HomeMy WebLinkAboutContracts & Agreements_49-2013_CCv0001.pdf AGREEMENT FOR THE COOPERATIVE USE OF UNUSED WELL CAPACITY,THE TEXAS GROVE
RESERVOIR AND THE CENTRAL FEEDER
This Agreement for the Cooperative Use of Unused Well Capacity, the Texas Grove
Reservoir and the Central Feeder("Agreement") is entered into and effective this 2nd day of
April , 2013 ("Effective Date") by and between the City of Redlands (-City")and San
Bernardino Valley Municipal Water District ("Valley District"). City and Valley District are
sometimes individually referred to herein as a"Party" and, together, as the "Parties."
Recitals
A. City owns the 3.9 million gallon Texas Grove Reservoir, which is shown on the map
attached hereto as Exhibit"A" and incorporated herein by reference. The Texas
Grove Reservoir is located adjacent to the Valley District Redlands Pump Station.
B. Valley District desires to purchase 2.3 million gallons of capacity in the existing City
of Redlands'Texas Grove Reservoir which is already intertied with the Valley
District Central Feeder system.
C. City is willing to sell Valley District 2.3 million gallons of capacity in the Texas
Grove Reservoir.
D. City owns various water wells that deliver water to the Texas Grove Reservoir.
E. Valley District has constructed the Central Feeder Project Phase 1, which includes the
Redlands Pump Station and a 78-inch pipeline (the -Central Feeder")that connects
to the Metropolitan Water District of Southern California's Inland Feeder Pipeline
and the East Branch Extension of the State Water Project. The Central Feeder is
shown on the map attached hereto as Exhibit"A." Valley District further intends to
construct new wells in the San Bernardino Basin Area (the "SBBA"), in,or upstream
of,the Area of Historic High Groundwater(the "AHHG" or the "Pressure Zone")
that could deliver water to the Central Feeder.
F. From time to time, Valley District intends to use its proposed wells to dewater the
AHHG during periods when the Boards of Directors for Valley District and Western
Municipal Water District ("Western") agree additional extractions are needed to
mitigate the risks associated with high groundwater which include the flooding of
basements and the increased risk of property damage and personal injury from soil
liquefaction during an earthquake. These Valley District wells may also be used to
extract: (i) State Water Project water that has been "banked" in the SBBA, (ii)
Western's portion of Santa Ana River water diverted and stored in the SBBA under
State Water Resources Control Board permits 21264 and 21265, or(iii)"new
conservation water," as defined in the Western Judgment (Westernwunicipal Water
District et al. v. East San Bernardino County Water District et al., Riverside County
Redlands Facilities/Central Feeder
March 2013
Page I
C:\Docutnents and Settings'xii1fianj'Local Settings"11'emporary Internet f,'iles�Content.Outlook`�27GX6RV6xRedlands March Agmt
1A I I f1 10 11 �--Vi A--
Superior Court Case No. 78426, April 17, 1969) and determined by the Western-San
Bernardino Watermaster that is banked in the SBBA. Additionally, Valley District
intends to consult with other water agencies with interests in the SBBA, by working
with the Basin Technical Advisory Committee, in order to ensure Valley District and
Western Boards of Directors are provided with the most up-to-date technical
information upon which to base decisions.
G. To postpone the need to construct its own wells and related transmission pipelines,
Valley District desires to utilize the City's water wells when the City is not using
such wells(unused capacity) to pump and deliver water to the Central Feeder via the
Texas Grove Reservoir and Redlands Pump Station.
H. City wishes to make its unused water well capacity available to Valley District
provided that it does not cause lower water levels and, thereby, increase pumping
costs for City's own customers nor cause water quality degradation for Total
Dissolved Solids (**TDS") in the SBBA that causes Redlands Wastewater Treatment
Plant discharges to exceed permitted concentrations.
1. City and Valley District, in addition to other parties, entered into the "Settlement
Agreement Relating to the Diversion of Water From the Santa Ana River System (the
"Seven Oaks Accord")" on July 21, 2004. One of the provisions of the Seven Oaks
Accord provides for participation in a"groundwater spreading program"that would,
among other things, maintain groundwater levels at relatively constant levels in the
SBBA.
J. Valley District and the Santa Ana Regional Water Quality Control Board entered into
the"Cooperative Agreement to Protect Water Quality and Encourage the Conjunctive
Uses of Imported Water in the Santa Ana River Basin" (the "RWQCB Agreement")
on January 16, 2008, which requires preparation of a report on water quality
conditions in the SBBA every three years.
K. City and Valley District wish to cooperate in the operation of facilities for the mutual
benefit of the Parties.
Agreements
1. Malley District Purchase of Storage Rights in the Texas Grove Reservoir
a. Storage Rights. City hereby sells, and Valley District hereby purchases, all rights
to the use of the upper 2.3 million gallons of usable storage capacity in the
existing Texas Grove Reservoir, for the life of the reservoir, which capacity is
understood by the Parties to be at, or above, elevation 1338.9 feet MSL N6VD.
