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(Update 11/22/2017)
MEMORANDUM OF UNDERSTANDING
FOR
PREPARATION OF SAN JOAQUIN RIVER/FRIANT-KERN CANAL
WATERSHED SANITARY SURVEY UPDATES
THIS AGREEMENT, made and entered into by and between the Agencies and
Companies (hereinafter referred to as “Participants”) listed in Attachment A and incorporated as
part of this Memorandum of Understanding (MOU);
W I T N E S S E T H
WHEREAS, each of the Participants is required by the State Water Resources
Control Board – Division of Drinking Water (DDW) to prepare a Watershed Sanitary Survey
Update of the San Joaquin River in conformance with the Watershed Sanitary Survey Guidance
Manual and Title 22, Division 4, Chapter 7, Article 7 of the California Code of Regulations; and
WHEREAS, those Participants listed in Attachment B (attached herewith) are
also required to complete a Watershed Sanitary Survey Update on the Friant-Kern Canal under
the same regulatory requirements; and
WHEREAS, a scope of services has been prepared and submitted to DDW for the
preparation of a report that will meet the requirements of DDW, see Attachment I, and the
applicable regulations; and
WHEREAS, it has been determined that it would be most cost effective for all
Participants to join together in the preparation of one document to satisfy all of the requirements
for an update of the Watershed Sanitary Surveys; and
WHEREAS, it has been determined that it would be best to select one agency to
act as a lead agency for the receipt of funds, review and approval of bills by the consultants and
payment of bills incurred in the preparation of said Watershed Sanitary Survey Updates.
Agreement No. 18-05017-1387
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NOW, THEREFORE, each of the Participants do agree as follows:
1. All Participants will be responsible for the authorization and transmittal of
their total share of the estimated costs for the Watershed Sanitary Survey Updates as identified in
Attachment C (attached herewith) and discussed further in Paragraph 6 to the lead agency
(paragraph 2). There are certain costs associated with this type of study that are independent of
the size of the water purveyor, therefore, the costs were distributed as follows:
S.J. River - $6,500 for every agency except those in the upper portion of the
watershed (Bass Lake - $5,000, Wishon Cove - $5,500) with the
remaining costs being prorated on water use.
F/K Canal - Only for those agencies with deliveries from the F/K Canal.
$6,500 per agency with the remaining costs being prorated on the
portion of the canal utilized by a particular agency.
Individual Participant share costs for those agencies/entities requiring preparation of the
Watershed Sanitary Survey Update of the San Joaquin River and/or Friant-Kern Canal are listed
in Attachments A and B respectively.
2. The Lindsay-Strathmore Irrigation District will act as the lead agency for
the purposes described within this MOU.
3. As lead agency, the Lindsay-Strathmore Irrigation District will establish
an account for receipt of funds from the Participants and the issuance of warrants from said fund
for the payment of costs incurred in completing the study.
4. Monthly bills from the firms of Dennis R. Keller and James H. Wegley,
Consulting Engineers and AECOM Technical Services, Inc., will be reviewed and approved by
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the Lindsay-Strathmore Irrigation District for payment with funds derived from the Watershed
Sanitary Survey Update account. In addition, legal costs incurred that are directly related to the
preparation of the Watershed Sanitary Survey Updates and/or the MOU by Lindsay-Strathmore
Irrigation District’s Counsel may also be paid from this account. All current and future
Participants agree to hold harmless, defend, and indemnify Lindsay-Strathmore Irrigation
District from and against any and all losses, costs, damages, claims, liability, or expenses,
including reasonable attorneys’ fees, in any way arising from or related to Lindsay-Strathmore
Irrigation District’s operation as the lead agency, the expenditure of funds from the Participants’
joint account and/or Lindsay-Strathmore Irrigation District’s operation as the entity that reviews,
approves, disperses and pays bills associated with the Watershed Sanitary Survey Updates.
5. The attached estimates are based on the anticipated work to be undertaken
in the preparation of the Watershed Sanitary Survey Updates for the San Joaquin River and/or
Friant-Kern Canal accounts and include a ten (10) percent contingency. If it is determined that
costs will exceed the estimates and contingencies included in this MOU, approval shall be
obtained from the Participants prior to proceeding with the work. Upon completion of the work,
all funds (including any contingencies) remaining within the San Joaquin River and Friant-Kern
Canal accounts will be refunded to the original Participants, based on a pro rata share of their
initial contribution.
