HomeMy WebLinkAbout08-30_OakGlenAgreementREPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
COUNTY OF SAN BERNARDINO, CALIFORNIA
FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
January 8, 2008
FROM: VANA R. OLSON, Flood Control Engineer
Flood Control District
SUBJECT: AGREEMENT WITH THE YUCAIPA VALLEY WATER DISTRICT AND THE CITY
OF YUCAIPA FOR THE OAK GLEN CREEK BASIN IMPROVEMENT PROJECT
RECOMMENDATION: Approve Agreement No.08-30 with the Yucaipa Valley Water District
(YVWD) and the City of Yucaipa (CITY) in which the San Bernardino County Flood Control
District (District) will contribute up to $1,384,000 toward construction of the Oak Glen Creek Basin
Improvement Project.
BACKGROUND INFORMATION: The Oak Glen Creek Basin impacts portions of the
downstream areas of Oak Glen and Wilson Creeks. The District, YVWD and the CITY desire to
cooperate in constructing, operating and maintaining the Oak Glen Creek Basin Project. The
subject project will improve flood control and overflow capabilities, passive recreational
opportunities, habitat mitigation, and assist the YVWD in developing adequate groundwater
recharge capabilities to meet the future needs of the Yucaipa community. The design and
construction of these proposed facilities are intended to reduce the amount of water flow and
sediment movement into downstream areas of Oak Glen and Wilson Creeks. Each party shall be
responsible for the facilities located in their respective jurisdictions.
At the April 25, 2007 budget hearing, the Flood Control Zone 3 Advisory Committee (ZAC)
recommended the District contribute to the project. The District will contribute $1,384,000 and 2
acres located along Oak Glen Creek to be utilized as a conservation easement for mitigation
purposes. The CITY will acquire and donate additional properties towards the project. The CITY
will act as the project's lead agency.
REVIEW BY OTHERS: This item was reviewed by County Counsel (Christopher Marshall,
Deputy County Counsel, 387-5457) on November 21, 2007; Risk Management (John Eisel, 386-
9024) on November 26, 2007; and the County Administrative Office (Tom Forster, Administrative
Analyst, 387-4635) on December 7, 2007,
FINANCIAL IMPACT: In accordance with this agreement, the District's cash contribution toward
construction of the Oak Glen Creek Basin Improvement project is $1,384,000, which is included
in the District's Zone 3 FY 2007/08 budget (RFL 093 093 200 2445 14F02210). The District will
pay the CITY on a reimbursement basis after receipt of an itemized statement.
SUPERVISORIAL DISTRICT(S): 3rd
PRESENTER: Vana R. Olson, Flood Control Engineer, 387-7906
cc: DPW -Walker w/ Agreement
Contractor c/o DPW w/ Agreement
Periculum c/o Risk Management
w/ Agreement
Auditor-Acct Pay Mgr w/ Agreement
Auditor -Gen Acct Mgr w/ Agreement
Risk Management
DPW -Flood -Olson
County Counsel -Marshall
RM-Eisel
CAO-Forster
File w/ Agreement
jll 01 /14/2008
Record of Action of the Board of Directors
AGREEMENT NO.08-30
APPROVED(CONSENT CALENDAR)
BO TORS
AYE
5
ITEM 077
San Bernardino County
FLOOD CONTROL DISTRICT
F A S
STANDARD CONTRACT
Official USE ONLY
New
Change
Vendor Code
SC
Dist.
A
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Cancel
DISTRICT Department
Dist. Orgn.
Contractor's License No.
Public Works
DISTRICT Department Contract Representative Telephone
Total Contract Amount
Melissa Walker
387-8120
$1,384,000
Contract Type
❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
Amendment Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
RFL
093
093
200
2445
14FO2210
$1.384,000
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Project Name
Estimated Payment Total by Fiscal Year
FY Amount
I/D FY Amount I/D
Oak Glen
07/08 $1,384,000
Basin Improvements
THIS CONTRACT is entered into in the State of California by and between the San Bernardino Flood Control District,
hereinafter called the District, and
Name
City of Yucaipa hereinafter called CITY
Address
34272 Yucaipa Blvd
Yucaipa CA 92399
Telephone Federal ID No. or Social Security No.
909-797-2489
Name
Yucaipa Valley Water District hereinafter called
Address
12770 Second Street
Yucaipa CA 92399
Telephone Federal ID No. or Social Security No.
909-797-5117
Auditor/Controller-Recorder Use Only_
❑ Contract Database ❑ FAS
Input Date Keyed By
YVWD
Oak Glen Creek Basin
IT IS HEREBY AGREED AS FOLLOWS:
DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE
OAK GLEN CREEK BASINS
The PARTIES that are signatories to this Agreement are the San Bernardino County Flood Control
District (SBCFCD), the Yucaipa Valley Water District (YVWD), and the City of Yucaipa (CITY), and all shall
be collectively known as the "PARTIES" and individually as "PARTY".
