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HomeMy WebLinkAbout93-099RESOLUTION APPROVING THE AGREEMENT BETWEEN THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA AND THE COUNTY OF BUTTE WHEREAS, there exists an Agreement between the Department of Water Resources of the State of California and the County of Butte, , known as Agreement No. B6~032 dated July 21, 1992 and amended on October 20, 1992. WHEREAS, the Department of Water Resources of the State of California and the County of Butte desire to enter into another Agreement as specified in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that they consent to the Agreement in the form attached hereto as Exhibit A, on behalf of the County of Butte. PASSED AND ADOPTED by the Buttes County Board of Supervisors this 13th day of July, 1993, by the following vote: AYES: Supervisors Meyer, Dolan, Thomas and Chair Houx NOES : None ABSENT: Supervisor McLaughlin NOT VOTING : None '~-~ / MARY AN E HOUx, Chair of-the Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK Chief Administ tive Officer and erk o t 'Board By AGREEMENT BETWEEN DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA and COUNTY OF BUTTE THIS AGREE.'rIENT is made pursuant to the provisions of the California Water Resources Development Bond Act and other applicable laws of the State of California, between the Department of Water Resources of the State of California, hereinafter called "Department", and the County of Butte, hereinafter called "Butte". RECITALS A. During 1991 and 1992 the Department of water Resources administered a Draught Water Bank (hereinafter referred to as "Bank") to mee= the critical needs of water zsers who were experiencing severe water shortages. B. Acting as agent for the Bank, the Department acquired water supplies from voluntary sellers that were used to meet critical drought relief needs in many parts of the State. C. Opportunities exist for water users within Butte County to transfer surface water by shifting to groundwater on a temporary 1 E'X~~r basis and by implementing water conservation measures. D. Although is unlikely that a drought water bank will be formed during 1993 due to above-average rainfall, snowpack and reservoir storage, Butte and the Department desire to establish an agreement similar to those agreed to in ].99Z and 2992 as a contingency in order to respond as rapidly as possible to meeting water supply needs in the event that the Department purchases water in Butte County during 1993. AGREEMENT The Department and Butte agree to the following: 1. Purpose of Agreement. The Department and Butte intend to continue a form of agreement similar to that reached as part of the 1991 Drought Water Bank and 1992 Drought 'pater Bank, in order to plan for water transfers as components of a possible 1993 Drought Water Bank. The parties to this Agreement also recognize that as of the date of execution of this Agreement, creation of a drought water bank during 1993 appeared to be unlikely due to above-average rainfall, snowpack and projected reservoir storage. This Agreement provides the framework for passible payments to Butte related to transfers to be identified in amendments to this Agreement if a drought water bank is formed during 1993. 2 2. Contingent Conditions. The Department and Butte agree that the payment and monitoring provisions of this Agreement shall not become effective unless and until: a) A drought water bank is formed in 2993, b} This Agreement is subsequently amended to add as Attachment A a fisting of specific water transfer contracts and corresponding specific payment amounts to be made to Transferors, and c) This Agreement is amended to include a maximum payable amount in Paragraph 7 below. 3. Payment to Sutte. a. The Department shall pay Butte two percent (2.Oo) of the gross proceeds paid to any Transferor, as may be subsequently listed in Attachment A by amendment to this Agreement, who transfers, sells, or leases water out of County of Butte to the Department in 1993. The payments shall be used for the purposes sat forth in Paragraph 4 below. b. The Department shall notify Butte if the Department makes any water transfer agreements not amended into this Agreement or increases the amount of water transferred under any agreement listed in Attachment A by amendment to this Agreement during 1993 involving the transfer, sale or lease of water out of the County of Butte. The Department and Butte agree to amend this Agreement to include any additional or increased water transfers within the scope of this Agreement. Any such amendment 3 shall include an adjustment to the maximum amount payable in Paragraph 7. c. This Agreement shall not apply to transfers of water from storage in surface reservoirs where groundwater substitution is not involved. 4 . E~rpenditure of Funds . a. Funds received by Butte from the Department under this Agreement shall be used by Butte solely for the following purposes: (1) The monitoring and study of water conditions in Butte County; (2} The development and implementation of a water plan for the county. b. The specific use of the funds for such purposes shall be within the sale discretion of Butte. Butte shall give the Department an annual report on the use of the funds by March 31 of each year for the preceding calendar year until the funds have been expended. 5. Timing of Payment. a. After an Attachment A has been added to this agreement by amendment, the Department shall pay Butte, pursuant to 4 Faragraph 3 above, within 30 days after either of the following events, whichever occurs later: (1} Making a payment to a party to a water transfer contract covered by this Agreement, or {2) The execution of an amendment to this Agreement adding an Attachment A identifying specific water transfer contracts and corresponding specific payment amounts to be made to the Transferors. b. Where monthly payments are made in response to monthly invoices from Transferor, the Department shall make monthly payments to Butte equal to two percent of the invoiced payments. 6. Term of Agreement. This Agreement shall. take effect after execution by the parties and after approval by the California Department of General Services. This Agreement shall expire on December 31, 1993, except as to any payments or reports which may be required after that date by the terms of this Contract. The Department warrants that all water transfer agreements coming within the scope of this Agreement will have terms which expire on or before December 3Z, 1993. 7. Maz3.I[il2tll Payable. Unless an Attachment A is added to this Agreement by amendment identifying specific water transfer contracts and corresponding specific payment amounts to be made 5 to transferors, the maximum amount payable to be made under this contract shall be zero. Any such amendment shall identify a new maximum amount payable. 