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Temporary Water Service - Year 2015
Inigation and Other
Contract No. I 5-WC -20-47 59
TINITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Friant Division, Central Valley Project, California
BETWEEN THE LINITED STATES
AND
CITY OF FRESNO
(A FRIANT REPAYMENT CONTRACTOR)
Table of ContentsTitle page No.Preamble ...............1_3
Explanatory Recitals ....................4Definitions .............5_7
Term of Contract ..........................7
Water to be Made Available to the Contractor ............... 7-g
Time for Delivery of Water ..........9
Points of Delivery - Responsibility for Distribution of Water.... ... 9-11
Water Measurement within Contractor's Service Area.......... ............12
Payments and Adjustments ........... ..........12_14
Return Flows ...........14
operation and Maintenance by operating Non-Federal Entity .... l5-16
Opinions and Determinations .................16-17
Protection of Water and Air Quality...... .......17
Environmental Measures ................ ........ l7-lg
Charges for Delinquent Payments............... .....................19
Equal Employment Opportunþ ..............Ig_20
General Obligation - Beneflrts Conditioned Upon payment............. .....................21
Books, Records, and Reports................. .......21
Contingent Upon Appropriation or Allotment of Funds.. ...................22
Assignment Limited - Successors and Assigns Obligated................ ....................22
Officials Not to Benefit...... ........22
Compliance with Civil Rights Laws and Regulations 22_23
Changes in Contractor's Service 4rea.......... ...................23
Medium for Transmitting Payments........... .....................23Notices n-24
Contract Drafting Considerations ............ ........................24
Signature Page 25
Temporary Water Service - Year 2015
Contract No. I 5-WC -20-47 59
Exhibit A (Contractor's Service Area Map)
Exhibit B (Rates and Charges)
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Contract No. I 5-WC -20-47 59
TINITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Friant Division, Central Valley Project, California
CONTRACT FOR TEMPORARY WATER SERVICE
BETWEEN THE UNITED STATES
AND
CITY OF FRESNO
20 pursuant to the Act of June 17 , 1902 (32 Stat. 388), and acts amendatory thereof or
supplementary thereto including the Acts of August 26,1937 (50 Stat. 844), as amended
and supplemented, August 4, 1939 (53 Stat. I 187), as amended and supplemented, July 2, 7956
(70 Stat. 483), June 21,1963 (77 Stat.68), October 72,1982 (96 Stat. 1263), October 27,1986
(100 Stat. 3050), as amended, Title XXXN of the Act of October 30,1992 (106 Stat. 4706), and
Title X, Subtitle A, of the Act of March 30, 2009 (I23 Stat. 1349), also referred to as the San
Joaquin River Restoration Settlement Act, all collectively hereinafter referred to as the Federal
Reclamation law, between the LINITED STATES OF AMERICA, hereinafter referred to as the
United States, represented by the officer executing this Contract, hereinafter referred to as the
Contracting Officer, and CITY OF FRESNO, hereinafter referred to as the Contractor;
WITNESSETH, That:
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Contract No. 1 5-WC -20-47 59
EXPLANATORY RECITALS
[lu] WHEREAS, the United States has constructed and is operating the Central Valley
Project, California (Project) for the purposes, among others, of fumishing water for irrigation,
municipal, domestic, mitigation, protection, and restoration of frsh and wildlife, and other
beneficial uses; and
12"\ WHEREAS, if the Contracting OffTcer determines there is a Project Water supply
available at Friant Dam as the result of an unusually large water supply not otherwise storable for
Project purposes or infrequent and otherwise unmanaged flood flows of short duration, such
water will be made available to the Contractor under Section 215 of the Act of October 12,1982,
if the Contractor enters into a temporary contract with the United States not to exceed one (l)
year for the delivery of such water or as otherwise provided for in Federal Reclamation law and
associated regulations; and
[3'd] WHEREAS, pursuant to Section 215 of the Act of October 12,l9B2
(96 Stat. 1263), such Temporary Water supplies used for irrigation purposes are exempt from the
ownership limitations of Federal Reclamation law; and
t4tÏ WHEREAS, the Contractor may need additional water and is willing to contract
with the United States pursuant to terms and conditions set forth below to obtain a supply of such
Temporary Water from Friant Division Project facilities;
NOW, THEREFORE, in consideration of the mutual and dependent covenants herein
contained, the parties mutually agree as follows:
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DEFINITIONS
L When used herein, unless otherwise distinctly expressed or manifestly
incompatible with the intent hereof, the term:
(a) "Calendar Year" shall mean the period January I through December 31,
both dates inclusive;
(b) "Charges" shall mean the payments required by Federal Reclamation law
in addition to the Rates specified in this Contract, as determined annually by the Contracting
Officer pursuant to this Contract;
(c) "Contracting Officer" shall mean the Secretary of the Interior's duly
authorized representative acting pursuant to this Contract or applicable Reclamation law or