WHEREAS, the PARTIES, in accordance with their respective enabling acts and powers, desire to
cooperate in a program to construct, operate, and maintain the Oak Glen Creek Basins Project for the
purpose of providing enhanced flood control capabilities, passive recreational opportunities, habitat
mitigation, and assisting YVWD in developing adequate groundwater recharge capabilities to meet the future
needs of the Yucaipa community; (Note: The Oak Glen Creek Basin Project has also been identified as "City
of Yucaipa Water Infrastructure Improvements" in a grant agreement with the U.S. Environmental
Improvement Agency and as "Recharge Basins on Wilson/Potato Creek" in a grant agreement with the
State); and
WHEREAS, the PARTIES recognize that the design and construction of the proposed Project on Oak
Glen Creek is intended to reduce the amount of water flow and sediment movement into downstream areas
of Oak Glen and Wilson Creeks; and,
WHEREAS, the PARTIES further recognize that although the Project has been designed for "100 year"
flood conveyance, the Project is not being designed and constructed to retain a "100 year" flood event; and,
WHEREAS, the PARTIES wish to address the specifics of the Project's construction, operations,
maintenance, conservation plans, cost sharing and other elements necessary to define how and by whom
the Project will be constructed, operated and maintained; and
WHEREAS, the CITY has commenced the design of the Project and is willing to complete the design and
specifications, advertise the project for bids and receive same, award a construction contract, and to manage
the construction contract through its completion; and,
WHEREAS, SBCFCD is the owner of certain lands located along Oak Glen Creek, adjacent to Bryant
Street in the City of Yucaipa, and further identified as SBCFCD Parcel 1 and as shown on Attachment "A";
and
WHEREAS, the SBCFCD Parcel 1 (a portion of SBCFCD Parcel 5, Potato Creek R/W map 3-604, page
1) is necessary for the construction and long term use of the Oak Glen Creek Basin Project; and
WHEREAS, SBCFCD is willing to allow use of Parcel 1 for the construction, operation, and maintenance
of the Project; and
WHEREAS, the CITY intends to acquire additional land identified as Parcel 2 as shown on Attachment
"A" to enable the construction and long term use of the Project ; and
WHEREAS, the CITY desires to transfer Parcel 2, upon completion of construction, to SBCFCD; and
Oak Glen Creek Basin
WHEREAS, SBCFCD is willing to accept Parcel 2 for future operation and maintenance consistent with
_it's enabling act and powers; and
WHEREAS, YVWD is the owner of certain lands located along northerly side of Oak Glen Creek, easterly
of Bryant St., and further identified as YVWD Parcel 3 and as shown on Attachment "A"; and
WHEREAS, YVWD is willing to allow use of Parcel 3 for the construction, operation, and maintenance of
the PROJECT; and
WHEREAS, YVWD will routinely discharge available Supplemental Water by either: (1) operational
necessity of overflow conditions from the Yucaipa Valley Regional Water Filtration Facility; or (2) intentional
delivery of Supplemental Water into the Project for the purpose of recharging the underlying groundwater
basin for the Yucaipa community; and
WHEREAS, YVWD is willing to design, construct, operate and maintain pipelines to convey overflow and
spreading of Supplemental Water to and through the Project; and
WHEREAS, the PARTIES are willing to enter into this Agreement to set forth a long-term relationship of
cooperation and coordination for the construction and use of the Project.
NOW THEFORE BE IT RESOLVED THAT THE PARTIES HEREBY AGREE THAT:
DEFINITIONS
1. Definitions: For the purposes of this Agreement the following terms shall have the following meanings:
a. The term "Project" means facilities that may be used for flood and sediment control, water recharge
and recreational activities, and which are identified on Attachment "B", delineated on plans entitled
"Oak Glen Creek Basins, Project No. YUCA0000-0004, Drawings 1 through 35, dated November
2007, on file at the CITY and the SBCFCD, and which may include basins, channels, diversion
structures, conduits, water control gates, trails, landscaping, irrigation systems, fencing and
educational signage.
b. The term "Native Storm Water" means those storm water flows tributary to the Project.
c. The term "Rainy Season" typically means the seven -month period from October 1 to May 1,
however any time that weather predictions indicate that a storm is developing that may be capable
of producing runoff shall be considered as occurring within the "Rainy Season."
d. The term "Recycled Water" refers to water that has undergone a treatment process that results in
improved quality to applicable standards enabling the water to be discharged into the Project.
e. The term "Supplemental Water" means both water imported to the Oak Glen Creek Basin from
outside the Basin watershed, and recycled water.
f. The term "Unforeseen Conditions" refers to any conditions that arise after the execution of this
Agreement that were not in any way contemplated by the Agreement and have an impact on one or
more PARTIES to the Agreement.
g. The term "Yucaipa Valley Regional Water Filtration Facility" refers to YVWD's improvements to the
approximately 30 acres north of the Project that is used to provide direct filtration of imported water supplies
for direct delivery of potable water to customers of YVWD.
