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HomeMy WebLinkAboutAGENDA REPORT 2018 0606 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 6, 2018 ACTION Approved Staff Recommendation BY M. Benson Consider Second Amended and Restated Cost Sharing Memorandum of Agreement for the Calleguas Creek Total Maximum Daily Load Monitoring and Implementation Program. Staff Recommendation: Authorize the Mayor to sign the Second Amended and Restated MOA. Item: 10.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Program Manager DATE: May 18, 2018 (CC Meeting of 06/06/18) SUBJECT: Consider Second Amended and Restated Cost Sharing Memorandum of Agreement for the Calleguas Creek Total Maximum Daily Load Monitoring and Implementation Program BACKGROUND 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 the Navy, the California Department of Transportation (Caltrans) (collectively, the Public Agencies), and the Ventura County Agricultural Irrigated Lands Group (Ag Group) for management, funding and cost sharing required for the implementation of the Calleguas Creek Watershed Total Maximum Daily Load (TMDL) Program. On December 16, 2009, the City Council approved an amended and restated MOA, adding 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. As City Council may recall the Public Agencies and Ag Group worked collaboratively on the TMDLs and determined that it would be more cost effective to share in the costs of required monitoring and implementation programs. DISCUSSION The Public Agencies and Ag Group have been working on updating the MOA, including adding the Ventura County Watershed Protection District (District) to the MOA with the intention of the District to act as the Program Manager for the MOA. The MOA has also been adjusted to remove the various TMDLs as exhibits to the MOA and instead lists all TMDLs in one exhibit and refer to the applicable Regional Water Quality Control Board Resolution Number. The MOA Term has also been adjusted to have an initial ten (10) Item: 10.D. 532 year term, with an option for an additional ten (10) year term, subject to approval of the MOA’s representatives. Establishment of a term was a request of Caltrans, in order for them to ensure appropriation of funding. The ability for additional agencies to join the MOA is also provided in the document. This may be beneficial as new agencies become subject to TMDLs in the Calleguas Creek area. The agencies could benefit from the MOAs monitoring and TMDL implementation programs while also providing financial contributions to the MOA. An annual budget limit of $2.5 million has been established. Cost allocation of the annual budget has been based on the average annual discharge volume from each responsible entity. The majority of the contributions come from the Ag Group. The Publicly Owned Treatment Works (sanitation plants) are another contributing group. The Urban Dischargers are the third group and includes Moorpark. The previous two MOA versions included an exhibit detailing the percentage contribution from each agency. The new MOA removes the exhibit and instead the MOA representatives will annually review and approve the cost distribution as part of the annual budget adoption. Moorpark’s annual contribution usually averages 1.4% of all contributions. FISCAL IMPACT Funding has been requested in the FY 2018/19 Draft Budget of $36,000 (expense line 1000.231.00000.51000) to meet the City’s cost obligation in the MOA. STAFF RECOMMENDATION Authorize the Mayor to sign the Second Amended and Restated MOA. Attachment: Second Amended and Restated MOA 533 Second 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 Second Amended and Restated Memorandum of Agreement (MOA) is entered into effective July 1, 2018 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 Ventura County Watershed Protection District, the U.S. Department of Navy, the California Department of Transportation, and the Ventura County Agricultural Irrigated Lands Group within the Calleguas Creek Watershed (a subdivision of the Farm Bureau of Ventura County) hereinafter referred to as the PARTIES. The PARTIES agree as follows: RECITALS A. Between October 2002 and October 2007, the California Regional Water Quality Control Board, Los Angeles Region (RWQCB) adopted six Resolutions to amend the Water Quality Control Plan for the Los Angeles Region to include Total Maximum Daily Loads (TMDLs) to address documented water quality impairments due to Nitrogen Compounds, Toxicity, Chlorpyrifos, Diazinon, Organochlorine Pesticides (OC), Polychlorinated Biphenyls (PCBs), Siltation, Copper, Mercury, Nickel, Selenium, Trash, Boron, Chloride, TDS, and Sulfate in Calleguas Creek Watershed (CCW), listed in Exhibit A. B. October 15, 2007, RWQCB approved the Calleguas Creek Watershed