HomeMy WebLinkAboutAgreement A-20-088 Cross Valley Project Interim Renewal Contract.pdfIrrigation and M&I
Contract No. 14-06-200-8292A-IR18
UNITED STATES 1
DEPARTMENT OF THE INTERIOR 2
BUREAU OF RECLAMATION 3
Central Valley Project, California 4
INTERIM RENEWAL CONTRACT AMONG THE UNITED STATES, 5
THE DEPARTMENT OF WATER RESOURCES 6
OF THE STATE OF CALIFORNIA, 7
AND 8
THE COUNTY OF FRESNO 9
PROVIDING FOR PROJECT WATER SERVICE 10
FROM THE SAN LUIS UNIT AND DELTA DIVISION 11
THIS CONTRACT, made this _______ day of ___________________, 2020, 12
in pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or 13
supplementary thereto, including, but not limited to, the Acts of August 26, 1937 (50 Stat. 844), 14
as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 15
July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as 16
amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively 17
hereinafter referred to as Federal Reclamation law, among the UNITED STATES OF 18
AMERICA, hereinafter referred to as the United States, the DEPARTMENT OF WATER 19
RESOURCES OF THE STATE OF CALIFORNIA, hereinafter referred to as DWR, and the 20
COUNTY OF FRESNO, hereinafter referred to as the Contractor, a political subdivision of the 21
State of California, duly organized, existing, and acting pursuant to the laws thereof; 22
WITNESSETH, That: 23
EXPLANATORY RECITALS 24
WHEREAS, the United States, DWR, and the Contractor entered into interim 25
renewal Contract (long-form interim renewal contract) No. 14-06-200-8292A-IR1 which 26
19-1448
25th February
Agreement No. 20-088
Contract No. 14-06-200-8292A-IR18
2
provided for the continued water service to the Contractor following expiration of Contract 27
No. 14-06-200-8292A; and 28
WHEREAS, the last long-form interim renewal contract between the United 29
States, DWR, and the Contractor is Contract No. 14-06-200-8292A-IR5, hereinafter referred 30
to as IR5; and 31
WHEREAS, the United States, DWR, and the Contractor have entered into 32
successive renewals of IR5, the most recent of which is Contract No.14-06-200-8292A-IR17, 33
hereinafter referred to as IR17, effective March 1, 2018, through February 29, 2020; and 34
WHEREAS, the United States, DWR, and the Contractor have made significant 35
progress in their negotiations of a long-term renewal contract, believe that further negotiations on 36
the long-term renewal contract would be beneficial, and mutually commit to continue to 37
negotiate to seek to reach agreement, but anticipate that the environmental documentation 38
necessary for execution of any long-term renewal contract may be delayed for reasons beyond 39
the control of the parties; and 40
WHEREAS, the Contractor has requested a subsequent interim renewal contract 41
pursuant to IR17; and 42
WHEREAS, the United States has determined that the Contractor has to date 43
fulfilled all of its obligations under IR17; and 44
WHEREAS, the United States and DWR are willing to renew IR17 pursuant to 45
the terms and conditions set forth below; 46
NOW, THEREFORE, in consideration of the mutual and dependent covenants 47
herein contained, it is hereby mutually agreed by the parties hereto as follows: 48
Contract No. 14-06-200-8292A-IR18
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RENEWAL AND REVISION OF 49
CONTRACT NO. 14-06-200-8292A-IR17 50
1. Except as specifically modified by this Contract, all provisions of IR17 are 51
renewed with the same force and effect as if they were included in full text with the exception of 52
Article 1 of IR17 thereof, which is revised as follows: 53
(a) The first sentence in subdivision (a) of Article 1 of IR4 is modified as 54
follows: “This Contract shall be effective from March 1, 2020, and shall remain in effect 55
through February 28, 2022, and thereafter will be renewed as described in Article 2 of IR1 if a 56
long-term renewal contract has not been executed with an effective commencement date of 57
March 1, 2022.” 58
(b) Subdivision (b) of Article 1 of IR17 is amended by deleting the date 59
“February 15, 2020,” and replacing same with the date “February 15, 2022.” 60
(c) Subdivision (c) of Article 1 of IR17 is amended by deleting the dates 61
“February 1, 20 20”, “February 1 5, 2020”, and “February 2 9, 2020”, respectively, and 62
replacing same with the dates “February 1, 202 2”, “February 15, 2022”, and “February 2 8, 63
2022”, respectively. 64
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 65
the day and year first above written. 66