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10-1025_CALIF DEPT OF TRANSPORTATION_Cooperative Agr (2)12—ORA-5 PM 8.58-9.35 San Juan Creek Bridge Mitigation — San Juan Creek Watershed EA No. 12-OE5701 District Agreement No. 12-0634 COOPERATIVE AGREEMENT IDIS AGREEMENT, ENTERED INTO EFFI✓CTIVE ON 2010, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter referred to as "STATE", and the CITE' OF SAN .JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. STATE and CITY, hereinafter referred to as "PART[ES", pursuant to Streets and Highways Code sections 114 and/or 130, are authorized to enter into this Agreement. 2. STATE is implementing a bridge widening project on the San Juan Creek within the City of San Juan Capistrano, hereinafter referred to as "PROJECT 3. Pursuant to consultation with Regional Water Quality Control Board, San Diego Region, (RWQCB) for PROJECT, STATE received a Clean Water Act 401 Water Quality Certification, File No. 09C-034 dated December 7, 2009 and including any subsequent amendments, collectively, "401 Certification" and incorporated herein by this reference. 4, Pursuant to consultation with the California Department of Fish and Game (DFG) for PROJECT, STATE received a 1602_ Agreement Regarding Proposed Stream or Lake Alteration, Notification No. 1600-2009-0227-R5 dated December 8, 2009 and any subsequent amendments, collectively "1602 SAA" and incorporated herein by this reference. 5. STATE now desires to satisfy D. Compensatory Mitigation for Loss of Waters of the U.S./State condition la, of the 401 Certification and Compensatory Mitigation condition 5 of the 1602 SAA, collectively referred to herein as "PERMIT REQUIREMENTS." 6. CITY desires to assist STATE by satisfying PERMIT REQUIREMENTS. 7. PARTIES has determined that the estimated cost of satisfying PERMIT REQUIREMENTS is $150,000 and will be paid for from the phase 4 allocation of the PROJECT as described in Exhibit A, attached hereto and made a part of this Agreement. 8. PARTIES now define herein below the ten -ns and conditions under which this Agreement will be implemented. SECTION .1 CITY AGREES: To submit an invoice to STATE, within thirty (30) calendar Clays of execu.tioll of this Agreement, in the amount of $150,000, which. amount represents the total cost for all work to be performed pursuant to the terms of this Agreement. STATE may, at its sole discretion and pursuant to an amendnneSt to this A.91e(rMenL auth01-ize a greater aneou.nt. 2. To promptly notify STATE in waiting if CITY anticipates that the cost to perform the work described in this Agreement will exceedthe amount of $150,000. Further, if said costs to perform work. will exceed $150,000, CITY shall have aao obligation to perfonl-1 work and incur costs above $150,000 until STATE authorizes a greater amount of funds pursuant to a written amendment to this Agreement. I 3. To use all of STATE's funds, including any interest accrued thereon, to perform any and all necessary work to satisfy PERMIT REQUIREMENTS, including performing the work described in Exhibit B, Scope of Work, attached hereto and trade a part of this Agreement. 4. All work performed by CITY or performed on CITY's behalf. to satisfy PERMIT REQUIREMENTS, shall be performed in accordance with all applicable state and federal laws, regulations, policies, procedures, and standards, To obtain any and all environmental approvals and/or resource agency agreements, approvals, and/or permits required prior to implementation of any work described herein this Agreement and to fully comply with any terms and conditions thereof. 6. To obtain any and all necessary property rights and/or rights of entry rewired prior to the implementing any work described herein this Agreement and to fully comply with any terms and conditions thereof. Said rights of entry shall also include rights for STATE personnel to enter property. i. To submit a draft Mitigation Monitoring Plan (MMP) to STA'T'E within sixty (60) calendar days of execution of this Agreement for STATE's review and comment. The draft MMP shall address the; requirements set forth in Exhibit B. To address STATE's comments on the draft MMP and thereafter submit a final draft MIvIP to STATE within fourteen (14) calendar days of receipt of STATE's comments. on the draft MMP for STATE's review and approval, if appropriate. CITY shall provide; STATE a copy of the final approved MMP. 9. To summit one (1) draft planting report to STATE thirty (30) calendar days after planting the 1.264 acres of riparian habitat, for STATE's review and comment. Said report shall contain all of the information described in E hibit B. 1€ , To address STATE's comments can the draft planting report and thereafter submit a. final draft planting report to STATE within fourteen (14) work days of receipt of STATE's, comments for STATE's review and approval, if appropriate. 11.. To submit draft monitoring reports to STATE for three (3) years (with monitoring anticipated to begin in the year 2011 and end three years later, currently anticipated to be year 2014) by October 1st of each year. Said reports shall contain all of the information described in Exhibit T1, 12. To address STATE's coinincnts on the draft monitoring report and thereafter submit a final draft monitoring report to STATE by October ist for three (3) years (with monitoring anticipated to begin in the year 2011. and end three (3) years later, currently anticipated to be year 2014) for STATE's .review and approval, if appropriate. 13. If at any time during the three (3) year monitoring period (with monitoring anticipated to begin in the year 2011 and end three (3) years later currently anticipated to be year 2014) 3 it is determined by STATE that progress towards the success criteria, as described in Exhibit B and hereinafter referred to as "SUCCESS CRITERIA." is not being achieved. then CITY shall implement any necessary remedial or adaptive management measures such as replanting and/or weer] control, subject to Section I, Article 2 above. 14. To conform to the provisions of Labor code sections 1720 through 18.15, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt :from the Labor Code's prevailing wage requirements. 15. To require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 16. Within ninety (90) calendar days of submission of the third annual monitoring report or SUCCESS CRITERIA is achieved, whatever comes last, to furnish. STATE with a detailed statement of the total actual costs incurred by CITY. To thereafter refund to STATE, promptly after completion of CITY's final accounting of the costs incurred, any amount of STATE's deposits, required in Section. 11, Article 1, remaining after said costs to be borne by CITY have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations set forth in this Agreement. 17. To retain all books, documents,. papers, accounting records, and other evidence pertaining to cost incurred, including support data for cost proposals, and to make such materials available at the respective offices of STATE at all reasonable times. ST ATE, Federal Highway Administration (E11WA), or any duly authorized representative of the Federal Government shall have access to any books. records, and documents of CITY that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested. SECTION II STA'T'E AGREES: 1. To deposit with CITY within sixty (60) calendar days of receipt of CITY's billing thereof the amount of $150,000, which. amount represents the total cost for work to be performed pursuant to the terms of this A.greeanent. STATE may, at its sole; discretion and pursuant to an amendment to this Agreement, authorize a greater amount. Further, it is understood that if CITY informs STATE that additional funds are required, as set forth in Article 2, ;`lection 1, CITY will have no obligation to perform work and incur costs above $150,000, unless STATE, at its sole discretion and pursuant to an amendment to this Agreement, authorizes a greater aniount. M 2. To review and provide con-rnents to CITY within seven (7) work days from receipt of the draft MMT'. 