regulation;
(d) "Contractor's Service Area" shall mean the area to which the Contractor is
permitted to provide Temporary Water under this Contract as described in Exhibit A attached
hereto, which may be modified from time to time in accordance with Article 21 of this Contract
without amendment of this Contract;
(e) "Irrigation Water" shall mean Temporary Water made available from the
Project that is used primarily in the production of agricultural crops or livestock, including
domestic use incidental thereto, and watering of livestock;
(Ð "Municipal and Industrial Water" or "M&I Water" shall mean Temporary
Water, other than Irrigation Water, made available to the Contractor. M&I Water shall include
water used for human use and purposes such as the watering of landscaping or pasture for
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animals (e.g., horses) which are kept for personal enjoyment or water delivered to land holdings
operated in units of less than five acres unless the Contractor establishes to the satisfaction of the
Contracting Officer that the use of water delivered to any such landholding is a use described in
subdivision (e) of this Article;
(g) "Operation and Maintena¡nce" or "O&M,, shall mean normal and
reasonable care, control, operation, repair, replacement (other than capital replacement), and
maintenance of Project facilities;
(h) "Operating Non-Federal Entity" shall mean the Friant Water Authority, its
successors or assigns, a non-Federal entity which has the obligation to operate and maintain a
portion of the Project facilities in the Friant Division pursuant to a separate agreement with the
united States and which may have funding obligations with respect thereto;
(i) "Project" shall mean the Central Valley project owned by the
United States and managed by the Department of the Interior, Bureau of Reclamation;
Ú) "Rates" shall mean the payments determined annually by the Contracting
Officer in accordance with the then-current applicable water ratesetting policies for the project;
(k) "Secretary" shall mean the Secretary of the Interior, a duly appointed
successor, or an authorized representative acting pursuant to any authority ofthe Secretary and
through any agency of the United States Department of the Interior;
(l) "Temporary Water" shall mean a supply of water made possible during
the Year as a result of an unusually large water supply not otherwise storable for Project
purposes, or infrequent and otherwise unmanaged flood flows of short duration;
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(m) "Temporary Water Delivered" shall mean Temporary Water diverted for
use by the Contractor at the point(s) of delivery approved by the Contracting Off,rcer;
(n) "Temporary Water Scheduled" shall mean Temporary Water to be made
available to the Contractor for which times and quantities for delivery have been established
by the Contractor and Contracting Officer pursuant to Article 4 of this Contract; and
(o) "Year" shall mean the period from and including March I of the
calendar Year through the last day of February of the following calendar year.
TERM OF CONTRACT
2. This Contract shall become effective on the date fîrst hereinabove written and
shall remain in effect through February 29,2016. This Contract shall not be extended or
renewed and no provision of this Contract shall be construed in any way as a basis for the
Contractor to establish any priority or right to a Project water supply or to obligate the
United States to enter into any other water service contract(s): Provided, that nothing in this
Contract shall be construed to modify, amend, or supersede any term or provision of Contractor's
water service or water repayment contract with the United States.
WATER TO BE MADE AVAILABLE TO THE CONTRACTOR
3. (a) It is understood and agreed that because ofits uncertainty as to availability
and time of occurrence, Temporary Water will be furnished only if, as, and when it can be made
available, as determined by the Contracting Offîcer. The Contracting Officer shall announce to
the Contractor the time period(s) during which Temporary Water can be made available under
this Contract. Following such announcement(s) by the Contracting Officer, and subject to the
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terms and conditions hereinafter stated, the United States shall make available to the Contractor a
maximum of 10,000 acre feet of Temporary Water to be applied to beneficial use, consistent
with all applicable State water rights, permits, and licenses; Federal law; and the terms and
conditions of this Contract, within the Contractor's Service Area except as otherwise approved
pursuant to subdivisions (c), (d), or (e) of Article 5 of this Contract. If the Contractor submits a
written request to revise the Contract's stated maximum quantity that provides the basis for its
proposed revision, the Contracting Officer will consider such request and provide a written
response. At the exclusive discretion of the Contracting Offîcer, the maximum Contract quantity
may be increased without amendment to this Contract. Temporary Water Delivered to the
Contractor in accordance with this subdivision shall be scheduled and paid for pursuant to the
provisions of Articles 4 andT of this Contract.
