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Home My WebLink AboutMendocino County Inland Water and Power Commission 2006-05-26I : . � ��c. N�- c�s� �o� !�.�s��.1!.�I��.�i�i`� .��t'1�.6��4TS3 �i��'��i��'�.:j ��.'Y��}.'�..e.�.��1 A'Ai°t�" �''TJ:�T�,�4 �.�"�� 1�..�4��r�� "�l��s� ��:�.i±��. �� `�1�'� I.T..�3. r'�1�1.1�.k� ��1�.�5 k��'�', �C`','�''t�v�.�iil�'.�:�9 �.�'�Y�.)T�'�. 'b.'Yl�i1'T Ii�.L1.��l�e��:d��' .r3��'.g��` This Agreernent is enternc� on May 2.b, 20U6 ("Effecti�e Uate")in IJkiali, California, among the Mendecino County Intan�-? ��'ater and Power Commissior ("Co�lmission") and those of ils members w�io participate in funding the local sponsor's share of the cost of the Army Corp of Engineers Coyote Dam Feasibility Shidy("Study Participants"). Study Participants consist of t�vo groups (1) th�se Study Participants who sign this Agreement on the Effective Date ("Initial Study Participants"), and (2) those Study Participants who sign this Agreement after the Effective Date and who do not make an Initial Contribution toward the Local Sponsor's share of the project costs ("Subsequent Study Participants"). RECITALS This Agreement is made with reference to the following facts: 1. The Commission is a joint powers authority comprised of the Potter Valley Irrigation District, the Redwood Valley County Water District, the City c�f Ukiah, and tbe Mendocino Cotinty Russian River Flood Control and Water Conservation Improvement Distnct and such a�iditional agencies as may in the future sign the Jeint Powers Agreement ("JPA") creating the Cummission and thereby join the Commission. 2. The Commission has entered an Agreement between the Department of the Army and tile Inland Water and Power Commission for the Coyote Valley Dam Feasibility Study, dated October l 4, 2005 (the "Feasibility Study Agreement"). Under the Feasibility Study Agreement, the Army Corp of Engineers ("ACOE") agrees, pursuant to a Project Study Plan, attached as an exhibit to the agreement, to study the feasibility of various options to improve flood control and increase the stora�e capacitv and/or vield of Lake Mendocino. includin� (11 raisine the existine earth-fill dam, (2) dredging the reservoir and (3) changing the operating conditions of the damy �ihe "Feasibility Study"). A cop}�of the Feasibility Study Agreement is attached hereto as Exhibit A and incorporated herein by this reference. 3. The Commission is designated as the "Local Sponsor" in the Feasibility Study Agreement, which is obligated to contribute 50% of the cost of the Feasibility Study, 25% of which may consist of certain in-kind services as specified in the agreement. 4. The Feasibility Study Agreement makes clear that there is no guarantee that any of the alternatives examined will be determined to be feasible or become a federally sponsored project. 5. The members of the Commission who are the initial signatories to this Agreement, the Tnitial Study Participants, are willing to contribute funds to meet the 1 ocal Sponsor's funding obligation under the Feasibility Study Agreement, and assume the risk that the funds contributed -1- tov.�ar-d the stu�y ma��net resalt i�� tf;e ccn�tr��ctian c;:� a projLct th�t pz��du;�s �djit�o:�a' �va*�r t:��at is a��ailaole ±o tf7e Stuuy 1�'ar<ic;ipa;�ts, prov�der� that , su�ject to i?;° provisrons of th;s Agreer:,ent, aliy I�ere�ts th�t do re:;t�lt fror: t'ie study, irci�dA.�� adf�it�onal ��-ater sup�,ies, a.;e shared by t:,e l��itia] �tudy�'artici��at�ts in pro�ort•��on to each Initial ;�tu;:y Par-;ici�.ant's contributacn to��ar� tre T.ocal S��r7sor'3 shar� ��h� study and tt�at any Subsec;uent 5rady �articipants can beeome 5ubsc;quent Sh.idy P�:-ticipants �n�y as furth�°�provided in t�iis Agreement. AGREEI�'�ENT In consideration of the above-recited facts and the terms and conditions as further stated below, the parties agree as follows. �. CONTRIBUTION OF INITIAL STUDY PARTICIPANTS 1.0 Each Initial Study Participant agrees to contribute an equal share of matching funds required under the Project Study Agreement as of the Effective Date. That share equals 25% of the matching fi.nd payment of$100,000.00, or $25,000.00 per Initial Study Participant. 