3. Within seven (7) work days of receipt, to review and approve, if appropriate, the draft final NiMP submitted by CITY to STATE. 4. To review and provide comments to CITY within seven. (7) work days from receipt of the draft planting report. 5. Within seven (7) worm days of receipt, to review and approve, if appropriate, the draft final planting report submitted by CITY to STATE. G. To review and provide comments to CITY by November I" on the draft monitoring reports prepared by CITY, and submitted to STATE for three (3) years (with monitoring anticipated to begin in the year 2011 and end three (3) years later, currently anticipated to be year 2014). 7. Within severs (7) work. days of receipt, to review and approve, if appropriate, the draft final monitoring report submitted by CITY to STATE for three (3) years (with monitoring anticipated to begin in the year 2011 and end three (3) years later, currently anticipated to be year 2014). SECTION III IT IS MUTUALLY AG'REED: .All obligations of S'T'ATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature. State Budget Act authority and the allocation of funds by the California Transportation Cornmission. (CTC). 2. All applicable laves, rules and policies relating to the use of - Federal or State funds shall apply, notwithstanding other provisions of this Agreement. 3. Nothing within the previsions of this Agreement is intended to create rights in third parties not party to this Agreement or to affect the .legal liability of either party to the Agreement by imposing any standard of care different than the standard of care imposed by lave. 4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or ornitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that. CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits_ or actions of every name, kind and description brought forth under, 5 including, but not limited to, tortious, contractual. inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or oinitted to be done by CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything dune or omitted to be done by STATE under or in connection with any work, authority, or ju.ri.sdi.ction conferred. upon STATE under this Agreement. It is understood and agreed that, STATE will felly defend, indemnify, and save harmless CITY and all of its officers and employees from all clainrs. suits, o. - actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 6. In the event of any breach of this Agreement by either party, the other party may enforce this Agreement by any means available at law or in equity. In the event of litigation., mediation or arbitration to resolve any breach of, or dispute related to this Agreement, each party agrees to pay for their own attorneys' cost and expenses, without regard to who prevails 7. A failure by either party to enforce any provision of this Agreement shall not be construed as a continuing waiver, or as a waiver of the right to compel enforcement of that provision. 8. This Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement that shall be binding on all of the PARTIES not withstanding that all of the PARTIES are not a signatory to the original or the same counterpart. If any provision of this Agreement is held invalid, the other provisions shall. not be affected thereby. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by PARTIES hereto and no oral understanding or agreement not incorporated herein shall be binding on any ofthe PARTIES hereto. 1.0. The time of performance and/or duties or obligations of PARTIES hereunder shall be extended for the period during which performance was delayed or impeded by reason of riots, insurrections, war, fire, casualty, earthquake, acts of God, or other reasons of a like nature not the fault of the party performing such duty or obligation. Further, unless it is the fault of the party performing such duty or obligation, then neither party shall be required to restore any destroyed work unless additional funding is approved for such. restoration work unless the party performing such duty or obligation was at fault. STATE. OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CINDY MCKIM Director By: Fr - in Acting Deputy District Director Capital Projects Outlay Program APPROVED AS TO FORM AND PROCEDURE: /--I' � 01 By= . �I �_ Deputy Attorney Department of Transportation CERT.IFIFD AS -TO FUNDS: -N-66 Saber District Budget Manager CERTIFIED AS TO FINANCIAL TERMS NDITIONS: B: z ting Administrator 7 CITY OF SAN JUAN CAPISTRANO By: oe Tait CITY Manager 6 APPROVED AS TO FORM: A R� (")II Omar Sandoval, CITY Attorney, Date: 0 - I IMi l ONNO Estimated. Costs for labor, materials, planting, maintcn.atace, ntonitoting, and reporting, Details Pending rMolization of Fir«i Draft Restoration Plan for Tra Muco Cre,e.klC altra ns Rest.or tti€art Project EXHIBIT B Scope of Work for establishment of 1..264 acres of riparian habitat within the San ,Tuan Creek Watershed in Orange County The following Scope of Work addresses the responsibilities and requirements of CITY in providing for the planting, maintenance, and monitoring of .1.264 acres of riparian habitat mitigation plantings within the San Juan Creek watershed, in Grange County, CA. This Scope of Work a.ssumcs a contract total of $150,000,00 which includes labor and material cost. of plants, planting, maintenance, and monitoring for three (3) years. It is understood that all tasks will be performed in an appropriately timed and efficient manner. All CITY deliverables, including annual monitoring reports, shall be addressed to the following: Chris Flynn, Chief Branch C Environmental Analysis, California Department of Transportation 3347 Michelson Drive, Suite 1.00 Irvine, CA. 92612 "]Cask 1.0 Mitigation. and Monitoring Plan CITY shall prepare and submit to STATE a Mitigation and Monitoring Plan (MMP) within thirty (30) calendar days of the execution of the Agreement. This MMP will include, butis not limited to: identify the property where the work will be performed, type of species to be planted, a map delineating areas to be planted, stream bank stabilization measures to be employed as applicable, and erosion control rneasures to be employed as applicable. Task 2.0 Permitting CITY shall be responsible for environmental compliance and shall obtain any and al l necessary permits, agreements, and/or approvals for the planting of the 1.264 acres of riparian habitat. Task 3.0 Planting Following approval of the MMI', environmental compliance, issuance of any necessary permits, agreements, and/or approvals as well as removal of invasive/exotic species, CITY shall be responsible for planting 1.264 acres of riparian habitat within the San Tuan. Creek watershed in Orange County, CA. ,Said planting of the 1.264 acres of riparian habitat shall be completed in accordance with the approved MMP as specified in Task 1.0. Task 4.0 Maintenance CITY shall perform all Maintenance tasks. Maintenance activities are scheduled to take place inunediately after planting and continue for three (3) years. Maintenance is an important task in the restoration of native plant communities and includes, but is not limited to, activities such as invasive eradication, supplemental irrigation, and planting of additional plant material. Site maintenance will be conducted for three (3) years and will begin immediately after re -vegetation is completed. 