Oak Glen Creek Basin 3
II. PURPOSE
Purpose: Except as otherwise provided herein, this Agreement, including any amendments, permits,
and/or easements necessary to construct and operate the Project, will govern the flood control,
sediment control, groundwater recharge, and passive recreation related to the operation and
maintenance of the Project.
3. Use of Project for Recharge: In recognition of the capital investment being made by the CITY,
YVWD, SBCFCD, the State of California, and the U.S. Environmental Protection Agency to improve the
overall flood control and recharge capabilities of the Project and to construct pipelines to convey
Supplemental Water and native storm water to the PROJECT for recharge, and subject to the provision
of this Agreement, the PARTIES will make all reasonable efforts to assure that the Project is made
available to the maximum practicable extent for groundwater recharge, while still providing enhanced
flood and sediment control capabilities.
III. PRIORITIES
4. Flood Control Priority: The priority for the use of capacity in the PROJECT shall be first for flood
control and overflow conditions from the Yucaipa Valley Regional Water Filtration Facility, second for
recharge of Supplemental Water, and third for passive recreational opportunities. To protect property
and public safety, in the event of emergency or unplanned situations, the SBCFCD will have the sole
authority during the Rainy Season to determine when the Project is available for recharge of
Supplemental Water, to release water or to order the cessation of the delivery of Supplemental Water
to maintain the full flood control capacity of the Project, except for an overflow condition from the water
filtration facilities located at the Yucaipa Valley Regional Water Filtration Facility. Whenever such
overflow condition is eminent or has occurred, YVWD shall immediately notify the PARTIES in
accordance with the operational plan to be developed under Section 14 of this Agreement. The YVWD
shall be able to recharge Supplemental Water at YVWD's discretion during periods other than the
Rainy Season upon coordinating routine maintenance of the Project.
5. Ownership: All Project facilities owned by the SBCFCD are under the exclusive control of its Board of
Supervisors and its designated officers and employees and, except as agreed -to herein, no other
person shall interfere with, regulate, or control any of such Facilities, or the water flowing therein,
without the special written authority from the Board of Supervisors or its duly authorized
representatives. All Project facilities owned by the YVWD are under the exclusive control of its Board
of Directors and its designated officers and employees and, except as agreed -to herein, no other
person shall interfere with, or regulate, or control any of such Facilities, or the water flowing therein,
without the special written authority from the Board of Directors of the YVWD or its duly authorized
representatives. All Project facilities owned by the CITY are under the exclusive control of it's City
Council and its designated officers and employees and, except as agreed -to herein, no other person
shall interfere, regulate, or control any of such facilities, or the water flowing therein, without the special
written authority of the City Council or its duly authorized representatives.
6. Land Acquisition: Prior to the initiation of construction of the Project, the CITY agrees to acquire any
privately owned lands that will be necessary for the construction, operation and maintenance of the
Project. The CITY shall subsequently transfer the acquired rights, further identified as Parcel 2 and
generally located along the southerly portion of the proposed basins, to SBCFCD, at no cost to the
SBCFCD. SBCFCD agrees to accept these lands for use in operation and maintenance of the Project.
Oak Glen Creek Basin
7. Mutual Use of Lands Owned By PARTIES: The Project will be constructed, operated, and
maintained on lands currently owned by SBCFCD, YVWD, and on privately owned lands acquired by
the CITY. The PARTIES agree to cooperate and obtain appropriate permits and/or easements that will
enable the construction, operation, and maintenance of the Project to occur within and upon lands
owned by the individual PARTIES.
8. Habitat Mitigation: SBCFCD shall grant a Conservation Easement to the Inland Empire Resource
Conservation District (IERCD) of approximately 2.0 acres of land within Oak Glen Creek for mitigation
of project impacts to wetland habitat and associated riparian resources including the right of ingress
and egress to the 2.0 acres through adjacent SBCFCD lands
9. Water Rights Application: SBCFCD shall file with the State Water Resources Control Board a
"Statement of Water Diversion and Use" to obtain approval for an appropriative water right for the
diversion of Native Storm Water that is required by the State for the underground storage and
subsequent use of surface water from Oak Glen Creek.