Management Plan Quality Assurance Project Plan (QAPP) Total Maximum Daily Load Monitoring and Reporting Program Plan for the Nitrogen, OC, PCBs, Toxicity, Metals, and Selenium TMDLs (Monitoring Plan). C. The PARTIES on March 1, 2008 first entered into a Memorandum of Agreement (MOA) for a joint monitoring and implementation of the CCW TMDL Program. D. On September 11, 2008, RWQCB approved revision to the CCW Nitrogen Compounds and Related Effects TMDL, Resolution No. R4-2008-009. E. The MOA was amended and restated in August 2009 to continue the CCW TMDL Program in a manner consistent with the approved Monitoring Plan and consistent with the TMDLs as they presently exist or are hereafter amended. F. On October 13, 2016, RWQCB adopted Reconsideration of the TMDLs for Metals and Selenium in Calleguas Creek, Its Tributaries, and Mugu Lagoon, Resolution No. R16-007. 534 G. Nine of fourteen reaches in the Calleguas Creek Watershed are identified on the 2016 Clean Water Act Section 303(d) list of water quality limited segments as impaired due to elevated levels of bacteria indicators in water. The PARTIES may initiate further work on developing the Bacteria TMDL to address these impairments. H. The PARTIES desire to amend and restate in its entirety the agreement a second time in order to continue the CCW TMDL Program in a manner consistent with the approved Monitoring Plan and consistent with the TMDLs as they presently exist or are hereafter amended. DEFINITIONS ANNUAL WORK PLAN: A schedule of actions, equipment installations, and service or supply procurements necessary to implement monitoring and reporting requirements of the existing or new CCW TMDLs. CALLEGUAS CREEK WATERSHED (CCW): The geographic area defined by the hydrologic connection to the network of surface waters bodies that flow into the Calleguas Creek, which includes the Arroyo Simi, Las Posas, Conejo, Calleguas, Revolon Slough and Beardsley Wash subwatersheds, and downstream Mugu Lagoon estuary. CHAIR: A REPRESENTATIVE with duties as described in II-2. FISCAL AGENT: The agency that manages the MOA finances as described in II-4. FISCAL YEAR: The period of July 1 through June 30. MOA: Memorandum of Agreement (this document, as amended). MOA GROUP: An entity which is a group of signatories to this MOA, including 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, and the Ventura County Agricultural Irrigated Lands Group within the Calleguas Creek Watershed (a subdivision of the Farm Bureau of Ventura County). PARTY: An individual signatory agency that is a member of the MOA GROUP. Collectively, individual members may be referred to as PARTIES without referring to the MOA GROUP. PROGRAM MANAGER: Acting liaison and facilitator for MOA GROUP as described in in II-3. 535 REPRESENTATIVE: A staff member authorized by a PARTY to make decisions within the scope defined by this MOA. TMDL: An abbreviation representing “Total Maximum Daily Load” as well as the regulatory regime that requires actions to be taken to identify, monitor, and implement programs and projects to control surface water discharges related to the pollutant loads, and referring to the documents within the regulatory framework that describe the actions to be implemented and pollutant load limits. AGREEMENT ARTICLE I – PURPOSE, TERM AND AFFILIATION I-1 General Purpose The purpose of this MOA is to cooperatively and voluntarily devise and jointly fund a coordinated Program that: (a) is consistent with the adopted TMDLs within the Calleguas Creek Watershed (CCW), (b) implements approved Monitoring Plan, and (c) provides for cost sharing to implement TMDL required actions. I-2 Term The term of this MOA is ten (10) years and begins on July 1, 2018, and expires on June 30, 2028. a) The PARTIES may extend the term of this MOA for one additional ten- year term, or a shorter term as defined by the PARTIES, in accordance with the voting provisions described in Clause II-1(b)(2) of this MOA. b) The PROGRAM MANAGER will facilitate a decision on the MOA term by the REPRESENTATIVES by providing between 6 to 10 months advanced notice to the REPRESENTATIVES that the MOA term is concluding. I-3 Affiliation and Withdrawal By signing this MOA, each PARTY affirms its affiliation with this effort, and agrees to meet the terms of the MOA. a) Any PARTY may withdraw its affiliation with this MOA commencing July 1 of any year by providing written notice to the PROGRAM MANAGER on or before March 1 or within 30 days following the vote that adopts the annual budget for the following Fiscal Year, whichever occurs later. A withdrawing PARTY will be liable for all amounts invoiced to them as of the day of its withdrawal and all further amounts invoiced to them through the end of the fiscal year in which it withdraws