HomeMy WebLinkAboutWSA 03-0083_FourParty-Amend01Rev 070BR1
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
January 27, 2009
M: VANA R. OLSON, Flood Control Engineer
Flood Control District
ECT: AMENDMENT TO AGREEMENT FOR OPERATION AND MAINTENANCE OF
FACILITIES TO IMPLEMENT THE CHINO BASIN RECHARGE MASTER PLAN
)rove the first amendment to Attachment 2 of the 2002 Agreement No. 02-129 A-1 between
San Bernardino County Flood Control District (District), Inland Empire Utilities Agency (IEUA),
no Basin Water Conservation District (CBWCD) and Chino Basin Watermaster (CBWM) for
Operation and Maintenance of Facilities to implement the Chino Basin Recharge Master Plan.
ected Districts: Second, Fourth)
:senter: Vana R. Olson, Flood Control Engineer, 387-7906)
On January 29, 2002, the Board approved a Memorandum of Agreement with the IEUA, CBWCD
and CBWM allowing District Facilities to be used for a groundwater recharge program. The
present agreement sets forth the conditions for the reimbursement of Maintenance and
Operations costs to the District and other parties for the recharge program. The agreement also
established the Groundwater Recharge Coordinating Committee that plans and coordinates the
schedules for recharge water conveyance in District channels and diversion into District basins.
The term of the agreement is 30 years. Attachment 2 of this agreement addressed the
maintenance costs of the District, CBWCD and IEUA with a 100% reimbursement by CBWM.
The purpose of this amendment is to modify the cost sharing arrangement to have IEUA pay for
the pro rata share of operations and maintenance costs based on the percentage of recycled
recharge water bears to the total recharged water in the "prior year" at facilities receiving recycled
water replenishment deliveries. Any remaining operations and maintenance costs for recharge
facilities are to be paid for by CBWM. This first amendment to Attachment 2 of the 2002
Agreement for Operation and Maintenance of Chino Basin Recharge facilities was approved by
the CBWM, the IEUA and the CBWCD on July 24, August 6 and November 10, 2008,
respectively.
Page 1 of 2
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ITEM 073 neTGn• 97 gnno
BOARD OF DIRECTORS
AMENDMENT TO AGREEMENT FOR OPERATION AND MAINTENANCE
OF FACILITIES TO IMPLEMENT THE CHINO BASIN RECHARGE
MASTER PLAN
JANUARY 27, 2009
PAGE 2 OF 2
FINANCIAL IMPACT
There will be no financial impact to the District. Any additional maintenance and operational
costs incurred by the District will be reimbursed by the Chino Basin Water Agencies.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Christopher Marshall, Deputy County Counsel,
387-5457) on November 13, 2008; County Administrative Office (Tom Forster, Administrative
Analyst, 387-4635) on January 14, 2009.
1/27/09 #73
San Bernardino County
Flood Control District
FAS
CONTRACT TRANSMITTAL
OFFICIAL USE ONLY
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Vendor Code
��
Dist.
Contract Number
0 L �% — I �tL 01 J1
vI F'1
Flood Control District
Flood Control Operations
Dist. Orgn.
Contractors License No.
Flood Control District Contract Representative Telephone
KENNETH C. EKE, P.E. (909) 387-7995
Total Contract Amount
0
Contract Type
❑ Revenue ❑ Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
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Contract End Date
Original Amount
Amendment Amount
Fund
Dept-
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Fund
Dept.
Organization
Appr.
Obi/Rev Source
GRC/PROJ/JOB No.
Amount
Fund
Dept.
Organization
Appr.
Obi/Rev Source
GRC/PROJ/JOB No.
Amount
Project Name
FY
Estimated Payment
Amount
Total by Fiscal Year
I/D FY Amount I/D
CONTRACTORS Inland Empire Utilities Agency (IEUA), Chino Basin Water Conservation District (CBWCD), Chino
Basin Watermaster (CBWM)
Federal ID No. or Social Security No.
