HomeMy WebLinkAboutAgreement A-15-410 with San Joaquin Valley Water.pdf1
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Agreement No. 15-410
JOINT EXERCISE OF POWERS AGREEMENT
CREATING
THE SAN JOAQUIN VALLEY WATER INFRASTRUCTURE
AUTHORITY (SJVWIA)
EFFECTIVE DATE: August 25 '2015
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Agreement No. 15-410
1 JOINT EXERCISE OF POWERS AGREEMENT
2 CREATING THE SAN JOAQUIN VALLEY WATER INFRASTRUCTURE AUTHORITY (SJVWIA)
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THIS Agreement ("Agreement") is made and entered into effective this 25th day of August , 2015,
by and between the COUNTY OF FRESNO, a political subdivision of the State of California, the COUNTY
OF KERN, a political subdivision of the State of California, the COUNTY OF KINGS, a political subdivision of
the State of California, the COUNTY OF MADERA, a political subdivision of the State of California, the
COUNTY OF MERCED, a political subdivision of the State of California, and the COUNTY OF TULARE, a
political subdivision of the State of California. Each entity listed above is a "Party" to this Agreement, and ali
the entities listed above together are the "Parties' to this Agreement.
RECITALS
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500
et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the
contracting parties; and
WHEREAS, the Parties each are public agencies, which have the common power, pursuant to
California Government Code section 23004(c), to make contracts necessary to the exercise of their
respective powers; and
WHEREAS, the Parties desire to join together for the purpose of creating a new joint powers agency
that will solicit grants of funds under the competitive process established by the State of California pursuant
to the Water Quality, Supply and Infrastructure Improvement Act of 2014 ("Act") for water infrastructure
improvement projects within the jurisdiction of some or ali of the member Parties, and administer the
' disbursement and expenditure of said funds on qualified infrastructure projects including but not limited to
local surface storage projects, groundwater recharge projects and the construction of the Temperance Flat
Dam project, in all instances subject to obtaining a financial commitment by the member Parties to pay for
their respective costs thereof as provided herein; and
WHEREAS, the Parties can through cooperation present more comprehensive and effective grant
proposals with greater efficiency than they could obtain by their individual efforts; and
Ill
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1 ARTICLE24
2 FILING WITH SECRETARY OF STATE
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4 The President of the Board of Directors of the Authority shall file a notice of this Agreement with the
5 Office of California Secretary of State within 30 days of its effective date, as required by Government Code
6 Section 6503.5 and within 70 days of its effective date as required by Government Code Section 53051.
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ARTICLE25
DISPUTE RESOLUTION
11 Any controversy or dispute between the parties arising out of this agreement shall be submitted to
12 mediation. The mediator will be selected by mutual agreement. If the matter cannot be resolved through
13 mediation or if the parties cannot agree upon a mediator the matter shall be submitted to arbitration and such
14 arbitration shall comply with and be governed by the provisions of the California Arbitration Act, of the
15 California Code of Civil Procedure.
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17 IN WITNESS WHEREOF, the COUNTY OF FRESNO, the COUNTY OF KERN, the COUNTY OF
18 KINGS, the COUNTY OF MADERA, the COUNTY OF MERCED and the COUNTY OF TULARE, the Parties,
19 have executed this Joint Exercise of Powers Agreement Creating the SAN JOAQUIN VALLEY WATER
20 INFRASTRUCTURE AUTHORITY as of the day and year first hereinabove written.
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22 COUNTY OF Fresno
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Deborah A. Poochigian,
Chairman, Board of Supervisors
BERNICE E. SEIDEL, Clerk
Board of Supervisors
28 By .3u~ ~$h0f ~ ·~~
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COUNTY OF TULARE
Chairman, Board of Supervisors
...,---.,....,.--,,--,--,• Clerk of the Board/
County Administrative Officer
By ____________ ___