HomeMy WebLinkAboutWSA 2000-1086_CBWCD-Amend02Rev 1.19.11
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
March 15, 2011
FROM: GRANVILLE M. BOWMAN, Flood Control Engineer
Flood Control District
DAVID H. SLAUGHTER, Director
Real Estate Services Department
ECT: COOPERATIVE AGREEMENT AMENDMENT WITH CHINO BASIN WATER
CONSERVATION DISTRICT
Acting as the Board of Supervisors for the San Bernardino County Flood Control District, approve
Amendment No. 2 to Cooperative Agreement No. 00-1086 with the Chino Basin Water
Conservation District to extend the term five years through October 24, 2015 for 23 acres of San
Bernardino County Flood Control District land in Ontario for no revenue.
(Affected Districts: Fourth)
(Presenter: David H. Slaughter, Director, 387-7813)
n Public
is no revenue associated with this amendment.
The San Bernardino County Flood Control District (District) completed the construction of the
Grove Basin Drain on February 3, 2000, the Grove Avenue Basin on February 3, 2001, and the
Riverside Storm Drain on June 29, 2004 as a means of minimizing future flooding in the Chino
Agricultural Preserve area. On October 24, 2000 (Item No. 11), the Board of Supervisors (Board)
approved a five-year cooperative agreement, No. 00-1086, with five five-year options to extend
with the Chino Basin Water Conservation District (CBWCD) for the construction of additional
improvements, including an outlet to the detention basin. The original term of the cooperative
agreement was from October 25, 2000 through October 24, 2005. In the ten years since the
agreement was originally approved, the Board has approved one amendment which is
summarized below:
cc: Flood Control -Bowman w/agreement
& Eke
Contractor c/o Flood Control
w/agreement
Auditor -Accounts Payable Manager
w/agreement
EBIX-BPO c/o Risk Management
RESD-Slaughter
County Counsel -Green
CAO-Valdez & Lowe
File - w/agreement
ml 03/21/11
ITEM 60
DATED: March 15, 2011
Page 1 of 2
Board of Supervisors
T CALENDAR)
NARDINO
District
AYE AYE
4 5
BOARD OF SUPERVISORS
COOPERATIVE AGREEMENT AMENDMENT WITH CHINO BASIN WATER
CONSERVATION DISTRICT
MARCH 15, 2011
PAGE 2 OF 2
Amendment Approval Item
Number Date No. Action
1 06-07-05 087 Exercised the first of five five-year options to extend the
term through October 24, 2010
The District notified the Real Estate Services Department (RESD) that CBWCD had provided
notice of its intent to exercise the second of five five-year options to extend the term of
Cooperative Agreement No. 00-1086 through October 24, 2015. In addition to extending the term
five years, Amendment No. 2 to Cooperative Agreement No. 00-1086 adds the new Use of
American Recovery and Reinvestment Act of 2009 Funds and Requirements and the Schedule of
Expenditures of Federal Awards language. All other terms and conditions of the cooperative
agreement remain unchanged. The agreement is in holdover due to a delay caused by the
scheduling of CBWCD's quarterly board meeting.
Summary of Cooperative Agreement Terms
Licensee: Chino Basin Water Conservation District
(Eunice Ulloa, General Manager)
Location: District's Grove Avenue Basin located on the southwest corner of
Riverside Drive and Grove Avenue in Ontario
Size: 23 acres (1,001,880 square feet of District land)
Term: Five years commencing October 25, 2010
Options: Three five-year options remain
Fee: None
Annual Increases: None
Insurance: The Certificate of Liability Insurance, as required by the agreement,
is on file with the Real Estate Services Department
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Alan L. Green, Deputy County Counsel, 387-
5288) on December 8, 2010; District (Ken Eke, Chief, Flood Control Division Operations, 387-
7995) on January 12, 2011; and the County Administrative Office (Beatriz Valdez, Principal
Administrative Analyst, 387-1852, and Janet Lowe, Administrative Analyst, 387-5380) on
February 28, 2011.
(BC: 387-7815)
03/15/11 #60
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San Bernardino County
Flood Control District
FAS
STANDARD CONTRACT
SECOND AMENDMENT
FOR OFFICIAL USE ONLY
❑
New
Change
Cancel
Vendor Code
C
S7
C
Dept.
Contract Number
00-1086 A-2
Dept. Orgn.
San Bernardino County Flood Control District
Contractor's License No.
