HomeMy WebLinkAboutWSA 96-366_MojaveWaterAgencyh JTES OF THE BOARD OF SUPS /ISORS
OF SAN BERNARDINO COUNTY, CAL&ORNIA
Agree. No. 96-366, 367
MAY 21, 1996
FROM: KEN A. MILLER, Director
Transportation/Flood Control
SUBJECT: WATER SPREADING AGREEMENT AND MEMORANDUM OF
UNDERSTANDING BETWEEN MOJAVE WATER AGENCY AND
DISTRICT - FILE: 4-10112.09
RECOMMENDATION: Acting as the governing body of the Flood Control District, approve
agreement and Memorandum of Understanding (MOU) with Mojave Water Agency (MWA)
to discharge imported State project water into the Mojave River at Rock Springs Road
Turnout, in Hesperia.
BACKGROUND: MWA is proposing to initiate an ongoing program to release water into
the west fork of the Mojave River for the purpose of groundwater recharge. The water will
be released from Silverwood 3ke through Cedar Springs Dam. Releases are controlled
by the State Department of Water Resources in accordance with the MWA water supply
contract.
REASON FOR RECOMMENDATION: Board approval is required for water spreading
agreements and MOUs.
REVIEW BY OTHERS: This matter was reviewed by Deputy County Counsel Charles S.
Scolastico on April 30, 1996, First District Supervisorial Staff on May 6, 1996, and Risk
Management on April 22, 1996.
FINANCIAL DATA: MWA will reimburse the District for actual costs incurred by the
District that are associated with the water spreading operations.
PRESENTER: Ken A. Miller
cc: Flood Control Dist. w/agr.
MWA w/agr. c/o FCD
Auditor w/agr.
Contract Compliance
Risk Management
PWG
File
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AGREEMENT NO. 96-366
AGREEMENT NO. 96-367
APPROVED BOARD OF SUPERVISORS
.. COUNTY OF SAN BERNARDINO
MOTION 5i AYE:- SAYE S SECOND AYE MOVE
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EARLEN ,,�PROAT, CLERK OF.THE'BOARD
BY
DATED: May 21, 1996_,
14-9507-000
Rev.01/96 1 1 ITEM 44
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SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
F A S
STANDARD CONTRACT
FOR COUNTY( ONLY
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O New
Vendor Code
wept.
Contract Number
M
Change
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A
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96 — 3/V�,
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Cancel
County Department
Dept. Orgn.
Contractor's License No.
FLOOD CONTROL DISTRICT 097 097
Flood Control District Contract Representative
Ph. Ext.
Amount of Contract
LOU CUDIN
387-2633
Fund
Dept.
Organization
Appr.
Obj/Rev Source
Activity
GRC/PROJ/JOB Number
RFQ
1 094
094
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I 9970 1 1
1 76FO1476
Commodity Code
Estimated Payment Total by Fiscal Year
FY
Amount 1/0
FY Amount I/D
Project Name
MOJAVE WATER AGENCY
WATER SPREADING
AGREEMENT
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District,
hereinafter called the District, and
Name
MOJAVE WATER AGENCY hereinafter called AGENCY
Address
APPLE VALLEY, CA 92307
hone Birth
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Me space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and taus, for termination, other terms and conditions, and attach plans, specifications, and addenda, if an y.)