(b) Deliveries of Temporary Water shall be terminated when the Contracting
Officer determines that Temporary Water is no longer available. The announcement(s) by the
Contracting Officer of the availability and subsequent non-availability of Temporary Water may
be made either orally or in writing on24 hours' or less notice.
(c) The Contractor shall utilize the Temporary Water in accordance with all
applicable legal requirements.
(d) The Contractor shall make reasonable and beneficial use of all Temporary
Water furnished pursuant to this Contract.
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TIME FOR DELIVERY OF WATER
4. The Contractor shall submit to the Contracting Officer a written schedule,
satisfactory to the Contracting Officer, showing the monthly quantity and the time for delivery of
the Temporary Water to be made available pursuant to subdivision (a) of Article 3 of this
Contract: Provided, That the Contractor shall not schedule Temporary Water during the term of
this Contract in excess of the quantity that the Contractor intends to put to beneficial use within
the Contractor's Service Area unless otherwise approved pursuant to subdivision (e) of Article 5
of this Contract. Said delivery schedule and any revisions thereof shall be submitted at such
times as determined by the Contracting Officer and shall be subject to the approval of the
Contracting Officer.
POINTS OF DELIVERY _ RESPONSIBILITY
FOR DISTRIBUTION OF WATER
5. (a) Temporary Water Scheduled shall be delivered to the Contractor at a point
or points on the Friant-Kern Canal and any additional point or points of delivery either on Project
facilities or another location or locations mutually agreed to in writing by the Contracting Officer
and the Contractor.
(b) All Temporary Water Delivered to the Contractor pursuant to this Contract
shall be measured and recorded with equipment furnished, installed, operated, and maintained by
the Contracting Officer either directly or indirectly through its written agreement(s) with the
Operating Non-Federal Entity, unless undertaken by the Contractor with the consent of the
Contracting Officer, at the point or points of delivery established pursuant to subdivision (a) of
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this Article. Upon the request of either party to this Contract, the Contracting Officer shall
investigate, or cause to be investigated by the appropriate Operating Non-Federal Entity, the
accuracy of such measurements and shall take any necessary steps to adjust any errors appearing
therein. For any period of time when accurate measurements have not been made, the
Contracting Officer shall make a final determination of the quantity delivered for that period of
time. The Contracting Officer shall consult with Contractor and the Operating Non-Federal
Entity prior to making said determination.
(c) Temporary Water made available pursuant to this Contract shall only be
delivered by the Contractor to lands situated within the Contractor's Service Area depicted on
Exhibit A, unless otherwise authorized under subdivision (e) of this Article of this Contract.
(d) Temporary Water made available pursuant to this Contract shall not be
transferred, exchanged, banked, or otherwise disposed of by the Contractor, unless otherwise
authorized under subdivision (e) of this Article of this Contract.
(e) Temporary Water made available pursuant to this Contract shall not be
transferred, exchanged, or banked for other water supplies without the written approval of the
Contracting Officer prior to the transfer, exchange, or banking, and no transfers, exchanges or
banking shall be approved absent all appropriate environmental documentation, including but not
limited to, documents prepared pursuant to the National Environmental Policy Act and the
Endangered Species Act.
(Ð Absent a separate written agreement with the Contractor to the contrary,
neither the Contracting Officer nor the Operating Non-Federal Entity shall be responsible for the
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control, caniage, handling, use, disposal, or distribution of Temporary Water Delivered to the
Contractor pursuant to this Contract beyond the point(s) of delivery specified in subdivision (a)
of this Article. The Contractor shall indemnify the United States, its officers, employees, agents,
and assigns on account of damage or claim of damage of any nature whatsoever for which there
is legal responsibility, including property damage, personal injury, or death arising out of or
connected with the control, carriage, handling, use, disposal, or distribution of such Temporary
Water Delivered beyond such delivery points, except for any damage or claim arising out of
(i) acts or omissions of the Contracting Officer or any of its officers, employees, agents, or
assigns, including the Operating Non-Federal Entity, with the intent of creating the situation
resulting in any damage or claim, (ii) willful misconduct of the Contracting Officer or any of its
officers, employees, agents, or assigns, including the operating Non-Federal Entity,
(iii) negligence of the Contracting Officer or any of its officers, employees, agents, or
assigns, including the Operating Non-Federal Entity, or (iv) damage or claims resulting from a
malfunction of facilities owned andlor operated by the United States or the Operating Non-
Federal Entity. The Contractor further releases the United States, its officers, agents, or assigns,
including the Operating Non-Federal Entity, from every claim for damage to persons or property,
direct or indirect, resulting from the Contracting Officer's determinations of the quantity of
Temporary Water made available in the Friant Division Project facilities. Nothing contained in
this Article shall be construed as an assumption of liability by the Contractor with respect to such
matters.
