City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00802 5/14/2024 Consent Item 2.
Memorandum of Agreement Amendment for RiverArc Project
File ID: 2024-00802
Location: Citywide
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: 1) execute the amended Memorandum of Agreement (Amended MOA) for the Planning and Early Design of the RiverArc Project; and 2) establish revenue and expense budget for the Water Master Plan Program (I14510200) in the Water Reimbursable Fund (Fund 6205) for $1,000,000.
Contact: Michelle Carrey, Supervising Engineer, [email protected], (916) 808-1438; Brett Ewart, Supervising Engineer, [email protected], (916) 808-1725; Sherill Huun, Division Manager, [email protected], (916) 808-1455; Pravani Vandeyar, Director, [email protected], (916) 808-3765; Department of Utilities Presenter: None.
Attachments:
1-Description/Analysis
2-Memorandum of Agreement Amendment
3-Resolution
Description/Analysis
Issue Detail: The RiverArc Project (Project) provides a foundational, regional approach to water supply security for aquatic and terrestrial habitat, ecosystem improvement, and climate-change resiliency in the American River watershed. The Project seeks to strategically shift water supply diversions from the American River to the Sacramento River, using existing water supplies, to reduce reliance on the American River and increase instream flow opportunities in the Lower American River watershed.
Policy Considerations: Section 3.04.010 of the Sacramento City Code requires that agreements above the authorization amount of $250,000 that consist of the contribution or receipt of funding or services between the city and another public agency be approved by the City Council.
Economic Impacts: None.
File ID: 2024-00802 5/14/2024 Consent Item 2.
Environmental Considerations: This report concerns administrative activities and governmental fiscal activities that do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and (5) and, thus, are not a “project” subject to the provisions of CEQA (CEQA Guidelines Section 15060(c)(3)).
Sustainability: This project is consistent with the 2040 General Plan Policies: PFS-4.1 (Exercise and Protect Water Rights) which requires the City to exercise and protect its water rights and entitlements in perpetuity; PFS-4.2 (Water Supply Sustainability), which requires the City to maintain a surface water/groundwater conjunctive use program, which uses more surface water when it is available and more groundwater when surface water is limited; PFS-4.7 (Water Supply During Emergencies) which requires the City, to the extent feasible, to maintain adequate water supply during emergencies and; PFS-4.8 (New Development) which requires the City to ensure that water supply capacity is in place prior to granting building permits for new development.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: In partnering with other agencies, the City is pooling its staff and financial resources regionally to improve its water supply reliability, maintain its water entitlements, and improve efficiency by reducing costs. Additional rationale is provided in the background section.
Financial Considerations: Per the Amended MOA, the City will provide a $1,000,000 loan to PCWA to support financing on the Wildlife Conservation Board (WCB) project that will be reimbursed to the City from the Streamflow Enhancement Grant awarded to PCWA. In the event project costs exceed the grant award of $5,121,000 million and the cost share of $1,175,000 for a total project cost of $6,296,000, PCWA and the City of Sacramento will equally share in the additional costs. If costs are exceeded, DOU will request additional budget authority from the City Council.
Local Business Enterprise (LBE): Not applicable.
Background: The City of Sacramento, Department of Utilities is a signatory to a Memorandum of Agreement (MOA) for planning of the RiverArc Project, which authorizes a partnership of water purveyors to plan for shared use of the Natomas Central Mutual Water Company's diversion on the Sacramento River and to build pipelines and a water treatment plant for regional water supply. As of August 2023, there were four water purveyors in the partnership under this MOA, which include the City of Sacramento (City), Placer County Water Agency (PCWA), Sacramento County Water Agency (SCWA), and the California American Water Company (Cal-Am). The MOA was executed in March 2016.
The RiverArc Project Partners designated PCWA as the Administering Agency per the MOA. PCWA is authorized to apply for, receive, and disburse funds for use in RiverArc Project planning or for other
File ID: 2024-00802 5/14/2024 Consent Item 2.
activities authorized by the MOA. Additionally, the PCWA is authorized to enter into agreements with consultants and other agencies on behalf of the Partnership. PCWA is also responsible for administering changes to the MOA as partners enter or leave the Partnership.