its affiliation. This MOA does not waive any legal right or recourse that any PARTY has for cost recovery or contribution, if any. 536 b) Any PARTY that withdraws its affiliation with this MOA may subsequently request to rejoin the MOA. In order to rejoin, a PARTY must pay the amounts that would have been invoiced during the period of absence from the MOA, as well as any invoiced but unpaid amounts, to the MOA GROUP within 60 days of rejoining. I-4 Future PARTIES Joining the MOA Any PARTY can join this MOA commencing July 1 of any year by providing written notice to the PROGRAM MANAGER on or before March 1 or within 30 days following the vote that adopts the annual budget for the following Fiscal Year, whichever occurs later. By signing the MOA Exhibit B, new PARTY affirms its affiliation with this effort, and agrees to meet the terms of the MOA. ARTICLE II – ORGANIZATION AND AUTHORITY II-1 Voting a) The MOA GROUP can make decisions by a vote of the REPRESENTATIVES as provided at sub paragraph II-1(b) of this MOA. Examples include but are not limited to: adopting an ANNUAL WORK PLAN and annual CCW TMDL budget and authorizing expenses; determining the revenue requirements thereby determining the required contribution from each PARTY; selecting the CHAIR, PROGRAM MANAGER, and FISCAL AGENT and their term; selecting contractors to carry out work under the MOA; terminating this MOA; and other decisions within the MOA. b) The MOA GROUP’s voting process will start by calling for a consensus decision. If there is a dissenting REPRESENTATIVE’s vote, a roll-call vote will be conducted. 1) Matters that do not affect the financial obligations of a PARTY, do not affect the term of this MOA, or are not regarding the FISCAL AGENT or PROGRAM MANAGER selection/designation, require a simple majority of those REPRESENTATIVES voting with a quorum (a simple majority present) of the members (determined without weighting) will be sufficient to make a decision. 2) Matters that affect the financial obligations of the MOA GROUP require a 4/5ths majority, weighted proportional to each PARTY’s financial share of the then current, approved ANNUAL WORK PLAN and annual CCW TMDL budget. These matters include: • adopting or amending the ANNUAL WORK PLAN, • adopting an annual CCW TMDL budget, • hiring or terminating the FISCAL AGENT or PROGRAM MANAGER, or • extending the term or terminating this MOA. 537 II-2 CHAIR The REPRESENTATIVES will elect a CHAIR, a REPRESENTATIVE with the authority to act on behalf of the MOA GROUP within the scope of this MOA. The CHAIR’s authority is limited to carrying out the approved actions of the REPRESENTATIVES. These actions may include: presiding at meetings, signing correspondence on behalf of the MOA GROUP, providing a point-of- contact for the PROGRAM MANAGER on operational issues that are within the approved budget, and other duties assigned by an appropriate vote of the PARTIES. The term of the CHAIR is two years; however, the PROGRAM MANAGER will facilitate an annual review by the REPRESENTATIVES. The CHAIR may serve consecutive and/or multiple terms, may resign as CHAIR, or may be removed as CHAIR by a vote of the REPRESENTATIVES. II-3 PROGRAM MANAGER The REPRESENTATIVES will select a PROGRAM MANAGER to manage the program, in accordance with Section II-1(b)(2) of this MOA. The PROGRAM MANAGER’s duties include: a) The PROGRAM MANAGER will prepare an ANNUAL WORK PLAN listing required and recommended TMDL implementation actions for review and an approval vote by REPRESENTATIVES for the coming fiscal year by March 1 of each year. Typical projects are monitoring, laboratory services, data management, reporting, and special studies. b) The PROGRAM MANAGER will develop a detailed annual CCW TMDL budget for review and an approval vote by REPRESENTATIVES for the coming fiscal year by March 1 of each year. c) The PROGRAM MANAGER will define scope of work, provide consultant recommendations, and prepare contracts on behalf of the MOA GROUP. The FISCAL AGENT will approve and sign contracts and provide executed contracts to any REPRESENTATIVE upon request. d) The PROGRAM MANAGER will provide for consultant oversight and tracking of project implementation to ensure progress and completion. e) The PROGRAM MANAGER will review and approve consulting invoices and submit to FISCAL AGENT for payment. f) The PROGRAM MANAGER will ensure required permits for consultant to gain access for approved monitoring activities. 