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Home My WebLink AboutAgreement A-24-088 Special Project Agreement - SLDMWA.pdf Agreement No. 24-088 23-1368 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA) DEVELOPMENT OF A SINGLE GROUNDWATER SUSTAINABILITY PLAN FOR THE DELTA-MENDOTA SUBBASIN SPECIAL PROJECT AGREEMENT THIS SPECIAL PROJECT AGREEMENT (this "Special Project Agreement") is entered into this 20th day of February , 2024 (the "Effective Date"), by and among (i) San Luis & Delta-Mendota Water Authority (the "Authority"); and (ii) the "Special Project Participants" identified on Exhibit"A", which is attached hereto and incorporated herein by this reference. The Authority and the Special Project Participants may be collectively referred to herein as the "Parties" or individually as a"Party." RECITALS WHEREAS, in order to efficiently coordinate among the large number of groundwater sustainability agencies ("GSAs") in the Delta-Mendota Subbasin ("Subbasin"), the GSAs desire to develop and adopt one groundwater sustainability plan ("GSP") for the Subbasin to support sustainable management of the Subbasin in compliance with the Sustainable Groundwater Management Act("SGMA"); and WHEREAS, the purpose of this Special Project Agreement is to provide the contractual basis for its signatories to utilize the resources of the Authority to allow for coordinated access to administrative resources, technical resources, and other services, and to provide mechanisms for sharing the benefits and expenses of obtaining such resources for the purpose of developing a single GSP for the Subbasin to comply with SGMA; and WHEREAS, the Authority and several of the Special Project Participants—Del Puerto Water District("DPWD"),Patterson Irrigation District("PID"),West Stanislaus Irrigation District ("WSID"), Oak Flat Water District("OFWD"), City of Patterson, Merced County, and Stanislaus County, are also parties to that certain Northern Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated August 30, 2021, as amended ("Northern DM SGMA Activity Agreement"); and WHEREAS, the Authority and several of the Special Project Participants—San Luis Water District("SLWD"),Panoche Water District,Tranquillity Irrigation District("TID"),Fresno Slough Water District ("FSWD"), Eagle Field Water District ("EFWD"), Pacheco Water District ("Pacheco WD"), Mercy Springs Water District ("MSWD"), Santa Nella County Water District ("SNCWD"), Fresno County, Merced County, Widren Water District ("Widren WD"), and Oro Loma Water District ("OLWD"), are also parties to that certain Central Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated November 1, 2018, as amended(the "Central DM SGMA Activity Agreement"); and WHEREAS, like this Special Project Agreement, a purpose of the Northern DM SGMA 3357304v9/21603.0005 7 Activity Agreement and the Central DM SGMA Activity Agreement(the"Activity Agreements"), is to provide a contractual basis for its participants to realize coordinated access to the administrative and technical resources of the Authority, and to provide a mechanism for sharing the benefits and expenses of obtaining such resources; and WHEREAS, Section 16 of each of the Activity Agreements provides that participants may enter into a Special Project Agreement to achieve any of the purposes or activities authorized by the Activity Agreement and to share in the expenses and costs of such activity; and WHEREAS, pursuant to that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018, entered into by all of the GSAs in the Delta-Mendota Subbasin, Parties that are not Activity Participants, as defined in the Activity Agreements, may enter into a cost sharing agreement with the Authority for the performance of designated functions; and WHEREAS, the Special Project Participants each desire to enter into this Special Project Agreement with the Authority for the purposes of identifying a methodology for sharing single GSP development expenses, consistent with the Coordination Agreement and as appropriate, the Activity Agreements, and pursuant to the terms described herein. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, in the Coordination Agreement and Activity Agreements, and the above stated Recitals, which are deemed true and correct and incorporated herein, the Parties hereto agree as follows: 1. Title. The title of this special project is "Delta-Mendota Subbasin Single GSP Development Project" (the "Special Project"). 