The WCB had grant funds available for projects that provide enhancement or restoration of fish and wildlife habitat and for the development of public access facilities recreational uses - these funds aligned well with the RiverArc Project objectives. In March 2023, PCWA, on behalf of the RiverArc Partners, applied for a $5.1 million dollar grant through WCB’s Streamflow Enhancement Grant Program. The application was successful and in August 2023, the WCB awarded the full amount of the grant application request, and PCWA subsequently executed the funding agreement. The funding agreement authorized a Workplan that will complete California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) documentation and permitting, land acquisition planning, surface water and groundwater modeling, water rights, early design development, and program management for the RiverArc Project.
The local cost sharing match required by WCB is $1,175,000. The RiverArc Partners have set aside $600,000 of their combined Partnership Account funds and committed another $575,000 in Fiscal Year 2023/2024 to meet the $1,175,000 cost share requirement.
Consulting support to deliver and complete the planning activities includes a Design Professional Services Agreement with West Yost Associates, Inc. for program management and engineering services and a Professional Services Agreement with ICF Jones & Stokes, Inc. for environmental services.
WCB will pay reimbursement claims on a regular basis throughout the term of the grant award. The term of the grant is from August 2023 to May 2026. PCWA staff anticipates claim payments will be received every 3 months and anticipates a possible negative cash share exposure of up to $2,000,000 as claims are requested and paid. To maintain a positive cash flow to pay consulting contracts executing the Workplan; the RiverArc Partners need to support an additional “loan” to the Partnership Account to cover the expenses until reimbursement claims are received. These funds are in addition to the local cost sharing match. These funds will be fully returned through reimbursement via the WCB grant.
On September 15, 2023, Cal-Am requested to formally withdraw from the Partnership and RiverArc Project due to California Public Utilities Commission financial regulators requiring projects to be in service before they can be financed by ratepayers. While Cal-Am is still a supporter of the RiverArc Project and believes it is a “key component of a sustainable water future for the entire Sacramento region”, it is unfeasible for them to continue to participate.
Furthermore, SCWA has not been authorized to financially participate more than their annual $100,000 per year at this time. These developments require the City and PCWA to support the
File ID: 2024-00802 5/14/2024 Consent Item 2.
additional “loan” to the Partnership Account, with a 50-50 share of $1,000,000 each.
- 1 - 1374312.10 80-001
AMENDED AND RESTATED
MEMORANDUM OF AGREEMENT FOR
PLANNING AND EARLY DESIGN OF THE RIVERARC PROJECT
RECITALS
A. In 2016, the City of Roseville, the City of Sacramento, the Sacramento County Water Agency (SCWA), California American Water (CalAm), the Rio Linda/Elverta Community Water District and Placer County Water Agency (PCWA) entered into the “Memorandum of Agreement for Planning of the RiverArc Project”.
B. Between 2019 and 2023 Rio Linda/Elverta Community Water District, the City of Roseville, and CalAm withdrew from the Memorandum of Agreement for Planning of the RiverArc Project.
C. The remaining parties to the Memorandum of Agreement for Planning of the RiverArc Project - specifically, the City of Sacramento, SCWA and PCWA (Parties) now desire to amend and restate the Memorandum of Agreement for Planning of the RiverArc Project to describe the current agreement terms amongst the remaining parties.
D. The Parties and other stakeholders throughout the greater Sacramento area have prepared a Phase 1 planning study for the RiverArc Project (also known as the Sacramento River Regional Water Reliability Project) which was completed in September of 2015. The purpose of the Phase 1 planning study was to conceptually evaluate ways to enhance water supply diversity and reliability on a regional scale to benefit regional water suppliers, increase the sustainability of regional groundwater supplies, and provide additional environmental protection of the American River Watershed.
E. The primary purposes of the RiverArc Project (“Project”) are: (1) to divert water through existing, or potentially upgraded, intake(s) from the Sacramento River to offset water diverted from the American River, deliver that water through new raw water pipelines to a new regional water treatment plant, and distribute the treated surface water through new and existing pipelines to the Parties; (2) alleviate pressure on the lower American River ecosystem; and (3) to recharge the groundwater storage basin via “direct” or “in lieu” recharge in wet years, so that groundwater can be used in years when surface water supplies are insufficient to meet the needs of the Sacramento region and potentially other areas in northern California.
