2012/09/19 Eastern Municipal Water District (EMWD) Perris Desalination Program MOU EXHIBIT "B"
MEMORANDUM OF UNDERSTANDING FOR THE PERRIS DESALINATION PROGRAM —
BRACKISH WATER WELLS 94, 95, AND 96 BETWEEN EASTERN MUNICIPAL WATER
DISTRICT, WESTERN MUNICIPAL WATER DISTRICT, THE COUNTY OF RIVERSIDE, THE
CITY OF MENIFEE, THE CITY OF PERRIS AND THE CITY OF MORENO VALLEY
This Memorandum of Understanding ("MOU") is made and entered into this 19th day of
September, 2012, between and among EASTERN MUNICIPAL WATER DISTRICT, a public
agency (hereinafter "Eastern"); WESTERN MUNICIPAL WATER DISTRICT, a public agency
(hereinafter "Western"), THE COUNTY OF RIVERSIDE, a political subdivision of the State of
California ("County"), THE CITY OF MENIFEE, a municipal corporation (hereinafter"Menifee"),
THE CITY OF PERRIS, a municipal corporation (hereinafter "Perris"), and THE CITY OF
MORENO VALLEY, a municipal corporation (hereinafter "Moreno Valley"). Eastern, Western,
County, Menifee, Perris, and Moreno Valley are hereinafter sometimes referred to individually
as a Party and collectively as the "Parties."
RECITALS
WHEREAS, the Lakeview/Hemet North Groundwater Management Zone contains brackish
groundwater which, if desalinated, could provide a potable water supply to over 40,000 people
in portions of the disadvantaged communities of Perris and Menifee ; and
WHEREAS, the Perris II Desalination Facility project will provide the capacity to treat brackish
groundwater and produce approximately 6,000 acre-feet per year of potable water; and
WHEREAS, production of this potable water would reduce Eastern's reliance on imported water
by approximately Four and One-Half Percent (4.5%); and
WHEREAS, new brackish water wells are required to produce water for treatment at the Perris I
and Perris II Desalination Facilities; and
WHEREAS, Eastern has previously obtained a grant from the Santa Ana Watershed Project
Authority "SAWPA")to build Brackish Water Well 93; and
WHEREAS, Eastern intends to install Brackish Water Wells 94, 95, and 96 to provide additional
water for desalination (the "Perris Desalination Program — Brackish Water Wells 94, 95, and 96,"
or"Project"); and
WHEREAS, the Project will allow existing brackish water wells to be refurbished while
maintaining current production capacities; and
WHEREAS, to fund a portion of the construction of the Project, Eastern is preparing an
application to the Santa Ana Watershed Project Authority ("SAWPA") for a grant in the amount
of up to Seventy Five Percent (75%) of the total project costs, which are estimated to be Ten
Million Two Hundred and Thirty Two Thousand Four Hundred Dollars ($10,232,400) under the
One Water One Watershed ("OWOW") Program; and /
NOW, THEREFORE, in consideration of the above recited premises, which are incorporated
herein by reference, together with the mutual covenants herein contained and attached hereto,
it is agreed that:
AGREEMENT
1. EASTERN'S RESPONSIBILITIES. Eastern shall be the lead agency for the construction
of the Project in accordance with the Plans and shall have primary responsibility for
inspection and construction of the Project. Eastern shall be the grant recipient and
administrator for the OWOW grant. Eastern shall also be responsible for choosing and
paying (with grant and matching funds) for a contractor to complete the well drilling, well
equipping, and transmission pipeline construction work contemplated under the Project.
Eastern will provide the Match Funding of at least Twenty Five Percent (25%) of the total
costs for the Project. Match Funding may include planning and design costs incurred by
Eastern after September 30, 2008. Eastern will own and operate the wells and
transmission lines upon completion of the Project. Eastern shall ensure that all of the
Parties are named as additional insured under any policy of insurance related to
construction of the Project.