City shall retain all storage rights to the use of that portion of the Texas Grove
Reservoir below elevation 1338.9 feet MSL NTGVD. Neither Party shall interfere
Redlands Facilities/Central Feeder
March 2013
Page 2
C:\Docurnents and Settings,fillianj'I'l.ocal Settings'.Temporary Internet Fi les�Content,Outlook\2 7GX6RV&,Red1ands March Agrat
lint-)") 10 111 r:..,,»An_
with the other Party's use of its share of the storage capacity of the Texas Grove
Reservoir, unless such storage capacity is needed to meet fire fighting demands
by City. In such instances, City shall have the right to use all water available in
the Texas Grove Reservoir. City shall cooperate with Valley District and allow
Valley District to construct City-approved facilities necessary to utilize Valley
District's full storage rights in the Texas Grove Reservoir.
b. Payment by Palley District for Storage Rights. Valley District shall pay City the
sum of$2,168,426 for the rights described in paragraph I a within 30 calendar
days after the Effective Date of this Agreement. Valley District will make such
payment by electronic funds transfer into a fund approved by City. City shall
provide Valley District with a written receipt, acknowledging payment in full,
within 7 calendar days of the electronic funds transfer.
C. Operation and Maintenance. City shall be responsible for the day to day
operation and maintenance of the Texas Grove Reservoir, except for the 42-inch
nozzle connecting the Texas Grove Reservoir to Valley District's Redlands Pump
Station which shall be the responsibility of Valley District.
(1) Ordinary Operation and Maintenance. City shall operate the Texas Grove
Reservoir in accordance with the terms of this Agreement and in
accordance with good engineering practices, including normal
maintenance of the reservoir.
(2) Substantial Work. In the event City determines, in its reasonable
engineering judgment, that substantial work (i.e., more than$50,000 in a
calendar year) is needed to properly maintain the Texas Grove Reservoir,
City shall promptly consult with Valley District and, before commencing
any work, City shall give written notice to Valley District of: (i)the work
to be performed, (ii)the estimated cost of the proposed work, and (iii)the
contractor(s)that will perform work. City may only commence such work
upon receipt of written approval from Valley District, which approval
shall not be unreasonably withheld or delayed.
(3) Emergency Circumstances. Nothing in paragraph I c(2) shall be construed
to prevent City from taking any action it reasonably believes necessary in
the event of an emergency. City shall notify Valley District of the
existence of an emergency as soon as reasonably possible and shall, to the
extent feasible under the circumstances, coordinate a response with Valley
District.
(4) Reimbursement by 1,`alley District, Valley District shall reimburse City for
63% of the costs to operate and maintain the Texas Grove Reservoir, as
determined based on the calculations attached hereto as Exhibit.B" and
Redlands Facilities../Central Feeder
March 2013
Page 3
C:\Documents and Setting0illiaqj"Local Seningsk,I Femporary Internet Files',,(.ontent.Outlook"27GX6RV6,Redlands March Agmt
entitled"City of Redlands Reservoir#1 (Texas Grove Reservoir)."
Reimbursable costs shall include, but not be limited to, actual and
reasonable costs of City staff, consultants and contractors for operating
and maintaining the Texas Grove Reservoir.
(5) Invoices to Valley District. City shall invoice Valley District for such
operation and maintenance costs quarterly in arrears and Valley District
shall pay such invoices within 30 calendar days of the date of the invoice.
Invoices shall indicate, in reasonable detail, the cost of each action
undertaken by City to operate and maintain the Texas Grove Reservoir,
including the date of the service,the individuals performing the service,
the hourly rate of such individuals, and the costs of any materials. In the
event Valley District objects to any costs identified on an invoice, Valley
District shall pay the undisputed costs and shall invoke the dispute
resolution process described in paragraph 10c below for the objectionable
costs.
2. Term ofAgreement. This Agreement shall have an initial term of five years from its
Effective Date and shall automatically renew for subsequent five-year terms thereafter
unless terminated as provided for in paragraph 8 below.
3. Cooperative Operation of City Wells and the Central Feeder
a. Delivery of Water by City to Valley District.
(1) Estimate of unused capacity by City. No later than each November 1, City
shall provide Valley District with a written estimate of the availability of
water during the following calendar year, up to a maximum of 20,000
acre-feet. City shall make this estimate in its sole and reasonable
discretion. City may base its estimate on hydrologic conditions,
groundwater levels, facility limitations, demand for water within City, or
any other reasonable factor.
(2) Valley District Water Order. No later than each December I of each year,
Valley District shall provide City with akATitten order for water for the
following calendar year, up to a maximum amount equal to City's estimate
of unused capacity.
(3) Water delivery to Texas Grove Reservoir. City shall operate its water
production and distribution systems to provide Valley District with the
amount of water ordered by Valley District at the Texas Grove Reservoir.