Contractor's Representative Richard Atwater, Chief Executive Officer/General Manager, IEUA
Andress 6075 Kimball Avenue, Chino, CA 91708 Phone (909) 993-1600
Nature of Contract: (Briefly describe the general terms of the contract)
Revision to the agreement for operation and maintenance of facilities to implement the Chino Basin Recharge Master Plan
On January 29, 2002, the Board approved a Memorandum of Agreement with the water agencies that are a party to this
agreement to allow Flood Control Facilities to be used for this recharge program as stated in the Memorandum of
Agreement. The present agreement sets forth the conditions for reimbursement of Maintenance and Operations costs
to the District and other parties for the recharge program. The agreement also established the Groundwater Recharge
Coordinating Committee that plans and coordinates the schedules for recharge water conveyance in District channels
and diversion into District basins. The term of the agreement is 30 years. Attachment 2 of this agreement addressed
the maintenance costs of the District, CBWCD and IEUA with a 100% reimbursement by Watermaster. The Peace II
agreement, to which the District was not a party, in part modified this cost sharing arrangement to have IEUA pay for
the pro rata share of operations and maintenance costs based on the percentage recycled recharge water bears to the
total recharged water in the "prior year" at facilities receiving recycled water replenishment deliveries. Any remaining
operations and maintenance costs for recharge facilities are to be paid for by CBWM. The first amendment to
Attachment 2 of the 2002 Agreement for Operation and Maintenance of Chino Basin Recharge facilities was approved
by the Chino Basin Watermaster, the Inland Empire Utilities Agency and the Chino Basin Water Conservation District
on July 24, August 6 and November 10, 2008, respectively.
.Approved as to Legal rorm (sign in blue ink) Reviewetl Is to Contract Compliance Present Board fo Sign re
Counsel (/
Date Date �Z/ Z [ QQ Date 6I//111O
R ri
Auditor/Controller-Recorder Use Only
❑ Contract Database ❑ FAS
Input Date Keyed By
FIRST AMENDMENT TO
ATTACHMENT NUMBER 2 TO AGREEMENT
FOR OPERATION AND MAINTENANCE
OF FACILITIES TO IMPLEMENT THE
CHINO BASIN RECHARGE MASTER PLAN
This First Amendment to Attachment Number 2 to Agreement for Operation and
Maintenance of Facilities to Implement the Chino Basin Recharge Master Plan is entered into on this
the 27 h day of January, 2009, by and between the San Bernardino County Flood Control District, the
Chino Basin Water Conservation District, the Chino Basin Watermaster, and the Inland Empire
Utilities Agency.
I.
RECITALS
WHEREAS, in or about December 2002, the parties hereto entered into that certain agreement
entitled Agreement for Operation and Maintenance of Facilities to Implement the Chino Basin Master
Recharge Plan including, Attachment Number 2 thereof; and
WHEREAS, in or about December 2007, the Superior Court for the County of San Bernardino,
approved, with conditions, that document entitled Peace II Agreement: Party Support for Watermaster's
OBMP Implementation Plan — Settlement and Release of Claims regarding future Desalters (Peace II);
and
WHEREAS, certain terms and provisions of Peace II will affect the budgeting, funding and
payment process set forth in Attachment Number 2 making amendment to Attachment Number 2
necessary;
NOW THEREFORE, the parties hereto agree to amend Attachment Number 2 as follows:
l I. Section A of Attachment Number 2 shall be amended to read as follows:
First Amendment to Attachmentfor Operation and Maintenance of Page
Facilities to Implement the Chino Basin Recharge Master Plan
"A. Budgeting and Funding Process. In order to facilitate the timely review and approval
by Watermaster of the Consolidated Budget and Planning Budget, called for in Paragraph 18 of
the Agreement, the parties will each submit individual budgets for Additional Costs for the
ensuing fiscal year to IEUA, with copies to the other parties, no later than February 1 of each
fiscal year. IEUA will then prepare a Consolidated Budget and Planning Budget and circulate
such budgets for review and comment by March 1. IEUA will consult with GRCC as part of the
preparation process. IEUA will use its best efforts to resolve any questions or concerns of the
parties during such review. IEUA will submit the Consolidated Budget and Planning Budget,
with any changes, to Watermaster by April 1. Watermaster will adopt a final consolidated budget
and planning budget on or before June 1 of each year. Watermaster shall supply a copy of said
Consolidated Budget and Planning Budget to the parties on or before June 15. Any amendment
to the Consolidated Budget shall be submitted to the parties for review and comment at least
thirty days prior to action thereon by Watermaster. The Consolidated Budget for Additional
Costs for the ensuing fiscal year will be the sum of the amounts approved by Watermaster for
IEUA, CBWCD, and SBCFCD plus the amount budgeted by Watermaster for its own costs.