F. Through this amendment to the Memorandum of Agreement for Planning of the RiverArc Project, the Parties now intend: (1) to coordinate their efforts in Planning and Early Design (as defined below) of the Project; (2) to memorialize the Parties’ express understanding relating to such Planning and Early Design efforts; and (3) to allocate costs to be expended in administering - 2 - 1374312.10 80-001
the Project’s Planning and Early Design.
NOW THEREFORE, in consideration of the mutual obligations set forth herein, the Parties hereby agree as follows:
AGREEMENT
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Title. The title of the agreement between the Parties is hereby changed from "Memorandum of Agreement for Planning of the RiverArc Project" to "Amended and Restated Memorandum of Agreement for Planning and Early Design of the RiverArc Project" (“Agreement”), as is reflected by the title of this document. This Amended and Restated Memorandum of Agreement for Planning and Early Design of the RiverArc Project replaces the Memorandum of Agreement for Planning of the RiverArc Project in its entirety.
3. Definitions. When used in this Agreement, the following terms shall have the meanings set forth below:
a. “Administering Agency” means a Party, appointed by the other Parties from time to time in the manner set forth in this Agreement, that is authorized to administer the Project’s Planning and Early Design as set forth herein.
b. “Administrative Expenses” means those authorized expenses incurred by the Administering Agency under the terms of this Agreement, which expenses include, but are not limited to, expenses incurred in hiring outside consultants and in utilizing staff time and resources of the Administering Agency.
c. “Budget” means the budget contemplated by this Agreement which Budget shall be approved by the governing body of each Party prior to funding. The Budget shall include the allocation of Funds and the apportionment of Administrative Expenses to be shared among the Parties, not necessarily in equal shares.
d. “Fiscal Year” means an accounting period specified by the Administering Agency with the approval of all of the Parties.
e. “Funds” means funds received by the Administering Agency from the Parties, or from state, federal or other sources, including those from grant funding agreements, for use in the Planning and/or Early Design or for other activities expressly authorized under the terms of this Agreement.
f. "Party Representative" means the person (or alternates), designated from time to time by the governing body of each Party, who is authorized to - 3 - 1374312.10 80-001
take actions under this Agreement to the extent permitted, until such time as the governing body of such Party notifies the Administering Agency and the other Parties, as provided in Section 17 of this Agreement of a change in its Party Representative.
g. “Planning” means technical studies and investigations, preliminary facility planning, preparation of preliminary cost estimates and allocations, preparation and submission of grant funding applications and grant administration, conducting water supply modeling, preparing environmental analyses and evaluations, preparing a programmatic environmental impact report and preparation of permitting applications for the RiverArc Project.
h. “Early Design” means development of design criteria, drawings, and technical studies, including water rights, contract rights, and right-of-way analyses, to comply with California Environmental Quality Act (CEQA)/ National Environmental Protection Act (NEPA) and prepare for Project implementation (i.e. final design, construction procurement, and purchase of necessary easements and real property).
4. Purpose of this Agreement. The purpose of this Agreement is to memorialize the Parties’ coordinated efforts in Project Planning and Early Design and to allocate Funds and Administrative Expenses to be expended in administering the Project’s Planning and Early Design. Nothing in this Agreement grants the Administering Agency or the Parties any power or authority to alter any water right, contract right or any similar right of any Party or to direct the water-delivery practices of any Party without the prior written consent of the Party and receipt of all required approvals. This Agreement is intended to facilitate and provide for Planning and Early Design activities only. The Parties anticipate that any future development or implementation of the Project would be governed by future agreement(s), and approval of any such agreements will be subject to compliance with the CEQA and all other applicable environmental laws or regulations.