Valley District shall install or cause to be installed a meter to measure
deliveries by City to Valley District. City shall have the right to read the
Redlands Facilities/Central Feeder
March 2013
Page 4
CADocurnents and Setting!millianj\Local Settinp-s\'I'emporary Internet Fileslcontent.Outlook\27GX6RV&,Redlands March Agmt
'A I li'l 16 1 1 47-11 A.
meter on a monthly basis and inspect the meter at least annually in order to
ensure the accurate calculation of water delivered to Valley District.
(4) 4116dification of City's Estimate. The Parties understand and acknowledge
that a number of factors, including but not limited to greater/lesser
precipitation or changes in customer demand for water, may modify City's
ability to supply Valley District with ordered water. It is the intentof the
Parties that this Agreement not interfere with City's obligation to serve its
customers.
(a) City may increase or decrease its estimate of water available to
Valley District at any time during a calendar year as may be
reasonable to provide water service to City's customers. City will
use reasonable, good faith efforts to meet Valley District's water
demands.
(b) In the event of an emergency, as defined in California Public
Contract Code Section 1102, City may take any actions it deems
reasonably necessary to respond to the emergency and provide
water service to its customers. City shall promptly consult with
Valley District and jointly develop a plan that will provide Valley
District water as soon as practicable after the conclusion of the
emergency.
b. Payment by Valley District far Water. Valley District shall pay City the actual
production cost, as determined pursuant to paragraph 3b(1) below, and the
Operations, Maintenance and Repair(",OMR-) cost, as determined pursuant to
paragraph 3b(2) below, for water delivered to Valley District at the Texas Grove
Reservoir.
(1) Payment,for Production Cost. Valley District shall pay City for City's
actual cost of producing water pursuant to this Agreement. Such actual
costs may be determined by using either: (i) energy and treatment costs
for the water production facilities that City specifically operates to meet
Valley District's water order or(ii) a weighted average cost of energy and
treatment for all City facilities producing water during a period in which
City delivers water to Valley District. City shall determine, and notify
Valley District in writing, which method will be used to determine the
actual cost of producing water for Valley District prior to delivery of water
to Valley District. Absent notification, the Parties shall use method (ii)
above until notice is given.
(2) Payment,f6r OMR Cost, Valley District shall pay City's actual costs to
operate, maintain and repair its water production and distribution facilities
Redlands Facilities/Central Feeder
March 2013
Page 5
C:\Docurnents and SettingsAillianj\Local Settings11'ernporary Internet Files"Content.Outtook',')7GX6RV61,Redlands March Agmt
11111,1 10 1 1 A--
(including, without limitation.
, production wells, booster pumps, treatment
facilities, etc.) for the benefit of Valley District. Specifically,Valley
District shall pay all costs, including staff time, associated with City's
operation of its water production and distribution facilities to deliver water
to Valley District. In addition, Valley District shall pay its fair share of
City's costs to maintain and repair its water production and distribution
facilities. This cost shall be equal to the City's actual per acre-foot cost
for maintenance and repair of its water production and distribution
facilities over the preceding three calendar years, multiplied by the
number of acre-feet ordered by Valley District.
(3) Invoices to Valley District.
(a) Production Cost Invoices. City shall invoice Valley District for
production costs at least quarterly in arrears and Valley District
shall pay such invoices within 30 calendar days of the date of the
invoice. Invoices shall indicate, method used to determine
production costs as described in paragraph 3b(1), facilities used to
provide Valley District water, and cost for chemicals and power
used. In the event Valley District objects to any costs identified on
an invoice, Valley District shall pay the undisputed costs and shall
invoke the dispute resolution process described in paragraph I Oc
below for the objectionable costs.
(b) 01IR Cost Invoices. City shall invoice Valley District for OMR
costs at least quarterly in arrears and Valley District shall pay such
invoices within 30 calendar days of the date of the invoice.
Invoices shall indicate, in reasonable detail, the information
necessary to calculate costs as described in paragraph 3b(2). For
expenses and work outside of what should normally be expected,
City shall identify expenses and/or work performed and include
date expense was made or work was performed, facilities involved,
the individuals or company performing the service,hourly rate of
such individuals or company, and costs of any materials or service
using the methodology provided on Exhibit"C." In the event
Valley District objects to any costs identified on an invoice, Valley
District shall pay the undisputed costs and shall invoke the dispute
resolution process described in paragraph I Oc below for the
objectionable costs.
C. Water Quality Reporting. The City shall provide Valley District with copies of all
reports submitted to the Santa Ana Regional Quality Control Board.
Redlands Facilities/Central Feeder
March 2013
Page 6
,
C:`-Documents ocurnents and Settings"lillianj".Local Settings'Jernporary Internet Files Content.Out]ook.2 7GX6RVG--RedIands March Agmt
4? ..X,A
d. Future Actions. The Parties understand and acknowledge that this Agreement is
intended not only to serve as the basis for cooperative operations beginning in
2013, but is also intended to serve as the basis for long-term cooperation. The
Parties agree they will consider amending this Agreement at appropriate times to
reflect additional facilities and new opportunities to improve the conjunctive
management of the SBBA and/or water supply reliability for the San Bernardino
Valley.