9 The. maintenance schedule will be flexible enough to maintain the planting areas free of invasive species and to ensure the required survival rate and growth of plants and seed material. During the maintenance period, non-native invasive plants will be removed as they are identified. Invasive control measures will include the following: (1) hand removal, (2) cutting or mowing, (3) and chemical herbicides where approved. Hand removal will be the primary method of invasive control. since it is very effective in eliminating only the desired plants. Chemical control. will. be used for the highly invasive species. Any herbicide treatment will be specified by a licensed fest Control Advisor and applied by a licensed fest Control Applicator in consultation with CITY. The use of mechanical, chemical., and hand removal methods will be used as needed and appropriate. Riparian vegetation will be watered as needed during the establishment period to ensure long-term survival. CITY shall be responsible for obtaining any and all rights that are necessary to perform the worm described herein. Water shall be taken in compliance with all state and federal laws, including any. permits that may regulate such actions. Replacement plants will. be installed as needed to meet the performance criteria as defined below. Task 5.0 Monitoring and Reporting Success Criteria CITY shall ensure that 1.264 acres of riparian habitat is established. The success criteria for planting are based on the goal of obtaining self-sustaining native and :regionally appropriate vegetation cover. The criteria established to evaluate the success of the planting plan goals are as follows: Greater than 75 percent relative coverage of native plants within three (3) years (proportional contribution of species cover to total vegetation cover). 2. At least three (3) native plant species established within the first three (3) years and/or natural recruitment of native species, each with at least 10% coverage. 3. At least 50 percent viability of the foliage and sterns above ground. 4. Decrease non-native invasive weeds to less than 10% cover within the first three (3) years. Progress towards meeting the success criteria will be monitored annually at the end of the growing season (approximately September). Annual qualitative monitoring will be performed in conjunction with a long-termn maintenance program. The entire site will be visually inspected and qualitative or subjective determinations will be made. Estitnates regarding presence or absence, population size -s, population distribution, and population condition will be made for each species planted. In addition, permanent photographic station locations will be established to document the progress of the mitigation plantings over the course of the .monitoring period. The locations will be chosen to Provide unobstructed views of the mitigation plantings and will be sufficie.mi.t in number to adequately document the status of the site. Photographs will be taken at these locations on an annual 10 basis. Monitoring will take place for three (3) years after planting and will measure the progress toward and achievement of the final success criteria. Failure to meet success criteria will require re-evaluation of the site conditions followed by remedial. or adaptive management .measures such as replanting and/or weed control. Replanting may occur during the spring or fall (rainy season). If any particular species demonstrate failure -to -thrive trends (less then. 50 percent viable foliage or sterns), substitution with other native species will be considered appropriate. Reporting One (1) planting report will be submitted to STATE within thirty (30) calendar days after the planting of 1.264 acres ofriparian habitat. This report will include, but is not limited to: a description of existing site conditions; a description of site preparation; a description of the planting materials used (i.e. cuttings, seedlings, seed, plugs, container size and source if not obtained from a commercial nursery); use of mulch. and/or fertili zcrs; description of plan preparation, if necessary (i.e. how cuttings were obtained, size, treatment with rooting hormone); necessity for irrigation and/or fencing; and a summary of any planting problems and how said problems were resolved). Monitoring results will be submitted to STATE annually. The report will include, at a minimum, name and title of personnel conducting monitoring, maintenance, and reporting; observation dates for monitoring activities; photo documentation; vegetation summaries; any corrective actions that were taken, and a summary and evaluation. of data for the current year compared to previous years (in the second through sixth years of monitoring). The reports will specify the progress toward or achievement of the success criteria. The first annual draft monitoring report will be due on. October 1st the year following the completion of plantings with subsequent draft reports due each October lst for the next consecutive two (2) years. If adaptive .management measures become necessary and changes are made to the planted species/planting densities, these changes will be noted in the annual monitoring report. If the final annual .mn:it.oring report (due October 15t in the :final year of monitoring currently anticipated to be the year 2014) indicates that 1.264 acres of riparian habitat will not be established, in whole or in part, the cause of the failure will be identified and rectified through whatever means are considered adequate to establish 1.264,acres of riparian habitat. including consultation with STATE. 11 32400 PASEO) A©ELANTO SAP! JUAN 92675 %' MEMBERS OF THE CITY COUNCIL CAPISTRANO, CA (949) 493-1171 iA(p R7IIflflffp SAM ALLEVATO (949) 493-1053 FRiX i9 � LSTREIiSN Fp I 1��� LAURA FREESE www..sanjuanCaPiStral70.Org 1776 THOMAS W. HRIBAR ® MARK NIELSEN DR. LONDRES Uso TO: County of Orange Attn: Marilyn Thoms 2301 N. Glassell Street Orange, CA 92865 DATE: August 19, 2410 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Cooperative Agreement for the South Orange County Watershed Management Area Enclosed: (5) Original signature pages to the Cooperative Agreement for the South Orange County Watershed Management Area After full execution, please forward (1) executed copy of the agreement to my attention for our records. If you have questions concerning the agreement, please contact Ziad Mazboudi, Senior Civil Engineer at (949) 234-4413. Cc: Ziad Mazboudi, Senior Civil Engineer San Juan Capistrano.- Presei-ving the Peat to nhance the Future Printed on 100% recycled paper This AGREEMENT is made and entered into this day of 2010, by and between the signatories, hereinafter referred to as PARTIES, either the County of Orange, cities, special districts, or other organizations operating in southern Orange County, California. all being WHEREAS, the municipalities and special districts in Orange County developed a countywide Water duality Strategic Plan that recommends the formation of three Watershed Management Areas to better coordinate and implement collective water resource management strategies. WHEREAS, a water resource management strategy as defined in the California Water Plan Update 2009 is a project, program, or policy that helps local agencies and governments manage their water, and related sources; and WHEREAS, South Orange County Watershed Management Area comprises six watersheds in the San Juan Hydrologic Region: Laguna Coastal Streams, Aliso Creek, ©aria Poiret Coastal Streams, San Juan Creek, San Clemente Coastal Streams, and San Mateo Creek, and is hereinafter referred to as the South Orange County Watershed Management Area (WMA). WHEREAS, the PARTIES are all currently organizations operating in the South Orange County WMA and desire to collaborate in protecting and managing water resources in the South Orange County WMA through coordinated implementation of an integrated approach and WHEREAS, the PARTIES collectively have made significant investments in planning for flood management; urban runoff management; watershed management; water use efficiency; water supply and reliability; recycled water; habitat