2. WESTERN'S RESPONSIBILITIES. Western shall be responsible for a portion of the
collaborative planning efforts for the Project, and will support and assist in the regional
effort to utilize local groundwater resources.
3. COUNTY'S RESPONSIBILITIES. County, through its Environmental Health Department,
shall be responsible for collaborative planning efforts for the Project, and will support and
assist in the regional effort to utilize local groundwater resources.
4. MENIFEE'S RESPONSIBILITIES. Menifee shall be responsible for supporting, assisting
and collaborating in the planning efforts for the Project to utilize local groundwater
resources.
5. PERRIS'S RESPONSIBILITIES. Perris shall be responsible for collaborative planning
efforts for the Project, and will support and assist in the regional effort to utilize local
groundwater resources.
6. MORENO VALLEY'S RESPONSIBILITIES. Moreno Valley shall be responsible for
collaborative planning efforts for the Project, and will support and assist in the regional
effort to utilize local groundwater resources.
7. ALL PARTIES' RESPONSIBLITIES. The Parties agree to collaborate on an outreach
program to inform the affected communities of the efforts to utilize local groundwater
resources.
2
8. NOTICES. Any written communication required or permitted to be given hereunder will
be deemed received upon personal delivery or 48 hours after deposit in any United
States mail depository, first class postage prepaid, and addressed to the party for whom
intended, as follows:
If to Eastern: Eastern Municipal Water District
PO Box 8300
Perris, CA 92572-8300
Attn: Paul D. Jones, General Manager
If to Western: Western Municipal Water District
14205 Meridian Parkway
Riverside, CA 92518
Attn: John Rossi, General Manager
If to County: County of Riverside
Department of Environmental Health
PO Box 7600
Riverside, CA 92503
Attn: John Watkins, Deputy Director
If to Menifee: City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: William Rawlings, City Manager
If to Perris: City of Perris
101 North "D" Street
Perris, CA 92370
Attn: Richard Belmudez, City Manager
If to Moreno Valley: City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Attn: Henry T. Garcia, City Manager
9. GENERAL. This MOU contains the entire agreement between the Parties with respect
to the matters herein provided for and may only be amended by a subsequent written
amendment executed by all parties. This MOU may be executed in counterparts, each
of which shall be deemed an original but which together shall constitute a single
agreement.
10. INDEMNIFICATION._In contemplation of the provisions of Section 895.2 of the
California Government Code imposing certain tort liability jointly upon public entities
solely by reason of such entities being parties to any agreement as defined by Section
895 of the Code, the Parties hereto, pursuant to the authorization contained in Section
895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages
including, but not limited to, claims, demands, losses, liability, costs and expenses
including reasonable attorneys fees, resulting from the negligent of wrongful acts or
omissions of their employees or agents in the performance of the MOU, and each Party
3 /
shall indemnify, defend and hold harmless the other Parties from such demands,
damages, losses or liabilities for their negligence.
11. INVALIDITY; SEVERABLITY. If any portion of this MOU is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall constitute in full force and effect.
12. SUCCESSORS AND ASSIGNS. This MOU shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
13. SIGNATURE CLAUSE. The signatories hereto represent that they have been
appropriately authorized to execute this MOU on behalf of the Party for whom they sign.
[End = Signatures on Following Page]
4
IN WITNESS WHEREOF, the parties hereto have executed this MOU
EASTERN MUNICIPAL WATER DISTRICT Cl OF M�ErNIF E
By: By: V
Paul D. Jones II, General Manager Joh . Denver, Mayor
Date: Date:—off , t F- Z
77
Josep c er, Attorney
WESTERN MUNICIPAL WATER DISTRICT TY OF PE RIS
By: By:
John Rossi, General Manager Richard Belmudez, City Manager
Date: Date:
COUNTY OF RIVERSIDE CITY OF MORENO VALLEY
DEPARTMENT OF ENVIRONMENTAL HEALTH
By: By:
John Watkins, Deputy Director Henry T. Garcia, City Manager
Date: Date:
5