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HomeMy WebLinkAbout94-077~esolufion 2110. 9. RESOLUTION 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, dated June 13, 1993. 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 Butte County Board of Supervisors this Z8th day of June, 1994, by the following vote: AYES; Supervisors Meyer, Bolan, Houx, Thomas and Chair McLaughlin NOES : None ABSENT: None NOT VOTING : None ~/~ [ e ED cLAUGHLIN, Chair of the Butte Co. Board of Supervisors ATTEST: JOHN BLACKLOCK Chie Administ tive Officer and lerk f e Board By ~:iaas~o~uu~nwu.nc~ . :~ , AGREEMENT BETWEEN DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA and COUNTY OF BUTTE THIS AGREEMENT 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 1.992 the Department of Water Resources administered a Drought Water Bank (hereinafter referred to as "Bank") to meet the critical needs of water users 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 an a temporary basis and by implementing water conservation measures. D. Butte and the Department desire to establish an agreement similar to those agreed to in 1991 and 1992 as a contingency in order to respond as rapidly as passible to meeting water supply needs in the event that the Department purchases water in Buttes County during 1994, either as part of a Drought Water Bank ar as a part of other water transfer procedures. 1 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 Water Bank, in order to plan for water transfers as components of a possible 1994 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 or other Water transfer mechanism during 1.994 appears to be likely. This Agreement provides the framework for possible payments to Butte related to transfers to be identified in amendments to this Agreement if a drought water bank or other water transfer mechanism is formed during 1994. 2. Contingent Conditions. The Department and Butte agree that the payment and monitoring provisions of this Agreement shall not became effective unless and until: a) A drought water bank or other water transfer procedures are formulated in 1994, b) This Agreement is subsequently amended to add as Attachment A a listing 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 Butte. a. The Department shall pay Butte two percent (2.0%} 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 1994. The payments shall be used for the purposes set 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 2 increases the amount of water transferred under any agreement listed in Attachment A by amendment to this Agreement during I99~4 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 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. expenditure of Funds. a. Funds received by Butte from the Department under this Agreement shall be used by Butte solely for the fallowing 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 far such purposes shall be within the sole 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. T~.mi.ng of Payment. a. After an Attachment A has been added to this agreement by amendment, the Department shall pay Butte, pursuant to Paragraph 3 above, within 3D 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 3 (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 sha11 take effect after execution by the parties and after approval by the California Department of General Services. This Agreement shall expire on December 31, 1994, except as to any payments or reports which may be required after that date by the terms of this Contract. 7. Maximum 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 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. Yf a drought water bank or other water transfer mechanism is formed in 1994 and the Department enters into groundwater exchange cantracts for the transfer, sale or lease of water out of Butte County in x.994, 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. 4. 9. Not a Precedent. Neither this Agreement nor any provisions of this Agreement shall bind either party as to any future arrangements or agreements. lo. Claims Dispute. Any claim that Butte may have regarding the performance of this Agreement including, but not limited to, claims for additional compensation ar extension of time, shall be submitted to the Director, Department of Water Resources, within 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 resolution. 1.3.. bWR Standard Clauses. The Department's standard clauses, shown as Exhibit 1 far 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 form and su ficfency aef Counsel Department of Water Resources DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA ~.. ~ . .rector Appr v d as to farm: County Counsel (g:\docs\sGSan\dwr.agr a~t~~`:GV@t~ r3 ti ~O T~Ivi .~. an~~ ~p~gs~cz3sy Carl-r:_' ~u-~iE~sr°s Ce~ar~nient COUNTY OF BUTTE chair. B and Supervisors F~oW~CJ ~L) ~o~cY R eunc~r 1 Department of Genera€ Ser,~ices ~.~~e~~ ~~~~ L 2O BY ~,~ ' ` ~ ~ ~ `'~ Asst. Chief Counsel state of CaCifarnia Agreement Na. The ,R.esources Agency DEP~.RTMENT Off' WATER RESOT~RCES Exhibit WATBR BANK STANDARD CLAUSBS- CONTRACTS WITH PUBLIC ENTITIES Workers' Compensation Clause. Contractor affirms that it is aware. of the provisions of Section 37fl0 of the California Labor Code which require every employer to be insured against liability for workers' compensation- or to undertake self-insurance in accordance with the provisions of that Code, and Contractor affirms that it will comply with such provisions before commencing the performance of the work under this contract. Nondiscrimination Clause. During the performance of this contract, the recipient, cflntractor and its subcontractors shall not deny the contract`s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant far employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age {over 40}, or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination_ Contractor shall comely with the provisians of the Fair Employment and Housing Act (Governmental Cade Section 12900 et sea.}, the regulations promulgated thereunder {California Administrative Code, Title 2, Sections 7285.a et sea.}, the provisions of Article 9.5, Chapter 1, Part 1. Division 3, Title 2 of the Government Code {Government Code Sections 11135 - 11139.5}, and the regulations or standards adopted by the awarding State agency to implement such article.. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the Awarding State agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice to such of its books, records, accounts, other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Recipient, contractoz and its subcontractors shall give written notice of their obl_gations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. Audit Clause. The contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under the contract. {Government Cade Section 10532}. Payment Retention Clause. Ten percent of any progress payments that may be provided far under this contract shall be withheld per Public Contract Code Sections 3.0346 and 10379 pending satisfactory completion of all services under the contract. Reimbursement Clause. if applicable, travel and per diem expenses to be reimbursed under this contract shall be at the same rates the State provides for unrepresented employees in accordance with the provisians of Title 2, Chapter 3, of the California Code of Regulations. Contractor's designated headquarters far the purpose of computing such expenses shall be: DWR 4100 {Rev. 4/92}