preservation, conservation, and restoration; water quality protection and improvement; resource stewardship; and related water resource management strategies; and WHEREAS, the PARTIES collectively cover the planning area that contains significant need for major public infrastructure and conservation projects; and WHE=REAS, the PARTIES are willing to act in the best interest of the South Orange County WMA; and WHEREAS, the PARTIES are committed to conduct planning efforts in an open accessible process; and WHEREAS, the PARTIES have the institutional and fiscal capacity and systems to carry out planning and implementation efforts; and Page I of 29 South Orange County watershed Management Area Cooperative Agreement 5/28/2010 Each of the PARTIES shall appoint an elected or executive level official from its organization to serve as its member and alternate on the Executive Committee. Representatives will serve on the Executive Committee at the pleasure of their appointing PARTY. Each of the PARTIES shall designate a senior staff person as the point of contact to fulfill the intended purpose of this AGREEMENT. For NON VOTING PARTIES, the representative will be a director or officer of the organization. On matters on which the Executive Committee votes, each voting member shall have one vote. Actions of the Executive Committee shall be approved upon the affirmative vote of a majority of the representatives present. A simple majority of the Executive Committee shall constitute a quorum. The Executive Committee will have the fallowing duties and powers, a. Identify and prioritize water resource issues, problems and improvement projects. b. Establish policy direction for the South Orange County WMA and its committees, c. Approve an annual work plan for the South Orange County WMA. d. Approve an annual cost -shared budget for the administration and activities of the South Orange County WMA, its committees, projects, or actions, including any administrative support for the South Orange County WMA (Annual Budget). e. Approve significant amendments of the South Orange County Integrated Regional Water Management Plan (hereinafter"IRWMP") and its prioritized lists of projects and activities. f. Approve grant applications for funding South Orange County WMA projects or programs. g, Allocate any new non -grant revenue sources available for South Orange County WMA projects based on capital improvement plan priorities. h. Encourage and facilitate voluntary agreements between the PARTIES to fund and implement South Orange County WMA projects and programs, L Review and report to the PARTIES as to whether adequate and reasonable progress is being made on water quality and water resource issues in the South Orange County WMA. j. Elect a chair and vice -chair. k. Meet upon the request of the chair, but at least every six months unless the PARTIES agree to meet less frequently. Page 3 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 3. Adminis rative Suonort COUNTY will provide staff support for the South Orange County WMA and its committees and will perform services including planning activities, facilitating regional planning and coordination activities related to water resources, and general administration for the implementation of the South Orange County WMA`s plans and work programs, as directed by the Executive Committee. COUNTY or other PARTY designated by the Executive Committee (Designated Party) may receive and administer any funds received on behalf of the South Orange County WMA for the administration and implementation of its projects and programs, Designated Party may retain qualified consultants for use on South Orange County WMA matters as directed by the Executive Committee; subject to the Designated Party's normal rules and procedures for procuring such services and subject to the annual work plan and Annual Budget approved by the Executive Committee. Designated Party may undertake efforts directly on behalf of the South Orange County WMA as directed by the Executive Committee, if necessary. Designated Party will endeavor to apply funds received through grants o.r from other sources to defray the expenses in the Annual Budget where practicable. The remaining expenses in the Annual Budget will be shared by the appropriate PARTIES according to an equitable allocation approved by the South Orange County WMA. PARTIES will provide funds for implementation of the IRWMP and for the implementation of projects and activities in furtherance of the IRWMP through specific Implementation Agreements subject to approval by the COUNTY or other applicable PARTY and PROJECT PROPONENTS. Section 3: Authority and Responsibilities The PARTIES agree that the cooperative and integrated implementation of common water resource goals is in the best interests of the South Orange County WMA. The PARTIES agree to collaborate in good faith to seek funding and resources to implement the projects and activities in the South Orange County WMA and the associated work plans and programs. The South Orange County WMA may authorize COUNTY or other designed PARTY to apply for grants or seek other funds to support the implementation of the IRWMP. The South Orange County WMA through its Annual Budget will commit to continued IRWM planning on an appropriate annual basis to have an updated plan with a current list of projects and funding resources identified. This will ensure that the region is prepared for any funding opportunity that may arise. Page 5 of 29 South Orange County watershed Management Area Cooperative Agreement 5/28/2010 It is recognized that there are other entities within the South Orange County WMA that may have commitments to or responsibility for water quality and water resource management. The PARTIES hereto agree to'engage with other entities, as appropriate, on the water quality and water resource issues described above. Additional PARTIES may be added to the AGREEMENT with approval of the Executive Committee and upon execution of the AGREEMENT by the additional PARTY. If such entity contributes funding to the South Orange County WMA, such additional Party shall be a voting PARTY with all rights and obligations of a PARTY under this Agreement. If such entity does not contribute funding but intends to participate in merely an advisory capacity, that PARTY shall be NON VOTING PARTY to this Agreement. Entities may participate in PROJECT IMPLEMENTATION AGREEMENTS without being PARTIES to this AGREEMENT. Section 7; Amendment All Amendments other than the addition of Parties in accordance with Section 6 above shall be in writing with the approval of a majority of the PARTIES. Any such written modification shall be attached and incorporated hereto. Section $: Assignment Neither this AGREEMENT, nor any duties or obligations under this AGREEMENT, shall be assigned by any PARTY without the prior written consent of the Executive Committee. Should an assignment or transfer occur, whenever COUNTY, PARTY or other entity are named such reference shall be deemed to include the successor to the powers, duties and functions that are presently vested in COUNTY and the PARTY, and all agreements and covenants required hereby to be performed by or on behalf of COUNTY and PARTY shall bind and inure to the benefit of the respective successors there of whether so expressed or not. 4.; 11 This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. Any PARTY or NON VOTING PARTY may withdraw its participation in this AGREEMENT upon ninety (90) days prior written notice to all of the other PARTIES, such withdrawal to be'effective ninety (90) days after the notice is received or deemed received. If COUNTY withdrawals from this AGREEMENT the South Orange County WMA agrees to designate a different PARTY to assume the administrative Page 7 of 29 South orange County watershed Management Area Cooperative Agreement 5/28/2010 