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Home My WebLink AboutWSA 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 v vFln iS� oor c 3 � aY rT� Yn 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 Q O d U O a z Ca d WU �O d� >O O CG C7