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Home My WebLink AboutWSA 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 cc: Flood -Olson Record qj ctygri, qf" Board of Directors Flood -Eke w/ agree j Contractor c/o Dept w/ agree APP V_ CALENDAR) ACR-Acct Pay Mgrw/ agree ARDINO Periculum c/o Risk w/ agree nt istrict Risk Management d - County Counsel -Marshall MOTION A u: AYE SECOND CAO-Forster t .��_ 4 5 Agreement No. 02-129 A-1 DENA M. SM H, E 40 File - w/ agree jr 2/3109 BY 0 t , 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 New Change Cancel 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 Contract Start Date 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]. <a �q r V e ua 3„ a e N .F mg 3£E "3s s 3 �m d a <E e� e e ee ee e 0 � a m 3 � a � f F s. 88s8 C 5-9 empp�g �a a s a ��f=g ml�i-c�S u pSp� it sa