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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 vg AGREEMENT NO. 96-366 AGREEMENT NO. 96-367 APPROVED BOARD OF SUPERVISORS .. COUNTY OF SAN BERNARDINO MOTION 5i AYE:- SAYE S SECOND AYE MOVE :1 2 >3 "j 4 5 EARLEN ,,�PROAT, CLERK OF.THE'BOARD BY DATED: May 21, 1996_, 14-9507-000 Rev.01/96 1 1 ITEM 44 t. �pUNTY FtoO � o^ � g � o o w ,FORM> SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT F A S STANDARD CONTRACT FOR COUNTY( ONLY E O New Vendor Code wept. Contract Number M Change TC A 6 / 96 — 3/V�, X 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 I 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