4. Water Level and Water Quality, ,'/Monitoring. The Parties shall cooperate in monitoring
water levels and water quality to ensure that the terms of this Agreement do not have an
adverse impact on water levels or water quality in the SBBA.
a. The Parties shall monitor water levels using the Basin Technical Advisory
Committee annual Regional Water Management Plan and/or, independently, to
ensure compliance with the water level requirements of the Seven Oaks Accord.
b. The Parties agree to monitor any water quality impacts to Total Dissolved Solids
("TDS")using data provided in the triennial report prepared for the Santa Ana
Regional Water Quality Control Board pursuant to the Santa Ana Regional Water
Quality Control Board Agreement.
5. Impacts to Water Levels. If it is determined by the Parties that the water level
requirements in the Seven Oaks Accord are not being met, Valley District will take one
of the following actions:
a. Stop taking deliveries. Valley District will cease to water through City facilities
until water levels are in compliance with the requirements of the Seven Oaks
Accord.
b. Deliver Exchange Water to City. To offset the pumping costs associated with
lower water levels, Valley District will provide water to City, on a 1:1 basis
("Exchange Water"), for deliveries made to Valley District after water levels are
determined to be out of compliance with the Seven Oaks Accord and up until the
point water levels are determined to be in compliance with the Seven Oaks
Accord.
(1) Sources of Exchange Water. Valley District may obtain such Exchange
Water from the State Water Project, from the Santa Ana River, from Mill
Creek, from sources outside the SBBA or from "new conservation" as that
term is defined in the Western Judgment (Western JIVIunicipal Water
District el al. v. East San Bernardino County Water District et al.
(Riverside County Superior Court No. 78426, April 17, 1969). The
selection of sources of Exchange Water shall be within the sole discretion
of Valley District but water diverted from the Santa Ana River shall not
Redlands Facilities/Central Feeder
:March 2013
Page 7
C:',Documents and SettingsVillianj\Local Settings Temporary Internet Files Content.Outlook`\27GX6RV6---Rediands March Agmt
I"1'2,'2 10 Il A.
comprise more than 50% of the Exchange Water delivered to City during
any three-year reporting period, as defined in paragraph 4a below.
(2) Delivery of Exchange (Vater. Valley District shall deliver Exchange
Water to City as soon as feasible but no later than three calendar years
after the calendar year in which City delivered water to Valley District.
Valley District shall deliver Exchange Water to one or more of the
following agreed upon locations:
(a) San Bernardino Valley Water Conservation District Mill Creek
Spreading Grounds;
(b) San Bernardino Valley Water Conservation District Santa Ana
River Spreading Grounds;
(c) Bear Valley Mutual Water Company Airport Spreading Grounds;
(d) City's San Bernardino Avenue Spreading Grounds(formerly Bear
Valley Mutual Water Company Judson Ponds);
(e) Such other spreading grounds that directly benefit City's wells and
other wells in the surrounding area, as the Parties may determine
through mutual consent in the future.
Valley District shall calculate and document deliveries of Exchange Water
to City at the above locations in a manner that both Parties agree to be
reasonable, recognizing that several of the above locations are owned by
non-parties to this Agreement.
In the event Valley District is unable to deliver Exchange Water to City
within a three consecutive calendar year time period, Valley District shall
increase the amount of Exchange Water delivered to City by 5%of the
overdue balance for every calendar year beyond the three calendar years
allowed until the Exchange Water is delivered. The Parties shall use a
"first-in, first-out" accounting to track Exchange Water for multiple years.
(3) In-Lieu Recharge.
(a) In the event spreading of Exchange Water is not prudent: (i) due
to high groundwater conditions in the pressure zone, (ii)because
such spreading would have adverse impacts on groundwater
contaminants, or(iii) because City determines it would be
beneficial for City to take deliveries of Exchange Water at a water
treatment plant in lieu of the spreading grounds identified in
Redlands Facilities/Central Feeder
March 2013
Page 8
C.Documents and SettingsIlilii*',Local Settings'A'emporary Internet Files�Content.Outlook'\27GX6RV6!Rediands March Agent
1)A I I I'I 10 11 Ar.__71 A--
paragraph 5b(2), City may take deliveries of up to 50%of
Exchange Water at its Horace Hinckley Surface Water Treatment
Plant or Henry Tate Surface Water Treatment Plant, at its sole
discretion. Valley District shall deliver the remaining Exchange
Water to such locations that Valley District, in its sole discretion,
determines appropriate for sound management of the SBBA.
(b) If City chooses to take delivery of Exchange Water at the Henry
Tate Surface Water Treatment Plant, City may receive up to 10%
of the total Exchange Water delivered in a calendar year at Henry
Tate Surface Water Treatment Plant at no cost to the City.