5. Actions of the Representatives of the Parties. Once this Agreement is approved by the governing body of each Party and Party Representatives have been designated, Party Representatives shall have authority to take action under this Agreement on behalf of the Party that he or she represents, consistent with the approved Budget. An affirmative vote by a majority of the Party Representatives shall be required for any action under this Agreement, except for the actions set forth in Sections 3.d, 7, 8, and 17 of this Agreement, which shall require approval of all of the Parties. Party Representatives may take action contemplated by this Agreement at a meeting, during a telephone conference call, through electronic correspondence or other means approved by the Party Representatives from time to time, in writing, provided each Party Representative was provided reasonable notice of the proposed action in accordance with Section 18, below, and a reasonable opportunity to participate in the consideration of the action item. Reasonable notice shall refer to a period of not less than thirty (30) days except in cases of an emergency.
6. Appointment and Actions of the Administering Agency. The Parties - 4 - 1374312.10 80-001
hereby initially appoint PCWA to be the Administering Agency under this Agreement.
The Parties may change the Administering Agency from time to time. None of the employees of the Administering Agency will be deemed to be employed by any of the Parties other than the Administering Agency. The Administering Agency will be responsible for confirming and communicating to all Parties, in writing, the actions approved by the Parties from time to time. In carrying out its duties under this Agreement, the Administering Agency shall comply with the legal and regulatory requirements applicable to the Administering Agency (e.g., procurement procedures).
The Administering Agency shall have the authority to take the following actions to the extent they are consistent with the approved Budget, the terms of this Agreement and any administrative procedures adopted by the Parties according to Section 7.d of this Agreement:
a. To undertake or arrange for approved Planning and Early Design activities in accordance with the provisions of this Agreement;
b. To apply for, receive, authorize, and disburse Funds for use in Project Planning and Early Design activities, or for other activities authorized by this Agreement, including those awarded through grant funding agreements;
c. To accumulate Funds for the purposes herein mentioned, and to invest Funds subject to applicable law, provided such Funds are not presently needed to pay costs related to the authorized uses of such Funds under this Agreement;
d. To adopt administrative rules and regulations, and operating rules and regulations for Planning and Early Design of the Project to the extent consistent with any administrative procedures adopted by the Parties pursuant to Section 7.d of this Agreement;
e. To make and enter into contracts reasonably necessary to carry out the purpose of this Agreement, consistent with the approved Budget;
f. To cooperate, act in conjunction and/or contract with the United States, the State of California, or any agency thereof, counties, municipalities, public entities (including joint powers authorities) and private corporations of any kind (including, without limitation, mutual water companies and investor-owned utilities), and persons, or any of them, as reasonably necessary for the purpose of this Agreement, consistent with the approved Budget;
g. To contract for legal and/or consulting services, and to employ such other persons or employees, as reasonably necessary for the purpose of this Agreement.
7. Actions Requiring Approval by All Parties. The following actions will not be effective unless approved by all of the Parties:
- 5 - 1374312.10 80-001
a. Amendment of Agreement. Except pursuant to withdrawal of a Party in accordance with Section 17, this Agreement may be amended only in writing upon approval by all of the Parties and their respective governing bodies.
b. Addition of Parties. New Parties must be approved in writing by all Parties and memorialized through an amendment to this Agreement.
c. Adoption of Budget. The adoption of the annual Budget requires written approval by all of the Parties.
d. Administrative Procedures. Upon approval by all of the Parties, the Parties may create and adopt administrative procedures for the administration of this Agreement and the Project Planning process. Once adopted, the administrative procedures may be amended from time to time, in writing, following approval of all of the Parties and their respective governing bodies if required. In the event of a conflict between this Agreement and the administrative procedures enacted under this Agreement, the provisions of this Agreement will govern.
e. Assignment. Except as otherwise provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the written consent of all other Parties. Subject to the foregoing, this Agreement will inure to the benefit of, and be binding on, the successors and assigns of the Parties hereto. PCWA, Sacramento, and SCWA are in the process of forming a Joint Powers Authority (JPA) for the purpose of jointly carrying out the responsibilities and requirements of this Agreement. Assignment of this Agreement to that JPA is contemplated by all Parties at the time of execution of this Agreement. After formation of the JPA, the Administrating Agency may request, in writing, that the Parties approve assignment of this Agreement to that JPA.
