HomeMy WebLinkAboutResolution 2001-035 agreement for the delivery of excess CAP water MARANA RESOLUTION NO. 2001-35
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE
TOWN OF MARANA AND CENTRAL ARIZONA WATER CONSERVATION DISTRICT
PROVIDING FOR THE DELIVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER.
WHEREAS, the Town of Marana, in order to maintain its Designation of Assured Water
Supply, is ~:equired by the Arizona Department of Water Resources (ADWR) to recharge or directly
use renewable resource water to offset the groundwater pumped each year; and
WHEREAS, the Town of Marana pumped 520 acre-feet of groundwater in 2001 and has a
current agreement with CAWCD to acquire 47 acre-feet of CAP water for recharge; and
WHEREAS, the United States of America, acting through the Department of the Interior, and
the Central Arizona Water Conservation District (the "CAWCD") entered into an agreement on
December 1, 1988, whereby the CAWCD may sell for various uses water that is not already allocated
for distribution by the CAWCD; and
WHEREAS, the Town of Marana desires to obtain an additional soume of water for the
purpose of recharge or directly using a renewable water source to fulfill its Designation of Assured
Water Supply; and
WHEREAS, the CAWCD may annually have additional water that the Town may use for
recharge or for directly using a renewable water source and has offered to contract, through the
Agreement, with the Town for the contingent purchase of that water; and
WHEREAS, acceptance of the Agreement between the Town of Marana and the CAWCD
providing for the delivery of excess Central Arizona Project ("CAP") water will enable the Town
to contingently pumhase additional CAP water; and
WHEREAS, the Town will contract with Cortaro/Marana Irrigation District to recharge the
CAP water and the Town will gain stored water credits for the recharged water, which will satisfy
the recharge requirement of ADWR.
WHEREAS, the Mayor and Council find that it is in the best interest of the Town to enter
into the Agreement with CAWCD to purchase excess CAP water; and
Marana, Arizona Resolution No. 2001-35 Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town o£
Marana, Arizona, accepting and authorizing the approval of the Agreement between the Town of
Marana and the Central Arizona Water Conservation District providing for the delivery of Excess
Central Arizona Project Water.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
6th day of April 2001. ~_~,~
ATTEST:. m a~,ort~r~Y'SUTTON, JR.
Town Clerk ~_~;~,~,~
APPROVED AS TO FORM: ~'~a~,~0~;~*'~_,
Danie! J. ~ochuli, Esq.
As Town Attorney
and not personally
Marana, Arizona Resolution No. 2001-35 Page 2 of 2
F. ANN RODRIGUE~ RECORDER
RECORDED BY: K
DE.o.,.l.1TY RECORDER
9383 ROOC
DOCKET: 11546
P~: 2044
N\ ~F PAGES: 21
SEQUENCE: 20010910596
05/10/2001
AG 16:06
SMAlU!.
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID
$
16.00
3
5
AGREEMENT BETWEEN THE CENTRAL ARIZONA
WATER CONSERVATION DISTRICT AND TOWN OF MARANA
PROVIDING FOR THE DELIVERY OF EXCESS
CENTRAL ARIZONA PROJECT WATER
4
6
7
This Agreement is made as of the ~ day of
May
, 2001,
8 in pursuance generally of the Act of June 17, 1902 (32 Stat. 388),
9 and acts amendatory thereof or 1;upplementary thereto, including but
10 not limited to the Boulder Canyon Project Act of December 21, 1928
11 (45 Stat. 1057, as amended, the Reclamation Project Act of August 4,
12 1939 (53 Stat. 1187), as amended, the Reclamation Reform Act of
13 October 12, 1982 (96 Stat. 1263), and particularly the Colorado
14 River Basin Project Act of September 30, 1968 (82 Stat. 885), as
15 amended (the "Basin proj ect Act"), between the CENTRAL ARIZONA WATER
16
CONSERVATION DISTRICT
("CAWCD") ,
and TOWN OF MARANA
(the
17 "Contractor"), with its principal place of business in Marana,
18 Arizona.
19 RECITALS
20
A.
The Basin Project Act provides, among other things, that
21
for the purposes of furnishing irrigation and municipal and
22
industrial ("M&I") water supplies to water deficient areas of
23
Arizona and western New Mexico through direct diversion or exchange
."
,......
24
of water, control of floods, conservation and development of fish
25
and wildlife resources, enhancement of recreation opportunities, and
26 for other purposes, the Secretary shall construct, operate, and
ORIGINAL 2 OF 2
maintain the Central Arizona Project ("CAP").
B. The United States and CAWCD have entered into
2
Contract No. 14-06-W-245, Amendment No. I, dated December I, 1988
3
(the "Repayment Contract"), which is incorporated by reference,
4
providing for the delivery of water and repayment of costs of the
5
CAP.
6
C. The United States and CAWCD have entered into the
7
Stipulation Regarding a Stay of Litigation, Resolution of Issues
8
9
During the Stay and for Ultimate Judgment upon the Satisfaction of
Conditions, filed with the United States District Court on May 3,
10
2000, in Central Arizona Water Conservation District v. United
11
States, No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC
12
(Consolidated Action) (the "Stipulation"), which modifies the
13
Repayment Contract in certain respects.
14
D. Paragraph 5 (d) (2) of the Stipulation grants CAWCD the
15
exclusive right to sell or use Excess Water.
16
E. The Contractor is in need of a water supply and
17
desires to contract with CAWCD for Excess Water.
18
AGREEMENT
19
Repayment Contract and Stipulation Controlling
20
1.