538 II-4 FISCAL AGENT The MOA GROUP will select a FISCAL AGENT to manage funds. The FISCAL AGENT’s duties will include: issuance of consulting contracts prepared by PROGRAM MANAGER and approved by MOA GROUP; timely payments of invoices approved by the PROGRAM MANAGER, disbursing funds for approved contracts, providing periodic reports to the REPRESENTATIVES on the expenses, revenues, balances and budget amounts; and invoicing the individual REPRESENTATIVES and former REPRESENTATIVES to the extent described in this MOA. a) The FISCAL AGENT must be a public agency. b) The FISCAL AGENT will be the treasurer of the MOA GROUP’s funds. The FISCAL AGENT must keep the funds collected and aggregated under this MOA segregated from any other funds administered, in accordance with generally accepted accounting procedures. The FISCAL AGENT will maintain records that apportion revenues (including interest earned) and expenses to each PARTY and former PARTY in accordance with the terms of the MOA, and documents a balance of funds attributable to each PARTY. c) The FISCAL AGENT will retain all fiscal records for five years and make those records available for review by any PARTY upon request. d) The FISCAL AGENT will initiate and complete an annual audit of expenditures, and provide a report of the findings to the MOA GROUP and each REPRESENTATIVE within six months of the close of each fiscal year (by December 31). At least once every two years, the audit will be conducted by an independent, third-party auditor selected by the REPRESENTATIVES in accordance with the voting provisions described in Clause II-1(b)(1) of this MOA. II-5 PROGRAM MANAGER and FISCAL AGENT Selection and Contracts a) The REPRESENTATIVES may elect/replace the PROGRAM MANAGER and/or FISCAL AGENT by election in accordance with the voting provisions described in Clause II-1(b)(2) of this MOA. Replacing the PROGRAM MANAGER and/or FISCAL AGENT will be determined by a process developed and selected by the REPRESENTATIVES as needed. b) The FISCAL AGENT will prepare and execute contracts for PROGRAM MANAGER consistent with the decision of the REPRESENTATIVES and applicable contracting authority of FISCAL AGENT. 539 II-6 Each PARTY a) Each PARTY will provide all reasonably available information and documentation that is deemed necessary to perform the Program. b) Each PARTY will grant the right of access and entry to monitoring locations to the contractors and other support staff at all reasonable times for the purposes of collecting monitoring data consistent with the Monitoring Plan, at no cost to the PARTIES. If a permit or approval is required by standing policy of a PARTY’s entity, the PROGRAM MANAGER must obtain such permit or approval. c) Any PARTY intending to enter onto a Caltrans right-of-way shall first make a written request to Caltrans, 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 purpose of that entry. Caltrans shall thereafter determine, within ten (10) working days, if that entry will be allowed without a formal Encroachment Permit issued by the District Permit Engineer as an authorized presence of non-Caltrans not interfering with or threatening the safety of the traveling public or the integrity of the Caltrans infrastructure. In such case, Caltrans shall condition that right of entry on the accompaniment of a Caltrans representative who shall be empowered to restrict or limit the access of those permittees, as deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the traveled way can be anticipated by Caltrans, Caltrans may require the requesting party to submit a formal Encroachment Permit application, to be filed and completed together with Traffic Control Plans when necessary (which must be prepared by or under the supervision of a traffic engineer licensed in the State of California) with the District Permit Engineer. An Encroachment Permit may require as much as six (6) weeks to be issued depending upon the extent of coordination and development of traffic controls required for that access. Caltrans will endeavor, in good faith, to satisfy all requests for access as promptly as possible. II-7 Other Contractors The MOA GROUP may hire consultants to perform work as authorized by this MOA. The PROGRAM MANAGER will facilitate the solicitation of proposals or bids, recommend a process for the MOA GROUP to select the contractor in alignment with contracting process of the FISCAL AGENT, and contract for the services on behalf of the MOA GROUP. The FISCAL AGENT will make timely payments to contractors, based upon the payment approval process provided in this MOA. 540 ARTICLE III – FUNDING AND BUDGETING III-1 Funding and Payments by the PARTIES a) Expenses will be allocated to each PARTY in accordance with the then current ANNUAL WORK PLAN and CCW TMDL budget. b) Each PARTY must provide payment to support the work carried out under this MOA. The total (annual) CCW TMDL budget shall not exceed $2,500,000.00 (two million and five hundred thousand dollars) per year. When funding is approved, through the budget adoption or other authorized funding decision