6. The Participants agree to forward their share of the cost to complete the
study(s). The initial contribution shall be as a minimum, the Total (without contingencies)
shown in Attachment C. Those Participants that wish to initially contribute the Total (with
contingencies) may do so and any refund to an individual Participant will be in accordance with
their initial contribution (with or without contingencies). In the event the funding contingency is
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deemed necessary to complete the study(s), those Participants that contributed only the minimum
amount initially, as previously defined, will provide the additional funding required to bring their
contribution to the funding level shown in Attachment C under Total (with contingencies). The
initial funding amount shall be forwarded to the Lindsay-Strathmore Irrigation District by
February 16, 2018.
7. There may be small water purveyors in the upstream watershed that may
also decide to participate in this Watershed Sanitary Survey Updates, but have not been included
as one of the original Participants. To be added as a Participant to this agreement, a small water
purveyor will be assessed a minimum charge of $2,500 each for their share of the study as
originally proposed. This charge may be increased, depending on the amount of additional work
that is required for their inclusion, and/or, as deemed appropriate by the original Participants.
For purposes of this MOU, a “small water purveyor” is defined as a water user who may utilize,
through contract and/or water rights, not more than 10 acre-feet of water.
8. Other larger entities that determine that it is in their best interest to utilize
the information and results of the Watershed Sanitary Survey Updates after the execution of this
MOU by the original Participants, will be assessed a minimum cost to be computed as if they
were an original Participant. In addition, they will be responsible for any additional costs
required for their inclusion, and/or as deemed appropriate by the original Participants. For
purposes of this MOU, “larger entities” are defined to include all entities that are not included in
the definition of small water purveyors.
9. Funds provided by additional agencies (both small and larger water
purveyors) requesting to be included in the Watershed Sanitary Survey Updates after adoption of
this MOU by the Participants in excess of that required to prepare the Watershed Sanitary Survey
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Updates and any additional amount which is required to add said agencies, will be refunded to
the original Participants, based on a pro rata share of their original costs, considering the
individual components of the Watershed Sanitary Survey Updates for the San Joaquin River
and/or the Friant-Kern Canal portions of the study that are being reimbursed by any such joining
entity.
10. It is understood and agreed by and between the parties hereto, that the
reports generated by Dennis R. Keller and James H. Wegley, Consulting Engineers and AECOM
Technical Services, Inc. shall be the property of the Participants and shall be released only to
DDW and/or such other agencies as the Participants may determine.
11. The estimated costs for the Watershed Sanitary Survey Updates of the
San Joaquin River and/or the Friant-Kern Canal, not including the contingency amounts shown
in Attachments A, B and C are as follows:
A. San Joaquin River:
1. Sanitary Survey Update – $122,354
2. Administration and Coordination – $15,000
$137,354
B. Friant-Kern Canal:
Sanitary Survey Update – $119,225
12. Current and future Participants understand and agree that the City of
Fresno, while not a signatory under this MOU, will nonetheless receive the benefits of the MOU
including the right to use reports generated by the consultants. Notwithstanding anything to the
contrary, Participants will only be liable for their pro rata costs and expenses after deducting
from the total due the pro rata costs and expenses of the City of Fresno. The Participants shall
not be guarantors or sureties of the obligations of the City of Fresno.
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13. This MOU constitutes the entire agreement of the parties hereto, and shall
be binding upon their heirs, successors and assigns. Any modification of this MOU must be in
writing, signed by each Participant.
IN WITNESS WHEREOF, this MOU has been executed by the parties as of the date
shown below (execution authorized in counterparts).