WITNESSETH
WHEREAS, DISTRICT and AGENCY, in accordance with their respective Acts
and Powers, desire to cooperate in a program to conserve imported State Project Water
for the purpose of recharging underground basins within the Mojave River; and
WHEREAS, AGENCY will obtain imported State Project Water and water from
other sources, hereinafter referred to as "WATER", through and from the State aqueduct
for release into said River at the locations, shown Exhibit "A", attached hereto, as a
component of programs to benefit AGENCY'S service area, as shown on Exhibit "B",
attached hereto; and
WHEREAS, AGENCY desires to discharge and conserve through spreading said
WATER in Mojave River, hereinafter referred to as "RIVER'; and
WHEREAS, DISTRICT is willing to accept and to spread, sink and conserve said
WATER within DISTRICT'S right-of-way of said RIVER; and
WHEREAS, AGENCY has compiled with the requirements of the California
Environmental Quality Act for the spreading of WATER into RIVER by the adoption of a
mitigated negative declaration on November 13, 1990, attached hereto as Exhibit "C" for
the recharge and conservation of up to 50,800 acre-feet per year of imported water
Supply; and
WHEREAS, such spreading will be of benefit to the DISTRICT inasmuch as
DISTRICT is empowered to effect water conservation and to import and percolate water
for the benefit of the citizens of San Bernardino County.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. DISTRICT SHALL:
A. Provide AGENCY with DISTRICT'S right-of-way map(s) for DISTRICT'S
portion of said RIVER showing limits of DISTRICT'S fee -owned right-of-way
and easements. AGENCY to pay for DISTRICT'S inspection costs.
B. Permit AGENCY to supervise, operate and maintain said discharge and
spreading facilities and appurtenances into RIVER in so far as it does not
conflict with DISTRICT'S activities within RIVER and DISTRICT'S rights as
an easement holder. Discharge and spreading facilities and appurtenances
are defined as: pipes, head walls, energy dissipaters, splash pads and rip -
rap slope protection, outlet structure with side walls, end and/or cut-off wall,
flap gate and debris grate.
C. Perform earth grading work, at AGENCY'S request, within DISTRICT right-of-way,
according to the plans and specification prepared by AGENCY and approved by
DISTRICT, required to maintain the spreading operation in RIVER and perform the
spreading of WATER consistent with a schedule to be submitted by AGENCY and
approved in advance by DISTRICT.
D. Perform operation and maintenance work, at AGENCY'S request, within DISTRICT'S
right-of-way for RIVER necessary for the spreading of WATER.
E. Notify AGENCY when it is necessary to interrupt use of the RIVER as a spreading
area of WATER for DISTRICT'S inspection, maintenance, and construction function, or
when necessary in the judgment of DISTRICT pursuant to section III A of this
Agreement.
F. Maintain records of labor, equipment and materials expended by DISTRICT on behalf
of the AGENCY for activities associated with the spreading of WATER pursuant to this
Agreement, and make such records available to AGENCY upon request by AGENCY.
G. Allow AGENCY to inspect and construction or maintenance work which interrupts or
affects use of the RIVER as a spreading area of WATER, while the work is in progress
and upon completion thereof.
H. The DISTRICT agrees to indemnify and hold harmless AGENCY and their authorized
agents, officers, volunteers and employees against any and all claims or actions
arising from DISTRICT'S negligent acts or omissions on account of any claim therefore
arising from activities under this Agreement except for any willful or negligent acts by
AGENCY or their authorized agents, officers or employees.
Page 2 of 6
I. Provide names and phone numbers of DISTRICT emergency contact personnel to be
included in Exhibit "D" titled "EMERGENCY CONTACT PERSONNEL" attached
hereto. DISTRICT shall provide a revised list of emergency contact personnel within
thirty (30) days of any such revision to DISTRICT emergency contact personnel.
II. AGENCY SHALL:
A. Seek and obtain all necessary permits and approvals from the underlying fee owners
of DISTRICT'S easements and from other potential property owners of RIVER to be
impacted by the development of recharge basins or delivery facilities for the proposed
water spreading operation at no cost whatsoever to DISTRICT. AGENCY to be
responsible for all costs.
B. Arrange, deliver and spread WATER into RIVER in accordance with Department of
Water Resources (DWR) approved schedules. All deliveries to AGENCY shall be via
the Morongo Basin Pipeline. AGENCY shall notify DWR at beginning of each year of
the expected water requirements and the monthly delivery rate. At the beginning of
each week AGENCY shall order specific amounts of water for the following week.
These schedules are subject to storm activity, RIVER flows and other activities related
to the pipeline for the RIVER. Cancellation of deliveries is acceptable by phone/fax to
the DWR Operations Center in Pearblossom. DWR will furnish to AGENCY a monthly
statement of actual deliveries based upon their meter at the siphon facilities.