8. Annual Budgets. As soon as practical after the execution of this Agreement, and thereafter at least thirty days prior to the commencement of each Fiscal Year, the Parties will adopt a Budget and designate each Party's annual contribution for the ensuing Fiscal Year which shall then be funded by the Parties within thirty days following Budget adoption by all Parties. Thereafter, the Administering Agency will be authorized to make expenditures on behalf of the Parties consistent with the approved Budget and any administrative procedures adopted under this Agreement. Personnel, equipment and/or property of one or more of the Parties may be provided in lieu of other contributions required under this Agreement, to the extent expressly approved by the Parties. With the exception of the agreed-upon cost sharing or in lieu contributions approved by all Parties and with the exception of staff time and resources of the Administrative Agency as set forth in Section 3.b, any internal, in- house, or administrative costs or expenses incurred by any Party related to that Party's obligations under this Agreement shall be the sole responsibility of that Party. The total annual Budget and the Parties’ cost share for the future Fiscal Years will be determined on an annual basis and will reflect the work envisioned for that year. Historical fiscal - 6 - 1374312.10 80-001
contributions from current and previous Parties are memorialized in Exhibit A.
9. Funds. The Administering Agency shall be the depository and shall have custody of all Funds received pursuant to this Agreement, from whatever source, subject to the applicable provisions of any funding contract providing for a trustee or other fiscal agent. All such Funds shall be maintained in separate accounts and shall not be commingled with funds of the Administering Agency, or any other person or entity. The Administering Agency shall have authority to disburse Funds received under this Agreement consistent with the terms of this Agreement and the adopted Budget, and shall report all receipts and disbursements to the Parties. Pursuant to Government Code section 6509.5, the Administering Agency will invest any moneys held for disbursement on behalf of the Parties in the same manner and on the same conditions as local agencies pursuant to Government Code section 53601.
10. Funding Agreements. With the consent of the Parties, the Administering Agency may enter into funding agreement(s) with state, federal, or other entities on behalf of the Parties, including those agreements that provide funds on a reimbursement claim basis. However, the liability for entering into said agreements will be shared amongst all Parties and not be the sole responsibility of the Administrating Agency. As agreed to by all Parties, the Administering Agency has entered into the following funding agreements:
a. Wildlife Conservation Board (“WCB”) Streamflow
Enhancement Grant Program. As the Administrating Agency, PCWA, executed funding agreement number WC-2376AH for the Streamflow Enhancement Grant Program on August 30, 2023.
• The Parties at the time of execution contributed to a total of $1,175,000 in local cost share match to WC-2376AH, as
detailed in Exhibit A.
• The Parties acknowledge that the WCB will pay
reimbursement claims on a quarterly basis throughout the term of the grant award.
• In order to maintain a positive cash flow to complete the scope of work under WC-2376AH, Sacramento and PCWA
each contributed an additional “advance” of $1,000,000 to the depository of Funds (see Section 9) to cover
expenditures until reimbursement claims are received. These advanced funds are in addition to the local cost share match, it is anticipated that these funds will be fully returned to Sacramento and PCWA through reimbursement via the WCB
grant.
• If WCB does not provide all awarded funds or if the cost of the agreed-to scope of work under WC-2376AH exceeds the awarded funds, Sacramento and PCWA will equally share
the additional cost burden.
- 7 - 1374312.10 80-001
11. Audits. The Administering Agency will provide an accounting of all Funds, and will report to the Parties all receipts and disbursements made pursuant to the adopted Budget and this Agreement, in accordance with the provisions of Government Code section 6505. If approved by the majority of the Parties, the Administering Agency shall have an annual audit of the accounts and records managed by the Administering Agency pursuant to this Agreement performed by a certified public accountant, and shall submit a report thereof to each of the Parties. Any costs of the audit, including contracts with and/or employment of certified public accountants pursuant to this section, will be considered Administrative Expenses.
12. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker’s compensation and other benefits that apply to the activity of officers, agents or employees of any of the Parties when performing their respective functions will apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. It is further understood and agreed by the Parties that notwithstanding anything contained herein, the employees of each Party shall continue to be entirely and exclusively under the direction, supervision and control of the employing Party.