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WATER MEASUREMENT WITHIN CONTRACTOR'S SERVICE AREA
6. (a) The Contractor shall ensure that all Temporary Water Delivered for
irrigation purposes within the Contractor's Service Area is measured at each agricultural tumout
andthat all Temporary Water Delivered for municipal and industrial (M&D purposes is
measured at each M&I service connection. The water measuring devices or water measuring
methods of comparable effectiveness must be acceptable to the Contracting Offrcer. The
Contractor shall be responsible for installing, operating, and maintaining and repairing all such
measuring devices and implementing all such water measuring methods at no cost to the United
States. The Contractor shall use the information obtained from such water measuring devices or
water measuring methods to ensure its proper management of the Temporary Water and to bill
water users for deliveries of such water by the Contractor. Nothing herein contained, however,
shall preclude the Contractor from establishing and collecting any charges, assessments, or other
revenues authorized by Califomia law.
(b) The Contractor shall inform the Contracting Officer and the Operating
Non-Federal Entity on or before the 20th calendar day of each month of the quantity of Irrigation
Water and M&I Water taken during the preceding month.
PAYMENTS AND ADJUSTMENTS
7. (a) Upon execution of this Contract, the Contractor shall pay to the
United States the sum of $ 1,000 which shall constitute an administrative charge hereunder. No
refund of the administrative charge shall be made by the United States to the Contractor.
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(b) At the time the Contractor submits a delivery schedule, or any revision
thereof, pursuant to Article 4 of this Contract, the Contractor shall make an advance payment to
the United States equal to the total amount payable pursuant to the applicable Rate(s) set forth in
Exhibit B, for the quantity of Temporary Water Scheduled. Temporary Water shall not be
delivered to the Contractor prior to receipt of such advance payment: Provided, That the
Contractor is not required to initially schedule the maximum amount of water specified in
subdivision (a) of Article 3 of this Contract.
(c) In addition to payment of the Rate(s) pursuant to subdivision (b) of this
Article, the Contractor shall pay all Charges owing for Temporary Water Delivered before the
end of the month following the month of delivery. The Charges for Temporary Water Delivered
pursuant to this Contract are set forth in Exhibit B. Charges required pursuant to P.L. 102-575
will adjust on October 1,2015. Following the adjustment, the Contractor shall pay the adjusted
Charges. All Charges due shall be based on the quantities of Irrigation Water and M&I Water
shown in the United States' water delivery report for the subject month. The water delivery
report shall be regarded by the Contractor as a bill for the payment of appropriate Charges. Any
monthly adjustment for overpayment or underpayment of Charges shall be accomplished through
the adjustment of Charges due to the United States in the next month.
(d) Within 60 days of the expiration of this Contract, any payment made by
the Contractor in excess of the total amount due to the United States pursuant to this Contract
shall, at the option of the Contractor, be refunded by the United States to the Contractor or
credited against other obligations due to the United States by the Contractor. With respect to
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overpayment, such refund or credit shall constitute the sole remedy of the Contractor or anyone
having, or claiming to have by or through the Contractor, the right to the use of any of the
Temporary Water supply provided for herein.
(e) Payments to be made by the Contractor to the United States under this
Contract may be paid from any revenues available to the Contractor.
(Ð All payments from the Contractor to the United States under this Contract
shall be by the medium requested by the United States on or before the date payment is due. The
required method of payment may include checks, wire transfers, or other types of payment
specifìed by the United States.
(g) Upon execution of the Contract, the Contractor shall furnish the
Contracting Officer with the Contractor's taxpayer's identification number (TIN). The purpose
for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising
out of the Contractor's relationship with the United States.