YVWD shall ensure that it has necessary water rights to convey Supplemental Water into underground
storage for subsequent use or shall make application to the State Water Resources Control Board and
obtain approval if necessary, to allow Supplemental Water to be placed into underground storage for
subsequent use.
10. Technical Advisory Committee: The PARTIES will jointly participate in a Technical Advisory
Committee along with members of the public, technical experts, and other governmental entities in
providing oversight and comment during the design and construction phases of the Project and in
monitoring the long-term effects of the Project on the Yucaipa community.
IV. DESIGN AND CONSTRUCTION
Design and Construction of Facilities: The CITY shall design the Project including three basins with
appurtenances, recreational amenities, and protective works for Bryant Street. The CITY shall acquire
all necessary land rights, permits, agreements, and approvals to initiate construction. The CITY shall
submit plans and specifications for SBCFCD and YVWD approval. SBCFCD and YVWD thereafter
agree to review the plans and when found reasonably acceptable to SBCFCD agree to allow such
improvements and process all necessary permits in an expeditious manner and the CITY agrees to
assume all costs in connection therewith except as provided in Section 12 of this Agreement. With the
SBCFCD's and YVWD's concurrence, the CITY may contract with any other public or private entity or
entities to provide the improvements within SBCFCD and YVWD owned lands. Should the CITY
contract with others to perform work within SBCFCD and YVWD owned lands, the CITY shall ensure
that that the contractors comply with the terms and conditions of this Agreement and any relevant
permits prior to and during entry upon such lands. When CITY contracts for work, any and all
procurements of labor, equipment, materials and services necessary to carry out construction of
improvements shall be in accordance with the competitive bidding and procurement procedures and
policies of the CITY.
12. Design and Construction Costs:
a. The City has allocated $1,776,000 of CITY funds for the design and construction of the Project. In
addition, the CITY has acquired grant funds from the State of California and the U.S. Environmental
Protection Agency in the respective amounts of $1,000,000 and $484,000.
b. The IERCD, through a separate agreement with the City of Yucaipa dated March 12, 2007 and
amended November 26, 2007, has agreed to contribute a total of $270,000 to the Project with funds
specifically earmarked for educational signage in the amount of $20,000 and for revegetation in the
amount of $250,000.
Oak Glen Creek Basin
c. The SBCFCD has allocated $1,384,000 in Fiscal Year 2007/2008 for the construction phase of the
Project. The SBCFCD will pay the City on a reimbursement basis after receipt of an itemized
statement.
d. All of the Flood Control District revenues as defined below, have been pledged to secure the
payment of the principal and interest on certain bonds and refunding bonds ("Bonds") issued by the
District in May 2007. The pledge constitutes a first lien on the revenues for the payment of the
Bonds. Any payments under this Contract are subject to the prior pledge of revenues described
above. District payments pursuant to this Contract will be made to the extent there are sufficient
funds available after payment of the Bonds. For purposes of this paragraph, "revenues" shall mean
all income and revenue received by the District from the operation or ownership of the flood and
storm water control and conservation facilities ("Flood Control System") of the District (including by
not limited to, all real and personal property, or any interest therein, and accordance with Generally
Accepted Accounting Principles, including all ad valorem property taxes received by the District
pursuant to Article XIIIA of the Constitution of the State of California and Section 95 et seq. of the
California Revenue and Taxation District, investment income and all other money howsoever
derived by the District from the operation or ownership of the Flood Control System or arising From
the Flood Control System, but excluding (a) ad valorem property taxes levied to pay any voter
approved general obligation indebtedness of the District, (b) assessments levied pursuant to
Section 7 or Section 26.9 of the San Bernardino County Flood Control Act (Cal. Uncod. Water Act,
6850 et seq.), and (c) grants, advances or contributions in aid of construction, except to the extent
such grants are unrestricted and available for any expenditure of the District.
e. The YVWD agrees to contribute $800,000 for the design and construction of the Project, including
the on -site piping necessary to deliver supplemental water from the adjacent Yucaipa Valley
Regional Water Filtration Facility.
It is estimated that there will be 75,000 to 100,000 cubic yards of excess soil that will require
removal from the site prior to or during project construction. If such removal is accomplished
through a Soil Removal Permit issued by SBCFCD rather than through a construction contract for
the PROJECT issued by the CITY, the SBCFCD agrees to contribute 50% of the "borrow fee", per
SBCFCD Schedule of Fees Ordinance, for this material removal to the cost of project construction.
It is understood by all PARTIES that SBCFCD soil removal permit process is market driven and
SBCFCD shall not be obligated to remove the excess soil within a specified time frame.
