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10-1214_ORANGE, COUNTY OF_Cooperative Agreementt� R r N a E r, J N .r Y PublicWorks Ove Cvmm rain y, our, c� sts �iftarsent. DATE: December 21, 2010 TO: South Orange County Watershed Management Area Partners FROM: Marilyn Thorns SUBJECT: Cooperative Agreement Jell A. Carbojal, Director 300 N. Ftoww Street Saila Ana, Cit RO. Box 404$ Santa Ana, Cdr 92702.4048 Telephone: (714) 834-2300 Fax (14) 834-5-168 The Orange County Board of Supervisors approved the Cooperative Agreement for the South Orange County Watershed Management Area at their December 14, 2010 meeting. Enclosed for your records is a fully executed copy with signature pages of all parties. The next step is for each of you to appoint a representative and alternate from your City Council or Board to serve on the Executive Committee. We anticipate 2 two-hour meetings per year, with the first meeting most likely in March or April. Duties of the Executive Committee are __included onwp e..8.ofthe-Cooperative Agreement. --- Names -of#he-'representatives; when decided, can be entailed to me at marilyn.thoms@7a ocpw.ocgov.com. As many of you are aware, South Orange County submitted a Proposition 84 planning grant application in September and has been recommended for award. Our grant request of $457,416 will be used to update our existing Plan to Proposition 84 standards, with the addition of a Climate Change Analysis, Salt and Nutrient Management Plan and Floodplain Management Plant. The majority of the funding match required will be met through the Groundwater Management and f=acility Plan underway by the local Water Districts, We are currently preparing a Proposition 84 implementation grant for $2,316,780 for the fallowing three projects which is due January 7, 2011: South Orange County Water Smart Landscape Project (MWDOC/$1.3M) Rockledge Ocean Protection Project (Laguna Beach/$450K) Shadow Rock Detention Basin Facility Recovery project (TCWDI$566,780). Our next stakeholder meeting will be scheduled for early 2011, and you will be notified via email of the date and location. In the meantime, please feel free to email or telephone me at 714 965-0610 with any questions and/or concerns. This AGREEMENT is made and entered Into this �~� day ofGF-"lit - 2010, by and between the signatories, hereinafter referred to as PARTIES, all being either the County of Orange, cities, special districts, or ether organizations operating in southern Orange County, California. WHEREAS, the municipalities and special districts in Orange County developed 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 Plan Update 2009 is a project, program, or policy that helps local agencies rs, ..g wernments_.rr nag their.._n ater,_an,d__related_ t�.rces;_and W.__ W .......... ..__._.......... .. 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 Grange 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 matte 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 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 'age I of 29 South Orange County Watershed Management Area Cooperative Agreernerrt 5/28/2010 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 on this AGREEMENT; and WHEREAS, the PARTIES will have voting authority; and WHEREAS, the PARTIES recognize that there are entities within the South Grange 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 Carne, California Department of Transportation, and Grange County Transportation Authority; and WHEREAS, these other interested entities may be added to this AGREEMENT with - - - ---- roval -oaf the- Executive -Co m rn ittee -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: The purpose of this AGREEMENT is to establish the South Grange 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. Section m Governance and Committees The South Orange County WMA shall be governed through the authority of this AGREEMENT with the provisions indicated below. 1. gggg itive Committees The South Orange County WMA shall act through an Executive Committee and Cather committees established by the Executive Committee. Page 2 of 29 South orange County Watershed Management Area Cooperative Agreement 5128/2010 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 f'ulf'ill 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 skull 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 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 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. Grange County Watershed Management Area Cooperative Agreement 5/28/2010 1. 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. 2. An.nua] Cost -Share 8 The Executive Committee shall approve an annual cost -snared 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 beginning of each fiscal year. Each PARTY shall pay the deposit within 45 days of the date of the invoice, Each PARTY's deposit shall 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 deposits, the COUNTY shall invoice each PARTY for its prorated share of the excess costo Each PARTY shall pay the billing within 45 days of the date of the Invoice. If the fiscal year end accounting results in the sura 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 time excess. Each PARTY shall pay the invoice within 45 days of the date of the invoice. If the sura of the deposits exceeds the costs, the COUNTY shall reimburse to each PARTY its prorated snare 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 25 South Orange County Watershed Management Area Cooperative Agreement 5/28/201.0 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 Warty 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 MMA as directed by the Executive Committee, if necessary. ..... _Designated Parley w_iil-_endeavor to_app[y funds_received through -grants car frgm ..... ...... ....... .............. ........ other sources to defray the expenses in the Annum 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, PANTIES 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 grange County WMA. The PANTIES 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, Those PROJECT IMPLEMENTATION AGREEMENTS shall designate a Managing Party responsible for managing the program that is the subject of that PROJECT IMPLEMENTATION AGREEMENT. The PARTIES to this AGREEMENT may be participants in these PROJECT IMPLEMENTATION AGREEMENTS. All information about individual projects or activities undertaken pursuant to this AGREEMENT is the responsibility of the project proponent PARTY or PARTIES. The PARTIES shall 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 skull not assume that COUNTY will discover errors an0/_gr_ornissIons. While COUNTY -may gr._a.nt._a.ppl.i_catio:n.s.,..:factual-reparts,........... .......... ...... monitoring data, and the like to granting agencies on behalf of the South Orange 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 comply 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 5/28/2010 L_r_r41rr1r111F]7F' 11111117F111 It is recognized that there are ether 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 PART! 