representing the MOA GROUP, the FISCAL AGENT will send an invoice to each PARTY requesting remittance of the payment share attributable to that PARTY. Each PARTY will make payment to the FISCAL AGENT within 90 days of the invoice receipt. c) A PARTY will not be required to pay the costs attributable to another PARTY remaining within the MOA GROUP. If a PARTY fails to make a timely payment within the 90 days of being invoiced, its payment will be considered late. d) The Farm Bureau of Ventura County has no specific or direct liability for the funds to be paid by the Agricultural Group within the CCW pursuant to this MOA. The Farm Bureau is a permittee of the Regional Water Quality Control Board 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 Agricultural Group. The Agricultural Group is the entity from which the Farm Bureau will collect funds in the amount due under this MOA per approved CCW TMDL MOA annual budget. In such capacity, the Farm Bureau cannot ensure or guarantee that all funds due from agricultural entities pursuant to this MOA will be collected. The Farm Bureau will employ its best effort to secure the greatest amount of participation by agricultural properties within the CCW and the collection of funds due and owing under this MOA, accordingly. e) The PARTIES 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. All obligations of Caltrans under the terms of this Agreement are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This Agreement has been written before ascertaining the availability of federal or state legislative appropriation of funds, for the mutual benefit of the in 541 order to avoid program and fiscal delays that would occur if the Agreement was executed after that determination was made. This Agreement is valid and enforceable as to Caltrans as if sufficient funds have been made available to Caltrans by the United States Government or California State Legislature for the purposes set forth in this Agreement. If the United States Government or the California State Legislature does not appropriate sufficient funds for Caltrans to participate in this Agreement, this Agreement may be amended in writing by the to reflect any agreed upon reduction in the percentage of funds contributed by Caltrans to continue its participation in this Agreement. Caltrans, however, has the option to withdraw from this Agreement in the event sufficient funds are not appropriated for Caltrans. Should Caltrans exercise its option to withdraw from this Agreement, Caltrans shall remain responsible for its share of liability, if any, incurred while participating in this Agreement. f) The PARTIES acknowledge that 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 federal law, 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 actions under this MOA, it reserves the right, in its sole discretion, to participate in the actions under this MOA and this MOA as a matter of comity to the extent allowed by federal law. 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. III-2 ANNUAL WORK PLAN and Budget a) An ANNUAL WORK PLAN will be proposed by the PROGRAM MANAGER as a basis for the CCW TMDL annual budget. The ANNUAL WORK PLAN will be presented to the REPRESENTATIVES for adoption by a vote in accordance with the voting provisions described in Clause II- 1(b)(2) of this MOA. The PROGRAM MANAGER will use the approved ANNUAL WORK PLAN to develop a proposed budget. 542 b) The cost obligations for each PARTY will be described (by financial spreadsheet or other method approved by the REPRESENTATIVES) within the ANNUAL WORK PLAN proposal. The cost obligations will indicate the cost share (percentages) owed by each PARTY. The proposed ANNUAL WORK PLAN will also revise and propose the voting weight allocations for the PARTIES that will remain in effect until the ANNUAL WORK PLAN is amended or replaced by a vote in accordance with the voting provisions described in Clause II-1(b)(2) of this MOA. c) Annually, a CCW TMDL budget will be prepared for consideration and an approval vote by the PARTIES in accordance with the voting provisions described in Clause II-1(b)(2) of this MOA. Each REPRESENTATIVE may only vote to approve or not approve its agency’s share of the cost. Upon adoption of the Budget, the FISCAL AGENT will invoice each PARTY on or after July 1 of the fiscal year to which the budget applies (not applicable to early payment arrangements made by an individual PARTY – any PARTY may request to make an earlier payment). d) The budget will be constructed to show all expenses plus a 10% contingency that will be held in reserve. The reserve funds will be accounted for annually, designated as a credit for each agency that has contributed such funds. (Should a PARTY withdraw from the MOA, their reserve funds