Quarterly, in advance, Watermaster will pay to IEUA the portion, as shown by the Consolidated
Budget, of the estimated amount needed to fund the portion of the total budget to be extended
during the quarter. IEUA will place the amount received into a Recharge O&M Account. If the
Consolidated Budget is amended during the fiscal year, and the result of such amendment is to
increase appropriations, such increased amounts will be paid quarterly over the remaining fiscal
year.
All future operations and maintenance costs attributable to all recharge facilities utilized
for recharge of recycled water in whole or in part unfunded from third party sources, will be paid
by the IEUA and Watermaster. The contribution by IEUA will be determined annually on the
basis of the relative proportion of recycled water recharged bears to the total recharge from all
First Amendment to Attachment jor Operation and Maintenance of Page 2
Facilities to Implement the Chino Basin Recharge Master Plan
sources in the prior year. For example, if thirty-five percent of total recharge in a single year is
from recycled water, then IEUA will bear thirty-five percent of the operations and maintenance
( costs. All remaining unfunded costs attributable to the facilities used by Watermaster will be
l
paid by Watermaster.
The methodology for calculating all future operations and maintenance costs to be
allocated between the parties shall be in accordance with that Pro -Rats Cost Sharing
Methodology for GWR O&M Budget Based on Peace II Language which is attached hereto as
Exhibit "A" and incorporated herein by this reference."
2. All remaining provisions of Attachment 2 shall remain unchanged and in full
force and effect.
APPROVED AS TO FORM AND CONTENT:
DATED: T • (O 0% INLAND EMPIRE U/TIL�IT,IES AGENCY
By:
Title: Chief Executive Officer/General Manager
DATED: CHINO BASIN WATER CONSERVATION DISTRICT
DATED:
DATED:
By:
Title:
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:
Title:
CHINO BASIN WATERMASTER
By:
Title:
First Amendment to Attachment for Operation and Maintenance of Page 3
Facilities to Implement the Chino Basin Recharge Master Plan
sources in the prior year. For example, if thirty-five percent of total recharge in a single year is
from recycled water, then IEUA will bear thirty-five percent of the operations and maintenance
costs. All remaining unfunded costs attributable to the facilities used by Watermaster will be
paid by Watermaster.
The methodology for calculating all future operations and maintenance costs to be
allocated between the parties shall be in accordance with that Pro-Rata Cost Sharing
Methodology for GWR O&M Budget Based on Peace II Language which is attached hereto as
Exhibit "A" and incorporated herein by this reference."
2. All remaining provisions of Attachment 2 shall remain unchanged and in full
force and effect.
APPROVED AS TO FORM AND CONTENT:
DATED:
DATED: July 25, 2008
DATED:
DATED:
INLAND EMPIRE UTILITIES AGENCY
LE
C.l
VATION DISTRICT
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
L-A
Title:
CHINO BASIN WATERMASTER
In
First Amendment to Attachmentfor Operation and Maintenance of
Facilities to Implement the Chino Basin Recharge Master Plan
Page 3
sources in the prior year. For example, if thirty-five percent of total recharge in a single year is
from recycled water, then IEUA will bear thirty-five percent of the operations and maintenance
costs. All remaining unfunded costs attributable to the facilities used by Watermaster will be
paid by Watermaster.
The methodology for calculating all future operations and maintenance costs to be
allocated between the parties shall be in accordance with that Pro -Rats Cost Sharing
Methodology for GWR O&M Budget Based on Peace II Language which is attached hereto as
Exhibit "A" and incorporated herein by this reference."
2. All remaining provisions of Attachment 2 shall remain unchanged and in full
force and effect.
APPROVED AS TO FORM AND CONTENT:
DATED:
DATED:
DATED:
SIGNED AND
THIS DOWN
TO THE CFI>fS
DENA M.
By -
r
A COPY OF
11J1��"
INLAND EMPIRE UTILITIES AGENCY
CHINO BASIN WATER CONSERVATION DISTRICT
By:_
Title
SAN WNARDINO Y Fr
By
r
TitlePar C Vitt C — r tv cu
CHINO BASIN WATERMASTER
CONTROL DISTRICT
7 2009
First Amendment to Attachment for Operation and Maintenance of Page 3
Facilities to Implement the Chino Basin Recharge Master Plan
sources in the prior year. For example, if thirty-five percent of total recharge in a single year is
from recycled water, then IEUA will bear thirty-five percent of the operations and maintenance
costs. All remaining unfunded costs attributable to the facilities used by Watermaster will be
paid by Watermaster.
