HomeMy WebLinkAboutID# 15-697 Amendment No 2 Operation & Maintenance of Axial Flow Pump Destrafication SystemCITY OF
LA1 E LSI OKE
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: JULY 28, 2015
SUBJECT: Amendment No. 2 to the Agreeme
Maintenance of the Axial Flow Pump De
Elsinore
Recommendation
Staff recommends the City Council approve and authorize the City Manager to execute
Amendment No. 2 to the Agreement for the Operation and Maintenance of the Axial
Flow Pump Destratification System for Lake Elsinore, in substantially the form attached
and in such final form as approved by the City Attorney.
Background / Discussion
In February 2003, the City entered into a ten -year Agreement for the Operation and
Maintenance of the Axial Flow Pump Destratification System for Lake Elsinore. Per the
terms of the Agreement, the annual cost to operate and maintain the lake, which was
determined to be $146,000, was to be equitably distributed amongst Riverside County
(County), Elsinore Valley Municipal Water District (EVMWD), and the City of Lake
Elsinore (City).
The original Agreement expired on June 30, 2013 and was extended for a period of one
(1) year in Amendment No. 1. This Amendment No. 2 extends the term of the
Agreement to expire on June 30, 2016. All other terms remain unchanged.
The County Board of Supervisors approved Amendment No. 2 on June 30, 2015.
Fiscal Impact
This Amendment No. 2 will provide for the ongoing operation and maintenance of Lake
Elsinore at no additional net cost beyond the City's share of $48,667, as stipulated in
the Original Agreement.
Amendment No. 2 to the Agreement for the Operation and Maintenance of the Axial
Flow Pump Destratification System for Lake Elsinore
July 28, 2015
Page 2
Prepared by: Mia Beltran
Management Analyst
Approved by: Jim Smith
Interim Public Works Director
Approved by: Jason Simpson
Administrative Services Director
Approved by: Grant M. Yates
City Manager
Attachments: Attachment A — Amendment No. 2
Attachment B — Amendment No. 1
Attachment C — Original Agreement
!11 1 A1111Y11." I 1 A
WHEN DOCUMENT IS FULLY EXECUTED RETURN
CLERK'S COPY
to Riverside County Clerk of the Hoard, Stop 1010
Post O(tice Box 1147, Riverside, Ca 92502 -1147
9'hank you.
SECOND AMENDMENT TO THE AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF THE AXIAL FLOW WATER
PUMP DESTRATIFICATION SYSTEM FOR LAKE ELSINORE
AMENDMENT NO. 2 is made by and among the COUNTY OF RIVERSIDE ( "COUNTY "),
the CITY OF LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER
DISTRICT ( "DISTRICT'). The COUNTY, CITY and DISTRICT are hereinafter collectively
referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement
for the Operation and Maintenance of the Axial Flow Water Pump
Destratification System ( "AGREEMENT') signed and made effective
December 2002 (copy attached as Appendix A).
B. The initial term (Section 4) of the existing AGREEMENT was for ten years
and was scheduled to terminate on June 30, 2013 unless otherwise
extended by the PARTIES.
C. In June 2013 the PARTIES agreed to change the expiration date from June 30,
2013 to June 30, 2014 thereby extending the term of the original AGREEMENT
by one year (a copy of the First Amendment is attached as Appendix B).
D. The PARTIES concur that it would be mutually beneficial to enact a new
O &M Agreement in order to ensure stable operation of the Axial Flow
Water Pump Destratification System. Consequently, the PARTIES are
actively engaged in developing a new long -term O &M Agreement.
E. The PARTIES believe it is essential to continue operation of the Axial
Flow Water Pump Destratification System during negotiations of the
terms and conditions fora new long -term O &M Agreement as a show of
good faith and the PARTIES sincere commitment to improving water quality
in Lake Elsinore.
NOW, THEREFORE, in consideration of the facts recited above, and the covenant,
conditions and promises contained in the existing AGREEMENT, the PARTIES mutually
agree as follows:
AMENDMENT
1of3
II IN a n 9R1K ? --)
1. Per Section 5, Extension of Term, of the AGREEMENT the PARTIES
hereby mutually agree to extend the term of the AGREEMENT two years,
to expire on June 30, 2016.
