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Home My WebLink AboutWSA 2000-1086_CBWCD-Amend01010 Rev 07/97 REPORTIr COMMENDATION TO THE BOAr OF SUPERVISORS �r SAN BERNARDINO COUNTY, CxLIFORNIA AND RECORD OF ACTION June 7, 2005 -ROM: DAVID H. SLAUGHTER, Director Real Estate Services Department PATRICK J. MEAD, Director Department of Public Works SUBJECT: COOPERATIVE AGREEMENT AMENDMENT WITH THE CHINO BASIN WATER CONSERVATION DISTRICT RECOMMENDATION: Acting as the governing body of the San Bernardino County Flood Control District (FCD), approve Amendment No. 1 to Cooperative Agreement No. 00-1086 with the "hino Basin Water Conservation District (CBWCD) to extend the term five years through October 24, 2010 for 23 acres of FCD land in Ontario at no cost. BACKGROUND INFORMATION: FCD completed the construction of the Grove Avenue Basin on February 3, 2001, the Riverside Storm Drain on June 29, 2004, and the Grove Basin Drain on February 3, 2000 as a means of minimizing any future flooding in the Chino Agricultural Preserve area and surrounding areas. On October 24, 2000, the Board approved a five-year cooperative agreement, No. 00-1086, with five five-year options to extend with CBWCD for the construction of additional improvements, including an outlet to the Detention Basin. In accordance with the contractual requirement that CBWCD provide notice to FCD of its intent to exercise an option to extend one-year prior to the termination date, CBWCD provided such notice on September 7, 2004. FCD notified the Real Estate Services Department (RESD) that CBWCD had provided notice of its intent to exercise the first five-year option to extend the term through October 24, 2010. The cooperative agreement terms are summarized as follows: Licensee: Chino Basin Water Conservation District (Barrett Kehl, General Manager) Location: District's Grove Avenue Basin located on the SWC of Riverside Drive and Grove Avenue in Ontario Size: 23 acres (1,001,880 square feet of District land) Page 1 of 2 cc: RES-Slaughter w/agreement CBWCD w/agree. c/o RES Al Auditor -Valdez w/agree. IDS w/agreement Risk Management MOTION PW-Mead Flood Control -Eke Co. Counsel-Scolastico DENA SM CAO-Kopp; Forster BY File w/agreement mil DATED: , :corn of Action of the tsoara or oupertnsi AGREEMENT NO. 00-1086 A-1 ITEM 087 BOARD OF SUPERVISORS COOPERATIVE AGREEMENT CONSERVATION DISTRICT June 7, 2005 Page 2 of 2 AMENDMENT WITH THE CHINO BASIN WATER Term: Five years commencing October 24, 2005 Annual rent: None Annual increases: None Options: Four five-year options remain Right to terminate: None REVIEW AND APPROVAL BY OTHERS: This item has been reviewed by County Counsel (Charles S. Scolastico, Deputy County Counsel, 387-5481) on January 6, 2005; Department of Public Works (Ken Eke, Chief, Flood Control Operation Division, 387-7995) on March 10, 2005; and the County Administrative Office [Daniel R. Kopp (387-3828) and Tom Forster (387-4635), Administrative Analysts] on May 27, 2005. FINANCIAL IMPACT: There is no revenue associated with this amendment; however, FCD and the area within CBWCD will benefit from the additional improvements at a cost to CBWCD of $400,000. COST REDUCTION REVIEW: The County Administrative Office has reviewed this agenda item, concurs with the department's and RESD proposals, and recommends this action because the cooperative agreement amendment will not interfere with FCD's use and will provide a service to the area within the CBWCD. SUPERVISORIAL DISTRICT(S): Fourth PRESENTER: David H. Slaughter, Director of RESD, 387-7813 BC: 387-7814 mf: 387-7825 r 6/07/05 087 FOR COUNTY USE f" •'.Y �coux,r rt .. County of San Bernardino Flood Control District FAS STANDARD CONTRACT FIRST AMENDMENT Ne Change Cancel Vendor Code �� D , Contract I6mber i 00-1086 A-1 County Department