1.1 The payment specified in section 1.0 above must be received by the Commission by June 10, 2006. If the Commission has not received a payment from a Study Participant by this deadline, it.shall provide written notice to the Study Participant that its failure to make the payment within 10 days from the date the notice is given shall result in the Study Participant being subject to Section 3.2 of this Agreement. II. SUBSEOUENT STUDY PARTICIPANTS 2. � A (�ommissipn memher mav r�ni�ect tn}jPnnr;;? a CiihcPnnPnt Ctii�v Pa;-tirin�Pt l�v � �------ n---- � r � submitting a written request to the Commission. Upon receipt of the rec�uest, the Commission shall determine the amount that member would have paid toward the Feasibility Study, if it had been an Initial Study Participant. The Commission shall add to that the amount of interest those funds would have earned during that time period, if invested in the Loca] Agency Investment Fund maintained by the State of California under the author�ty of Sections 16429.1 et seq. of the California Government Code. The resulting sum constitutes the "buy-in" that the member will be required to pay before it will be permitted to become a Subsequent Study Participant 2.1 The Commission shall allocate among the lnitial Study Participants the funds received as a result of a buy-in in proportion to each participant's share of the matching fund payments prior to the addition of the Subsequent Study Participant. -2- -�.7 �\�� rllP.TT1�)�I Illa�� ?(�:.C)C?;° i3 �U�iS?CL?L'I7� �!IIiC�V��r11"tlti'(7c1Cit� �lir�;SS $�) GI'r�il� i1]ll�� i?l1Cl`�� i aT21�;1t7�3irit: 3i,��rOV� ti7E; �i�;�1t,0?] Oi C�'.t TT3f'ITI�?vI' 15 a ��1t�St'.LIl1Ellr �J'?:t1Gi�� articip_�nt. "T'I�e SubSer;��n.t �tuc�y �'artiE:ii�a:;i's Pr��;;�c: Ln�iilemer.± ar�d the co;r?rn�{lsurate aclj��a.stment uf the �xistinb Stud�� k�arti;;i.parlt's ?'ri>�ect Fi�tit!:.rrie,��; shnl? �l; det��rlined by t}ie �nitial Study ;'a:-ticipants coneurrent(y with appro<<ai ��f the �ubsequent �tudy Yartici�ant's pa��icipation. 2.3 A member shall become a �ubsequent Stu�'y Participant, subject to the rights and obligations in this Ag°eement, upon approval of the `�ubsequent Study Participant by the Initial Study Participants, payment of the buy-in, and approva] of this Agreement by the governing body of the member and execution of this Agreement by an authorized representative of the member. 2.4 Upon admission of a Subsequent Study Participant, the payment obligations of the Study Participants shall be adjusted so that each Study Participant pays an equal share of the Local Sponsor match required by the Feasibility Study Agreement. III. STUDY PARTICIP�NT PAYIVIENT OBLIGATIONS 3.0 As long as the Commission continues as the Local Sponsor and agrees to continue making matching fund payments under the Feasibility Study Ag;eement, each Study Participant shall pay its proportional share of the matching fund payment. Its payment must be received by the Commission not less than ten (10) days prior to the date the Local Sponsor's payment is due under the Feasibility Study Agreement. 3.1 The Study Participants may provide "in kind services" in lieu of cash as a means of ineeting cost share obligations if said in kind services are approved by the other Study Participants and the ACOE. The cash value of any in kind services rendered wil] be determined by the ACOE. 3.`Z in the event a Study Participant fails to make a payment as required under this Agreement, it shall forfeit its Project Entitlement. However, in the event a Study Participant elects to terminate this Agreement or defaults in the payment of its share of matching funds under the Feasibility Study Agreement, whether"study costs" or "excess study costs" as defined in the Feasibility Study Agreement, that Study Participant is not relieved of liability for any such obligations arising and forfeits the full amount of all contributions paid prior to its payment default or termination of its participation under this Agreement. 3.3 In the event of the failure of a Study Participant to pay, the resulting costs and benefits shall be shared equally among the remaining Study Participants. Those Participants may agree to a different allocation of such costs and benefits. IV. STUDY 1l�IANAGEMENT AND COORDINATIQI�i -3- �.0 `l'he �eacibiii;� ��ady t"�grc�;m�°n; rcn�a:res th� t1.C;;,i�; a;�� ?ce Lo^�.l S}�cn�cr tu an�aint a re�resentative T� �n Exect,t�ve Comrnittee. i he r�nem�ers of t�:c �xecutive Corrmi�tee are re7u�red to �,-:�o;nt i-epres�:ritataves to a Study '4'[ar�ager��ent :eana. AI' ':�cisions of tl�e Co��-ir-��ission in r•elation to tr,e Feasitsilit}� Study A�reement, includii�g appointmen�s to the Execut�� e Committee anc3 tl�e, Study Management Team shall �e mad� by;�.:xjarity��ote of the Project Entitlements, through their representatives on the Cornmission Board of Directors. V. ALLOCATION OF PROJECT BENEFITS 5.0 Definitions—The following terms shall have the following meaning when used in this Agreemerlt: "Yroject Costs" means the portion of the costs to construct a feasible project, including design, construction mar.agement and similar costs, in addition to the actual construction costs, and any other costs required to make Project Benefits available