13. Allocation of Liabilities. The Parties expressly agree that the debts, liabilities and obligations of each Party shall remain the debts, liabilities and obligations of that Party and shall not be the debts, liabilities and obligations of the Administering Agency or any other Party.
14. Fidelity Bond. The Parties may require designated public officers of the Administering Agency who have charge of, handle, or have access to any Funds pursuant to this Agreement, to file an official bond in an amount to be fixed by the Parties. The premiums on any such fidelity bonds attributable to the coverage required herein will be Administrative Expenses.
15. Term. This Agreement will remain in full force and effect until terminated in writing by a majority vote of the Parties.
16. Disposition of Property Upon Termination. Upon termination of this Agreement, any surplus Funds, if any, on hand will be returned to the Parties in proportion to the contributions made by them except for any Funds obligated to pay for Project related expenses incurred prior to the date of termination.
17. Withdrawal of a Party. Any Party may withdraw from this Agreement effective upon thirty (30) day's written notice to all other Parties. The withdrawing Party and the Administering Agency, on behalf of the remaining Parties, shall execute an amendment to this Agreement memorializing the withdrawal. A withdrawing Party shall be responsible for its share of financial obligations incurred under this Agreement and the adopted Budget prior to the effective date of the withdrawal. If any surplus Funds remain at the end of the Fiscal Year in which the withdrawing Party withdrew and which - 8 - 1374312.10 80-001
are in excess of any budget commitment existing as of the effective date of the withdrawal, such funds will be returned to the withdrawing Party in proportion to the contribution made by the withdrawing Party.
18. Notices. The time for providing any notices specified in this Agreement may be extended within the term of this Agreement with the consent of all of the Parties, confirmed in writing, without requiring an amendment to this Agreement. All notices and other communications required under this Agreement shall be in writing, and shall be deemed to have been duly given: (a) upon the date of service, if served personally on the Party to whom notice is to be given; (b) upon the date of service, if sent by electronic mail, and the Party to whom notice is to be given confirms receipt; or (c) on the third day after mailing, if mailed to the Party to whom notice is to be given by first- class mail, postage prepaid, and properly addressed to the designated representatives of the Party. Each Party shall promptly notify every other Party of approvals or any other actions taken by their respective governing boards concerning or related to this Agreement or the Project.
19. Signatories’ Authority. The signatories to this Agreement represent that they have authority to execute this Agreement and to bind the Party on whose behalf they execute this Agreement.
20. Counterparts of this Agreement. This Agreement may be signed in any number of counterparts by the Parties, each of which will be deemed to be an original, and all of which together will be deemed to be one and the same instrument. This Agreement, if executed in counterparts, will be valid and binding on a Party as if fully executed all in one copy.
21. Reasonable Cooperation; No Agency. The Parties will reasonably cooperate with each other, including the execution of all necessary documents required to perform the obligations under this Agreement, and to carry out the purpose and intent of this Agreement; provided that each Party understands and agrees that there is no agency or joint venture relationship between the Parties, and no Party is authorized to act for or on behalf of any other Party except as expressly authorized under this Agreement.
22. Construction and Interpretation. This Agreement is entered into freely and voluntarily. This Agreement has been arrived at through negotiation, and each Party has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting party will not apply in construing or interpreting this Agreement.
23. Complete Agreement. This Agreement constitutes the sole, final, complete, exclusive and integrated expression and statement of the terms of this Agreement among the Parties concerning the subject matter, and supersedes all prior negotiations, representations or agreement, either oral or written, that may be related to the subject matter of this Agreement.
- 9 - 1374312.10 80-001
24. Waiver. The waiver at any time by a Party of its rights with respect to a default or other matter arising in connection with this Agreement will not be deemed a waiver with respect to any other default or matter.
25. California Law. This Agreement shall be interpreted and enforced according to the provisions of California Law, and the venue for any action to enforce the terms of this Agreement shall be either Placer or Sacramento County.
26. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, but only to the extent that the intent of the Parties can be effectuated without the provision or provisions held invalid, void, or unenforceable.
