HomeMy WebLinkAboutWSA-WVWD_BAI-Amend02-wAgr-Approved-20210302REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
March 2, 2021
FROM
BRENDON BIGGS, Chief Flood Control Engineer, Flood Control District
SUBJECT
Amendment to Agreement with West Valley Water District to Spread Treated Water in Cactus
Basin No. 2
RECOMMENDATION(S)
Acting as the governing body of the San Bernardino County Flood Control District, approve
Amendment No. 2 to Agreement No. 16-256 with the West Valley Water District to extend the
term by five years for an agreement term of May 24, 2017 through May 24, 2026 to spread
treated water in Cactus Basin No. 2.
(Presenter: David Doublet, Assistant Director, 387-7906)
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County
Cost). In accordance with Agreement No. 16-256, the San Bernardino County Flood Control
District (District) receives annual payments at the rate of $20.00 per acre foot of treated water
(Water) for Water spreading by the West Valley Water District (WVWD) in the District's Cactus
Basin No. 2 (Basin 2). The rate of the annual payments will remain unchanged under the
proposed Amendment No. 2. Sufficient revenue has been included in the District's 2020-21
budget (1920002522-AP22011022) and will be included in future recommended budgets.
BACKGROUND INFORMATION
Agreement No. 16-256 was approved by the District Board of Supervisors (Board) on May 24,
2016 (Item No. 189), for a 60-month term and is set to expire on May 24, 2021. Agreement No.
16-256 authorizes WVWD to spread Water (discharge treated water and hold it for percolation)
on an ongoing basis in Basin 2, with an initial amount of 400-acre feet during the start-up phase
and an annual amount not —to -exceed 128-acre feet per year.
Basin 2 is located in the City of Rialto, near the western edge of the perchlorate groundwater
plume associated with the Rockets, Fireworks, and Flares Superfund Site. The United States
Environmental Protection Agency (USEPA) and the Santa Ana Regional Water Quality Control
Board (SARWQCB) reviewed the WVWD's Water spreading proposal for Basin 2, and
determined that such additional Water spreading activity by WVWD in Basin 2 would not
adversely affect the movement of contaminated groundwater.
Item 50
Page 1 of 3
Amendment to Agreement with West Valley Water District to Spread
Treated Water in Cactus Basin No. 2
March 2, 2021
Amendment No. 1 was approved by the Board on June 13, 2017 (Item No. 119), allowing the
quantities of Water to be spread to increase to 1200-acre feet for the period from June 27, 2017
to December 31, 2017, which was the start-up period for the Fixed -Bed Bioreactor perchlorate
treatment process and an amount not -to -exceed 800-acre feet per year from January 1, 2018 to
May 24, 2021. The USEPA and the SARWQCB reviewed the proposed quantities of Water to
be spread under Amendment No. 1 and both agencies issued letters, dated April 26, 2017,
stating they had no objections.
The proposed Amendment No. 2 authorizes WVWD to continue to spread up to 800-acre feet of
Water per year in Basin 2 for an additional five-year period from May 25, 2021 to May 24, 2026.
This Amendment No. 2 is a cooperative effort between the District and WVWD to facilitate water
conservation and water quality, therefore, it is consistent with County goals and objectives of
working with other agencies.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Akins, Deputy County Counsel,
387-5455) on January 20, 2021; Finance (Jessica Trillo, Administrative Analyst, 387-4222) on
February 8, 2021; and County Finance and Administration (Matthew Erickson, County Chief
Financial Officer, 387-5423) on February 15, 2021.
Item 50
Page 2 of 3
Amendment to Agreement with West Valley Water District to Spread
Treated Water in Cactus Basin No. 2
March 2, 2021
Record of Action of the Board of Supervisors
San Bernardino County Flood Control District
APPROVED (CONSENT CALENDAR)
Moved: Joe Baca, Jr. Seconded: Janice Rutherford
Ayes: Col. Paul Cook (Ret.), Janice Rutherford, Dawn Rowe, Curt Hagman, Joe Baca, Jr.
Lynna Monell, CLERK OF THE BOARD
BY q201n
DATED: rch 2,
cc: Flood - Fam w/agree
Contractor C/O Flood w/agree
File - w/agree
CCM 03/8/2021
Item 50
Page 3 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
Ito -a�5G A -a
San Bernardino County
Flood Control District
Department Contract Representative Michael Fam, P.E.