2. All other terms and conditions in the existing AGREEMENT shall
remain unchanged by this amendment during the extended term.
3. The CITY shall continue to render services for the operation and
maintenance of the Destratification System during said extended term.
4. This Amendment may be executed simultaneously or in any number of
counterparts, each of which shall be deemed an original and together
shall constitute one and the same instrument.
5. This Amendment shall be in effect June 30, 2014 upon execution by all
PARTIES.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year
first set forth above, which date shall be considered by the Parties to be the effective date of
this Agreement
For THE CITY OF LAKE ELSINORE
m
Title:
ATTEST
Title.
Dated:_
Dated.,
APPROVED AS TO FORM
0Y — a Dated.,
2 of 3
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
SY Dated,
Title:
Forthe COUNTY OF RIVERSIDE
By m �1^ ; Doted, -
.e�a�2��l�;�a�
Title: CHAIRMAN, BOARD OF SUPERVISORS
ATTEST:
KEG - RPEN -IHE , lerk
FORM APPROVED COUNTY COUNSEL By
BY: - -�`- 6 1 1$ DEP Y
AAR� V iIIS� DATE
3of3
ATTACHMENT B
APPENDIX B
First Amendment to Extend the Term of the Agreement
for the Operation and Maintenance of the Axial Flow Water Pump
Destratification System for Lake Elsinore
This amendment is made by and among the COUNTY OF RIVERSIDE ( "COUNTY "), the CITY OF
LAKE ELSINORE ( "CITY ") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT").
The COUNTY, CITY and DISTRICT are hereinafter collectively referred to as the "PARTIES."
RECITALS
A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for
the Operation and Maintenance of the Axial Flow Water Pump
Destratification System ( "AGREEMENT ") signed and made effective
December 2002 (copy attached as Appendix A).
B. The initial term (Section 4) of the existing AGREEMENT was for ten years and
was scheduled to terminate on June 30, 2013 unless otherwise extended by
the PARTIES.
C. The PARTIES concur that it would be mutually beneficial to enact anew O &M
Agreement in order to ensure stable operation of the Axial Flow Water Pump
Destratification System. Consequently, the PARTIES are actively engaged In
developing a new long -term O &M Agreement.
D. The PARTIES believe it is essential to continue operation of the Axial Flow
Water. Pump Destratification System during negotiations of the terms and
conditions for a new long -term O &M Agreement as a show of good faith and
the PARTIES sincere commitment to improving water quality in Lake Elsinore.
NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions
and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows:
AMENDMENT
1. Per Section 5, Extension of Term, of the AGREEMENT the PARTIES hereby
mutually agree to extend the term of the AGREEMENT so that the initial term
expires on June 30, 2014 rather than June 30, 2013.
2. All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment during the extended term.
3. The CITY shall continue to render services for the operation and maintenance
of the Destratification System during said extended term.
Page 1 of 2
APPENDIX B
4. This Amendment may be executed simultaneously or in any number of counterparts,
each of which shall be deemed an original and together shall constitute one and the
same instrument.
5. This Amendment shall be in effect June 30, 2013 upon execution by all three PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For the C OF LA ELSINORE
$Y _ Dated: October 23, 2013
Title:
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
B:y — Dated
Title:
For the COLN 79 F 1VE I E _
tp
RY - I Dated. SEP 2 4 2013
'Title: G RMAN ARD OF SUPERVISORS
FOR PROVEI? UO
BY:
KARIN . WA S -8A7AN , t0 A F x''�
MT ST:
KEG
g1r _. -EP T
APPENDIX I3
4. This Amendment may be executed simultaneously or in any number of
counterparts, each of which shall be deemed an original and together shall
constitute one and the same instrument.