C. Maintain all necessary operations, control and surveillance of the water spreading
facilities.
D. Assist in the patrol and surveillance of all areas directly affected by the spreading of
WATER to deter trespass. Records of surveillance shall be kept by the AGENCY and
made available to DISTRICT upon request.
E. Prepare detailed weekly schedules one (1) week in advance for the discharge of
WATER and other data pertinent to the work and spreading. The detailed weekly
schedules prepared by the AGENCY are subject to the review and approval of
DISTRICT and may be revised or terminated to accommodate construction of fixed
works, ground -water conditions, storm maintenance or emergency situations on as
agreed to by both AGENCY and DISTRICT in writing. Any request for change or
termination by DISTRICT of a particular weekly schedule must be promptly noticed in
writing to AGENCY by DISTRICT.
F. Indemnify, defend and hold harmless the County of San Bernardino, the DISTRICT
and their authorized agents, officers, volunteers and employees against any and all
claims or actions arising from AGENCY acts or omissions and for any costs or
expenses incurred by the County of San Bernardino, DISTRICT or AGENCY on
account of any claim directly arising from WATER spreading activities permitted by this
Agreement, except for any willful or negligent act by DISTRICT or their authorized
agents, officers or employees.
Page 3 of 6
G. Obtain, as required by law in advance, all necessary permits, authorization, or
approvals as may be necessary or required by Local, State, or Federal, Health or
Water Quality Control regulating agencies for the handling, spreading or conserving of
said WATER at no cost to the DISTRICT.
H. Cause repairs to be made as soon as possible to restore to prior condition,
DISTRICT'S facilities, utilities, roads, and/or other improvements damaged by, or as a
result of activities under this Agreement.
Submit plans for DISTRICT'S review and approval for permit issuance, in the event
AGENCY desires to construct any additional improvements within DISTRICT right-of-
way. Existing AGENCY turnout facility upstream of Rock Springs Road is approved
and permitted by DISTRICT. DISTRICT may provide improvements and/or additional
work requested in writing by AGENCY, and AGENCY agrees to assume all costs in
connection therewith. With the DISTRICT'S concurrence, the AGENCY may contract
with other agencies, districts or private entities to provide said improvements. When
other than the DISTRICT provides improvements, the AGENCY shall defend,
indemnify and hold the County of San Bernardino and DISTRICT free and harmless
from all claims, damages, losses or expenses arising out of the construction of said
improvements. As applicable, any and all procurement procedures and policies of
AGENCY.
J. Effect such well water level measurements and take water quality samples in the
RIVER and at other designated sites as may be maintain by AGENCY and at other
designated sites as may be maintained by AGENCY in the course of normal
operations. Copies of all such well water level measurements and water quality
sample results shall be provided to the DISTRICT upon request.
6 K. Reimburse DISTRICT for all expenses incurred for work performed, at AGENCY'S
request, when payable, in accordance with all of the provisions under Section I above,
Section III, B, Schedule "I":, and for all other expenses incurred by the DISTRICT that
are associated with the spreading of WATER by AGENCY. DISTRICT shall be
reimbursed for DISTRICT'S actual costs, plus applicable overhead.
L. Suspend water spreading operations at the request of the DISTRICT in accordance
with Section I, E of this Agreement and allow DISTRICT to operate RIVER as
specified.
M. Maintain measurements and records of flows in the discharge facilities including depth
of ponded WATER in the spreading areas, as determined by an operation schedule to
be submitted by AGENCY. Copies of all such measurements and records of flows
shall be provided to the DISTRICT upon request.
N. Install, if one is not already installed, and maintain an automated system to interrupt
the water spreading to accommodate emergency conditions and the DISTRICT'S
operation and maintenance of the RIVER.