27. No Third Party Beneficiary. The parties understand and agree that this Agreement creates rights and obligations solely between the Parties and is not intended to benefit any other Party. No provision of this Agreement shall in any way inure to the benefit of any third person so as to constitute any such third-person as a third party beneficiary of this Agreement or any of its items of conditions, or otherwise give rise to any cause of action in any person not a party hereto.
The foregoing is hereby agreed to by the Parties.
IN WITNESS THEREOF, the Parties have executed this Agreement as of the dates written below.
[SIGNATURE PAGES TO FOLLOW]
- 10
-
1374312.10 80-001
EXHIBIT A – HISTORICAL FISCAL CONTRIBUTIONS SUMMARY
EXHIBIT A
HISTORICAL FISCAL CONTRIBUTIONS SUMMARY
RiverArc Project Party1
Fiscal Year
2016/17 to 2023/24
Contributions2,3
Additional WCB Grant
Cost Share Match Total4,5
Placer County Water Agency (PCWA) $ 712,500.00 $ 200,000.00 $ 912,500.00 City of Sacramento (Sacramento) $ 712,500.00 $ 200,000.00 $ 912,500.00 Sacramento County Water Agency (SCWA) $ 712,500.00 - $ 712,500.00 California American Water (CalAm) $ 654,199.10 $ 75,000.00 $ 729,199.10 City of Roseville $ 88,223.00 - $ 88,223.00
Rio Linda/Elverta Community Water District $ 86,012.00 - $ 86,012.00
TOTAL CONTRIBUTIONS $ 2,965,934.10 $ 475,000.00 $ 3,440,934.10
Notes:
1. Reflects all current and previous Parties per Memorandum of Agreement (MOA) Amendments 1, 2, and 3.
2. Amounts shown are reflective of any surplus funds that were returned to the withdrawing Party at the time of withdrawal.
3. Amounts shown are reflective of Parties’ (PCWA, Sacramento, SCWA, and CalAm) equal share of partnership contributions totalin g, $700,000, to the Wildlife Conservation Board’s (WCB) Streamflow Enhancement Grant Program local cost share requirement.
4. Amounts are not reflective of “Administrative Expenses” incurred by the Administering Agency under the terms of Section 3.b of the MOA, which includes but are not limited to, expenses incurred in utilizing staff time and resources of the Administering Agen cy.
5. Amounts are not reflective of any internal, in- house, or administrative costs or expenses incurred by any Party related to that Party's obligations under Section 7 and 8 of the MOA. Those costs or expenses are the sole responsibility of that Party.
@BCL@1417C773, Rev. 09/09/2020
RESOLUTION NO. 2024-
Adopted by the Sacramento City Council
May 14, 2024
Memorandum of Agreement Amendment RiverArc Project
BACKGROUND
A. The City of Sacramento is a partner in the RiverArc Project, a regional approach to water supply reliability and ecosystem benefits.
B. The amendment to the Memorandum of Agreement (Amended MOA) is necessary because the project was recently awarded a $5.1 million grant and one of the project partners decided to leave the partnership.
C. City Council approval is required to authorize execution of agreements in excess of $250,000 for the contribution of funding between the City and another public agency.
The Amended MOA contemplates that two of the project partners, the City of Sacramento and the Placer County Water Agency, will loan the RiverArc Project $1,000,000 each in order to fund project needs while the $5.1 million grant is being processed. The loan will be reimbursed by grant funds.
D. Staff recommends establishing revenue and expense budget for the Water Master Plan Program (I14510200) in the Water Reimbursable Fund (fund 6205) in the amount of $1,000,000.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to execute this Amended MOA, which includes a loan amount of $1,000,000 to the RiverArc Project.
Section 2. The City Manager or the City Manager’s designee is authorized to establish reimbursable revenue and expense budget of $1,000,000 in the Water Master Plan Program (I14510200, fund 6205).
Adopted by the City of Sacramento City Council on May 14, 2024, by the following vote:
Ayes:
@BCL@1417C773, Rev. 09/09/2020
Noes:
Abstain:
Absent:
Attest:
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.