13. Approval of Subsequent Improvements to Facilities: Where YVWD or the CITY desires to provide
subsequent reasonable improvements within SBCFCD Facilities, they shall submit plans, specifications
and other items required for permit application for SBCFCD review and approval. The approving
PARTY thereafter agrees to review such improvements and to issue any necessary permits or provide
reason for denial in an expeditious manner, and YVWD or the CITY agrees to assume all costs in
connection therewith. With the SBCFCD's concurrence, YVWD may contract with any other public or
private entity or entities to provide such improvements. Whenever YVWD or the CITY contracts with
others to perform work within SBCFCD owned lands, they shall ensure that the contractors comply with
the terms and conditions of this Agreement and any relevant permits including permits issued by
SBCFCD prior to and during entry upon such lands.
V. MAINTENANCE AND ONGOING OPERATION
14. Coordination of Field Operations: To the extent possible the PARTIES will coordinate their field
operations, which include maintenance activities relative to the delivery of Supplemental Water to the
Project. Prior to the completion of construction, representatives of the PARTIES to this Agreement
shall appoint a committee to prepare and approve an operational plan for the Project. The SBCFCD
will not take over operation and maintenance until this plan is completed.
Oak Glen Creek Basin 6
i. Maintenance of Basins: Upon completion of the Project, the SBCFCD agrees to accept the basin
Project, as described in Section I.1.a., for operation and maintenance and shall assume all costs for its
operation and maintenance activities, except as specified in Sections "16" and "17" of this Agreement.
Routine annual maintenance cost within SBCFCD maintenance responsibility limits, attributable to
water spreading activities shall be reimbursable by YVWD based on actual Supplemental Water
spreading activities.
16. Maintenance of Recreational Amenities: Upon completion of construction, the CITY agrees to
accept all recreational amenities, including, but not limited to trails, rest areas, parking lot, trails fencing,
trails signage, landscape maintenance, irrigation system, and educational kiosks, for operation and
maintenance and shall assume all costs for its operation and maintenance activities.
17. Recharge of Supplemental Waters: YVWD shall participate in the design of recharge piping for the
delivery Supplemental Water directly to outlets located in Basins 1, 2 and 3. This piping configuration
shall be designed to prevent sedimentation and debris transport into the basins. YVWD shall maintain
ownership, operation and maintenance responsibility for the Supplemental Water delivery pipelines,
conduits, valves, gates, and monitoring systems necessary to convey Supplemental Water directly to
Basins 1, 2 and 3 for recharge. Operation and maintenance shall also include those portions of the
Project that are adversely affected by recharge or necessary to provide for efficient recharge including
those areas in contact with recharge water, but not limited to, basin bottoms, basin side slopes,
conduits, gates and spillage ways. YVWD shall not be responsible for the operation, maintenance and
upkeep of any other facilities.
a. YVWD shall not be restricted at any time from the operational use of overflow facilities related to the
operation and maintenance of the Yucaipa Valley Regional Water Filtration Facility, which shall be
directly piped to the Project.
b. Prior to the planned delivery of Supplemental Water to Basins 2 and 3, YVWD shall obtain all
necessary approvals, permits, and agreements that may be required of local, state, or federal
agencies and shall be in compliance with the terms and conditions of same.
c. At any time while conveying Supplemental Water to Basins 1, 2 or 3, should it be determined that
YVWD is not in compliance with the terms and conditions of these approvals, permits or
agreements, YVWD shall cease all delivery until necessary actions are taken to achieve
compliance.
d. No provision of this Agreement is intended or be deemed to require that SBCFCD or the CITY
become a primary user of, or otherwise become responsible for, any monitoring and or testing of
Supplemental Water that is conveyed by YVWD.
-18. Habitat Mitigation:
The CITY shall provide an endowment in the amount of $100,000 for the purpose of funding the
estimated annual expenditures to be incurred by IERCD to perform its obligations under the
Conservation Easement to be granted by SBCFCD per Section 8 of this agreement.
19. Performance of Recharge Related Activities by Others: YVWD may utilize contractors to provide
recharge related activities on the Project. YVWD may choose to have the activities, performed by an
entity other than SBCFCD. SBCFCD and the CITY will cooperate with YVWD to facilitate such
recharge related activities. Any such contractor must comply with the rules and regulations of
SBCFCD or the CITY, including obtaining permit(s), providing insurance, and reimbursement of
reasonable costs for administration and inspection.
Oak Glen Creek Basin 7
e0. Encroachment: The PARTIES hereto shall not authorize or permit encroachment by others upon the
Project lands owned by the other PARTIES except for the public use of the passive recreational
opportunities identified within this Agreement or unless agreed upon by each PARTY.