5. This Amendment shall be in effect June 30, 2013 upon execution by all three
PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By Dated: °tl`,� -1"3
Title; 444-it 3r4duf /122 /
For the COUNTY OF RIVERSIDE
By Dated:
Title: -
Page 2 of 2
ATTACHMENT C
Appendix A
Ai;RI?I'MENT FOR TIIC, OPERATION AND MAINTENANC1s
OI +TNE AXIAL I,I,O W WATER PUMP DESTRA"I'IVICATION SYS "171"i`I
FOR LAKE 1 ?LSINORE
THIS AGREFML'Nf is made and effective (Iris.._, /j� day ofPebruary, 2003 by and among
the COUNTY OF RIVERSIDI? ( "COUNTY "), the CITY OF LAICB L;LSINORL ( "CITY ") and the
ELSINORE VALLEY MUNICIPAL WATER DISTRICT ( "D)STRICT "). The COUNTY, CITY
and DISTRICT are sometime collectively referred to as the "PARTIES ".
Ri?CITAI,S
A. ']'he C0IJNTY, CITY and DISTRIC I' aro Member Agencies of the Lake Elsinore San
Jacinto Watersheds Authority, a joint powers public agency, formed for the purpose of implementing
projects and programs to rehabilitate and improve the San Jacinto and Lake CIsinore Watersheds and
the water quality of Lake Blsinorc ( "LESJWA" ).
B. The PARTIL;S propose the design, construction and installation of project commonly
known as the "Axial Flow Water Pump Destratification System for Lake Elsinore ". The
Destratification System is intonded to seduce fish kills and algal densities in Lake Elsinore by:
Reducing internal phosphorus loading from Lake bottom sediments;
t. inb u, < .
increasing dissolved oxygen in Lakc bottom waters.
The Destratification System is expected to be operational by early summer of 2003.
Upon completion, the CITY will own and operate the Systcm.
C. Once operational, the Destratification System is expected to avoid the substantial
adverse environmental and aesthetic impacts that result from harmful algae blooms and resultant fish
kills which, in turn, hurt the economy of the region and severely impacts tourism. For those reasons,
the COUN'T'Y, the CITY anti the DISTRICI' have agreed to share equally the cost of operating find
maintaining the Destratification System.
NOW, T11BREFORE, in consideration of the facts recited above, and the covenants,
conditions and promises contained herein, the PARTIES mutually agree as follows:
FEES 11 2093 3•��
ACRE MT NIT
CITY's Obligations. Subject to all of the provisions of this Agreement, the CITY
hereby a+;recs:
a. Provision of Services: To provide, or cause to be provided, all labor, tools,
equipment, vehicles, materials, supplies and qualified personnel necessary to manage, operate,
nlonilol" maintain and repair th8 T.)CSn'atifiC;hll Ott System subiecl to Ilnc approved budget EIS set
forth in Section LL and the COUNTY'S and DISTRICT's payment of financial contributions
as set forth herein.
b. Financial Contribution: To contribute one -third (1/3) of the cost of
managing, operating, monitoring, maintaining and repairing the llesu'alif cation System.
c, Compliance: To comply with the requirements of all federal and state
statutes, rules and regulations governing the Dcstratifcation System.
d. :Monitoring: To develop and, with the approval of t}rc COUN'T'Y, DISTIUCT
and LESJWA, implement a field testing, sampling and monitoring program that will, anong
other things, nncasurc dissolved oxygen and lempo•alure is Lake Elsinore;
C. Reports: To prepare and submit quarterly and annual reports stnumaizing
operation, maintenance and monitoring activities and other mutters of interest as agreed upon
by the PARTIES and L,ESJWA. The CITY shall also provide such other written or oral
reports regarding the operation and maintenance of the Destratification Systciu as may be
and _ ;
f. Budge(: To prepare and submit an annual budget to the COUNTY and the
DISTRICT (with a copy to I- 13SJWA), for review and approval not later than ninety (90) days
before the commencement of any fiscal year (July i to June 30), which budget shall estimate
the expenditures necessary for the operation, maintenance, repair and replacement of the
Destralification System. III the event a budget acceptable to the PARTIES is not obtained
prior to the start of a fiscal year, the CITY shall continue to operate the Destratification
Systenn at the level of expenditure authorized by the last approved budget, and the PARTIES
shall fund such budget until a new budget is approved.