Telephone Number 909-387-8120
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
SAP Number
_West Valley Water District
Rickey S. Manbahal, MPA
909-875-1804
SECOND AMENDMENT TO WATER SPREADING AGREEMENT
AGREEMENT NO. 16-256
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, the San Bernardino County Flood Control District (DISTRICT) and the West Valley Water
District (WVWD) entered into Water Spreading Agreement No. 16-256 (Agreement) to spread Treated Water
(WATER) in Cactus Basin No. 2 (BASIN 2), in the City of Rialto, and
WHEREAS, on June 13, 2017, DISTRICT approved the First Amendment to the Agreement, allowing
WVWD to spread up to 800 acre feet of WATER per year for the period of June 27, 2017 to May 24, 2021, and
WHEREAS, pursuant to Section IV, Paragraph D of the Agreement, the term of the Agreement is for sixty
(60) months from the Agreement's Effective Date of May 24, 2016, and
WHEREAS, pursuant to Section IV, Paragraph G of the Agreement, the Agreement can be modified
and/or extended at any time upon written approval by the governing body of both parties, and
Standard Contract Page 1 of 4
WHEREAS, WVWD, in a letter dated November 2, 2020, requested that the Agreement to spread
WATER in BASIN 2, in an amount not to exceed eight hundred (800) acre-feet per year, be renewed for a sixty
(60) month term through May 24, 2026, and
WHEREAS, such spreading of WATER will benefit DISTRICT, since water conservation and recharge
are part of DISTRICT's mission as set forth in the San Bernardino County Flood Control District Act and this
activity has been found by DISTRICT to not interfere with DISTRICT's primary statutory objectives and purposes
to provide for the control of flood and storm waters, and
WHEREAS, DISTRICT and WVWD, in accordance with their respective acts and powers, desire to
cooperate in a program to conserve water for the purpose of recharging the underground aquifer overlain by
BASIN 2.
NOW, THEREFORE, in consideration of mutual covenants and conditions, DISTRICT and WVWD hereto
agree to amend the Agreement as follows:
1. DELETE in its entirety the existing Paragraph II C and SUBSTITUTE therefore the following as the new
Paragraph II C:
"C) Arrange and deliver discharges for the period covering May 25, 2021, through May 24, 2026, for
an annual amount not to exceed eight hundred (800) acre feet of WATER into BASIN 2."
2. DELETE in its entirety the existing Paragraph II D and SUBSTITUTE therefore the following as the new
Paragraph II D:
"D) Subject to the volume limitations in paragraphs (B) and (C), above, the monthly discharges into
BASIN 2 shall not exceed a flow rate of two thousand (2,000) gallons per minute or approximately 4.5
cubic feet per second within a 24 hour period from May 25, 2021, through May 24, 2026."
3. DELETE in its entirety the existing Paragraph IV D and SUBSTITUTE therefore the following as the new
Paragraph IV D:
"Unless terminated earlier as provided herein, this Agreement shall terminate ten (10) years from the
Agreement's Effective Date, as defined below."
4. ADD the following as the new Paragraph V N:
"N) All of the DISTRICT's 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 Agreement are subject to the prior pledge of revenues described above. DISTRICT
payments pursuant to this Agreement 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 but not limited to, all real and
personal property, or any interest therein, and all additions, improvements, betterments and extensions
thereto), determined in 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 Code, all rents, royalties and
license and permit fees and charges received by the 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 43-7 or Section 43-26.9 of the San Bernardino County Flood Control Act (Cal. Water Code App.
Page 2 of 4
Sect. 43-1 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."