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the dates opposite their respective signatures: OC PUBLIC WORKS - By Date Name: Jess A. Carbajal Title: Director APPROVED AS TO FORM: COUNTY COUNSEL By Date Name: Geoffrey K. Hunt Title: Deputy Page 9 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF DANA POINT By Date Name: Douglas C. Chotkevys Title: City Manager ATTEST: APPROVED AS TO FORM; City Clerk City Attorney Page 11 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2019 CITY OF LAGUNA HILLS By Date Name: Bruce E. Channing, Title- City Manager ATTEST: Cjtv Clerk APPROVED AS TO FORM: City Attorney Page 13 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/201D CITY OF LAGUNA WOODS By — Name: Title: Leslie A. Keane City. Manager ATTEST: City Clerk Date APPROVED AS TO FORM: City Attorney Page 15 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF MISSION VIEJO By Date Name: Dennis Wilberg Title: City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 17 of .29 South Orange County Watershed Management Area Cooperative Agreement 5/28/201© CITY OF SAN CLEMENTE By_ Game: Title., George Scarborough City Manager ATTEST: City Clerk Date APPROVED AS T4 FORM: City Attorney Page 19 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN JUAN CAPISTRANO By Date 6A5 //a Na e: Joe it Titl City nager APPROVED AS TO FORM: ATTEST: City Clerk City Attorney of San Juan Capistrano Page 20 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN JUAN CAPISTRANO syDate Name Joe Ta t Title: it ager APPROVE® AS TO FORM ATTEST: ity Clerk 1 04 (j/� a, 1, I . UZ // City Attorney 6rSan Juan Capistrano Page 20 of 29 . South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN JUAN CAPISTRANO By Date ! /10 Nam : Joe T it Title• Cit nager APPROVED AS TO FORM: FTIVERWIM ( 1, i n �Z.Ljuw,14) i City Clerk ()� a// � ' City Attorney o€ San .Tuan C ,istrano Page 20 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN JUAN CAPISTRANO BY Date P o Name:t Title: 0'niiy M ager APPROVE=D AS TO FORM: ATTEST: City Clerk { City Attorn Y� f San Juan Cap strano Page 20 of 29 South ©range County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN UAN CAOISTRANO By Date / 40 Name Joe Tai Title: ity Ma ger APPROVED AS TO FORM: UYN-Tims �E )Gity Clerk 1 s Ci y Attorn of San Juan Capi tran0 Page 20 of 23 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 EL TORO WATER DISTRICT By Name: Title: Robert R. Hill General Manager APPROVED AS TO FORM: By — Name: Title: w 3 Date Page. 21 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 MOULTON NIGUEL WATER DISTRICT By — Name: Title: Bob Gurnerman General Manager APPROVED AS TO FORM: By_____ Name: Title: Date Date Page 23 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 SAN JUAN BASIN AUTHORITY By Date Name: Don Martinson Title: APPROVED AS TO FORM: By Name: Title: Date Page 25 of 29 South Grange County Watershed Management Area Cooperative Agreement 5128/2010 SOUTH COAST WATER DISTRICT By — Name: Title: Michael Dunbar General Manager APPROVED AS TO FORM: Byww....... Name: Title: Date Date Page 27 of 29 South grange County Watershed Management Area Cooperative Agreement 5/28/2010 TRABUCO CANYON WATER DISTRICT By Date Name: Don Chadd Title: General Manager APPROVED AS TO FORM: By _ Name: Title: Date Page 29 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 Christy JAI From: Ziad Mazboudi Sent: , Monday, August 16, 2010 5:27 PM To: Christy Jakl Cc: Marilyn Thoms Subject: County Integrated Watershed Management Pian Hi Christy Please send the signed agreement for the Integrated Watershed Management Plan to Marilyn Thoms County of Orange 2301 IV, Glassell St., Thanks Ziad Orange, CA 92865 Ziad Mazboudi, PE, LEED AP, CP VVQ, CPESC Senior Civil Engineer, Environmental Division. Manager City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 `fel: 949-234-4413 Fax: 949-493-1251 www, san ivancapistrano.org Stormwater Hotline., to report any stor water violation, or a problem With a catch basin or for information: 949.234-4575 Public Forks Department Mission Statement ---- "To enhance the quality of life and preserve the City's heritage and charm through timely response, effective design, environmental sensitivity, and infrastructure maintenance." REUSE, REDUCE:, RECYCLE Consider the environment. Please don't print this e-mail unless you really meed to. Oris Jakl From: Catherine Saleedo Sent: Wednesday, August 18, 2010 12:57 PM To: Christy ,laki Subject: F: Missing Agreements Hi Christy, Ziac€ has been advised by Joe to bring him the entire contract, neat just signature pages for the Watershed Mgt agmnt and Jae says he does not have the Caltrans one. Cathy From: Christy Jakl Seat: Wednesday, August 18, 2010 1.2:51 PM To: Catherine Salcedo Subject: Missing Agreements Hi Cathy, Our office has seat back a couple agreements for Joe's signature and they have not returned. Do you know if Joe still has these agreements? Cooperative Agreement with Caltrans — Participation in the Trabuco Creek Habitat Restoration Plan Cooperative Agreement with SOC Watershed Management — 2010-2011 Annual Cost Share Budget Thank you for your help. C firist-� Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 813/201© AGENDA REPORT D13 TO: Joe Tait, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Approval of a Cooperative Agreement and 2010-2011 Annual Cost Share Budget for the South Orange County Watershed Management Area RECOMMENDATION: By motion, Authorize the City Manager to enter into the Cooperative Agreement for the South Orange County Watershed Management Area and approve the 2010-2011 Annual Cost -Share Budget for the South Orange County Watershed Management Area. BACKGROUND AND RECOMMENDATION The purpose of the Cooperative Agreement (Agreement) is to establish a cooperative framework for planning and implementing water management strategies in the South Orange County Watershed Management Area (SOCWMA). The goal is to collectively plan for: • flood management, urban runoff management, watershed management and water quality protection and improvement • water use efficiency, water supply and reliability, recycled water expansion and related water resource management strategies • habitat preservation, conservation and restoration, resource stewardshipwater quality protection and improvement and resource stewardship. This goal will be met through the prioritization of needs and jointly advocating for policies and funding sources supporting these strategies. This Agreement establishes an Executive Committee, comprised of an elected or executive -level official from each participating organization with the following duties and powers: (1) identify and prioritize water resource issues, problems and improvement projects, (2) establish policy direction for the SOCWMA and its committees, (3) approve an annual work plan and cost -share budget for the SOCWMA, (4) approve significant amendments of the South Orange County Integrated Regional Water Management Plan and its prioritized lists of projects and activities, Agonda Report Page 2 August 3, 2010 (5) approve grant applications, (6) allocate any new non -grant revenue sources available for SOCWMA projects based on capital improvement plan priorities, (7) encourage and facilitate voluntary agreements to fund and implement individual SOCWMA projects and programs, and (8) report progress on solving water quality and water resource issues in the SOCWMA. The SOCWMA covers the watersheds in the San Juan Hydrologic Region: Laguna Coastal Streams, Aliso Creek, Dana Point Coastal Streams, San Juan Creek, San Clemente Coastal Streams, and San Mateo Creek. Initially, partners to this Agreement may include the County of Orange, the cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Clemente, and San Juan Capistrano, and special districts such as City of San Clemente Utilities Divisions, City of San Juan Capistrano Water Services