Dept. Orgn. Real Estate Services Department Contractor's License No. County Department Contract Representative Telephone David H. Slaughter, Director 387-781 Total Contract Amount Contract Type ❑ Revenue ® 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 Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. F01636 Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name ONTARIO — Flood Control Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D District —Grove Ave. Basin Contract type - 2 d THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Flood Control District, hereinafter called the DISTRICT, and Name Chino Basin Water Conservation District hereinafter called CBWCD 4594 San Bernardino Street, P.O. Box 2400 Montclair, CA 91763-0900 Federal ID No. or Social Security No. Telephone (909) 626-2711 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.) THIS AMENDMENT OF COOPERATIVE AGREEMENT NO. 00-1086 ("Cooperative Agreement") is made and entered into by and between the SAN BERNARDINO FLOOD CONTROL DISTRICT (the "DISTRICT") and the CHINO BASIN WATER CONSERVATION DISTRICT ("CBWCD"), as follows: RECITALS WHEREAS, the DISTRICT and CBWCD previously entered into a Cooperative Agreement, Contract No. 00-1086, dated October 25, 2000, wherein DISTRICT agreed to allow water spreading activities and construction modifications to the Grove Avenue Basin (BASIN) of DISTRICT property by CBWCD to the installation of water control gates, cat walk structures, monitoring telemetry equipment and electrical control and operations, in the BASIN south of Riverside Drive and west of Grove Avenue on DISTRICT's Right -of -Way, and; Auditor/Controller-Recorder Use Onl O Contract Database ❑ FAS Input Date Keyed By Page 1 of 3 WHEREAS, under the terms of the Cooperative Agreement, Contract No. 00-1086, the CBWCD has five (5) five (5) year options to extend the term under the same provisions; except for the annual fee, and; WHEREAS, CBWCD desires to exercise one five (5) year option to extend the term under the Cooperative Agreement; and, WHEREAS, CBWCD is a duly authorized agent of the CBWCD for all matter related to this Cooperative Agreement and desire to have the Lease Agreement reinstated by the DISTRICT. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Cooperative Agreement, Contract No. 00-1086, is amended as follows: 1. DELETE the existing Paragraph 16, TERM, in its entirety and SUBSTITUTE therefore the following as a new Paragraph 16, TERM: 2. TERM: The term of said Cooperative Agreement shall be five (5) year duration commencing October 25, 2000 and ending October 24, 2005 (initial term). The first extended term shall be five (5) year duration commencing October 25, 2005 and ending October 24, 2010 (first extended term). Auditor/Controller-Recorder Use On ❑ Contract Database ❑ FAS . Input Date Keyed By Page 2 of 3 x ,l 2. All other provisions and terms of the Cooperative Agreement, Contract No. 00-1086, shall remain the same and are hereby incorporated by reference and shall be in fullSorce and effect. 3. This amendment shall be effective on October 25, 2005. END OF FIRST AMENDMENT. COUNTY OXSARNA RD Bill Postmus, Chairman, Board of Supervisors Dated: JUN 0 7 2005 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN TO THE CHAIRMAN OF THE �$ SI Pao_ - E NO Date Date Auditor/Controller-Recorder Use On ❑ Contract Database ❑ FAS Input Date Keyed By by CHINO BASIN WATER CONSERVATION DISTRICT (Print or type name of corporation, company, contractor, etc.) By: ► �r�&e1.e4o' (Authorized signature sign in blue ink) Name: (Print or type name of person signing contract) Title: General Manager (Print or Type) Dated: 4-21—or �cr &_O. un Address: 4594 San Bernardino Street. P.O. Box 2400 Montclair CA 91763-0900 ,mnliance 1 Pres ed to BOS for Sig Date Sf' r.. Page 3 of 3