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Home My WebLink AboutWSA-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 - - N Willnw Ave 4 A aJ N Cliffor * • N Millard•A� Q , LU N Ver de VC- ; , A • . N eAy aell� N - ..��+• r � r i N Pa k Ave i �� r='�� ' 1. ,•�.� m. �; AAd eay11►d-N; "� # g It w - v' m N'Caatus Ave ` H m r yy 4 'xiA Y OI I4, + V O y on 0 ." r r 5 yf•&. yo .BCD N Spruce Ave ,� Ti � • �anM r�., � , � �,� t a GIN •� i 7_an� paOM 'E a1 N . N�B'riervvood�Rve.: Tr + IN Gle eny plea sAl� N ��' �� ve , m