21. Damage to Facilities: Under no circumstances shall the use of the Project facilities by any PARTY
result in damage or degradation to the Project facilities owned by the other PARTIES hereto. Joint
periodic inspections by the PARTIES to this Agreement shall be made if one or more of the PARTIES
report the Project facilities have received damage or are experiencing degradation. The purpose of the
joint inspection will be to agree upon whether the work performed under this Agreement has caused the
damage or degradation to the Project facilities and to agree upon the corrective action needed to repair
the damage or degradation. Once agreement has been reached, documentation shall be prepared
identifying the damage or degradation and the responsible PARTY, along with the agreed corrective
action. The responsible PARTY shall pay all costs for the corrective action. During the Rainy Season,
should the SBCFCD discover that its Project facilities have been damaged and require emergency
corrective repair work in order to safely capture and detain storm water runoff, SBCFCD will document
the cause and extent of damage (e.g., through the use of photos, reports, field surveys etc.) and shall
proceed to make the necessary emergency corrective repairs. As soon as practicable following the
discovery that such Facilities require emergency corrective work, SBCFCD shall inform YVWD or the
CITY of its decision to perform the emergency corrective work and of its intent to invoice YVWD or the
CITY for the costs associated therewith. The SBCFCD will not be responsible for replacing landscaping
and / or trail fencing and / or trail facilities if they are damaged during emergency maintenance activities
but will protect these to the greatest extent practicable during these activities.
VI. MONITORING
22. Accounting for Recharge Water: YVWD will be responsible for the accounting of all Supplemental
Water recharged at the Project, and will provide that information to all PARTIES on an annual basis.
23. Rainfall and Water Levels: SBCFCD currently operates and maintains an ALERT (Automated Local
Evaluation in Real Time) data acquisition system. On site sensors will monitor both rainfall and water
levels in the basins. The data will be recorded and stored in a database, and made available for use on
the internet. Data is pushed up to the internet in approximately 15 to 30 minutes intervals after
acquisition.
If YVWD requires instantaneous data acquisition, they may purchase their own monitoring console
along with installation and support. To the greatest extent possible, all information systems will share
data with other PARTIES.
VII. COSTS AND PAYMENTS
24. No Fees or Charges: The individual PARTIES to this Agreement will not impose fees or charges on
the other PARTIES for the use of lands for the construction, operation or maintenance of the project.
25. Payments: Individual PARTIES shall accept all payments from SBCFCD via electronic fund transfer
(EFT) directly deposited into the individual PARTY's designated checking or other bank account.
PARTIES shall promptly comply with directions and accurately complete forms provided by SBCFCD
required to process EFT payments.
Oak Glen Creek Basin
VIII . INDEMNITY
z.6. Mutual Indemnification: Each of the PARTIES agrees to indemnify, defend and hold harmless each
of the other PARTIES and their authorized officers, employees, directors, managers, agents and
volunteers from any and all claims, actions, losses, damages, penalties, fines and/or liability arising
out of this Agreement that are based upon the negligence, error or omissions of the indemnifying
PARTY, and for any costs, attorney's fees, or expenses incurred by the PARTIES on account of any
claim therefore, except where such indemnification is prohibited by law.
In the event the SBCFCD, YVWD, or the CITY is found to be comparatively at fault for any claim,
action, loss, damage, penalties, fines or liability which results from their respective obligations under
this Agreement, SBCFCD, YVWD and/or the CITY shall indemnify the other to the extent of its
comparative fault.
27. Insurance: Without in any way affecting the Indemnity obligation above provided, and in addition
thereto, each PARTY shall secure and maintain throughout the term of the Agreement the following
types of insurance and limits as follows:
a. Workers' Compensation. A program of Worker's Compensation insurance or a State -approved
Self -Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employers' Liability with one million dollar ($1,000,000)
limits, covering all persons providing services on behalf of the PARTY, and all risks to such
persons under this Agreement.
b. Comprehensive General and Automobile Liability Insurance. This coverage is to include
contractual coverage and automobile liability coverage for owned, hired, and non -owned vehicles.
The policy shall have combined single limits for bodily injury and property damage of not less than
five million dollars ($5,000,000). If commercial general liability insurance of other form with an
aggregate limit is used, either the general aggregate limit shall apply separately to the work
assigned to each of the PARTIES under this Agreement or the general aggregate limit shall be at
least twice the required occurrence limit. The coverage shall be at least as broad as Insurance
Services Office Commercial General Liability Coverage (Occurrence Form CG 00 01 and
Insurance Services Office Form CA 00 01 covering automobile liability, Code 1, any auto. The
commercial liability insurance shall include operations, products and completed operations as
applicable
c. Additional Insured. All policies, except for Workers' Compensation policies shall contain
additional endorsements naming the PARTIES hereto, their directors and managers, the Country
and their officers, employees, agents, and volunteers as additional named insured with respect to
liabilities arising out of the Agreement.
d. Waiver of Subrogation Right. Each PARTY shall require the insurance carriers for the above
required insurance coverage to waive all rights of subrogation against the PARTIES, their officers,
employees, agents, volunteers, directors, and managers.
e. Policies Primary and Non -Contributory. All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
SBCFCD, the CITY, or YVWD.