RETURN FLOWS
8. The United States reserves the right to all seepage and return flow water derived
from Temporary Water Delivered to the Contractor hereunder which escapes or is discharged
beyond the Contractor's Service Area: Provided: That this shall not be construed as claiming for
the United States any right as seepage or return flow to water being used pursuant to this
Contract for surface irrigation or underground storage either being put to reasonable and
beneficial use pursuant to this Contract within the Contractor's Service Area by the Contractor or
those claiming by, through, or under the Contractor. For purposes of this subdivision,
groundwater recharge, groundwater banking and all similar groundwater activities will be
deemed to be underground storage.
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OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY
9. (a) The O&M of a portion of the Project facilities which serve the Contractor,
and responsibility for funding a portion of the costs of such O&M, have been transferred to the
Operating Non-Federal Entity by separate agreement between the United States and the
Operating Non-Federal Entity. That separate agreement shall not interfere with or affect the
rights or obligations of the Contractor or the United States hereunder.
(b) The Contractor shall pay directly to the Operating Non-Federal Entity, or
to any successor approved by the Contracting Off,rcer under the terms and conditions of the
separate agreement between the United States and the Operating Non-Federal Entity described in
subdivision (a) of this Article, all rates, charges, or assessments of any kind, including any
assessment for reserve funds, which the Operating Non-Federal Entity or such successor
determines, sets, or establishes for the O&M of the portion of the Project facilities operated and
maintained by the Operating Non-Federal Entity. Such direct payments to the Operating Non-
Federal Entity or such successor shall not relieve the Contractor of its obligation to pay directly
to the United States the Contractor's share of the Project Rates and Charges, except to the extent
the Operating Non-Federal Entity or such successor collects payments on behalf of the United
States in accordance with the separate agreement identified in subdivision (a) of this Article.
(c) For so long as the O&M of any portion of the Project facilities serving the
Contractor is performed by the Operating Non-Federal Entity, or any successor thereto, the
Contracting Officer shall adjust those components of the Rates for water delivered under this
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Contract representing the cost associated with the activity being performed by the Operating
Non-Federal Entity or its successor.
(d) In the event the O&M of the Project facilities operated and maintained by
Operating Non-Federal Entity, or any successor thereto, is re-assumed by the United States
during the term of this Contract, the Contracting Officer shall so notify the Contractor, in
writing, and present to the Contractor a revised Exhibit B which shall include the portion of the
Rates to be paid by the Contractor for the water under this Contract representing the O&M costs
of the portion of such Project facilities which have been re-assumed. The Contractor shall,
thereafter, in the absence of written notification from the Contracting Offìcer to the contrary, pay
the Rates and Charges specified in the revised Exhibit B directly to the United States in
compliance with Article 7 of this Contract.
OPINIONS AND DETERMINATIONS
10. (a) Where the terms of this Contract provide for actions to be based upon the
opinion or determination of either party to this Contract, said terms shall not be construed as
permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or
determinations. Both parties, notwithstanding any other provisions of this Contract, expressly
reserve the right to seek relief from and appropriate adjustment for any such arbitrary, capricious,
or unreasonable opinion or determination. Each opinion or determination by either party shall be
provided in a timely manner. Nothing in subdivision (a) of this Article is intended to or shall
affect or alter the standard ofjudicial review applicable under Federal law to any opinion or
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determination implementing a specific provision of Federal law embodied in statute or
regulation.
(b) The Contracting Officer shall have the right to make determinations
necessary to administer this Contract that are consistent with the provisions of this Contract, the
laws of the United States and the State of California, and the rules and regulations promulgated
by the Secretary. Such determinations shall be made in consultation with the Contractor to the
extent reasonably practicable.
PROTECTION OF WATER AND AIR OUALITY
1 1. (a) Project facilities used to make available and deliver Temporary Water to
the Contractor shall be operated and maintained in the most practical manner to maintain the
quality of the Temporary Water at the highest level possible as determined by the Contracting
Officer: Provided: That the United States does not warrant the quality of the Temporary Water
delivered to the Contractor and is under no obligation to furnish or construct water treatment
facilities to maintain or improve the quality of Temporary Water Delivered to the Contractor.
(b) The Contractor shall comply with all applicable water and air pollution
laws and regulations of the United States and the State of California and shall obtain all required
permits or licenses from the appropriate Federal, State, or local authorities necessary for the
delivery of Temporary Water by thd Contractor; and shall be responsible for compliance with all
Federal, State, and local water quality standards applicable to surface and subsurface drainage
andlor discharges generated through the use of Federal or Contractor facilities or Temporary
Water provided by the Contractor within the Contractor's Service Area.
