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HomeMy WebLinkAboutWSA 2000-1086_CBWCD-Amend03REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND RECORD OF ACTION October 20, 2015 FROM: GERRY NEWCOMBE, Director Flood Control District UBJECT: AMENDMENT TO COOPERATIVE AGREEMENT WITH CHINO BASIN WATER CONSERVATION DISTRICT TO SPREAD WATER IN GROVE AVENUE BASIN Acting as the governing body of the San Bernardino County Flood Control District, approve Amendment No. 3 to Cooperative Agreement No. 00-1086 with the Chino Basin Water Conservation District to extend the Agreement's term for a period of five years from October 25, 2015 through October 24, 2020. (Presenter: Gerry Newcombe, Director, 387-7906) ursue County Goals and Objectives by Working with proval of this item will not result in the use of Discretionary General Funding (Net County Cost) the San Bernardino County Flood Control District (District) is funded by property taxes, fees, f other local, state, and federal funding. The action to approve the Amendment has minimal racial impact. This amendment implements the third of six five-year options for Chino Basin Water Conservation District (CBWCD) to spread water in Grove Basin. The 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 in order to minimize future flooding in the Chino Agricultural Preserve area. On October 24, 2000 (Item No. Agreement with CBWCD for the Agreement allows the CBWCD a five year period. CBWCD cannot extensions can only proceed wi contributed $384,000 towards th, 11), the Board of Supervisors (Board) approved a five-year construction of additional improvements to Grove Basin. The total of six time extensions. Each time extension shall be for a unilaterally exercise the option to extend the agreement. All :h the Board's approval. Based on the Agreement, CBWCD construction of those improvements to help facilitate water cc: FCD - Newcombe; Walker w/Agree Contractor c/o FCD w/Agree ATC - Acct. Pay. Mgr. w/Agree EBIX - BPO c/o Risk Mgmt. CAO - Garth File - w/Agree ss 10/27/15 ITEM 71 Page 1 of 2 Record of Action of the Board of Supervisors APPROVED (CONSENT CALENDAR) COUNTY OF SAN BERNARDINO County Flood Control District MOTION SECOND AYEAYE �j A,Y,E� �-MOVE AYE BYURA H. H - I/ Q , IH l AR 5 Rav l4bt5 DATED: October 20, 2015 AMENDMENT TO COOPERATIVE AGREEMENT WITH CHINO BASIN WATER CONSERVATION DISTRICT TO SPREAD WATER IN GROVE AVENUE BASIN OCTOBER 20, 2016 PAGE 2 OF 2 conservation within Grove Basin. The improvements included a catwalk structure, outlet gates, a backup generator, a telemetry system, automated gate controls, an outlet equipment building and other appurtenances. The original term of the Agreement was from October 25, 2000 through October 24, 2005, In the fifteen years since the Agreement was originally approved, the Board has approved two amendments which are summarized below: Amendment Approval Item Number Date No. Action 1 06-07-05 087 Exercised the first of five-year options to extend the term through October 24, 2010 2 03-15-2011 060 Exercised the second of five-year options to extend the term through October 24, 2015 CBWCD notified the District of its intent to exercise the third of six five-year options to extend the term of the Agreement through October 24, 2020. All other terms and conditions of the Agreement remain unchanged. PROCUREMENT Not applicable. REVIEW BY OTHERS This item has been reviewed by County Counsel (Mitchell L. Norton, Deputy County Counsel, 387-5455) on August 11, 2015; Finance (Deborah Garth, Administrative Analyst, 387-5426) on October 2, 2015; and County Finance and Administration (Mary Jane Olhasso, Assistant Executive Officer, 387-4599) on October 5, 2015. 10/20/15 #71 San Bernardino County Flood Control District FAS STANDARD CONTRACT THIRD AMENDMENT FOR OFFICIAL USE ONLY New Change Cancel FAS Vendor Code SC li Dept. A /1 Contract Number 00-1086 A-3 ❑ ePro Vendor Number ePro Contract Number San Bernardino County Flood Control District Dept. Orgn. Contractor's License No. Contract Representative Melissa Walker Telephone 909 387-7995 Total Contract Amount $ 0.00 Contract Type 1-1 evenue M Encumbered F1 Unencumbered 71 Other: If not encumbered or revenue contract type, provide reason: Commodity Code 10/24/2020 ContractTObj/Rev ct End Date Original Amount $ 0.00 Amendment Amount $ 0.00 Fund RFA Dept. 091 Organization 0915 ev Source GRC/PROJ/JOB No 77LA0002 Amount $ Fund Dept. Organization ev Source GRC/PROJ/JOB No. Amount $ Fund Dept. Organization .ev Source GRC/PROJ/JOB No. Amount $ Project Name ONTARIO-FCD FY Estimated Payment Amount Total by Fiscal Year I/D FY Amount I/D GROVE AVENUE BASIN THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the San Bernardino County Flood Control District, and Name Chino Basin Water Conservation District hereinafter called CBWCD 4594 San Bernardino Street, P.O. Box 2400 Montclair, CA 91763-0900 Telephone Federal ID No. or Social Security No. (909) 626 - 2711 IT IS HEREBY AGREED AS FOLLOWS: WHERAS, 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 CONSERVATIONS DISTRICTS ("CBWCD"), as follows: WHERAS, the DISTRICT and CBWCD desire to amend the Cooperative Agreement to exercise its third five year option to extend the term of the Agreement and add new lease language, and NOW, THERFORE, 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/Treasurer/Tax collector Use Onl ❑ Contract Database ❑ FAS Input Date Keyed By Page 1 of 3 1. The parties hereby affirm that, the three (3) remaining five-year options contained in Paragraph 16, as set forth in Cooperative Agreement No 00-1086 remain in effect. Accordingly, effective as of October 25, 2015, EXTEND the term of the Cooperative Agreement as provided for in Paragraph 16, from October 25, 2015, through October 24, 2020. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Revised 05/04/2015 Page 2 of 3 2. All other provisions and terms of Lease Agreement, Contract No. 00-1086, as previously amended, shall remain the same and are hereby incorporated by reference. In the event of any conflict between the Lease, as previously amended, and this Third Amendment, the provisions and terms of the Third Amendment shall control. END OF THIRD AMENDMENT. SAN BERNARDIN U Y FLOOD CONTROL DISTRICT James Ramos, and Chairman Dated: XT 2 0 2015 SIGNED AND CERTIFIED'�fi43 DOCUMENT HAS BEEN DEL" CHAIRMAN OF THE BOARD Laura H. Welch, By �. Putt Approved as to �Legal Counsel - Mitchell L. Norton COPY OF THIS CHINO BASIN WATER CONSERVATION DISTRICT 6�Authonze sgnature - sign lue ink) Name Eunice Ulloa D TO THE Title General Manager of the Board'2d Dated: / Address 4594 San Bernardino St., PO Box 2400 Montclair, CA 91763 Grant Mann tar Date ) 0 /" / iS I Date / P L 711-5-- I Date ( bl � Revised 05/04/2015 Page 3 of 3