The methodology for calculating all future operations and maintenance costs to be
allocated between the parties shall be in accordance with that Pro -Rats Cost Sharing
Methodology for GWR O&M Budget Based on Peace II Language which is attached hereto as
Exhibit "A" and incorporated herein by this reference."
2. All remaining provisions of Attachment 2 shall remain unchanged and in full
force and effect.
APPROVED AS TO FORM AND CONTENT:
DATED: INLAND EMPIRE UTILITIES AGENCY
DATED: CHINO BASIN WATER CONSERVATION DISTRICT
DATED: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
DATED: /i 2/o o CHINO BASIN WATERMASTER
By:
Title: GEO
First Amendment to Attachment for Operation and Maintenance of Page 3
Facilities to Implement the Chino Basin Recharge Master Plan
Explanation of Pro Rats. Cost -Sharing Methodology
Column
Explanation
[A]
Drainage Channel Tributary to a Basin Facility.
[B]
Facilities are recharge basins or basin cells, and include associated level transmitters,
flow control structures, pipelines, rubber dams, and communications. Each FY,
facilities will be placed in the recharge use section based on whether or not recycled
water was recharged at that facility.
[C]
Each Recharge Site is given a weight of 1, and then each subbasin or cell at a site is
given an proportional weight. Example: For a recharge site with 3 cells, each cell has
a weight of 0.33. All MWD turnouts are assigned a collective facility weight of 1.
[D]
Volume of local runoff and stormwater recharged in the fiscal year prior to the fiscal
year being cost shared. If it occurred, non -replenishment recharge (e.g. GE
discharges to Ely, MV WD well purging to Montclair or Brooks basins, or other
similar discharges) are included as recharge.
[E]
Volume of imported water recharged in the fiscal year prior to the fiscal year being
cost shared.
[F]
Volume of recycled water recharged in the fiscal year prior to the fiscal year being
cost shared.
G
Total of all recharge sources in columns D , , and
[H]
CBWM pro rata by basin for stonnwater (SW), local runoff (LR) and imported water
(MWD) recharge is the percent of SW, LR, and MWD water recharged at a facility in
the fiscal year prior the fiscal year being cost shared. Any facility having 0 AF total
recharge will have a 100% CBWM pro rata share for SW, LR, and MWD for cost
sharing purposes.
[1]
IEUA pro rata by basin is the percent recycled water (RW) recharged at a facility in
the fiscal year prior to the fiscal year being cost shared. Any facility having 0 AF
total recharge will have a 0% IEUA pro rata for RW cost sharing purposes.
[J]
General basin maintenance (e.g. silt/clay removal, weeding, pest control, and other
planned maintenance) budget approved by CBWM for the fiscal year being cost
shared.
[K]
SBCFCD and CBWCD administrative costs will be allocated evenly amongst the
basin these agencies own.
[L]
O&M Labor includes labor for GWR Coordinator, Maintenance Supervisor, as
needed electrical, instrumentation, control system technicians, and general
administration costs. O&M Labor costs are to be distributed among the facilities
based the total number of facilities.
[M]
Electricity, telephone, & water will be charged to the basin or turnout served by the
utility meter. Utilities for telemetry and other communications will be distributed by
dividing the actual fiscal year costs by the number of facility sites. Utilities for
rubber dams and pump stations cannot be differentiated and are included with their
associated recharge basin facility.
[N]
Contracted Repair Services include unplanned services or repairs requiring specialty
contractor; office supplies; miscellaneous tools; and operations permits. Contracted
repairs costs will be distributed among the facilities receiving the contracted service.
[01
Facility cost subtotal is the subtotal of items J throw
IN
CBWM cost share is the percent non -recycled water recharge [H] multiplied by the
estimate facility cost fOl.
[Q]
IEUA cost share is the percent recycled water recharge [I] multiplied by the estimate
facility cost r0j.
[Q]23
The total IEUA cost is the summation of all facility costs identified in column [Q].
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