to Study Participants, including costs expended to apply and obtain approval for water rights. "Project Benefits" means additional water produced by a feasible project which is available to the Study Participants for benef cial use within the areas served by the Study Pariicipants pursuant to the terms of this Agreement. "Project Entitlement" means the percentage of Project Costs and Project Benefits to which a Study Participant is entitled under the terms of this Agreement, or upon completion of a project, of Project Benefits only. 5.1 If no feasible project is identified at the conclusion of the Feasibility Study, then, for the purposes of this Agreement, it will be assumed that there are no Project RFr�Pftc tn rlictrih�itP �Ir;nnb the Cti�;rl�i Partlri�ar�tc. 5.2 If the Feasibility Study identifies a feasible project witl� Project Benefits, then each Study Participant that has paid its full share of the Local Sponsor matching funds required under the Feasibility Study Agreement and that is in full compliance with its obligations under this Agreenient shall be entitled to its Yroject Entitlement. The details of how a Study Participant or its assignee will participate in the construction of any such project and receive Project Benefits shall be set forth in a "Construction Project Agreement," to be negotiated and executed among the Study Participants at the conclusion of the Coyote Dam Feasibility Study. No Study Participant shall receive any Project Benefit, until the Study Participants execute a Construction Project Agreement. VI. OTHER TERMS AND CONDITIONS -4- �. �s?i't:'L`d�Qdl�/�Sc�!"§��I:d'�15 - - —«'----__— l�115 t�lP;?"�C.'ITl°w]"7T� 3T1�,� 1:1'1:` -i��lt3; (�ll�?.l;S i�?l(j �?gllE.'�itC dl�:'e;T] lil lls Ii`13�j'170"t be �iSS1k:3E'.c� �j'a �TUC�}� L''3I�iCII�c'111t �i 1��1Ji.i: ��P �iC�Vc3iYC� Vv1iltCi] COI1Se;li Of i}le O�I]�I' 5�ac�y ParticipanY� anu t?�e TJ.�. Anny C;orps o,`. �ngi-�ee:s. �-I��ever-, at �l�e concl!isior of tr;N Fe.asit�rility S.tudy, if a construc�io�„ �±r�ject ;s deter,nined t�� be �casiblP, a Study Particit�ant may assi�r. r��i or any portion af its Project �,:,titlernert to anotl:er I�NF'C irien�ber. �-�owe��er, '�efore it rnay do so, it must firs� provide written notice to the other Study Participants, offering that portion of its Project Entitlement to the other Study Participants on the same terms and conditions. If no other Study Participant agrees in writing to accept such assignment on those same terms and conditions within ninety (90) days after such notice was given, then the Study Participant may assign that portion of its Project Entitlement; but only on those same terms and conditions. 2. Term This Agreement commences on the Effective Date and shall remain in effect until the earlier of the following: (i) a determination by the parties to withdraw from further participation in the Feasibility Study before its completion, (ii) the completion of the Feasibility Study and determination by the ACOE that a construction project is not feasible, or (iii) the effective date of a subsequent agreement among the parties, including a Project Construction Agreement. Noth�ng in this Agreement shall be construed in any way by any signatory or any other party hereto to effect or result in any current or future change, modification, reduction, diminishment, or apportionment of any existing water rights, water rights permits, water rights appi.ications or filings, or existing water supplies or allocations that are held by or ��hich have been applied for by an individual member of the IWPC prior to the date of this Agreement. 3. Counterparts Thic Aa�PmPnt P�a�hP PxP�iij��i in CPVPI'a� l�11��7(latP r�niintPrr�ar[c� Parr nf which shall be an original. MENDOCINO COUNTY �1LAND WATER AND POWER COMMISSION i' � � �By— '� , • C irwoman Date /��'(�-L ��P �� -5- .� . �� f✓ .f r , �7 J/ js :�tiL:;t' ��``X��,/��°(�C��.�"�=-r'"��ti?' / �i'CI":'.'i?i_y'� .��:'I7i�UC111(' _.i_lUT}�' Jnland Vv'ater and P�wer �:;;rn=�iissi�n ___ �-�,-. /,, Date� _..i �i��i L:::� Initial Study Participants: City of Ukiah Pot#er Valley Irrigation District B • �By: �k��Q� Its�_ Its: President Attest: Attest: _ ' T��iX��.._ _��=��rl C.�u. �--� � "c� �.��Z City Clerk 5ecretary to the Board City of Ukiah Potter Valley Irrigation District Date: �/3��v �o Date: �"� - :�c, _ � � t- Mendocino County Russian River Redwood Valley ount^y Wat is ict Flood Cuntrol and Water C'onservation / Imorovement District ✓ ;!�; - f � � �� By: `�C1c �`Ul<<�� _ $��_ � v, , I� _President Its: Chairman Attest: Attest: �' � � �� `�/ � ' ' � �G� / .%/�� Q_J _ � Secretary to the Boar ' � SPCreta� to the B ar � MCRRFC & WCID kedwood Valley ounty Water District Date: �� ; Date: ,5/�i C� � -6-