5. DELETE in its entirety the existing Table titled EMERGENCY CONTACT PERSONNEL SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT of EXHIBIT C and SUBSTITUTE therefore the
following as the new Table titled EMERGENCY CONTACT PERSONNEL SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT of EXHIBIT C:
WORK CELL
FIRST
LAST
TITLE NUMBER NUMBER
EMAIL
NAME
NAME
909 (909
Public Works Operations 387-8004 855-5167
Robert
Clark
Robert. Clark@dnw.sbcounty.gov
Supervisor
Scott
Ryan
Public Works Operations
387-8016
855-7594
sryan(a)-dow.sbcounty.pov
Superintendent
__
Alan. Frost0i)-dow.sbcounty.gov
Alan
Frost
Supervising Engineer 387-8222
Chief, Flood Control 387-8120
mfam(a)-dow.sbcounty.gov
Michael
Fam
991-5537
Planning/Water Resources
Melissa
Walker
I Deputy Director, Operations 387-8040
601-4809
mwalker(aDdpw.sbcountv.gov
6. DELETE in its entirety the existing Table titled EMERGENCY CONTACT PERSONNEL WEST VALLEY
WATER DISTRICT of EXHIBIT C and SUBSTITUTE therefore the following as the new Table titled
EMERGENCY CONTACT PERSONNEL WEST VALLEY WATER DISTRICT of EXHIBIT C:
WORK
CELL
FIRST LAST TITLE
NUMBER
NUMBER
EMAIL
NAME NAME
909
909
Rickey
Manbahal
Acting General Manager
820-7306
644-1413
smanbahal(]a,.wvwd.org
Van
Jew Assistant General Manager
Chan Operations Manager
875-1804
644-0943
view _wvwd.org
Joanne
820-3707
644-0011
ichan(a)wvwd.org
Sergio
Granda
Chief Water Systems
875-1804
644-1445
sgranda(a)wvwd.org
Operator
Lance
Drake
Lead Water Systems
875-3975
543-8570
Idrake(a)wvwd.org
Operator
685-8630
bgrubertewvwd.org
Brian
Grubert
Lead Water Systems
875-3975
Operator
_.
7 DELETE in its entirety the existing Paragraph 2 of EXHIBIT D and SUBSTITUTE therefore the following
as the new Paragraph 2 of EXHIBIT D:
"Labor cost is determined by the salary listed in the Consolidated Memorandum of Understanding (MOU)
between the County and the Teamsters Local 1932 (Teamsters)."
8. All other provisions and terms of the amended Agreement shall remain unchanged. In the event of any
conflict between the Agreement, as previously amended, and this Second Amendment, order of
precedence between the documents shall be as follows: Second Amendment, First Amendment, and,
lastly, the Agreement.
9. The Parties agree that this Second Amendment may be executed in counterparts, each of which shall be
deemed to be an original, but both of which together shall constitute one and the same instrument, and
that a photocopy or facsimile may serve as an original. If this Second Amendment is executed in
counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart
of this Second Amendment. The Parties shall be entitled to sign and transmit an electronic signature of
Page 3 of 4
this Second Amendment (whether by facsimile, PDF, or other email transmission), which signature shall
be binding on the party whose name is contained therein. Each Party providing an electronic signature
agrees to promptly execute and deliver to the other party an original signed Second Amendment upon
request.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
rr►6U 1 Boo Chairman
Dated: MAR Q 7 ?o?j
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS
CHAIRMAN O
.O
By
Poo,
s
cal
FOR COUNTY USE ONL
DELIVERED TO THE
of the Board
Approved as to Legal Form Reviewed for Cc
► 2j±2r=h -P—j ► 444
Sophie A. Akins, Deputy County Counsel Andy Silao, P-E.
Date
Date
WEST VALLEY WATER DISTRICT
(Print ortype name of Corp ration, comply, tractor, etc.)
(Authorized signature - sign in blue ink)
Name . AAA 44fi�,,&AAA
(Print or typ name of person signing contract)
r
Title We e T rv►/ ���R L /�
(Print or Type)
Dated: % I Z � )
n�- -
Address tS SS Cl �e1 r�
Reviewed/App ed RbyDistr7ict,,
Brendon Biggs, Chief Flood Control Engineer
Date
Page 4 of 4
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their duly
authorized officers or representatives as of the last day and year appearing below.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Curt Hagman, Board Chairman
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell, Clerk of the Board
By
Deputy
FOR COUNTY USE ONLY
Approved as to Legal Form
3
WEST VALLEY WATER DISTRICT
(Print or type name of corporation, company, contractor, etc.)
By
(Authorized signature - sign in blue ink)
Name
Title
Dated:
Address
Reviewed for Contract Compliance
1►
Sophie A. Akins, Deputy County Counsel Andy Silao, P.E.
Date January 27, 2021 Date
Revised 7/15/19
(Print or type name of person signing contract)
(Print or Type)
Reviewed/Approved by District
1
Brendon Biggs, Chief Flood Control Engineer
Date
Page 5 of 5
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