8. Monitoring. a. If a drought water bank is formed in I993 and the Department enters into groundwater exchange contracts for the transfer, sale or lease of water out of Butte County in 1993, the Department will monitor groundwater conditions in Butte County and will provide to Butte a monthly written report of the results of the Department's groundwater monitoring program. b. The Department agrees to include in each groundwater exchange contract with a Transferor in Butte County a requirement that groundwater pumping be reduced or terminated to the extent such pumping is identified as causing significant adverse impacts to groundwater levels, groundwater quality or subsidence, 9. Not a Precedent. Neither this Agreement nor any provisions of this Agreement shall bind either party as to any future arrangements or agreements. 10. Claims Dispute. Any claim that Butte may have regarding the performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the Director, Department of Water Resources, within 6 thirty days of its accrual. The Department and Butte shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resalution. 11. DWR Standard Clauses. The Department's standard clauses, shown as Exhibit 1 for the State of California, contract with a public entity, are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date of Approved as to legal fozzn and suff~.ciency Chief Counsel Department of Water Resources Approved as to form: County Counsel DEPARTMEI3T OF WATER RESOURCES OF THE STATE OF GALIFORNIA Director COUNTY OF BUTTE Chair, Board of Supervisors 7 State oC Oaliturnia DEP.~,RT~IEtiT DF wA'£ER RE50[: ROES The Etesaurceti AKer,c: .agreement tio. Exhibit ST_~NDARD CLAUSES -- CONTR.aCTS WITH PUBLIC E~~I'TTIES Workers' Compensation Clause. Contractor affirms that it is aware of the pro~-ision~ ~i Section 3700 of the California labor Cos. which require every employer to be inured against liability for workers' compensation ar 'o undertake self-insurance in accordance wits the provisions of that Code, and ConE-actor affirms-that it will comply with such prop:sons before commencing the performance of tiz. work under this contract. Claims Dispute Clause. Any claim that Contractor may have regarding the performa.ce of this agreement including, but not limiter to, claims for additional compensation. or extension of time, shall be submitted to the Director. Department of Water Resources, withi_ thirty days of its accrual. State and Contractor ;hall then attempt to negotiate a resolution of such claim and process an amendmer = to this agreement to implement the terms of any such resolution. ~londiscrimination Clause.,,During the performance of this contract, the recipient, contractor and its subcontractors shall not der._- the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disahilit~-. nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin.. ancestry, physical handicap, mental disability, medical condition, marital status, age (over -IO), or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor shall comply wits the provisions ofthe Fair EmplovmenE and Housing Act cGovernment Code Section 12900 e*_ seq.?> the regulations promulgated thereunder iCalifornia Administrative Cade, Title 2, Sections 7285.0 et seq.), the provisions of Arrsc:e 9.5, Chapter 1, Part 1, Division 3, Title 2 0 the Government Gode {Government Code Sections 11135 - 11139.b1, and the regulations or standards adopted by the awarding Stag agency to implement such article. Contractor or recipient shall permit access by repreGe:,=atives of the Department of Fair Employme^= and Housing and the awarding State agency upon reasonable notice at any time during t:~e normal business hours. but in no case lea: than 24 hours notice, to such of its beo's-s, records, accounts, other sources of informatior_ and its facilities as said Department or Agenc•: shall require to ascertain compliance •.~-iEh this clause. Recipient, contractor and its supcontractors shall give written notice of thei- obligations under this clause to labor organizations with which they have a callecsve bargaining or other agreement. The Contractc- shall include the nondiscrimination and compliance provisions of this clause in all yucca .tracts to perform work under the contract. Availability of lends. Work to bF ge*_-?ormed under this contract is subject to avaiiab~.;t.: of funds through the State's normal budge process. Audit Clause. The contracting par-_:es shall be subject to the examination and audit c; :^e Auditor General for a period of three yea: after final par-tnent under the contract. ~ Goverment Code Section 10532). Paynneut Retention CIause. Ten aercent of any progress payments that ma}• be pro:-:ced for under this contract shall be withhei~ per Public Contract Code Sections 1~'4=& and 10379 pending satisfactory completion of ;:. _ervices under the contract. Reixixbuxsexnezit CIause. if anniica:,:e. travel and per diem expenses io be reimburses '.der this contract =hall be at the same raEe: the State provides for unrepresentts employees in accordance with the provisions of Title 2, Chapter 3, of the California Gode o: Regulations. Contractor's designated eadquarters for the purpose of computing such es~enses shall be: Termination CIause. The State mad- terminate this contract without cause upon 30 da_~. advance written notice. The Contractor slxai: be reimbursed far all reasonable expo-es incurred up tithe date of termination. Drug-Free Workplace Certification. The contractor ceriifies, under penalty of per_::t-:, compliance with Government Code Sectior_ 8355 in matters relating to pro~-iding a drug-free workplace. The contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, di=pensation, possession, or use of a controller substance is prohibited and speci::ng actions to be taken against employees for violat:ons, as required by Government Cade Sectior_ 8355(a ~. ?. Establish a~Drug-Free Awareness ?rogram as required by Government Cade Sectior_ ~35~ibi, to inform employees about all of tht following: (a] The dangers of drug abuse in the workplace. i b, The person's or organization's ~iicy of maintaining adrug-free workplace, (ci Any available cauzzseling, rehabilitation and employee assistance programs, and ~d~ Penalties that may be imposea ::Don employees for drug abuse violations. 3. Provide, as required by Governme^.: Code Section 8350{cl, that every employee ~vho worss on the proposed contract: i a ~ Will receive a copy of the company's drug-free policy statement, and bi Will agree to abide by the terWs of the company's statement as a condition of emnia~"nsent on the contract. DWR -100 tRev. 31911