Department, El Toro Water District, Irvine Ranch Water District, Laguna Beach County Water District, Moulton Niguel Water District, Municipal Water District of Orange County, San Juan Basin Authority, Santa Margarita Water District, South Coast Water District, South Orange County Wastewater Authority, and Trabuco Canyon Water District. The Annual Budget will include the costs for the administration and activities of the SOCWMA, its committees, projects, or actions, including any administrative support for the SOCWMA. The Annual Cost -Share Budget requires approval by 80 percent of the members of the Executive Committee. The responsibility for payment of the Annual Cost -Share Budget shall be distributed equally among the participating parties. The Agreement calls for each party to include their respective share of the Annual Cost - Share Budget in their agency's annual budget. San Juan Capistrano's share of the initial 2010-2011 Annual Cost -Share Budget is expected to be less than $5,000 and will be adjusted as other agencies become parties to the Agreement. COM MISS IONIBOARD REVIEW AND RECOMMENDATIONS: FINANCIAL CONSIDERATIONS: Funding for this proposed item has been included in the FY 2010-2011 budget. NOTIFICATION: Zoila Verdaguer-Finch — County of Orange (email notification will be sent) Agenda Report Paae 3 RECOMMENDATION: August 3, 2010 By motion, Authorize the City Manager to enter into the Cooperative Agreement for the South Orange County Watershed Management Area and approve the 2010-2011 Annual Cost -Share Budget -for the South Orange County Watershed Management Area. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Ziad Mazboudi, PE, LEED AP, CPSWQ, CPESC Public Works Director Senior Civil Engineer Attachments: 1 Draft Agreement 2.Exhibit [Draft Shared Costs Budget] This AGREEMENT is made and entered into this -day of 2010, by and between the signatories, hereinafter referred to as PARTIES, all being either the County of Orange, cities, special districts, or other organizations operating in southern Orange County, California, WHEREAS, the municipalities and special districts in Orange County developed oped a countywide Water Quality Strategic Plan that recommends the formation of three Watershed Management Areas to better coordinate and implement collective water resource management strategies, WHEREAS, a water resource management strategy as defined in the California Water Pian Update 2009 is a project; program, or policy that helps local agencies and governments manage their water, and related sources; and WHEREAS, South Orange County Watershed Management Area comprises six watersheds in the San Juan Hydrologic Region: Laguna Coastal Streams, Aliso Creek, Dana Point Coastal Streams, San Juan Creek, San Clemente Coastal Streams, and San Mateo Creek, and is hereinafter referred to as the South Orange County Watershed Management Area (WMA), WHEREAS, the PARTIES are all currently organizations operating in the South Orange County WMA and desire to collaborate in protecting and managing water resources in the South Orange County WMA through coordinated implementation of an integrated approach; and WHEREAS, the PARTIES collectively have made significant investments in planning for flood management; urban runoff management; watershed management; water use efficiency; water supply and reliability; recycled water; habitat preservation, conservation, and restoration; water quality protection and improvement; resource stewardship; and related water resource management strategies; and WHEREAS, the PARTIES collectively cover the planning area that contains significant need for major public infrastructure and conservation projects; and WHEREAS, the PARTIES are willing to act.1n the best interest of the South Orange County WMA; and WHEREAS, the PARTIES are committed to conduct planning efforts in an open accessible process; and WHEREAS, the PARTIES have the institutional and fiscal capacity and systems to carry out planning and implementation efforts; and Page I of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 ATTACHMENT1 WHEREAS, this agreement is not intended to create a financial obligation on the part of any of the PARTIES and that the financial obligations of the PARTIES will be established through the annual budget developed pursuant to this agreement which will be approved through each PARTIES' budget adoption process; and WHEREAS, the agreement contemplates that individual projects will be governed by separate project implementation agreements that provide funding or in-kind assistance as generally described herein; and WHEREAS, the PARTIES expect to benefit individually and/or collectively from their participation in this AGREEMENT; and WHEREAS, the PARTIES will have voting authority; and WHEREAS, the PARTIES recognize that there are entities within the South Orange County WMA that have responsibilities for water resource management, including but not limited to the San Diego Regional Water Quality Control Board, California Department of Fish and Game, California Department of Transportation, and Orange County Transportation Authority; and WHEREAS, these other interested entities may be added to this AGREEMENT with approval of the Executive Committee and WHEREAS, the PARTIES recognize that such entities may not be required to provide funding or in-kind assistance and will, therefore, not have voting authority and will be referred to as NON VOTING PARTIES. NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as follows, Section I- Purpose The purpose of this AGREEMENT is to establish the South Orange County WMA as a cooperative framework for planning and implementing. water management strategies in the South Orange County WMA. Cooperative efforts include but are not limited to, addressing water quality Impairments; establishing priorities for water resource needs, integrating water resource solutions across traditional disciplinary bounds; and jointly advocating for policies and funding that assist these goals. li 1111U16 ;T111 a A 1:11F The South Orange County WMA shall be governed through the authority of this AGREEMENT with the provisions indicated below, 1. Executive Committee The South Orange County WMA shall act through an Executive Committee and other committees established by the Executive Committee, Page 2 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 Each of the PARTIES shall appoint an elected or executive level official from its organization to serve as its member and alternate on the Executive Committee. Repre.sentati ves will serve on the Executive Committee at the pleasure of their appointing PARTY. Each of the PARTIES shall designate a senior staff person as the point of contact to Fulfill the intended purpose of this AGREEMENT. For NON VOTING PARTIES, the representative will be a director or officer of the organization. On matters on which the Executive Committee votes, each voting member shall have one vote. Actions of the Executive Committee shall be approved upon the affirmative vote of a majority of the representatives present. A simple majority of the Executive Committee shall constitute a quorum. The Executive Committee will have the following duties and powers, a. Identify and prioritize water resource issues, problems and improvement projects. b. Establish policy direction for the -South Orange County WMA and its committees, c� Approve an annual work plan for the South Orange County WMA. d, Approve an annual cost -shared budget for the administration and activities of the South Orange County WMA, its committees, projects, or actions, including any administrative support for the South Orange County WMA (Annual Budget), e. Approve significant amendments of the South Orange County Integrated Regional Water Management Plan (hereinafter "IRWMP") and its prioritized lists of projects and activities. f. Approve grant applications for funding South Orange County WMA projects or programs, g. Allocate any new non -grant revenue sources available for South Orange County WMA projects based on capital improvement plan priorities, h. Encourage and facilitate voluntary agreements between the PARTIES to fund and implement South Orange County WMA projects and programs. i. Review and report to the PARTIES as to whether adequate and reasonable progress is being made on water quality and water resource issues in the South Orange County WMA, j. Elect a chair and vice -chair. k. Meet upo n the request of the chair, but at least every six months unless the PARTIES agree to meet less frequently. Page 3 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 I, Convene committees and workshops as deemed appropriate. m. Establish procedures and rules of conduct for the group, as needed. PARTIES acknowledge that the Executive Committee cannot bind the PARTIES, respective organizations, All recommendations of the Executive Committee requiring funding or action on behalf of any PARTY are subject to approval by the PARTIES' governing bodies and subject to the budget process governing those bodies. 