6. Impacts to Water Quality. If it is determined by the Parties that pumping by City for
delivery to Valley District, under the terms of this Agreement, is the sole cause for the
City violating one or more of its permits from the Santa Ana Regional Water Quality
Control Board, Valley District will take one of the following actions:
a. Stop taking deliveries. Valley District will cease to water through City facilities
until water levels are in compliance with the Seven Oaks Accord.
b. Recharge high quality water. Valley District will recharge lower TDS water in a
mutually agreeable locations until TDS has returned to acceptable levels.
C. Any combination. Valley District may use one, or both, of the above, at its
discretion, to reduce the TDS level until the TDS has returned to mutually agreed
upon acceptable levels.
d. Violation of Santa Ana Regional Water Quality Control Board TDS discharge
limit on Redlands wastewater plant. In the event the Santa Ana Regional Water
Quality Control Board orders City to remedy an increase in the TDS limit for
City's wastewater treatment plant that the Parties agree has been caused by
conditions derived by the activities associated with this Agreement, Valley
District shall take any or all of the actions identified in subparagraphs a-c above
until water quality has returned to acceptable levels. Additionally, Valley District
and City will work together to resolve the condition with the Santa Ana Regional
Water Quality Control Board identify a solution to the condition, and fund an
appropriate solution.
T Afatural Disaster or Civil U`nrest. In the event that the Texas Grove Reservoir suffers
from substantial damage due to natural disaster (e.g., earthquake, flooding or otherwise)
or due to civil unrest(e.g., rioting, terrorist attack, or otherwise), neither Party shall be
obliged to rebuild/reconstruct the Texas Grove Reservoir in its current configuration or to
its current capacity. Instead, the Parties shall promptly meet and confer, determine a
rebuilding plan/configuration that is reasonable and financially feasible under the
Redlands Facilities/Central Feeder
March 2013
Page 9
C:\Documents and Settings�liliianj\Local Settings'\Ternporary Internet Files"lcontent.Outlook\27(iX6RV&Rediands March Agmt
circumstances at the time, and then rebuild/reconstruct the Texas Grove Reservoir as
quickly as practicable.
8. Termination qfAgreement. Either Party may terminate this Agreement, w=ith or without
cause,by providing written notice of termination to the other Party at least one year prior
to the conclusion of the then-current term of this Agreement. Valley District's purchase
of storage rights at, or above, elevation 1338.9 feet MSL NGVD shall survive termination
of this Agreement and, after termination, Valley District may use its storage rights by
supplying water available to Valley District from any source. In the event that Valley
District has not completed its delivery of Exchange Water to City as required by
paragraph 5b above, that obligation shall survive any termination of this Agreement.
9. Indemnification. Each Party shall defend and indemnify the other Party and the other
Party's elected officials, officers, employees, agents and authorized volunteers from and
against all claims, demands, or liability for damages arising out of the Party's
performance of the terms of this Agreement where such liability is caused or claimed or
alleged to be caused by the willful misconduct, sole negligence or active negligence of
the Party or any person or organization for whom or which the Party is legally liable.
In particular, Valley District shall defend and indemnify City's elected officials, officers,
employees, agents and authorized volunteers for any and all claims, demands or liability
arising from: (i)Valley District or its contractors' construction of the Central Feeder; (ii)
the movement of groundwater contaminants due to the spreading of Exchange Water by
Valley District and increased pumping; or (iii) a reduction in static groundwater levels
due to extraction of water by City for delivery to Valley District.
The provisions of this Section 9 shall survive any termination of this Agreement.
10. Administration of Agreement
a. Workers'Compensation. Each Party certifies that it is aware of the provisions of
section 3700 of the California Labor Code which requires every employer to be
insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code and each Party shall comply with
such provisions before commencing the performance of any work under this
Agreement. Each Party and any contractors or subcontractors shall keep workers'
compensation insurance for their employees in effect during all work covered by
this Agreement. Upon request, each Party shall provide the other with the
certificate required by Labor Code section 3700.
b. Books and Records. Each Party shall have access to and the right to examine the
other Party's pertinent books, documents, papers or other records (including,
without limitation, records contained on electronic media) relating to the
performance of that Partys obligations pursuant to this Agreement. The Parties
Redlands Facilities/Central Feeder
March 2013
Paae 10
C"j)ocurnents and Settings"dillianj"Local Setfings\Ternporary Internet Files",Content.OLitlook:.,,27GX6RV6\Rediands March Agmt
')A II,1 10 1 1 4111 A
shall each retain all such books, documents, papers or other records to facilitate
such review. Access to each Party's books and records shall be during non-nal
business hours only. Nothing in this paragraph shall be construed to operate as a
waiver of any applicable privileges.
C. Disputes. The Parties recognize there may be disputes regarding the obligations
of the Parties or the interpretation of this Agreement. The Parties agree they may
attempt to resolve disputes as follows:
(1) Statement Describing Alleged Violation qfAgreement. A Party alleging a
violation of this Agreement(the "Initiating Party") shall provide a
written statement describing all facts it believes constitute a violation of
this Agreement to the Party alleged to have violated the terms of this
Agreement (the "Responding Party").