(c) This Article shall not affect or alter any legal obligations of the Secretary
to provide drainage or other discharge services.
ENVIRONMENTAL MEASURES
12. (a) The Contractor shall comply with the applicable environmental measures
established in the environmental documentation, Categorical Exclusion Checklist No. 14-063,
Friant Division 215 Contracts for Water Year 2015 dated December 22,2014 prepared by the
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Contracting Officer for this Contract. Such environmental measures are outlined, but not limited
to subdivisions 12(a)(1) through l2(b)(2), of this Article:
(1) The Contractor's application of Temporary Water made available
pursuant to this Contract shall not affect threatened or endangered species or critical habitat.
(2) Grasslands and shrub land that have never been tilled or irrigated will
neither be tilled nor irrigated and put into production using Temporary Water.
(3) Land that has been fallowed, idled, and/or uncultivated on a temporary
basis (i.e., less than three consecutive years) and has now been rotated back into production is
not considered conversion of native habitat. However, if crop lands have remained fallowed for
three consecutive years or longer, said crop lands must be surveyed by the Contractor for
threatened or endangered species prior to the application of any Temporary Water. The survey
method must be deemed appropriate by the Contracting Officer. If threatened or endangered
species are found, such lands shall not be irrigated with Temporary Water.
(b) The Contractor will comply with all federal, state, local, and tribal law, and
requirements imposed for protection of the environment and Indian Trust Assets and the
following provisions: (1) Temporary Water made available pursuant to this Contract will
remain within the respective inigation and M&I water rights place of use for the Friant Division
ofthe Project; and
(2) Temporary Water will be conveyed through existing facilities with no
new construction or modifications to such facilities in order to take delivery of the Temporary
Water.
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CHARGES FOR DELINOUENT PAYMENTS
13. (a) The Contractor shall be subject to interest, administrative, and penalty
charges on delinquent payments. If a payment is not received by the due date, the Contractor
shall pay an interest charge on the delinquent payment for each day the payment is delinquent
beyond the due date. If a payment becomes 60 days delinquent, the Contractor shall pay, in
addition to the interest charge, an administrative charge to cover additional costs of billing and
processing the delinquent payment. If a payment is delinquent 90 days or more, the Contractor
shall pay, in addition to the interest and administrative charges, a penalty charge for each day the
payment is delinquent beyond the due date, based on the remaining balance of the payment due
at the rate of 6 percent per year. The Contractor shall also pay any fees incurred for debt
collection services associated with a delinquent payment.
(b) The interest rate charged shall be the greater of either the rate prescribed
quarterly in the Federal Register by the Department of the Treasury for application to overdue
payments, or the interest rate of 0.5 percent per month. The interest rate charged will be
determined as of the due date and remain fixed for the duration of the delinquent period.
(c) When a partial payment on a delinquent account is received, the amount
received shall be applied first to the penalty charges, second to the administrative charges, third
to the accrued interest, and finally to the overdue payment.
EQUAL EMPLOYMENT OPPORTTINITY
During the performance of this Contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, disability, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, disability, or
national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Contracting Officer setting forth the provisions of this
nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, disability, or
national origin.
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(c) The Contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the Contracting Officer, advising the labor union or workers' representative of
the Contractor's commitments under Section 202 of Executive Order 1,1246 of September24,
1965 (EO 11246), and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(d) The Contractor will comply with all provisions of EO 11246, and of the
rules, regulations, and relevant orders ofthe Secretary ofLabor.
(e) The Contractor will fumish all information and reports required by
EO 11246, and by the rules, regulations, and orders ofthe Secretary ofLabor, or pursuant
thereto, and will permit access to its books, records, and accounts by the Bureau of Reclamation
(Contracting Agency) and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(Ð In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of such rules, regulations, or orders, this Contract may
be canceled, terminated or suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
EO 11246, and such other sanctions may be imposed and remedies invoked as provided
in EO 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided
by law.