3�ffalvllm_ The Executive Committee shall approve an annual cost -shared budget for the administration and activities of the South Orange County WMA, its committees, projects, or actions, including any administrative support for the South Orange County WMA. The Annual Cost -Shared Budget requires. approval by 80 percent of the members of the: Executive Committee. The responsibility for payment of the Annual Cost Share Budget shall be distributed equally among the PARTIES, Each PARTY shall include their respective share of the Annual Cost -Shared Budget in their agency's annual budget. The COUNTY shall invoice each city for its annual deposit at the beginningof each fiscal year. Each PARTY shall pay the deposit within 45 days of the date of the invoice. Each PARTY's deposit sha.11 be based on their prorated share of the approved Annual Budget, reduced for any surplus identified in the prior fiscal year end accounting. Interest earned on the PARTIES' deposits will not be paid to the PARTIES, but will be credited against the PARTIES' share of the program costs. The COUNTY shall prepare a fiscal year end accounting within 60 days of the end of the fiscal year. If the fiscal year end accounting results in costs (.net of interest earnings) exceeding the sum of the depos . its, the. COUNTY shall invoice each PARTY for its prorated share of the excess cost, Each PARTY shall pay the billing within 45 days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the. billings for the following year. Upon termination of the program a final accounting shall be performed by the COUNTY. If costs. (net of interest earnings) exceed. the sum of the deposits, the COUNTY shall invoice each PARTY for its prorated share of the excess. Each PARTY shall pay the invoice within 45 days of the date of the invoice. If the sum of the deposits exceeds the. costs., the COUNTY shall reimburse to each PARTY its prorated share of the excess, within 45 days of the final accounting, Interest earnings are used to offset the PARTIES' share of program costs and will not be refunded to the PARTIES. Page 4 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 COUNTY will provide staff support for the South Orange County WMA and its committees and will perform services including planning activities, facilitat.Mg regional planning and coordination activities related to water resources, and general administration for the implementation of the South Orange County WMA's plans and work programs, as directed by the Executive Committee. COUNTY or other PARTY designated by the Executive Committee (Designated Party) may receive and administer any funds received on behalf of the South Orange County WMA for the administration and implementation of its projects and programs, Designated Party may retain qualified consultants for use on South Orange County WMA matters as directed by the Executive Committee, subject to the Designated Party's normal rules and procedures for procuring such services and subject to the annual work plan and Annual Budget approved by the Executive Committee. Designated Party may undertake efforts directly on behalf of the South Orange County WMA as directed by the Executive Committee, if necessary. Designated Party will endeavor to apply funds received through grants or from other sources to defray the: expenses in the Annual Budget where practicable. The remaining expenses: in the Annual Budget will be shared by the approphate PARTIES according to an equitable allocation approved by the South Orange County WMA. PARTIES will provide funds for implementation of the IRWMP and for the implementation of projects and activities in furtherance of the IRWMP through specific Implementation Agreements subject to approval by the COUNTY or other applicable PARTY and PROJECT PROPONENTS, The PARTIES agree that the cooperative and, integrated i . mplernentation.of common water resource goals is in the best. interests of the South Orange County WMA. The PARTIES agree to collaborate in good faith to seek funding and resources to implement the projects and activities in the South Orange County WMA and the associated work plans and programs, The South Orange County WMA may authorize COUNTY or other designed PARTY to apply for grants or seek other funds to support the implementation of the IRWMP. The South Orange County WMA through its Annual Budget will commit to . continued IRWM planning on an appropriate annual basis to have an updated plan With a current list of projects and funding resources identified, This will ensure that the region is prepared for any funding opportunity that may arise. Page 5 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 Implementation of any cost -shared programs shall be accomplished through PROJECT IMPLEMENTATION AGREEMENTS, These PROJECT IMPLEMENTATION AGREEMENTS shall designate a Managing Party responsible for managing the program that is the subject of that PROJECT IMPLEMENTATION AGREEMENT. NT. The PARTIES to this AGREEMENT may be participants in these PROJECT IMPLEMENTATION AGREEMENTS. Section m Terms and Provisions All informations about individual projects or activities undertaken pursuant to this AGREEMENT is the responsibility of the project proponent PARTY or PARTIES. The PARTIES shalf not disclose private or confidential data about the projects or activities. The PARTIES agree that COUNTY will administer this AGREEMENT and the overall program of implementation, that COUNTY review of individual projects is discretionary, and PARTIES shall not assurme:that COUNTY will discover errors and/or omissions, While COUNTY may submit grant applications, factual report.s, monitoring data, and the like to granting. agencies on behalf of the South Orang=e County WMA, the PARTIES acknowledge their responsibility for the accuracy, completeness, and timely submittal of project information submitted. to COUNTY for this purpose. The PARTIES are assumed to be familiar with and shall observe and: corn.ply with all federal, state, and local laws,. ordinances, rules and regulations in. any manner affecting the implementation of this AGREEMENT or projects or activities hereunder, Page. 6 of 29 South Orange County Watershed Management Area Cooperative Agreement 512812-010 '61111111!1::';�i 111111:11 It is recognized that there are other entities within the South Grange County WMA that may have commitments to or responsibility for water quality and water resource management. The PARTIES hereto agree to engage with other entities., as appropriate, on the water quality and water resource issues described above, Additional PARTIES may be added to the AGREEMENT with approval of the Executive Committee and upon execution of the AGREEMENT by