will be reimbursed to them, less any payments due under the MOA.) Contingency funds may be approved for additional work or activities, not included in the original budget for the fiscal year, if authorized by the by a vote of the REPRESENTATIVES in accordance with the voting provisions described in Clause II-1(b)(2) of this MOA.. ARTICLE IV - GENERAL PROVISIONS IV-1 Amendments During the term of this MOA, any REPRESENTATIVE may request that the other REPRESENTATIVES negotiate, in good faith, modifications to the MOA that may be reasonably necessary because of changed circumstances. Any amendment to this MOA must be in writing and may only be presented for adoption after unanimous approval of all REPRESENTATIVES. Upon such approval, the amendment must be executed by each PARTY within three months of notice by the PROGRAM MANAGER, or by an alternative deadline established by agreement of all the REPRESENTATIVES. IV-2 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 PROGRAM MANAGER. A notice will be deemed to have been received on (a) the day of delivery, if delivered by 543 hand during regular business hours or by confirmed facsimile; or (b) on the actual date of delivery to the address if sent by mail. IV-3 PARTIES’ Relationship The PARTIES are to remain wholly independent entities with respect to each other at all times. 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. The PARTIES agree to cooperate fully with one another to attain the purposes and objectives of this MOA. IV-4 Indemnification Each PARTY will be solely responsible and liable for its individual obligations under this MOA. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being to an agreement as defined by Section 895 of the Government Code, each Party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the Government Code, hereby agrees to and shall indemnify and hold harmless the other as provided in this Section. Each of the PARTIES shall assume the defense of, indemnify and hold harmless the other PARTIES and each of their officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the negligent acts or omissions of such PARTY in connection with its use of the Project, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the negligent acts or omissions of the indemnified PARTY. If judgment is entered against all the PARTIES by a court of competent jurisdiction because of the concurrent active negligence of one or more PARTY(S), the PARTIES agree that liability will be apportioned as determined by the court. No PARTY shall request a jury apportionment. IV-5 Execution in 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. IV-6 Governing Law This MOA is governed by the laws of the State of California. 544 IV-7 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 remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in this MOA. IV-8 Disclaimer of Maximum Extent Practicable Standard/No Admissions 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.). IV-9 Data Sharing Monitoring data collected will remain in draft form until released to the RWQCB under the PARTIES’ NPDES permits and the Agricultural Irrigated Lands Conditional Waiver. Prior to such disclosure, no PARTY may share the monitoring data generated under this MOA with members of the public without first obtaining permission from the PROGRAM MANAGER. All data must be uploaded to California Environmental Data Exchange Network (CEDEN) and the data must be provided to Caltrans both in electronic CEDEN format as well as hardcopy report. (Signatures on following pages) 545 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement 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 546 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CAMARILLO SANITARY DISTRICT Date: _____________________________ APPROVED AS TO FORM: By: ______________________________ By: __________________________ Chair, Board of Directors General Counsel 547 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CITY OF CAMARILLO Date: ______________________________ APPROVED AS TO FORM: By: ______________________________ By: __________________________ Mayor, City Council City Attorney 548 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CITY OF MOORPARK Date: ______________________________ APPROVED AS TO FORM: By: ______________________________ By: __________________________ Mayor, City Council City Attorney 549 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CITY OF OXNARD Date: ______________________________ APPROVED AS TO FORM: By: ______________________________ By: __________________________ Dr. Thomas E. Holden, Mayor City Attorney 550 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CITY OF SIMI VALLEY Date: ______________________________ APPROVED AS TO FORM: By: ______________________________ By: __________________________ Mayor, City Council City Attorney 551 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: CITY OF THOUSAND OAKS Date: ______________________________ APPROVED AS TO FORM: By: ________________________________ By: Mayor, City Council City Attorney 552 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: COUNTY OF VENTURA Date: ______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ Chair, Board of Supervisors County Counsel 553 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: VENTURA COUNTY WATERWORKS DISTRICT NO. 1 Date: _______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ Chair, Board of Directors County Counsel 554 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: VENTURA COUNTY WATERSHED PROTECTION DISTRICT Date: ______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ Chair, Board of Supervisors County Counsel 555 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: UNITED STATES DEPARTMENT OF NAVY Date: _______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ General Counsel 556 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page IN WITNESS WHEREOF, the PARTIES have caused this Memorandum of Agreement to be executed on their behalf as of the date specified below, respectively, as follows: VENTURA COUNTY AGRICULTURAL IRRIGATED LANDS GROUP, a subdivision of the Farm Bureau of Ventura County Date: _______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ Chief Executive Officer General Counsel 557 Second Amended and Restated MEMORANDUM OF AGREEMENT Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program Signature Page STATE OF CALIFORNIA Department of Transportation Director Malcolm Dougherty By: Date: Carrie L. Bowen District Director APPROVED AS TO FORM AND PROCEDURE: ______________________________ Attorney CERTIFIED AS TO FUNDS: ______________________________ District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: ______________________________ Accounting Administrator 558 Exhibit A The following are the TMDLs and related monitoring plans in effect as of July 1, 2017: In addition to these, the Oxnard Drain No. 3 has a United States Environmental Protection Agency issued TMDL (issued October 6, 2011) for Pesticides, PCBs and Sediment Toxicity (https://www.waterboards.ca.gov/rwqcb4/water_issues/programs/ tmdl/Established/Oxnard%20Drain%20No.%203%20Pesticides%20PCBs%20and%20 Sediment%20Toxicity%20TMDL/oxnard-drain-3-tmdl-10-2011.pdf). The Parties may develop and implement a Bacteria TMDL to address impairments identified in the 2016 Clean Water Act Section 303(d) list. TMDL Date of RWQCB Action RWQCB Resolution No. Monitoring Plan Approval Date Nitrogen October 24, 2002 2002-017 October15, 2007 Toxicity, Chlorpyrifos, and Diazinon July 7, 2005 2005-009 October 15, 2007 Organochlorine Pesticides, Polychorinated Biphenyls, and Siltation July 7, 2005 2005-010 October 15, 2007 Copper, Mercury, Nickel, and Selenium (“Metals”) June 8, 2006, 2006-012 January 30, 2009 Trash in the Revolon Slough/Beardsley Wash Subwatershed June 7, 2007 2007-007 March 6, 2008 Boron, Chloride, TDS, and Sulfate (“Salts”) October 4, 2007 2007-016 Sept. 9, 2011 559 Exhibit B Notice to All Parties of An Election by ____________________________________ ___________________________________ to Join the Memorandum of Agreement Date of Notice: ______________ Pursuant to Section IV-5 of the agreement titled “Second Amended and Restated Memorandum of Agreement Management, Funding and Cost Sharing for the Implementation of the Calleguas Creek Watershed Total Maximum Daily Load Program”, entered into effect on ________________ (Agreement), which is incorporated herein by this reference, the _____________________________________________ elects to join the Agreement. In joining the Agreement, __________________ agrees to all provisions of the Agreement, including all of the benefits and burdens bestowed upon __________________ due to the provisions of the Agreement, and __________________ asserts that it shall comply with all provisions in the Agreement. Thus, __________________ shall become a party to the Agreement such that the term “Party” used therein shall apply to __________________ and the term “Parties” used therein shall include __________________. The date whereby __________________ shall join the Agreement, which in any case shall be at least fifteen (15) calendar days after the date of notice listed above, is: __________________________. To effectuate this election, __________________ shall provide this Notice to all other parties to the Agreement in the manner required by Section _____ of the Agreement. Date: _______________________________ APPROVED AS TO FORM: By: _______________________________ By: __________________________ General Counsel 560