Page 4 of 6
O. Provide names and phone numbers of AGENCY emergency contact personnel to be
included in Exhibit "D", titled "EMERGENCY CONTACT PERSONNEL" attached
hereto. AGENCY shall provide a revised list of emergency contact personnel within
thirty (30) days of any such revision of AGENCY emergency personnel.
III. IT IS FURTHER UNDERSTOOD AND AGREED:
A. Use of the DISTRICT LANDS and/or DISTRICT EASEMENTS for water spreading
activities shall be subordinate to the basic flood control and water conservation
purposes of the AREAS OF COMMON USE as determined by the DISTRICT'S Flood
Control Engineer and shall in no way conflict with these purposes. The DISTRICT'S
Flood Control Engineer reserves the right to cancel any specific use should there
develop a substantial incompatibility between WATER spreading uses and flood
control and water conservation uses arising from any cause whatsoever. Said use
shall be terminated or suspended sixty (60) days after the date of a thirty (30) day
written notification given by the DISTRICT'S Flood Control Engineer to the AGENCY to
"cure" the conflict if the conflict has not been "cured." If any use is terminated pursuant
to the provisions of this Paragraph A, AGENCY shall have to right, at its sole option, to
remove any physical WATER spreading or related facilities from the area in question at
its sole cost and expense. Area shall be left in a reasonably neat and graded manner.
B. That the actual costs and billings by the DISTRICT and payments by the AGENCY
shall be according to the following Schedule "I":
SCHEDULE "I"
1. Labor costs and labor -related costs to DISTRICT due to the spreading of
WATER.
2. Labor cost is determined by the salary listed in the Consolidated Memorandum
of Understanding (MOU) between the County of San Bernardino and the San
Bernardino Public Employee's Association (SBPCA).
3. Actual cost (if any) to DISTRICT of materials incorporated or used in the work to
spread WATER.
4. Actual cost (if any) to DISTRICT for DISTRICT equipment, County -owned
equipment and other related equipment used in additional work attributable to
the spreading of WATER.
5. A billing factor rate of 2.08 will be added to Item 1 above to cover general and
administrative overhead costs. The total amount of money authorized by this
Agreement shall not exceed $25,000 per fiscal year for and shall be revised at
every five (5) year increment or as mutually agreed. DISTRICT may perform
additional work related to the spreading operations upon receipt of written
authorization from AGENCY at cost in accordance with Schedule "I".
Page 5 of 6
6. Conditions for payment by the AGENCY to DISTRICT for these costs are as
follows:
a) The DISTRICT shall provide quarterly invoices of monies due to the
DISTRICT.
b) The AGENCY shall make payment to the DISTRICT within thirty (30)
days after receipt of said invoice.
C. That this Agreement shall expire on five (5) years from the execution date, and will be
automatically renewed for nine (9) additional five (5) year periods, unless either party
gives ninety (90) days written notice prior to the expiration of each five (5) year
extension period. In the event written notice is not given, this Agreement shall be
renewed or an additional five (5) year period. In any event, this Agreement shall
terminate fifty (50) years from the execution date.
D. That this Agreement can be terminated on ninety (90) days notice by either party for
any reason.
E. That all WATER conveyance, discharge, and spreading facilities constructed under
this Agreement shall be removed from DISTRICT'S right-of-way at AGENCY'S costs
should this Agreement be terminated.
F. This Agreement can be modified and/or extended at any time upon approval by the
governing body of both parties hereto.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
of RWITNESS WHEREOF, the parties hereto have executed this Agreement this day
a'( f , 199.6-.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
Chairman, Board of Supervisors
Dated MAY 2 !1;96
Secretary of the Flood
Approved as to Legal Form
County 'oun�l
Date I
MOJAVE WATER AGENCY
(State if coi ration, company, etc.)
By ► .
1 Au horized Signniure/
Dated
Title General Manager
Address P.O. Box 1089, Apple Valley, CA 92307
Reviewed as�tq Affirmative Action
he
Date / $ / IL
Reviewed for Processing
Agency Administrator/CAO
Date
02-12459-697 Rev. 1191 / Page 6 of— 6