2. Funding Source. The Authority shall provide accounting and billing services to collect from the Special Project Participants in accordance with this Special Project Agreement, all applicable terms of the Coordination Agreement, and as appropriate, the Activity Agreements. 3. Funding Shares. Costs for single GSP development services provided by EKI Environment and Water,Inc. (EKI)will be divided by Special Project Participants based on shares approved by Coordination Committee members at the October 9, 2023 regular meeting of the Coordination Committee. The total approved funding amount for EKI's services to develop the single GSP is one million four hundred one thousand fifty-two and no/100 dollars($1,401,052.00). Additional support and coordination will be provided by Baker, Manock & Jensen, PC and Authority staff with such costs to be split proportionally by all Special Project Participants in compliance with this Special Project Agreement. 4. Description. EKI will coordinate gathering and compiling the necessary information and documents to address DWR's "Inadequate Determination of the Revised 2020 Groundwater Sustainability Plans Submitted for the San Joaquin Valley Basin — Delta-Mendota Subbasin"dated March 2, 2023, in the development of the Special Project. The Parties agree EKI shall serve as the lead for this Special Project, and other consultants employed by GSAs in the Subbasin shall assist by supplying EKI with requested information in as timely a manner as possible. Costs for the work of other GSA consultants shall be the sole responsibility of Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 2 of 9 3357304v9/21603.0005 8 employing/contracting GSA. 5. Participation. The Authority will assist the Special Project Participants by soliciting and accepting a proposal from EKI. The Authority has previously entered into a master services agreement with EKI. The Authority will provide all administrative services to the Special Project Participants in accordance with the Coordination Agreement and as appropriate, the Activity Agreements. The Parties shall cooperate with each other to achieve the purposes of this Special Project Agreement. 6. Special Project Expense Share. The Special Project Participants shall pay, in shares as memorialized in Exhibit `B" attached hereto and incorporated herein by this reference, and as unanimously approved by all Coordination Committee members at the October 9, 2023 regular meeting, all of the expenses and costs of activities performed pursuant to this Special Project Agreement. The Special Project Participants agree that all expenses and costs incurred by the Authority under this Special Project Agreement are the expenses and costs of the Special Project Participants only, and not of the Authority or of any other party not participating in this Special Project. 7. Participation Obligations. The Special Project Participants shall hold the Authority, and all Authority members and other third-parties that are not participating in this Special Project Agreement, free and harmless from liability and shall indemnify each of them against any and all costs, losses, damages, claims and liabilities arising from performance of this Special Project Agreement. 8. Term and Termination. This Special Project Agreement shall commence upon execution by the Authority and all of the Special Project Participants, and remain in effect for the duration of the single GSP development process and performance of Special Project services. This Special Project Agreement shall terminate at the conclusion of implementation of the Special Project services pursuant to the submittal of a single GSP for the Delta-Mendota Subbasin to the State Water Resources Control Board. 9. Information Access. The Special Project Participants shall have reasonable access to all compiled data,draft documents,reports,records and other such information that is developed and submitted to the Authority as a part of the single GSP development. 