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ATTACHMENT2 EXHIBIT A MEMORANDUM OF AGREEMENT BAY AREA RECYCLED WATER COALITION (BARWC) FEDERAL LEGISLATIVE EFFORTS This agreement is made and executed this day of , 2008, by and between the City of Mountain View, a Charter City and Municipal Corporation; City of Palo Alto, a Charter City; City of Redwood City, a Charter City; and the City of San Jose, a Municipal Corporation, and administering agency for the San Jose /Santa Clara Water Pollution Control Plant, a joint powers agency formed pursuant to California Government Code section 6500, et seq.; the Delta Diablo Sanitation District ( "DDSD "), a County Sanitation District formed pursuant to California Health and Safety Code Section 4700 et seq.; North Coast County Water District, formed under the County Water District Act, California Water Code Section 30000, et. seq.; Santa Clara Valley Water District, a Special District created by an act of the California Legislature, "PARTICIPATING AGENCIES," and the Bay Area Clean Water Agencies, a joint powers agency formed pursuant to California Government Code section 6500 et seq. RECITALS 1. WHEREAS, Title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (also known as Public Law 102 -575) authorized a feasibility study of the potential for development of demonstration and permanent facilities to reclaim water in the San Francisco Bay Area, bringing Bay Area agencies together to study opportunities to use recycled treated wastewater for beneficial uses; and authorized the planning, design and construction for the San Jose Water Reclamation and Reuse Program; and 2. WHEREAS, the Bay Area Recycled Water Master Plan, completed in 1999, identified opportunities to use 125,000 acre -feet per year (AF /yr) by 2010, and 240,000 AF /yr by 2025; and 3. WHEREAS, Bay Area agencies have invested nearly $300 million of local funds in water recycling projects, and many more projects are ready to be built; and 4. WHEREAS, federal funding is essential to support these highly leveraged, locally managed, projects to help ensure the security of water supplies for years to come; and 5. WHEREAS, Public Law 102 -575 also provides a program for Federal participation (through cost sharing) in specific water reuse projects up to certain amounts specified in the Act; and 6. WHEREAS, PARTICIPATING AGENCIES have identified 8 projects for which they wish to seek near - term federal funding; and 7. WHEREAS, PARTICIPATING AGENCIES anticipate identifying future projects for which they may wish to secure federal funding; and 8. WHEREAS, federal funding monies will not be available for any authorized project until such funds have been specifically appropriated by Congress; and 9. WHEREAS, Public Law 102 -575 requires that projects complete a feasibility determination process administered through the United States Bureau of Reclamation and that specific authority for funding be legislatively granted; and 7/21/2008 Page 1