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Home My WebLink AboutWSA 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 E �w Vendor Code C M X-�.iange SC A ' ^Contract�Nuumbber ^ r W Vr 4' /"t l! X Cancel 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 a r0 ET, HY T 3ASIN '��glllllllllllfllllll� i i' - ��/ ��1111111111° = '-� 1 �� -� ---� =Bit ��' Mm PW ®u-� Mi 0 GRAPHIC SCALE 1"=80' 0 80 160 240 REVISIONS F� MARK DATE DESCRIPTION lob �-•�dJs1/1111 /Ill/!///J//� ,..®1-MOM - SAN BERNARDINO COUNTY BY: FLOOD CONTROL DISTRICT DRAWN BY DESIGNED BY PROD. ENGR. MAINTENANCE /CONSTRUCTION REVIEW BY RECOMMENDED /APPROVED BY I - 32 7 I 32 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