sharing required to implement the Calleguas
Creek Watershed TMDL Program.
DISCUSSION
On November 7, 2007, the City Council approved an MOA allocating the costs to
implement the TMDL program among the public agencies and Ventura County Agricultural
Irrigated Lands Group (Ag Group) based on allocations outlined in the TMDLs. As part of
the MOA, a Fiscal Agent is required to manage the funds collected under the MOA. The
MOA calls for a separate agency to serve as the Fiscal Agent with respect to the
operations of the TMDL program established under the MOA. Calleguas Municipal Water
District has agreed to serve as the Fiscal Agent for the sum not to exceed $35,000
annually. Moorpark's contribution would be $535 per year, which is based on the urban
cost distribution based on allocations multiplied by average annual discharge volume from
each entity. The previously adopted MOA authorized the collection of funds for this
service.
FISCAL IMPACT
Funds are budgeted and available for the City's Fiscal Agent Contract share of $535
annually. This amount was accounted for in the previously approved MOA.
S:\Public Works\Everyone\Staff Reports\2008\May\5-21-2008(TMDL Fiscal Agent).doc `j u"12 0
Honorable City Council
May 21 , 2008
Page 2
STAFF RECOMMENDATIONS
1 . Authorize the Mayor to sign the Fiscal Agent Contract.
2. Authorize the City Manager to execute any necessary subsequent amendments to the
Fiscal Agent Contract that are consistent with the terms of the MOA.
Attachment A: Fiscal Agent Contract
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S:\Public Works\Everyone\Staff Reports\2008\May\5-21-2008(TMDL Fiscal Agent).doc
Attachment A
FISCAL AGENT CONTRACT
This Fiscal Agent Contract ("Agreement"), effective as of is by
and between the Calleguas Municipal Water District, a California special district ("Fiscal
Agent") and the Parties of the Memorandum of Agreement for the Management, Funding
and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total
Maximum Daily Load Program (collectively "Parties"). The Parties are the cities of
Camarillo, Moorpark, Oxnard, Simi Valley, Thousand Oaks; the County of Ventura,
Ventura County Waterworks District No. 1, Camarillo Sanitary District, Camrosa Water
District, U.S. Department of the Navy, California Department of Transportation, and the
Ventura County Agricultural Irrigated Lands Group within the Calleguas Creek
watershed.
RECITALS
A. Parties have entered into that certain Memorandum of Agreement for the
Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek
Watershed Total Maximum Daily Load Program dated March 1, 2008 ("MOK), which is
attached and incorporated as Exhibit A. Unless otherwise defined in this Agreement, all
initially capitalized words and terms will have the meanings provided in the MOA.
B. The MOA calls for a separate public agency to serve as the Fiscal Agent with
respect to the operations of the Program established under the MOA.
C. Calleguas Municipal Water !District, is willing to provide the services required of
the Fiscal Agent under the MOA and as provided in this Agreement.
AGREEMENT
1. Scope and Performance of Services:
Calleguas Municipal Water District agrees to perform the services ("Services")
required of the.Fiscal Agent in the time and manner described in the MOA, in particular,
Section 3 of Article, II and Article III.
Calleguas Municipal Water District will furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment,
and all other means whatsoever, except as otherwise expressly specified in this
Agreement, necessary or proper to perform and complete the Services required of Fiscal
Agent under this Agreement.
Fiscal Agent will not be compensated for any Services rendered in connection
with this Agreement that are in addition to or outside of the Services set forth in this
Agreement, unless such additional Services are authorized in advance and in writing by
Parties.
Parties may request changes to the Services, consisting of additions, deletions,
or other revisions, and the compensation to be paid Fiscal Agent will be adjusted
accordingly. All such changes must be authorized in writing, and executed by Fiscal
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Agent and Parties. The cost or credit to Parties resulting from changes in the Services
will be determined by the written agreement between the parties.
2. Payment for Services:
Parties agree to pay or cause to be paid Fiscal Agent the sum of $2,390.00 per
month for the Services, which represents reimbursement for the anticipated reasonable
and customary costs incurred as described in Section.... 3.2.0 of the MOA. The Fiscal
Agent and the Management Committee will review the Fiscal Agent's level of effort and
reimbursement semi-annually and upon the concurrence of the Management Committee
and Fiscal Agent may adjust the monthly payment up or down with an aggregate annual
reimbursement not to exceed $35,000.00. The annual audit required in the MOA,
Section 2.3.J shall be submitted as a separate budget item and is not included in the
monthly payment for Services. Parties have caused sufficient funds to be deposited with
Fiscal Agent or in an account managed by Fiscal Agent to cover the monthly cost of
such Services, Fiscal Agent is authorized to withdraw during the following month the
amount owed for the prior month's Services.