(2) Response to Statement qfAlleged Violation. The Responding Party shall
have sixty calendar days from the date of the written statement to prepare
a written response to the allegation of a violation of this Agreement and
serve that response on the Initiating Party or to cure the alleged violation
to the reasonable satisfaction of the Initiating Party. The Initiating Party
and the Responding Party shall then meet within thirty calendar days of
the date of the response to attempt to resolve the dispute amicably.
(3) /Mediation of Dispute. If the Initiating Party and the Responding Party
cannot resolve the dispute within ninety calendar days of the date of the
written response, they shall engage a mediator, experienced in water-
related disputes, to attempt to resolve the dispute. Each Party shall ensure
that it is represented at the mediation by an employee of such Party.
These representatives of the Initiating Party and the Responding Party may
consult with staff and/or technical consultants during the mediation and
such staff and/or technical consultants may be present during the
mediation. The costs of the mediator shall be borne by the unsuccessful
Party.
(4) Reservation of Rights. Nothing in this paragraph I Oc shall require a Party
to comply with the dispute resolution process contained herein, and each
Party retains and may exercise at any time all legal and equitable rights
and remedies it may have to enforce the terms of this Agreement.
11. CE(�A Compliance.
The Parties have determined that, because the activities contemplated under the terms of
this Agreement involve the cooperative use of existing facilities within the capacity of those
Redlands Facilities/Central Feeder
March 2013
Page 11
C:lDocurnents and Settings\fillian.j\Local Settings\Ternporary Internet F i les"Content.Out]ook\2 7GX6RWRedlands March Agrat
facilities and within the limits established by existing regulations, the implementation of this
Agreement is exempt from environmental review pursuant to Title 14, section 15301 of the Code
of California Regulations. Within five business days of the Effective Date of this Agreement,
the Parties will file a Notice of Exemption with the County Clerk for the County of San
Bernardino,which Notice is attached hereto as Exhibit"U" and incorporated herein by reference.
12. General Provisions.
a. Authority. Each signatory of this Agreement represents that he is authorized to
execute this Agreement on behalf of the Party for which he signs. Each Party
represents that it has legal authority to enter into this Agreement and to perform
all obligations under this Agreement.
b. Amendment. This Agreement may be amended or modified only by a written
instrument executed by each of the Parties to this Agreement.
C. Jurisdiction and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of California, except for its conflicts of law
rules. Any suit, action, or proceeding brought under the scope of this Agreement
shall be brought and maintained to the extent allowed by law- in the County of San
Bernardino, California.
d. Headings. The paragraph headings used in this Agreement are intended for
convenience only and shall not be used in interpreting this Agreement or in
determining any of the rights or obligations of the Parties to this Agreement.
e. Construction and Interpretation. This Agreement has been arrived at through
negotiations and each Party has had a full and fair opportunity to revise the terms
of this Agreement. As a result, the normal rule of construction that any
ambiguities are to be resolved against the drafting Party shall not apply in the
construction or interpretation of this Agreement.
f. Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter of this Agreement and supersedes any prior oral
or written agreement, understanding, or representation relating to the subject
matter of this Agreement.
g. Partial Invalidity. If, after the Effective Date of this Agreement, any provision of
this Agreement is held to be illegal, invalid, or unenforceable under present or
future laws effective during the term of this Agreement, such provision shall be
fully severable. However, in lieu thereof, there shall be added a provision as
similar in terms to such illegal, invalid or unenforceable provision as may be
possible and be legal, valid and enforceable,
Redlands Facilities/Central Feeder
March 2013
Nee 12
C:\Docurnents and Settina lillianjTocal Settings", emporary Internet liles'Content.Outlook'27GX6RVG�Redlands March Agmt
h. Successors rind Assigns. This Agreement shall be binding on and inure to the
benefit of the successors and assigns of the respective Parties to this Agreement.
No Party may assign its interests in or obligations under this Agreement without
the written consent of the other Party, which consent shall not be unreasonably
withheld or delayed.
i. Waivers. Waiver of any breach or default hereunder shall not constitute a
continuing waiver or a waiver of any subsequent breach either of the same or of
another provision of this Agreement and forbearance to enforce one or more of
the remedies provided in this Agreement shall not be deemed to be a waiver of
that remedy.
j Attorneys'Fees and Costs. The prevailing Party in any litigation or other action
to enforce or interpret this Agreement shall be entitled to reasonable attorneys'
fees (including fees for use of in-house counsel by a Party), expert witnesses'
fees, costs of suit, and other necessary disbursements in addition to any other
relief deemed appropriate by a court of competent jurisdiction.
k. Necessary Actions. Each Party agrees to execute and deliver additional
documents and instruments and to take any additional actions as may be
reasonably required to carry out the purposes of this Agreement.