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 ... w ............ritten..-modification--shall---be--attached and --incorporate -hereto-;--- .. . ....... ...... .........:....... .. . 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. 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 role under this AGREEMENT who will assume all responsibilities of COUNT(. 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, 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 12: No Third tarty Beneficiaries Nothing in this AGREEMENT shall be construed to give any person, other than the COUNTY and PARTIES hereto, any legal or equitable 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. Section 13: Liability .........................--------------.........-------------------- ... -----.._.......-----._............_.._._.._......_.........._.............................................................................._.........................._......_..._.......................................................................... 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 fierce, as It was before this AGREEMENT was made, excerpt as otherwise specifically provided in this AGREEMENT. Page 8 of 29 South Grange 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, COUNTY OF ORANGE, a political subdivision of the State of California Dated: Bv: Chairman afthe board of,. upervisors APPROVED AS `l MRM: County Counsel By: Dated. SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEME-NT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: DARLEXt '-K' Clerk of the Board of St rvisors of Orange County, California Date:— ' - A+ - 1 - Page 9 of 29 SOLIth Orange County Watershed Management Area Cooperative Agreement 5/29/10 Signature Blocks for Each Agency Follow: CITY OF ALISC, VIEJO By ©ate_ (Varve: Mark Pulone Title: City Manager ATTEST: City Clerk Page 10 of 29 V Cr ttorney South Orange County Watershed Management Area Cooperative Agreement 05/06/2010 CITY 0 INT By Bate Name: O u9i 7ag h€� kevys Title: Cit ATTEST: City iEtr!c APPROVED AS TO FORM: City Attorney Page 11 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAGUNA BEACH By _. !. - Date Name: Kenneth Franlz Title: City Manager ATTEST: y...;,0 ..4 0 City Clark City Page 12 of 29 South Orange Court/ Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LASGUk H BY (E. Canning Name: Bruo n Titie: City Manager ATTEST: 0 City pe.qgy J. ols., Date July 13, 2010 APPROVED AS TO FORM. City Attorney Gregory X. Simordan Page 13 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAGUNA NIGUEL 6�airleW Tim Casey Title: City Manager ATTEST: C Clerk APPROVED AS TO FORM: City At Page 14 of 29 South Orange County Watershed Management Area Cooperative Agreement 8/28/2010 CITY ONLAGUNA WOODS 13y -f5 Dat e Name: Leslie A, i<eane Title. City Manager ATTEST: s2 9 ox-Aox-ARS tolls Cit C§e CitNAtr-ne Page 15 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF LAKE FOREST By -z Date 4 Name: Robert C. Dunek Title: City Manager ATTEST: APPROVED AS TO FORM: —City Attorney '- Page 16 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY 0 MISSION U JQ By � Date I ID Name: Dennis Wiiberg Title: City Manager ATTEST: APPROVED AS TO FORM: Cit Crf._ _ City Attorney Page 1.7 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 ;CITTY CI" C SANTA MA ARiTA caate Steve Hayman e. City Manager ATTEST, APPROVED AS TO FORM: City Clea City Attorney Page 18 of 29 South Orange County Watershed Management Area Cooperative Agreement: 05/06/2010 CITY i?F.SAN a ?ms s Dahl le: Mayor ATTEST: Date t` 7 t C APPROVED A5 TO FORM: A Cit'.' torney I. RITA MUELLER. RECORDS COORDINATOR FOES THE CCCY CLERK DEPARTMENT OF THE CITY OF SAN CLEMENTE, STATE OF CALIFORNIA, HEREBY CERTWY UNDER PENALTY OF PERJURY THE FOREGOING WSTRUMENT TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL NOW ON FILE IN My DEPARTMENT - DAM°. AIT�� fiECE}PI l tiI OR i j Page 13 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 CITY OF SAN JUAN CAPISTRANO 6 By- Date Name;oe T 't -- Title: ity M ager APPROVED AS TO FORM - ATTEST: City Clerk AttorneN/V-San uan'Cap1strano Page 20 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 EL TORO WI��STRI T By ® Date Marne: Robert R. dill Title: General Manager APP�P�?'VEC3 A5 T FOR11 By Date. f Marne. Title: Page 21 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 MOULTON NIGUEL WATER. DISTRICT Date -zr By ....... . . . . . . . . Name. Bob Gurnerman Title., General Manager APPROV� AS TO FORM, By 4 ------ Date— Name: 1W'1rK,,0 1- �-/ Title: Page 23 of 29 South Orange County watershed Management Area Cooperative Agreement 5/28/2010 MUNICIPAL I�IATER IiTRCT ORANGE COUNTY By date-__ Name: Kevin P. Hunt Title: General Manager APPROVED AS TO FORM: By Name - Title: Page 24 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 SANTA MARGARITA WATER DISTRICT rF" By • L -A -t- Cute 9/27/10 Name: 'ohn . Seha Title: General Manager APPROVED AS TO FORM: By c Crate 9/27/10 Name. Title: Page 26 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2810 SOUTH COAST MATER DISTRICT B �; J %, Date, o 3 Name: Michael Dunbar �F a Tule: General Manager By Date I, Came. :' Title: Page 27 of 29 South Grange County Watershed Management Area Cooperative Agreement 05/05/2010 SOUTH ORANGE CNTY AASTE WAT -A THORITY By Date Name: Tom Rosales Title: General Manager 7 '1 APPROVED AS TO FORM ByDate f. f, Name:'' w r=:sib e:. Title: ``.weR Page 28 of 29 South Orange County Watershed Management Area Cooperative Agreement 5/28/2010 TRABUCO'CANIZ W7A7BR DISTRICT (//Aw By Date ----.-t orh ' Name., D - d dh& 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 IRVINE RANCH WATER DISTRICT By D Name: Pul D. ]one I Title: General Manager -A� By 'Date Name: /��i'an Arneson Title: legal Counsel South Orange County Watershed Management Area Cooperative Agreement 5/28/2010