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HomeMy WebLinkAbout07. MOU with Moraga Country Clubi. MEMORANDUM OF UNDERSTANDING BETWEEN EAST BAY MUNICIPAL UTILITY DISTRICT. CENTRAL CONTRA COSTA SANITARY DISTRICT, and THE MORAGA COUNTRY CLUB This Memorandum of Understanding (MOU) is made and entered into this day of , 2016 by and between East Bay Municipal Utility District, (EBMUD), Central Contra Costa Sanitary District (CCCSD), and the Moraga Country Club (MCC) for the purposes described herein. Recitals WHEREAS, EBMUD is the water purveyor to MCC and CCCSD is the wastewater collection and treatment purveyor to MCC; and WHEREAS, the parties hereto believe that it is sound public policy and good operational practice to develop recycled water resources through financially and environmentally sound projects; and WHEREAS, the parties recognize for their own purposes and by their independent means the benefits of energy and water conservation and the goals of developing sustainable resource use through the proper conservation and reuse of these resources; and WHEREAS, the parties desire to enter into a MOU to collaborate among themselves for purposes of exploring the feasibility of expanding the beneficial use of recycled water which may lead to the potential for the construction and operation of a recycled water satellite treatment plant at MCC thereby promoting the conservation of potable water resources, energy and potentially reducing greenhouse gas emissions; and WHEREAS, the parties do not intend to create a separate public agency through this MOU; and WHEREAS, the parties hereto may later explore the feasibility of establishing a more formal understanding or agreement among themselves as in a separate agreement, if deemed mutually agreeable and beneficial to the development of a recycled water satellite treatment plant at MCC; and WHEREAS, the parties hereto recognize the value of using common resources effectively; and WHEREAS, the parties hereto desire to be proactive on both regulatory issues, and conservation issues affecting water and energy resources; and WHEREAS, the parties hereto agree that "recycled water" refers to wastewater treated to meet Title 22 standards of the California Code of Regulations for production, storage, and use of disinfected tertiary recycled water; and WHEREAS, the parties hereto desire to inform the MCC community about the importance of water and energy conservation and the benefits of water reuse; and C:\Users\fwedingt\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\PMOABEWM\MOU MCC Jan 2016 final.docx WHEREAS, the parties hereto find that promoting the stewardship of water resource management in general and the appropriate development and use of recycled water at MCC in particular, for the common benefit of all parties and their constituencies within the region; and WHEREAS, the parties intend that participation in this MOU be entirely voluntary, and that any party may elect to withdraw from the MOU at any time if the project is determined to be infeasible by any of the parties and for any reason. WHEREAS, the parties acknowledge that the Diablo Country Club is investigating development of a project similar to the one envisioned within this MOU, and that the lessons learned therein may inform the MCC project since the MCC project would likely follow the Diablo Country Club project. NOW, THEREFORE, the parties hereby enter into this Memorandum of Understanding, as follows: Representative of the Moraga Country Club: irt4.-&—c- . Signature N No4 Z . S . Title Date Representative of the East Bay Municipal Utility District: Signature Title Date Representative of the Central Contra Costa Sanitary District: Signature Title Date C:\Users\fwedingt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PMOABEWM\MOU MCC Jan 2016 final.docx Memorandum of Understanding Definitions. As used in this MOU, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. a) "MOU" shall mean this Memorandum of Understanding. b) "Coordinating Parties" shall mean the staff from each of the parties and their designated representatives authorized by each party to collaborate on behalf of this MOU. Consultants representing the members may also be part of the Coordination Committee. 1. Purpose. This MOU is being entered into in order to establish coordination between EBMUD, CCCSD, and MCC to carry out the mission, goals, and objectives stated herein related to investigation of the potential for expansion of beneficial uses of recycled water at MCC. While this MOU will serve to better facilitate and clarify the intent of the coordination of these efforts, there is no intent to form any independent or additional authorities. The parties intend that participation in this MOU be entirely voluntary, and any party may elect to withdraw from the MOU at any time and for any reason. 2. Participant Responsibilities. a) Each participant to this MOU may provide data applicable to the feasibility investigations and discussions on matters related to this MOU including the investigations of the potential for a new recycled water satellite treatment facility that may be located at MCC. Data may include mapping, facility infrastructure data, pressure data, flow data, operational data, water quality data and other information pertinent to the intent of this MOU. b) CCCSD would provide information and coordination on localized wastewater and access to a sewer connection point. c) EBMUD would provide information on potable water service at MCC for uses other than golf course irrigation and on issues relating to its purveyorship of water, including recycled water. 3. Preliminary Status of Investigations. a) The participants in this MOU agree that investigation of the potential development of a new recycled water satellite treatment facility at MCC is in preliminary stages and that no concrete project proposal has yet been developed. b) If and when a concrete project proposal is developed, EBMUD and CCCSD retain absolute discretion to modify the proposed project as may be necessary to comply with the California Environmental Quality Act (CEQA), pursue other feasibility alternatives to avoid significant environmental impacts prior to taking any approval action, and/or determine not to proceed with the proposed project. EBMUD and CCCSD will exercise this discretion consistent with their respective roles in the CEQA environmental review process. 4. Coordination on Feasibility Investigations. a) MCC and its Consultant will lead its efforts in the review and investigations of feasibility and concept development of a potential satellite water reclamation facility. EBMUD and CCCSD will provide collaborative participation with MCC and, as appropriate, may conduct their own independent feasibility investigations and will specify to MCC applicable regulatory guidelines for recycled water production, distribution, and use. C:\Users\fwedingt\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PMOABEWM\MOU MCC Jan 2016 final.docx