10. Interpretation of Documents. As to matters addressed by this Special Project Agreement, in the event of any conflict or inconsistency between the terms of the Special Project Agreement and Coordination Agreement, or the terms of the Special Project Agreement and the Activity Agreements, this Special Project Agreement shall govern. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them by the Coordination Agreement and/or Activity Agreements. NOW,THEREFORE,the duly authorized undersigned representatives have executed this Special Project Agreement as of the Effective Date. Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 3 of 9 3357304v9/21603.0005 9 IN WITNESS WHEREOF, the Parties have executed this Special Project Agreement as of the Effective Date. Dated: ALISO WATER DISTRICT Print Name: Print Title: Dated: CENTRAL DELTA-MENDOTA GSA Print Name: Print Title: Dated: CITY OF DOS PALOS GSA Print Name: Print Title: Dated: CITY OF FIREBAUGH GSA Print Name: Print Title: Dated: CITY OF GUSTINE GSA Print Name: Print Title: Dated: CITY OF LOS BANOS GSA Print Name: Print Title: Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 4 of 9 3357304v9/21603.0005 10 Dated: CITY OF MENDOTA GSA Print Name: Print Title: Dated: CITY OF NEWMAN GSA Print Name: Print Title: Dated: CITY OF PATTERSON GSA Print Name: Print Title: Dated: COUNTY OF MADERA-3 GSA Print Name: Print Title: Dated: COUNTY OF MERCED DELTA-MENDOTA GSA Print Name: Print Title: Dated: DM II GSA Print Name: Print Title: Dated: FARMERS WATER DISTRICT GSA Print Name: Print Title: Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 5 of 9 3357304v9/21603.0005 11 Dated: .2-.20-0-LO94 FRESNO COUNTY MANAGEMENT AREA A ATTEST: GSA BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of aiifornia Print Name: Nathan Magsig By Deputy Print Title: Chairman of the Board of Supervisors of the County of Fresno Dated:_ a-a� a?Do2 41 FRESNO COUNTY MANAGEMENT AREA B GSA ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,state of alifornia Print Name: Nathan Magsig Print Title: Chairman of the Board of Supervisors of the County of Fresno By. I ' Deputy Dated: GRASSLAND GSA Print Name: Print Title: Dated: NORTHWESTERN DELTA-MENDOTA GSA Print Name: Print Title: Print Name: Print Title: Dated: ORO LOMA WATER DISTRICT GSA Print Name: Print Title: Dated: PATTERSON IRRIGATION DISTRICT GSA Print Name: Print Title: Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 6 of 9 33573040/21603.0005 12 Dated: SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY GSA Print Name: Print Title: Dated: TURNER ISLAND WATER DISTRICT-2 GSA Print Name: Print Title: Dated: WEST STANISLAUS IRRIGATION DISTRICT GSA 1 Print Name: Print Title: Dated: WIDREN WATER DISTRICT GSA Print Name: Print Title: Dated: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY Print Name: Print Title: Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 7 of 9 3357304v9/21603.0005 13 EXHIBIT "A" Special Project Participants Special Project Participants 1 Aliso Water District GSA Aliso Water District GSA 2 Farmers Water District GSA Farmers Water District GSA 3 Fresno County Management Area A and B GSAs Group Fresno County Management Area A GSA Fresno County Management Area B GSA 4 Central Delta-Mendota GSAs Group Central Delta-Mendota GSA Oro Loma Water District GSA Widren Water District GSA 5 Northern Delta-Mendota GSAs Group City of Patterson GSA DM-II GSA Northwestern Delta-Mendota GSA Patterson Irrigation District GSA West Stanislaus Irrigation District GSA 6 Grassland GSAs Group Grassland GSA Merced County Delta-Mendota GSA San Joaquin River Exchange Contractors GSAs 7 Group San Joaquin River Exchange Contractors GSA Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 8 of 9 3357304v9/21603.0005 14 EXHIBIT `B" Cost-Sharing Allocation GSA Group Acres Allocated Scaled Acreage % Approach N San Joaquin River Exchange Contractors GSA 291,069 16.70% $233,976 38.17% Central Delta-Mendota GSAs Group 163,787 16.70% $233,976 21.48% Northern Delta-Mendota GSAs Group 152,140 16.70% $233,976 19.95% Grassland GSAs Group 104,137 15.20% $212,960 13.66% Aliso Water District GSA 26,636 12.70% $177,934 3.49% Fresno County Management Area A and B 22,519 11.00% $154,116 GSAs Group 2.95% Farmers Water District GSA 2,214 11.00% $154,116 0.29% Total 762,502 100.00% $1,401,052 Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page 9 of 9 3357304v9/21603.0005 15