the additiconai PARTY. If such entity contributes funding to the South Orange County WMA, such additional Party shall be a voting PARTY with all rights and obligations of a PARTY under this Agreement, If such entity does not contribute funding but intends to participate in merely an advisory capacity, that PARTY shall be NON VOTING PARTY to this Agreement. Entities may participate in PROJECT IMPLEMENTATION AGREEMENTS without being PARTIES to this AGREEMENT, All Amendments other than the addition of Parties in accordance with Section 6 above shall be in writing with the approval of a majority of the PARTIES, Any such written modification shall be attached and incorporated hereto. SectionAssignment Neither this AGREEMENT, nor any duties or obligations under this AGREEMENT, shall be assigned by any PARTY without the prior written consent of the Executive Committee, Should an assignment or transfer occur, whenever COUNTY, PARTY or other entity are named such reference shall be deemed to include the successor to the powers, duties and functions that are presently vested in COUNTY and the PARTY, and all agreements and covenants required hereby to be performed by or on behalf of COUNTY and PARTY shall bind and inure. to the benef=it of the respective successors there of whether so expressed or not. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. Any PARTY or NON VOTING PARTY may withdraw its participation in this AGREEMENT upon ninety (90) days prior written notice to all of the other PARTIES, such withdrawal to be `effective ninety (90) days after the notice is received or deemed received. If COUNTY withdrawals from this AGREEMENT the South Orange County WMA agrees to designate a different PARTY to assume the administrative Rage 7 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 role under this AGREEMENT who will assume all responsibilities of COUNTY. The balance of the PARTIES shall continue in the performance of the terms and conditions of this AGREEMENT unless and until the AGREEMENT is terminated, Section 11.- Term and Termination The term of this AGREEMENT shall commence upon the date when all PARTIES have executed this document. This AGREEMENT is subject to termination by majority vote of the Executive Committee. Section 12P. No Third Party Beneficiaries Nothing in this AGREEMENT shall be construed to give any person, other than the COUNTY and PARTIES hereto, any legal or equitabfe right, remedy or claim under or in respect of this AGREEMENT or any provisions herein contained. This AGREEMENT and conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the COUNTY and PARTIES. It is mutually understood and agreed that, merely by the virtue of entering into this AGREEMENT, each PARTY neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other PARTIES. It is the intent of the PARTIES that the rights and liabilities of each PARTY shall remain the same, while this AGREEMENT is in force, as it was before this AGREEMENT was made, except as otherwise specifically provided in this AGREEMENT. Page 8 of 29 South Orange County Watershed Management. Area Cooperative Agreement 5/28/2010 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the dates opposite their respective signatures: OC PUBLIC WORKS - By Date Name: less A, Carbajal Title: Director APPROVED AS TO FORM: COUNTY COUNSEL By Date, Name-, Geoffrey K. Hunt Title, Deputy Page 9 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 Signature Blocks for Each Agency Follow: CITY OF ALISO VIEJO By Date mar e: Mark Pulone Title. City Manager ATTEST: APPROVED AS TO FORM: ity Clerk City Attorney Page 10 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/2 8/2010 CITY OF DANA POINT By Date Name: Douglas C. Chotkevys Title: City Manager ATTEST; APPROVED AS TO FORM: City Clerk City Attorney Page 11. of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAGUNA BEACH By ' ' Date 080le: Kenneth Frank Title: City Manager ATTEST, APPROVED AST{JFORM: City Clerk Ci ty Attorney ---------- of 29 South Orange County Watershed Management Area Cooperative Agreement CITY OF LAGUNA MILLS BY - - ... Date Mame: BruceE. Channing Title: City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 13 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAGUNA NIG EL. By Name: Tim Casey Title: City Manager ATTEST: Date APPROVED AS TO FORM: City Attorney Page 14 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAGUNA WOODS By _ Name: Title:. Leslie A. Keane City Manager ATTEST: City Clerk Date— . APPROVED AS TO FORM - City Attorney Page 15 of 29 South Orange County Watershed Management Area CooperatNe Agreement 5/28/2010 CITY OF LAKE: FOREST By - _..._ Da Name.Robert C. Dunek Tide: City Manager ATTEST; APPROVED AS TO FORD: City Clerk City Attorney Page 16 of 29 South Orange County Watershed Management. Area Cooperative Agreement 5/28/2010 CITY OF MISSION VIEJO By Date Name-, Dennis Wilberg Title: City manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 17 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF RANCHO SANTA MARGARITA By Name: Steve Hayman Title: City Manager ATTEST: City Clerk Date APPROVED AS TO FORM, City Attorney Page IS of 29 South Orange County Watershed Management Area Cooperative Agreement. 5/28/2010 CITY OF SAN CLEMENTE By Game, George Scarborough Title: City Manager ATTEST. City Clerk .— nate APPROVEDAS TO FORM: City Attorney Page 19 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/26/2010 CITY OF SAN JUAN CAPISTRANO By Date Name, Joe Tait Title, City Manager APPROVED AS TO FORM, ATTEST. City Clerk City Attorney of San Juan Capistrano Page 20 of 29 South Orange County Watershed Management Area Cooper t' Agreement 5/28/2010 a ive greeme EL TORO WATER DISTRICT By Date Name: Robert R. Hill Title: General manager APPROVED AS TO FORM, By Name: Title: Date Page 21 of 29 South Orange County Watershed: Management Area Cooperative Agreement S/28/2010 LAGUNA BEACH COUNTY WATER DISTRICT Name: Renae M. Hin.chey Title., General Manager APPROVED AS TO FORM. By — Name. Title: Date Page 22 of 29 South Orange County Watershed Management Area Cooperattve Agreement 5/28/2010 MOULTON NIGUEL WATER DISTRICT By Date Name: Bob Gumerman Title: General Manager APPROVEDAS TO FORM. Date Name: Title: Page 23 of 29 South Orange County Watershed. Management Area Cooperative Agreement 5/28/2010 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY By — Narne� T-itle: Kevin P. Hunt General Manager APPROVED AS TO FORM: By Name: Title,, Date--- Date— Page 24 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 SAN JUAN BASIN AUTHORITY By Date Name: Don Martinson Title: APPROVED AS: TO FORM: By __ Name, Title, Date Page 25 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 SANTA MARGARITA WATER. DISTRICT By Date Name: John Schatz Title: General Manager APPROVED AS TO FORM: By _ Name' Title: Date Page 26 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 SOUTH COAST WATER DISTRICT By Date Name. Michael Dunbar Title: General Manager APPROVED AS TO FORM; By — Name: T11[le: Cate_.___._ Page27 of 29 South Orange County Watershed Management Area CQoperative Agreement 5/28/201,0 SOUTH ORANGE COUNTY WASTEWATER AUTHORITY By Date Name: Tom Rosales Title: General Manager APPROVED AS TO FORM: By — Name Title: Date Page 28 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 TRABUCA CANYON WATER DISTRICT By - . . . . . Datem Name: Don Chadd Title* General Manager APPROVED 45 TO FORM: By _. Name: Ge: Page 29 of 29 South C mnge County Watershed Management KmaCoopera vl e Agreement Ra/2g Co . . . ATTACHMENT'2 0 u asE u v� rq 'E W Li n Ln V E' M 5 Lo 0 V) V) M ru E fz < Ln 13 E ru Ln 3: CL lm c, m 0i " c r- <D ro U t- 'd 8 E cn Ln t r- 40 c u > fu U, m 0 Ln 41 0 E c, fo u CL CD v CL 0 C) m CL n- Ln cn fa ro ATTACHMENT'2 w CL C ru 4A u m -�- x Lo U 0 :Ll CL CL D— U Lo r— I= LL E 0 'fA E 0 u Ja- Ij 01 L) M - v 8 ck M W n > 0 C'� " V5 — 0 x 0 c LU U —