Any payment to Fiscal Agent for Services performed under this Agreement will
not be deemed to waive any defects in the Services performed by Fiscal Agent.
The Parties also acknowledge that the obligation of the California Department of
Transportation ( Caltrans ) to contribute funds under the MOA is subject to the
appropriation of funds by the California Legislature and the allocation of funds by the
California Transportation Commission.
3. Indemnification:
Fiscal Agent agrees to indemnify, defend, protect and hold harmless Parties from
and against, any and all liabilities, claims, actions, causes of action, proceedings, suits,
damages, judgments, liens, levies, costs and expenses of whatever nature, including
reasonable attorneys' fees and disbursements (collectively, "Claims"), which Parties may
suffer or incur or to which Parties may become subject to the extent caused by the
negligent or willfully wrongful acts or omissions of Fiscal Agent, its officers, employees,
or agents committed in performing any Services under this Agreement. For the purposes
of this section, "Parties" includes Parties officers, officials, employees, agents and
volunteers. The provisions of this paragraph do not apply to Claims occurring as a result
of Parties' sole negligence or willful acts or omissions.
Parties shall jointly and severally, indemnify, defend, protect and hold harmless
Fiscal Agent from and against any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever
nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"),
which Fiscal Agent may suffer or incur, or to which Fiscal Agent may become subject by
reason of, or arising out of this Agreement and/or the MOA, including without limitation
any claim for breach of contract or any other claim or action brought by any contractor or
subcontractor. For the purposes of this section, "Parties" includes Parties' officers,
officials, employees, agents and volunteers. The provisions of this paragraph do not
apply to Claims occurring as a result of Fiscal Agent's sole negligence or willful acts or
omissions.
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The provisions of this section will survive the expiration or earlier termination of
this Agreement.
4. ;insurance
Calleguas Municipal Water District (CMWD) is a member of the Association of
California Water Agencies - Joint Powers Insurance Authority (ACWA-JPIA). As a
member of this association, the District participates in both pooled and excess insurance
coverage. Specifically the District maintains the following insurance coverage: Crime
Policy including Employee Dishonesty, Forgery or Alteration, and Computer Fraud
coverage and Liability Insurance including General Liability and Automobile coverage.
Calleguas Municipal Water District shall maintain coverage as described in this section
for the duration of this Agreement and shall notify the Parties of any intent to alter its
coverage.
5. Termination of Agreement:
Parties may terminate this Agreement, with or without cause, at any time by
written notice of termination to Fiscal Agent and reassignment of all contracts executed
by the Fiscal Agent on behalf of the Parties. In the event such notice is given, Fiscal
Agent must cease immediately all Services in progress.
Fiscal Agent may terminate this Agreement in accordance with Section 2.3 of the
MOA.
6. General Provisions:
There are no understandings or agreements between Fiscal Agent and Parties
other than those set forth in this Agreement. This Agreement may not be modified or
amended except by written agreement of the parties. Fiscal Agent may not assign or
transfer this Agreement or any portion of this Agreement or the performance of any of
Fiscal Agent's duties or obligations under this Agreement without the prior written
consent of Parties. This Agreement is governed by California law.
IN WITNESS WHEREOF, the undersigned authorized representatives of the PARTIES
have caused this Agreement to be executed on their behalf as of the date specified
above, as follows:
PARTIES
CAMROSA WATER DISTRICT
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
CAMARILLO SANITARY DISTRICT
Page 3 of 7 10124
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:
Mayor, City Council City Attorney
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:
Page 4 of 7
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
Page 5 of 7
STATE OF CALIFORNIA
Department of Transportation
Will Kempton
Director of Transportation
By
Douglas R. Failing
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
Calleguas Municipal Water District as FISCAL AGENT:
By:
General Manager
Page 6 of 7 r•:%�1.i��
Exhibit A
(Copy of MOA)
Page 7 of 7 '� j U 128