Contract Representative Telephone
Total Contract Amount
$
Contract Type
Revenue 71 Encumbered Unencumbered Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
$
Amendment Amount
$
Fund
RIFF
Dept.
092
Organization
092
Appr.
Obj/Rev Source
8525
GRC/PROJ/JOB No
2883
Amount
$
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROD/JOB No.
Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
Project Name
ONTARIO — FCD —
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount Ito
Grove Ave Basin
Contract Type — 5 (a)
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the District, and
Name
Chino Basin Water Conservation District
Address
4594 San Bernardino Street, P.O. Box 2400
Montclair, CA 91763-0900
Telephone Federal ID No. or Social Security No.
(909) 626-2711
hereinafter called
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
WHEREAS, THIS AMENDMENT OF COOPERATIVE AGREEMENT NO 00-1086
("Cooperative Agreement") is made and enter into by and between the SAN BERNARDINO FLOOD
CONTROL DISTRICT (the "DISTRICT") and the CHINO BASIN WATER CONSERVATION DISTRICT
("CBWCD"), as follows:
WHEREAS, the DISTRICT and CBWCD desire to amend the Cooperative Agreement to
exercise its second of the five five-year options to extend the term of the Agreement and new language,
and
NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties
hereto agree the Cooperative Agreement, Contract No. 00-1086, is amended as follows:
Auditor/Controller-Recorder Use Onl
O Contract Database ❑ FAS
Input Date Keyed By
Page 1 of 4
2. The lease term shall be October 25, 2010 through October 24, 2015 (herein also referred
to as ("extended term").
3. ADD a new Paragraph, USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 FUNDS AND REQUIREMENTS
REQUIREMENTS: This Contract may be funded in whole or in part with funds provided by the American
Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605
of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or
repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel
and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United
States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured
goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory
quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the
cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be
inconsistent with the public interest. This is referred to as the 'Buy American" requirement. Request for
a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of
a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis -
Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate
requirements. Contractor must contact the County contact if it has any questions regarding the
applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will
also be required to provide detailed information regarding compliance with the Buy American
requirements, expenditure of funds and wages paid to employees so that the County may fulfill any
reporting requirements it has under ARRA. The information may be required as frequently as monthly or
quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by
the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database at
http://www.ccr.gov and may be required to have its subcontractors also register in the same database.
Contractor must contact the County with any questions regarding registration requirements.
4. ADD a new Paragraph, SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS.
SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements
described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA
expenditures in single audits is required. Contractor agrees to separately identify the expenditures for
each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and
the Data Collection Form (SF -SAC) required by the Office of Management and Budget Circular A-133,
"Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA
and SF -SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance
Revised 1 /13/2009 Page 2 of 4
(CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA
funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of
sub -contract and at the time of disbursement of funds, the Federal award number, any special CFDA
number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to
provide detailed information regarding expenditures so that the County may fulfill any reporting
requirements under ARRA described in this section. The information may be required as frequently as
monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as
requested by the County pursuant to this provision. Failure to do so will be deemed a default and may
result in the withholding of payments and termination of this Contract.
Whistleblower Protection
Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which
prohibits all non -Federal contractors, including the State, and all contractors of the State, from
discharging, demoting or otherwise discriminating against an employee for disclosures by the employee
that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating
to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health
or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the
implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA
funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies
available to employees under Section 1553 of Division A, Title XV of the ARRA.
Revised 1/13/2009 Page 3 of 4
5. All other provisions and terms of the Cooperative Agreement, Contract No.00-1086, as
previously amended, shall remain the same and are hereby incorporated by reference.
END OF SECOND AMENDMENT
TENANT:
SAN R % DISTRICT CHINO 1130 IN1IWA_T R CONSE NATION DISTRICT
By
e G o , , oard of ®MffiWft Supery I sors (Authorized signature'- sign in blue ink)
Chair,
Dated: MAR 15 2011
SIGNED AND
DOCUMENTI
CHAIRMAN C
By
A COPY OF THIS
RED TO THE
stumpy
rd of Supervisors
San Bernardino
Counsel' N L. GREEN
Date I�Q Date
Name: Eunice Ulloa
Title , General Manager
Dated://A614
Address: 4594 San Bernardino Street, Montclair CA 91763
Date
to Board
2.
Revised 1/13/2009 Page 4 of 4
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