1. Representations and Warranties. Each representation and warranty contained
herein or made pursuant hereto shall be deemed to be material and to have been
relied upon and shall survive the execution, delivery and termination of this
Agreement.
in. Compliance with Law. In performing their respective obligations under this
Agreement, the Parties shall comply with and conform to all applicable laws,
rules,regulations and ordinances.
n. Third Paqv Beneficiaries. This Agreement shall not create any right or interest in
any non-Party or in any member of the public as a third party beneficiary.
0. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute but one and the same instrument.
p- Notices. All notices, requests, demands or other communications required or
permitted under this Agreement shall be in writing unless provided otherwise in
this Agreement and shall be deemed to have been duly given and received on: (i)
the date of service if served personally or served by facsimile transmission on the
Party to whom notice is to be given at the address(es) provided below, (ii) on the
first day after mailing, if mailed by Federal Express, U.S. Express Mail, or other
Redlands Facilities/Central Feeder
March 2013
Pac,LIC 13
CADocuments and Settingsvillian.i',Local Settings\Tetnporary Internet F i lesTontent.Outlook\22 7GX6RVG,,Redlands March Agmt
')Alli-) 10 12 4__V1 An
similar overnight courier service, postage prepaid, and addressed as provided
below, or(iii)on the third day after mailing if mailed to the Party to whom notice
is to be given by first class mail, registered or certified,
postage prepaid,
addressed as follows:
CITY OF REDLANDS:
City of Redlands
35 Cajon Street
Redlands, CA 92373
(909) 798-7533
(909) 798-7535 (FAX)
Attn: Municipal Utilities and Engineering Director
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT:
San Bernardino Valley Municipal Water District
380 East Vanderbilt Way
San Bernardino, CA 92408
(909) 387-9211
(909) 387-9247 (FAX)
Attn: General Manager
A Party may change its address for the receipt of notices by providing the other Party with notice
of the same pursuant to this paragraph 12p.
Redlands Facilities/Central Feeder
March 2013
Page 14
C:Documents and Senings'dillianj'Tocal Settings'k,remporary Internet f,'itesyContent.Outlook27GX6RV6,,Rediands March Agmt
')A1 1(1 10 12 V:--l',A--
CITY OF REDLANDS SAN BERN VALLE
MUNICIPAL L D ICiI' 3.,
s �
By: B
Pete Agui ar, Mayor C. Patri I Igan,
President, Board of Directors
ATTEST:
Sam Irwin, y C1e k
Redlands Facilities/Central Feeder
March 2013
Page 15
CyDocuments and SettingsAillian"Local Settings'v' emporary Internet F`iles`=Content.Outlook,,27GX6RV6,,,Redlands March Atrmt
I A i 2!? i it I') t:-.Aa,,,. -
•
r
ter, i ' ,� �, � .�Y i,=�s`,�';'•�ti.
orf Fr'•^^- t-
`�� r r� ,
WWI
L..vI't'�� j y
Jt
17
i f.T w 4s
' - � •{f - � - -�:,^ '- i W" lir^• '1
• .� l� .moi, _ :L �•;,.��-- •i
r•.�, ` •.r1 Lmoi' �1
1
Exhibit`B"
Reimbursement Cost Calculations
cirf-IDE IES
ARA OP
RAO= 90,0 FT,
pf 3.1416
TOTAL AREA (AT) RAD*PI 25446.9 SOFT.
HELGHT OF WATER-21DRED-IN TA-W-
HIGH WATER SURFACE(H,VY.S.) 1351.0 FT.
BOTTOM OF TANK ELEVATION(Ta) 13303 FT. ELEVATION OF RING FOOTING
WATER HEIGHT(WC) 20.3 FT.
VOLUME OF CONE NO Vc-(PI*R^2*H)/3 R=90',H=1.0 8482.3 CUFT. ACCOUNTS FOR VOLUME LOST DUE
TO SLOPING TANK BOTTOM
MAX.WATER STORAGE CAPACITY ((AT*WC)-VC) 508853.2 CUFT.
MAX.WATER STORAGE IN GALLONS 3806730.7 GAL, 7.481 GAL./CUFT.
MAX.USABLE STORAGE ((WC-1.0')*AT) 491888.6 CUFT BOTTOM FOOT OF MAX.STORAGE
IS NOT USABLE
IMAX.USABLE STORAGE IN GALLONS(WSU) 3679818.5 GAL. 7.481 GAL./CuFT,
LISMZ STORAGE FOR SBVMM
H.W.S. 1351.0 FT.
I=AT OUTLET OF STANDPIPE 1338,9 FT.
MAXIMUM USABLE HEIGHT OF WATER(WU) 12.1 FT-
SBVMWD USABLE STORAGE (AT*WU) 307907,5 CUFT.
RiffiWUSASUE STORAGE IN OALLM(WSV) 23034WOGAL. 17.481 GAL,/CUFT-
CAR-USABLE-STORAGE BELOW_SEMAIMD-SIMAGE
INVERT AT OUTLET OF STANDPIPE 1338.9 FT.