g. Books and Records: Maintain, and retain for a period of not less than four (4)
years following lernhivalion of this Agreement, full and accurate books and accounts in
accordance with tho practices established by or consistent with those utilized by the Controller
of the State of California for public agencies. Such books and accounts shall be maintained
on a fiscal year basis (July ) to June 30). Such books and accounts shall be maintained by the
CITY as public records.
h. Safety: The CITY shall be solely and completely responsible for the saf'ep of
all persons and property reladve to the Destrati0catien System. This responsibility shall be
continuous and not be limited to normal working hours. 'Elie CITY's duty to ensure safety
shall include, without limitation, the placement of buoys and lights and to iakc all other
precautions necessary to protect boaters, skiers and swimmers in Lake Elsinore.
1. Indemnification: CiTY agrees to fully indenntify the COUNTY. DISTRICT
and LESJWA against, and hold each of them and their respective emp)ovices and agents
completely free and harmless from any cost, expense, claim, demand jud,ntent, loss, injury
and /or liability of any kind or nature. including personal injury, death or properiv damage,
asserted, or otherwise, whether in contract or tout, that may arise from, directly or indirecih,
or be occasioned by, or be in any way connected with the CiTY's performance, and/or failure
to perform, under this Agreement of the maintenance and operation of the Dcstratification
System or any negligent act or omission of Elie CITY, its employees, agents raid /or
subcontractors.
j, Inspection: To pennit inspection of the Destratificatiou System by
representatives of the COUNTY, DISTRICT and/or LESJWA and regulatory agencies.
k. Liaison: To designate the City Manager, or his /her designee as the CITY's
liaison between the CITY and the COUNTY and the DISTRICT; provided, however, (lie
CITY msen es the right to change, from time- to•time, this designation.
2. COLNTY's Obligations. The COUNTY agrees to:
Ell Financial Contribution; To contribute one -third (1/3) of the cost of
managing, operating, monitoring, maintaining and repairing the Dcstratification System.
b. Liaison: To designate the County Executive Officer, or his /her designee, as
the liaison between the CITY and the COUNTY; provided however, the COUNTY reserves
the right to change, from tine- io.time, this designation.
C. Cooperation With the CI'T'Y: The COUNTY shall cooperatively assist the
CITY, as appropriate and nccessary,'in performing its duties hereunder.
3. DISTRICT's Obligations. The DISTRICT agrees to:
a. Finaricial Contribution: To contribute one -third (1/3) of the cost of
managing, operating, monitoring, maintaining and repairing the Deshalificaiion System.
b. Liaison: To designate the General Manager or his /her designee as the liaison
between the CITY and the DISTRICT; provided, however, the DISTRICT reserves the right
10 change, from timo-to -time, this designation.
C, Cooperation With the CI110 'file WSTRICT shall cooperatively assist the
CITY. as approprime and necessary, in perforating its duties hmsmider.
A. Commenewrico( and Termination of AgmMucnt. The CITY sha)I begin rendering
services hereunder promptly following the convcy;mce of title to to Destra Kiication System to a by
LESJWA and shall continue to operate and nudil ain the System f'or ten O0) full fiscal years
thereafter. In the event qte CITY assigns the Destratifinuion System to another entity, the CITY
shall be responsible for ensuring that the assignee shall properly staff, (gnaw and riMmMn ail
portions of the System during its useful life and in compliance with this Agreement. During the term
hereof, the CI'T'Y shall not abandon, substantially dlsmilkluc the use of, lease or otherwise dispose of
the Destratification System or any significant part or portion dwreof, without the prior tcritten
approval of the COUNTY, the DISTRICT and LESJWA.
S. Extension of Term. This Agreement may be extended beyond the date of termination
upon such leans and conditions as tale PARTIES may mutually agree upon.
6, Distribution of Surplus Funds. I[ upon termination of this Agreement there are any
unexpended funds in the custody or control of the CITY including, but not limited 1% replace cin
funds, they shall be distributed to the PARTIES A proportion to their respective financial
contributions hereunder.