Oak Glen Creek Basin
f. Proof of Coverage. Each PARTY shall immediately furnish certificates of insurance to the other
PARTIES to this Agreement evidencing the insurance coverage, including endorsements, above
required prior to the commencement of performance hereunder, which certificates shall provide
that such insurance shall not be terminated or expire except without thirty (30) days written notice
to the other agencies who are a PARTY to this Agreement, and each PARTY shall maintain such
insurance from the time of work commencing hereunder until the completion of such work. Within
sixty (60) days of the commencement of this Agreement, the PARTIES shall each furnish certified
copies of their policies and all endorsements.
g. Insurance Review. The above insurance requirements are subject to periodic review by the
PARTIES.
h. Other Requirements. All such insurance policy or policies shall be issued by a responsible
insurance company with a minimum A.M. Best Rating of "A", Financial Category "X", and
authorized and admitted to do business in, and regulated by, the State of California.
i. Self Insurance. Insurance requirements may be met by any PARTY with an approved program of
self-insurance.
IX. GENERAL RESPONSIBILITIES
28. General Compliance: No provision of this Agreement is intended to require, nor shall it be deemed to
require, that any of the PARTIES will become responsible for or accept any responsibility for
compliance with any requirement imposed by other entities which, in the absence of this Agreement,
would be the responsibility of the other PARTIES.
29. Independent Contractors: It is agreed that in the performance of the services by each PARTY to this
Agreement, each PARTY and their officials, employees, and agents, shall act and be independent
contractors of the other PARTY, and not as an agent or employee of the other PARTY, and shall obtain
no rights to any benefits which accrue to employees of the other PARTY.
30. Neutral Interpretation: This Agreement constitutes the product of negotiations of the PARTIES hereto
and any enforcement hereof will be interpreted in a neutral manner and not more strongly for or against
any PARTY based upon the source of the draftsmanship hereof. This Agreement shall be construed in
accordance with the laws of the State of California. The PARTIES agree and acknowledge that legal
counsel for each PARTY has reviewed this Agreement and that the provisions of Civil Code § 1654
shall not apply to the interpretation of this Agreement.
31. Other Agreements: No provision of this Agreement is intended to require, nor shall it be deemed to
require, that the PARTIES enter into any agreements, or obtain any approvals from any other agency
or third PARTY which would constitute a violation of or prevent any of the PARTIES from complying
with any other agreement or permit in effect as of the date of this Agreement, or which would require
any of the PARTIES to waive, compromise, or violate any of their respective statutory duties or
responsibilities, or which would require any of the PARTIES to compromise or violate the Judgment.
No provision of this Agreement is intended to interfere with or in any way supercede other agreements
between the PARTIES or between any of the PARTIES and third PARTIES. Each PARTY will notify
the other PARTIES should it enter into other agreements with third PARTIES that might affect the
Facilities.
32. No Discrimination: The PARTIES each covenant that there shall be no discrimination against or
segregation of any person, group, or employee due to race, color, creed, religion, sex, marital status,
age, disability, nation origin, ethnicity or ancestry, in any action or activity pursuant to this Agreement.
Oak Glen Creek Basin 10
33. Notices: All notices, approvals, consents or other documents required or permitted under this
Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon
personal delivery or three days after deposit in the United States mail, certified, with first class postage
fully prepaid, addresses as follows:
San Bernardino County Flood Control District
825 East Third Street
San Bernardino, CA 92415-0835
Yucaipa Valley Water District
12770 2nd Street
Yucaipa, CA 92399
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Attn: Director of Public Works/City Engineer
34. Term and Termination: The initial term of this Agreement shall be until December 31, 2035 unless it is
earlier terminated pursuant to this Section.
Any PARTY may terminate this Agreement for any of the following reasons:
a. Breach of the terms or conditions of this Agreement and failure to cure after notice.
b. Violation of any of the covenants and conditions of this Agreement, or the inability to perform under
the terms of this Agreement, on thirty (30) days written notice to the other PARTY. The 30-day
notice requirement shall not apply in the event of an emergency.
c. Subsequent enactment or amendment of laws, rules or regulations which render performance
under this Agreement impracticable for any PARTY
d. This Agreement may be terminated by any PARTY without cause after December 31, 2035
provided written notice of such termination is given one-year prior to such termination.
e. Further, this Agreement may be terminated at any time by a written agreement signed by all
PARTIES.