HIGH PONT IN TANK z-TB+1.0' 1330 FT.
MAXIMUM USABLE HEIGHT OF WATER(WR) 71 FT.
COR USABLE STORAGE (AT*WR) 183981.1 CUFT.
[Cat US&BLE STORAGE IN GALLONS(WSR) 1376362.5 GAL. 7.481 GAL./CUFT.
EMKVITAff.Of-USABLE-WATER,STIORAGE-LALQ&ATED,BY-AGEMY
I-_�R—ANDS ((WSR/WSU)*100%) 3=74%
2.
ISHVMWD ((WSVfWSU)*100%) 62.41
Redlands Facilities,"Central Feeder
March 2013
Page 17
CADocuments and Settings'dillianj"Local Settin-sJernporary Internet Files;Content.Out]ook',2 7GX 611WRedlands March Agmt
Exhibit "C"
Operation Maintenance and Repair(OMR) shall be calculated as follows: total actual
expenditures listed below(Expenditures), multiplied by the percent shown, divided by AF
produced in City system multiplied by percent delivered to Valley District.
Total Actual City Expenditures ($) X ( % Sold to Valley District) = $—LAF
Total Production(acre-ft)
where,
Total Actual City Expenditures = 50% (4000* Salaries) + (4010 Overtime
Salaries)+ (4012 Stand By) + (5317 Service for Function Facility) + (5590 Street
Repair) + 50%(5 71 O_Special Contractual Services)
*Codes are from the City of Redlands Water Fund 501403
Redlands Facilities/Central Feeder
March 2013
Page 18
CA)ocutnents and Settingsuillianj"d-ocal Settin'-s"A'emporarN Internet Files Content.Outlook\27(iX6RV6",Redlands March Agmt
I A 1 It I It I 1'1 4:--it A--
Exhibit "D"
Draft Notice of Exemption
Notice of Exemption
To. County Clerk From-
Com"of San Bernardino San Bernardino Valley Municipal Water District
222 W.Hospitality Lane 380 East Vanderbilt Way
San Bernardino,CA 92415-0022 San Bernardino,CA 92408
City ofRedlands
35 Cajon Street
Redlands,CA 92373
Project Tim Agreement for Use of Water Facilities
Project Location-Specific: City of Redlands-Texas Grove Reservoir
Project Location-City- Redlands Project Location-County: San Bernardino
Description of Nature,Purpose and Beneficiaries of Project:The project is an agreement between ft San Be diem Valley
-Municival Water District ("Valley District"} and the City of Redlands ("City"} (collectively "Parties) ppMd&M or the
ve , the f;
we ofwater storage facilities and well capacity Under the aWe�-- t,Valley District will Purchase 2.3 million
gallons of waciby in the City's existing Texas Grove Reservoir which is connected to Valley District's Redlands Pump Station that
delivers water to Valley Districts Central Feeder Pipeline. Valley District will have an annual option of awdiasing up to 20A0 acre-
feet of existim well,capacity to the extent such is to
pos-Mone,the need for Valley District to construct new water facilities in the area. The project involves the operation of existing
facilities within existira limits established by applicable laws,regulations,agreements,and.permits,
Name ofPubBc Agency Approving Project:.. San Bernardino Valley Municipal Water District and City of Redlands
Name of Person or Agency Carrying Out Project: Son Bernardino Valley Municipal Water District,City of Redlands
Exempt Status. (check one)
El Ministerial(Sec.21080(bX 1);15268);
13 Declared Emergency(Sec.21080(b)(3);15269(a));
13 Emergency Project(Sec.21080(b)(4);15269(b)(c));
0 Categorical Exemption. State type and section number: Sec.15301,15303
El Statt"Exemptions. State code number.
Reasons why project is exempt: The Project is categorically exempt under section 15301 of the CE_QA Guidelines use it
involves the operation of existing facilities within existing limits established by applicable laws,regulations, ,agreements and
permits. Vallev District will make use of existing storage and well cana6tv not n",ri— by the City thus there will be no
emmision ofthose facilities. The connection between the Reservoir and existing pipelines is categorically W=Wt under section
15301 as an addition to existing structures,and alternatively is categorically exempt under section 15303 as an extension of ga
existing Pipeline ofthe.length necessary to serve the Reservoir.
Lead Agency Area Code/Telephone/Extension:{9091387-9226
Contact Person: Doug Headrick General Manager
If filed by applicant
1. Attach certified document of exemption finding.
2. Hasa Notice ofExemption been filed by the public agency approving the projecr.) Yes No
Signature: Date:— Title: Gee
IN Signed by Lead Agency Date received for filing at OPR:
13 Signed by-Applicant
March 2013
Page 19
C:\Docurnents and SettingsIfillianj\Local SettingsVI-emporary Internet Files"Content,Outlook\27GX6R
1A I I r 1 10 t'2 r-1% V6Redlands March Agrat