(g) The Contractor will include the provisions of paragraphs (a) through (g) in
every subcontract or purchase order unless exempted by the rules, regulations, or orders ofthe
Secretary of Labor issued pursuant to Section 204 of EO 11246, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as may be directed by the Secretary of Labor as a means of
enforcing such provisions, including sanctions for noncompliance: Provided. however, That in
the event the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
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Contract No. I 5-WC -20-47 59
GENERAL OBLIGATION _ BENEFITS CONDITIONED UPON PAYMENT
15. (a) The obligation of the Contractor to pay the United States as provided in
this Contract is a general obligation of the Contractor notwithstanding the manner in which the
obligation may be distributed among the Contractor's water users and notwithstanding the default
of individual water users in their obligations to the Contractor.
(b) The payment of charges becoming due pursuant to this Contract, in
compliance with Article 7 , is a condition precedent to receiving benefïts under this Contract.
The United States shall not make Temporary Water available to the Contractor through Project
facilities during any period in which the Contractor may be in arrears in the advance payment of
the water rates due the United States. The Contractor shall not furnish Temporary Water made
available pursuant to this Contract for lands or parties which are in arrears in the advance
payment of water rates levied or established by the Contractor.
(c) With respect to subdivision (b) of this Article of this Contract, the
Contractor shall have no obligation to require advance payment for water rates which it levies.
BOOKS. RECORDS. AND REPORTS
16. The Contractor shall establish and maintain accounts and other books and records
pertaining to administration of the terms and conditions of this Contract, including the
Contractor's financial transactions; water supply data; project operation, maintenance, and
replacement logs; project land and rights-oÊway use agreements; the water users' land-use (crop
census), land-ownership, land-leasing, and water-use data; and other matters that the Contracting
Officer may require. Reports shall be furnished to the Contracting Ofhcer in such form and on
such date or dates as the Contracting Offrcer may require. Subject to applicable Federal laws
and regulations, each party to this Contract shall have the right during office hours to examine
and make copies of the other party's books and records relating to matters covered by this
Contract.
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Contract No. 1 5-WC -20-47 59
CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS
17 . The expenditure or advance of any money or the performance of any obligation of
the United States under this Contract shall be contingent upon appropriation or allotment of
funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any
obligations under this Contract. No liability shall accrue to the United States in case funds are
not appropriated or allotted.
ASSIGNMENT LIMITED _ SUCCESSORS AND ASSIGNS OBLIGATED
18. The provisions of this Contract shall apply to and bind the successors and assigns
of the parties hereto, but no assignment or transfer of this Contract or any right or interest therein
by either party shall be valid until approved in writing by the other party.
OFFICIALS NOT TO BENEFIT
19. No Member of or Delegate to the Congress, Resident Commissioner, or official of
the Contractor shall benefit from this Contract other than as a water user or landowner in the
same manner as other water users or landowners
COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
20. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964
(Pub. L. 88-352; 42 U.S.C. $ 2000d), the Rehabilitation Act of 1973 (Pub. L.93-112, Title V,
as amended; 29 U.S.C. $ 791, et seq.), the Age Discrimination Act of 1975 (Pub. L. 94-735,
Title III; 42 U.S.C. $ 6101, et seq.), Title II of the Americans with Disabilities Act of 1990
(Pub. L. 101-336; 42 U.S.C. $ 12131, et seq.), and any other applicable civil rights laws, as well
as with their respective implementing regulations and guidelines imposed by the
U.S. Department of the Interior and/or Bureau of Reclamation.
(b) These statutes prohibit any person in the United States from being
excluded from participation in, being denied the benefits of, or being otherwise subjected to
discrimination under any program or activity receiving financial assistance from the Bureau of
Reclamation on the grounds of race, color, national origin, disability, or age. By executing this
Contract, the Contractor agrees to immediately take any measures necessary to implement this
obligation, including permitting officials of the United States to inspect premises, programs, and
documents.
(c) The Contractor makes this agreement in consideration of and for the
purpose ofobtaining any and all Federal grants, loans, contracts, property discounts, or other
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Contract No. 1 5-WC -20-47 59
Federal financial assistance extended after the date hereof to the Contractor by the Bureau of
Reclamation, including installment payments after such date on account of arrangements for
Federal financial assistance which were approved before such date. The Contractor recognizes
and agrees that such Federal assistance will be extended in reliance on the representations and
agreements made in this Article and that the United States reserves the right to seek judicial
enforcement thereof.
(d) Complaints of discrimination against the Contractor shall be investigated
by the Contracting Officer's Office of Civil Rights.
CHANGES IN CONTRACTOR'S SERVICE AREA
2L While this Contract is in effect, no change may be made in the Contractor's
Service Area or boundaries, by inclusion or exclusion of lands, dissolution, consolidation,
merger or otherwise, except upon the Contracting officer's written consent.