7. Nutrient MitignUou Credit, The PARTIES ore informed and believe that the
California State Water Resources Control Board, a water quality regulatory agency, is contemplating
the adoption of a program that may award nut tent mitigation credits, or offsets, to owners ofprojects
such as the Deetralifcniinn S)Iste'm Thornfnro tl,n PAPTIGS_s,yvntt.L rn., � lu .�'tnnt is
awarded such credits or offsets, (he PARTIES shall share tine some equally or in such other proportion
as ilia PARTIES may mutually agrcc upon.
S. Miscellaneous PrOVISIUnS
a. Independent Contractor: The CITY shall perform file services required
herewtder in the CITY's own way as an independent contractor, and not as an employee of the
COUNTY or the DISTRICT.
It Subcontractors: The CITY may, at its sole cost and expcnsc, employ sash
competent and qualified professionals, consultants and subcontractors as the CITY deems
necessary.
C. Assignment: Nddtcr this AWtonem nor the Destratificamn system shall be
assigned or otherwise a ansibnod by the CITY without the prior written consent of the
COUNTY and the DISTRICT.
d. Amendment; This Agreement may be amended in writing by mutual
agreement of the PARTIES.
C. Specific Enforcomene "Phis A,;reen)ell( nnay be specilic:dly enforced by any
PARTY hereto.
f. Arbitration: Any dispute which pray aliso by and between the PARTIES to
this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted by
the Judicial Arbitration and Mediation Services, Inc., or its successor, or any Other neuual,
ia)pariial arbitration service that [lie PARTIES mutually agree upon in accordance with its
rules in effect at the time of the commencement of the arbitration proceeding, and as set forth
in (his Paragraph, The arbitrator chosen must decide each and every dispute h) accordance
with the laws of the State of California, and all other applicable laws. 'file arbitrator's
decision and award are subject tojudicial review by a Superior Court ofconnpetent venue and
jurisdiction, only for material errors of fact Or law, Upon a showing of good cause, the
arbitrator may permit limited discovery in the arbitration proceeding. Unless the PARTIES
enter into a written stipulation to the contrary, prior to the appointment of the arbitrator, all
disputes sliall first be submitted to non - binding mediation, conducted by the Judicial
Arbitration and Mediation Services, Inc., o its successor, or any other neutral, impartial
mediation service that the PARTIES mutually agree upon in accordance with its rules for such
Irradiation,
g. [snforeed Delay; Extension ol'Times o!' Performance: ht addition to
specific provisions of this Agreement, performance by any party hereunder shall not be
deemed to be in default, and all performance and other dates specified in this Agreement shall
be extended, where delays or defaults are due: )war; terrorism, moratorium, insurrection,
strikes; lockouts; riotsl floods, earthquakes; fires; casualties acts of God; acts of Ire public
enerrty: enl omits- Quaranlh)e restrict. OnS' f1 Ci0 i .,hnr( ... P IyA , of uLariSN, i•tlirnv
bovemmanial restrictions or priority; litigalion; unusually severe wcathci; inability to secure
necessary financing, labor, materials or tools; delays orally contractor, subcontractor or
supplier; acts or omissions of the other pally; acts or failures to act of any other public or
governmental agency or entity (other- than the acts or failures to act of (lie PARTIES); of any
other cause(s) beyond the control or without the fault of the party claiming an extension of
time to perform, Notwithstandiva any to the contrary in this Agreement, an extension of time
for any such cause shall be for the period of the enforced delay and shall commence to toll
from the time of the commencement of the cause, of notice by the PARTY claiming such
extension is sent to the other PARTIES within thirty (30) days or the commencement of the
CaUSC.
IN WITNESS WNFREOF, the PARTIES have caused this Agreement to be eflcctive as of the
day and year first above written.
Dated: _
Dated: -37-1.3-2,ee'3
Dated: FEB 11
APPROVED AS TO FORM:
"I" APPROVED
COUNTY COUNSa,
By
ASSiSTANTCOUNIY COUNSEL
f",LSINORE VALLEY MUNICIPAL WATI>R
DISTRICr
...... .. ..
President, Board of Directors
FEB 11 2003 3.2-4