35. No Liability Upon Termination: In the event that this Agreement is terminated, no PARTY shall incur
any further liability or obligation under the Agreement, except to fulfill any obligations existing at the
time of termination, if any, based upon prior actions already taken pursuant to this Agreement (for
example, any services rendered and/or material and property purchases).
36. Meet and Confer: The PARTIES agree to meet and confer to review this Agreement whenever any one
PARTY requests such review, but at least once every five years.
37. Amendment: All modifications, additions or amendments to this Agreement shall be in writing and
signed by the PARTIES hereto.
38. Successors and Assigns: This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the PARTIES.
9. Counterparts: This Agreement may be executed in counterparts, each of which shall constitute an
original and all of which together shall constitute one and the same agreement.
Oak Glen Creek Basin
OAK GLEN CREEK BASINS
I WITNESS WHEREOF, this Contract has been fully executed on behalf of the San Bernardino County
rlood Control District, the Yucaipa Valley Water District, the Inland Empire Resource Conservation
District and the City of Yucaipa by their duly authorized officers and the SBCFCD has caused the same to
be duly executed in its name and in its behalf by its duly authorized representatives, effective as of the date
hereunder written.
This Contract shall insure to the benefit of and be binding upon the successors and assigns of all PARTIES.
SAN BERNARDINO COUNTY
FLOO75OL DIST CT
PAUL BIA 'E , Board of Directors
Dated: JAN 0 8 2008
SIGNED AND CERTI
DOCUMENT HAS
CHAIRMAN OF
T
-r.
B
Aq
A COPY OF THIS
QED TO THE
sAr
no. OV3b
pprov as to Legal Form � reviewed by Contract
�� 6,-d
County Counsel
Date 1 0- � -0, 1 Date
-07
Presented to Board of Direct rs for Signature
Department Head
Date IL,/l,3j101
Oak Glen Creek Basin 12
OAK GLEN CREEK BASINS
J WITNESS WHEREOF, this Contract has been fully executed on behalf of the San Bernardino County
r'lood Control District, the Yucaipa Valley Water District, and the City of Yucaipa by their duly
authorized officers and the SBCFCD has caused the same to be duly executed in its name and in its behalf
by its duly authorized representatives, effective as of the date hereunder written.
This Contract shall insure to the benefit of and be binding upon the successors and assigns of all PARTIES.
YUCAIPA VALLEY WATER DISTRICT
(Print p name of corporation company, contractor, etc.)
(V&Ized signature-- sign in blue ink)
Name Tom Shalhoub
(Print or type name of person signing contract)
Title President, Board of Directors
(Print or Type)
Dated: tJ� � �;_[ Cyr.
Address 12770 Second Street
Yucaipa CA 92399
as to Legal Form I Attested by Nota
Legal Counsel
Date
Notary
Date
Oak Glen Creek Basin 13
OAK GLEN CREEK BASINS
N WITNESS WHEREOF, this Contract has been fully executed on behalf of the San Bernardino County
Flood Control District, the Yucaipa Valley Water District, and the City of Yucaipa by their duly
authorized officers and the SBCFCD has caused the same to be duly executed in its name and in its behalf
by its duly authorized representatives, effective as of the date hereunder written.
This Contract shall insure to the benefit of and be binding upon the successors and assigns of all PARTIES.
City of Yucaipa
Riddell,Dick •
ATTEST:
i
-� Jennifer S ankl d,
o r-General Services/ City Clerk
;ity of Yucaipa
APPROVED AS TO FORM:
By its Authorized Representatives:
/-7.09
Date Date
o< //1 f 7 7
Date aymond A. Casey, Date
Director of Public Works/Ci
Engineer
City Attorney Date
City of Yucaipa
APPROVED AS TO CONTENT:
4//'� -)/'�
Greg Fr Alin Date
Administrative Services Officer
City of Yucaipa
Oak Glen Creek Basin 14
Attachment A
,ite Plan -Oak Glen Basin: Map of SBCFCD Parcel 1, 2 and 3 — properties located along Oak Glen Creek,
.adjacent to Bryant Street in the City of Yucaipa
Parcel 1 San Bernardino County Flood Control District properties
Parcel 2 Private properties to be acquired by the City of Yucaipa
Parcel 2 Yucaipa Valley Water District properties
Oak Glen Creek Basin 15
Attachment B
-a-ist of facilities that may be used for flood and sediment control, water recharge and recreational activities,
,elineated on plans entitled "Oak Glen Creek Basins, Project No. YUCA0000-0004, Drawings 1 through 35,
dated November 2007, on file at the CITY and the SBCFCD, and which may include basins, channels,
diversion structures, conduits, water control gates, trails, landscaping, irrigation systems, fencing and
educational signage.
Attachment B-1 Grading Plan
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Oak Glen Creek Basin 16
Attachment B-2 Grading Plan
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