HomeMy WebLinkAboutWSA 96-366_MojaveWaterAgency-Amend01REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
April 24, 2012
FROM: GERRY NEWCOMBE, Director
Flood Control District
SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. 96-366 WITH THE MOJAVE WATER
AGENCY
cting as the governing body of the County Flood Control District (District), approve Amendment
o. 1 to Water Spreading Agreement (WSA) Contract No. 96-366 between the District (District)
id the Mojave Water Agency (Agency) to include Oro Grande Wash, south of Sycamore Street
id west of Amethyst Road for water spreading and conservation.
kffected Districts: First)
'resenter: Gerry Newcombe, Director, 387-7906)
Pursue County
by Working
Agencies.
This item will have no financial impact on the District. Development, construction, operation and
maintenance of the earthen berms/recharge basins will be at the sole expense of the Agency.
Any costs incurred by the District will be reimbursed by the Agency.
of the above item will make available additional portions of District rights -of -way for the
of water spreading and water conservation.
The District and the Agency desire to cooperate and effect an amendment to the existing WSA to
add an additional reach in Oro Grande Wash, south of Sycamore Street and west of Amethyst
Road in the Victorville area for the purpose of conservation of imported State Project Water.
This item has been reviewed by County Counsel (Charles S. Scolastico, Principal County
Counsel, 387-5281) on February 23, 2012 and the County Administrative Office (Beatriz Valdez,
Public Works Chief Financial Officer, 387-1852) on April 5, 2012.
cc: Flood Control -Eke w/agreement &
Newcombe
Contractor c/o Flood Control
w/agreement
Auditor -Accounts Payable Manager
w/agreement
EBIX-BPO c/o Risk Management
CAO-Valdez
File - w/agreement
ml 04/30/12
I ITEM 57
Rev 41&11
MOTION
VW
LA RA H. EL
BY
DATED: April 24, 2012
Page 1 of 1
3rd of Supervisors
T CALENDAR)
NARDINO
District
AYE AYE
4 5
BOARD
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
FOR COUNTY USE ONLY
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County Department
Dept. Orgn.
Contractor's License No.
Flood Control District
097 097
Flood Control District Contract Representative
Ph. Ext.
Amount of Contract
Kenneth C. Eke
7-7995
Fund
Dept.
Organization
Appr.
Obj/Rev Source
Activity
GRC/PROJ/JOB Number
Commodity Code
Estimated Payment Total by Fiscal Year
FY
Amount I/D
_
FY Amount 1/0
Project Name
MOJAVE WATER AGENCY
WATER SPREADING
AGREEMENT
_
AMENDMENT NO. 1
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
MOJAVE WATER AGENCY hereinafter called AGENCY
Address
13846 CONFERENCE CENTER DRIVE
APPLE VALLEY, CA 92307
Phone Birth Date
(760)946.7035
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
WATER SPREADING AGREEMENT
BETWEEN
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT (DISTRICT) AND THE
MOJAVE WATER AGENCY (AGENCY) - AMENDMENT NO. 1
WITNESSETH
WHEREAS, on May 21, 1996, DISTRICT and AGENCY executed Water Spreading Agreement (WSA),
Contract No. 96-366, in which the parties agreed to cooperate in the conservation of imported State Project Water
within portions of the Mojave River, hereinafter referred to as "RIVER"; and
WHEREAS, the WSA stipulated that AGENCY would obtain imported State Project Water and water from
other sources, hereinafter referred to as "WATER", through and from the State aqueduct for release into RIVER as a
component of programs to benefit AGENCY's service area, and
WHEREAS, AGENCY has indicated to the DISTRICT that spreading WATER within Oro Grande Wash, South
of Sycamore Street and west of Amethyst Road will benefit AGENCY's service area, and
WHEREAS, AGENCY has obtained permit P-42011020 from the DISTRICT to construct operate and maintain
a series of temporary earthen berms/recharge basins and appurtenances for the purpose of spreading WATER within
Oro Grande Wash, South of Sycamore Street and west of Amethyst Road, and
WHEREAS, DISTRICT's Oro Grande Wash, south of Sycamore Street and west of Amethyst Road was not
included in the WSA, Contract No. 96-366, and
WHEREAS, the AGENCY has requested that WSA Contract No. 96-366 be amended to include the Oro
Grande Wash, south of Sycamore Street and west of Amethyst Road as shown in Exhibit E, and
Page 1 of —2—
WHEREAS, DISTRICT and A NCY concur that the Oro Grande Was outh of Sycamore Street and west
of Amethyst Road constitutes an additional location for water spreading and desire to amend the existing Water
Spreading Agreement, Contract No. 96-366, to include the Oro Grande Wash, south of Sycamore Street and west of
Amethyst Road.
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS:
1. DISTRICT and AGENCY amend the existing Water Spreading Agreement, Contract No. 96-366, to include
the Oro Grande Wash, south of Sycamore Street and west of Amethyst Road as shown on "Exhibit E"
attached hereto and made a part thereof.
2. DISTRICT and AGENCY agree that all terms and conditions of the existing Water Spreading Agreement,
Contract No. 96-366, shall also apply to the Oro Grande Wash, south of Sycamore Street and west of
Amethyst Road.
3. The definitions of DISTRICT lands and DISTRICT easements used in the Water Spreading Agreement,
Contract No. 96-366, are amended to include the Oro Grande Wash, south of Sycamore Street and west of
Amethyst Road.
This Amendment No. 1 shall take effect on the date it is signed by both parties. This Amendment No. 1 shall inure to
the benefit of and be binding upon the successors and assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused the respective names to be hereunto subscribed and their
respective seals to be hereunto affixed by their respective proper officers thereunto duly authorized.
SAIV BERN U OOD CONTROL DISTRICT MOJAVE WATER AG X
► �� ►
Josie Gonzales, Ch Supervisors By (Authonled Signature)
Dated APR 2 4 2012
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS ERED TO THE
CHAIRMAN OF' A�! H. Welch, Sewelsoy
c� of the Board
By
Approved as to Legal Form (sign in blue Ink) Reviewed as to Contract i
County couns�al
i
{Date / �- C- _ / _ _ Date_
Name Kirby Brill
Title General Manager
Dated V Iq IrZ
Address 13846 Conference Center Drive
Apple Valley, CA 92307
Approved as to Legal Forrj
ATTESTED
Ill
Date
Page 2 of —2—
LOCATION OF WATER SPREADING AGREEMENT CONTRACT No. 96-366 AMENDMENT No.1 SHEET __1___ OF __2__
CONTRACT No. 96-366
Amendment No. 1 1
Exhibit “E”
WATER SPREADING AGREEMENT
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SAN BERNARDINO COUNTY
BY: FLOOD CONTROL DISTRICT
DRAWN BY DESIGNED BY PROD. ENGR. MAINTENANCE /CONSTRUCTION REVIEW BY RECOMMENDED /APPROVED BY
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PRET_JIIVITNARY
MOJAVE RIVER SYSTEM
AMETHYST BASIN
SUBMITTED BY GENERAL PLAN &
NAME
YARD SUPERVISOR
MERVAT MIKEAIL, P.E. DATE NAME
ENGINEERING DIVISION RESIDENT ENGINEER
DATE TE
DDEPUTYB DIRECTOR, FLOOD CONTROL A GRADING PLAN KEY MAP
DATE SCALE FILE NO. SHEET. NO.
DATE GRANVILLE M. BOWMAN, P.E. DATE
DIRECTOR OF PUBLIC WORKS AS SHOWN 4-106- G-1