BASS LAKE WATER COMPANY
By: ___________ _
Dated: ------------
MADERA COUNTY
By: ___________ _
Dated: ___________ _
FRESNO COUNTY WATERWORKS No. 18
By: ___________ _
Dated: ___________ _
FRESNO COUNTY
By:--,1&-f]~e~~==--:PZ> -
Dated: ----=2._---=b_-..__.(tj ____ _
KERN COUNTY WATER AGENCY
By: ___________ _
Dated: ------------
ATTEST:
BERNICE E. SEIDEL
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CITY OF LINDSAY
By: ____________ _
Dated: ___________ _
LINDSA Y-STRATHMORE
IRRlGA TION DISTRICT
By: ____________ _
Dated: ___________ _
STRA THMORE PUBLIC UTILITY
DISTRICT
By: ____________ _
Dated: ___________ _
TERRA BELLA IRRIGATION DISTRICT
By: ___________ _
Dated: ___________ _
CITY OF ORANGE COVE
By: ___________ _
Dated: ___________ _
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ATTACHMENT A
San Joaquin River Sanitary Survey Update
Participants and Estimated Costs
ESTIMATE CONTINGENCY TOTAL
1. Bass Lake Water Company $5,880 $588 $6,468
2. Madera County ∠1 $18,987 $1,899 $20,886
3. Fresno County Waterworks No. 18 $6,954 $695 $7,649
4. Fresno County $8,072 $807 $8,879
5. City of Fresno < 2 $42,862 $4,286 $47,148
6. City of Orange Cove $11,393 $1,139 $12,532
7. City of Lindsay $10,486 $1,049 $11,535
8. Lindsay-Strathmore Irrigation District $6,860 $686 $7,546
9. Strathmore Public Utility District $7,358 $736 $8,094
10. Terra Bella Irrigation District $9,998 $1,000 $10,998
11. Kern County Water Agency $8,504 $850 $9,354
∠ 1 Representing Wishon Cove, Hidden Lake and Sumner Hill
∠ 2 Shown for reference only. As per Paragraph 12 of the MOU, cost will be paid separately
from this agreement by the City of Fresno.
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ATTACHMENT B
Kern Canal Sanitary Survey Update
Participants and Estimated Costs
ESTIMATE CONTINGENCY TOTAL
1. City of Fresno ∠ 1 $7,488 $749 $8,237
2. City of Orange Cove $12,147 $1,215 $13,362
3. City of Lindsay $17,640 $1,764 $19,404
4. Lindsay-Strathmore Irrigation District $17,625 $1,763 $19,388
5. Strathmore Public Utility District $18,119 $1,812 $19,931
6. Terra Bella Irrigation District $19,977 $1,998 $21,975
7. Kern County Water Agency $26,236 $2,624 $28,860
∠ 1 Shown for reference only. As per Paragraph 12 of the MOU, cost will be paid separately
from this agreement by the City of Fresno.
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ATTACHMENT C
Total Participant Estimated Costs
Without Contingencies
With
Contingencies
S.J. RIVER F/K CANAL TOTAL TOTAL
1. Bass Lake Water Company $5,880 --- $5,880 $6,468
2. Madera County ∠1 $18,987 --- $18,987 $20,886
3. Fresno County Waterworks No. 18 $6,954 --- $6,954 $7,649
4. Fresno County $8,072 --- $8,072 $8,879
5. City of Fresno ∠ 2 $42,862 $7,488 $50,350 $55,385
6. City of Orange Cove $11,393 $12,147 $23,540 $25,894
7. City of Lindsay $10,486 $17,640 $28,126 $30,939
8. Lindsay-Strathmore Irrigation
District
$6,860 $17,625 $24,485 $26,934
9. Strathmore Public Utility District $7,358 $18,119 $25,477 $28,025
10. Terra Bella Irrigation District $9,998 $19,977 $29,975 $32,973
11. Kern County Water Agency $8,504 $26,236 $34,740 $38,214
∠1 Representing Wishon Cove, Hidden Lake and Sumner Hill
∠ 2 Shown for reference only. As per Paragraph 12 of the MOU, cost will be paid separately
from this agreement by the City of Fresno.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
CONTRACTOR AND/OR CONSULTANT
(Authorized Signature)
Print Name and Title
Mailing Address
City, State, and Zip Code
FOR ACCOUNTING USE ONLY
ORG No.: 9174
Account No. 7040
Fund No. 0830
Subclass No. 16000
1
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
By (hJ)L ~
Deputy