MEDIUM FOR TRANSMITTING PAYMENTS
22. (a) All payments from the Contractor to the United States under this contract
shall be by the medium requested by the United States on or before the date the payment is due.
The required method of payment may include checks, wire transfers, or other types of payment
specified by the United States.
(b) Upon execution of the contract, the Contractor shall fumish the
Contracting Officer with the Contractor's taxpayer's identification number (TIN). The purpose
for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising
out of the Contractor's relationship with the United States.
NOTICES
23. (a) Any notice, demand, or request authorized or required by this Contract
shall be deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid,
or delivered to the Area Manager, 1243 "N" Street, Fresno, California 93721, and on behalf of
the United States, when mailed, postage prepaid, or delivered to the City of Fresno, Public
Utilities Director, 2600 Fresno Street, Room 3065, Fresno, Californi a,93721-3624. The
designation of the addressee or the address may be changed by notice given in the same manner
as provided in this Article for other notices
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Contract No. 1 5-WC -20-47 59
(b) At such time as the Contractor provides information to the Contracting
Officer pursuant to subdivision (a) of this Article, a copy of such information shall be provided
to the Operating Non-Federal Entity.
CONTRACT DRAFTING CONSIDERATIONS
23. This Contract has been negotiated and reviewed by the parties hereto, each of
whom is sophisticated in the matters to which this Contract pertains. The double-spaced articles
of this Contract have been drafted, negotiated, and reviewed by the parties, and no one party
shall be considered to have drafted the stated articles.
24
IN WITNESS WHEREOF, the parries
the day and year f,irst above written.
Temporary Water Service -Year 2015
Contract No. I 5-WC -20-47 59
hereto have executed this Contract as of
LINITED STATES OF AMERICA
CITY OF FRESNO
(SEAL)
Attest:
City Clerk o,nÞ M rrrf r".
-w
South-Central Cali ia Area Office
Bureau of Reclamation
25
CITY OF FRESNO
Contract No. 1 5-WC-2047 59
EXHIBIT A
RECLAMATION
Dalet 1212112015
Flle Name: N:\Disùicts\Conkacts\Fr¡ant21sconkecls\Fr¡ant215 20151211 mxd
Managing l\'ater in thel(est
N
A ',ruu-ror-',uo
Temporary Water Service - Year 2015
Contract No. l5-WC -20-47 59
EXHIBIT B
Year 2015
City of Fresno
Rates and Charges
er Acre-Foot
Irrigation
Water
M&I
Water
Other
Water
Capital Component
Conveyance $7.3 5 $0.3 6 $0.36
O&M Component
Vy'atel Marketing
Conveyancel
Corrveyance Purnpingl
$8.5 8
$1.40
$0.00
$s.19
5t.24
$0.00
ss.19
$r.24
$0,00
Total Cost of Service Rate $ 1 7.33 s6.19 $6.79
P.L. 102-575 Surcharges'
Friant Surcharge
Restoration Fund Surcharge
$7.00
$ r0.07
$7.00
$20. r 4
$7.00
$20.1 4
P.L. 106-377 Ässessment3
Trinity Public LJriliries District
s1.6s $ 1.6s $ 1.6s
Total Charges and Assessments $ 18.72 $28.79 s28,79
Total Per Acre-Foot $36.0s $3 s.s 8 $3 s.s 8
t Conu.yun.e and Conveyance Pumping O&M costs have been removed for ratesetting pulposes and the Contractor
will be directly billed by the Operating Non-Federal Entify except for the lJnfunded Delta Barrier costs.
2 Tlre P.L. 102-515 Surcharges are required pursuantto Section 3407 of the Central Valley Project Improventent
/ct,PublieLaw 102-515, Title XXXIV, 106 Stat. 4106,and are detemined annually on a fiscal year basis (October
I September 30). The M&l Surcharge applies to Temporary Water purchased for M&l purposes by any State or
local agency or other entity which has not previously been a Project customer prior to October 12, 1992, Entities
which held only shorl-ternr ol interim water selvice contracts prior to October 31,1992, without right of renewal,
are regalded as not having been a Project customer prior to October 31,1992.
' Th. Trinity Public I.Jtilities District Assessment is requirecl pursuant to Section 203 of Public Law 106-377, and is
determined annually for the period from and including March I of each Calendar Year through and including the
last day of February of the following Calendar Year.