The Contractor expressly approves and agrees to all the
1
21
terms presently set out in the Repayment Contract and Stipulation,
22
or as such terms may be hereafter amended, and agrees to be bound
23
by the actions to be taken and the determinations to be made under
2
, ~
24
those agreements, except as otherwise provided herein. In the event
25 _
of any inconsistency between this Agreement and the Repayment
26
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1
Contract, the provisions of the Repayment Contract, as modif~ed by
the Stipulation, shall be controlling. Definitions included in the
2
Repayment Contract and Stipulation are applicable to this Agreement.
3
The first letters of terms so defined are capitalized herein.
4
Delivery of Water by CAWCD
5
2. In so far as Project Water supplies and the delivery
6
capability of the Project will permit, and subject to the provisions
7
of the Repayment Contract and Stipulation, CAWCD will deliver Excess
8
Water to the Contractor in an amount, and at a water service charge,
9
to be determined in accordance with the terms of this Agreement.
10
The determination of whether Excess Water is available for delivery
11
in any Year, and, if so, the amount of such Excess Water that is
12
available for delivery under this Agreement in any Year, is a
13
determination within the exclusive discretion of CAWCD; Provided,
14
however, That delivery of Excess Water under this Agreement shall
15
be subject to the prior satisfaction of all water deliveries
16
scheduled pursuant to a long-term contract or subcontract for
17
Project Water service, as that term is used in the Stipulation.
18
Term
19
3. The initial term of this Agreement expires on December 31
20
of the year in which it is executed.
This Agreement will be
21
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automatically renewed for successive one-year terms unless either
22
party notifies the other by October 1 of any year that it does not
23
wish to renew the Agreement for the following year or unless sooner
L
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terminated in accordance with Article 6 or Article 11.
25
* * *
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Conditions Relating to Deliverv and Use
1
4. The delivery and use of water under this Agreement is
2
conditioned on the following, and the Contractor hereby agrees that:
3
(a) All uses of Project Water and Return Flow shall be
4
consistent with Arizona water law unless such law is inconsistent
5
with the Congressional directives applicable to the Central Arizona
6
Project.
7
(b) proj ect Water shall be used within Contractor IS
8
service area or place of use.
The Contractor's service area or
9
place of use is shown on the map which is attached as Exhibit A and
10
incorporated by this reference.
11
(c) The system or systems through which Project Water is
12
conveyed after delivery to the Contractor shall consist of
13
pipelines, canals, distribution systems, or other conduits which
14
will prevent excessive conveyance losses.
15
(d) Project Water furnished pursuant to this Agreement
16
shall be delivered through Project Works for use directly or by
17
exchange as permitted by law.
18
(e) Project Water furnished to the Contractor pursuant
19
to this Agreement may not be resold or transferred, but the
20
Contractor may enter into an arrangement with a groundwater savings
i!
1
21
facility allowed under state law to store Project Water.
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22
(f)
6
The Contractor shall not pump, or within its legal
23
authority, permit others to pump ground water from within the
L
24
exterior boundaries of the Contractor's service area for use outside
iii
.,
25
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of said service area unless such pumping is permitted under Title
26
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45, Chapter 2, Arizona Revised Statutes, as it may be amended from
1
time to time, and CAWCD, and the Contractor shall agree, or shall
2
have previously agreed, that a surplus of ground water exists and
3
drainage is or was required; Provided, however, That such pumping
4
may be approved by CAWCD, and approval shall not be unreasonably
5
withheld, if such pumping is in accord with the Basin Project Act
6
and upon submittal by the Contractor of a written certification from
7
the Arizona Department of Water Resources or its successor agency
8
that the pumping and transportation of ground water is in accord
9
with Title 45, Chapter 2, Arizona Revised Statutes, as it may be
10
amended from time to time.
11
(g) Notwithstanding any other provision of this Agreement,
12
Project Water shall not be delivered to the Contractor unless and
13
until the Contractor has obtained final environmental clearance from
14
CAWCD for the system or systems through which Project Water is to
15
be conveyed after delivery to the Contractor at the Contractor's
16
Project delivery point.
17
Procedure for Orderinq Water
18
5. (a) On or before the date of execution of this Agreement,
19
or as soon thereafter as is practicable, CAWCD will notify the
20
Contractor of the amount of Project Water available for delivery
21
during the first Year under this Agreement (the initial Year of
::Jl
~
~,
22
23
water delivery). The Contractor shall, within a reasonable period
of time as determined by CAWCD, submit a written schedule to CAWCD
24
showing the quantity of Excess Water desired by the Contractor
25
during each month of the initial Year of water delivery. CAWCD will
26
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review the requested schedule and determine whether Excess Water is
1
available for delivery in the initial Year of water delivery, and,
2
if so, the amount of Excess Water available for delivery under this
3
Agreement during such Year.
Within thirty (30) days of CAWCD's
4
receipt of the Contractor's requested schedule, CAWCD shall
5
determine and furnish to the Contractor the water delivery schedule
6
for the initial Year of water delivery which shall show the amount
7
of Excess Water projected to be delivered to the Contractor during
8
each month of such Year, contingent upon the Contractor remaining
9
eligible to receive water under all terms contained herein.
10
(b) The amounts, times, and rates of delivery of Excess
11
Water to the Contractor during each Year subsequent to the initial
12
Year of water delivery shall be in accordance with a water delivery
13
schedule for that Year. Such schedule shall be determined in the
14
following manner:
15
(i) On or before July 1 of each Year beginning with
16
July 1 of the initial Year of water delivery, CAWCD shall issue a
17
notice of availability of Excess Water to the Contractor.
18
(ii) On or before October 1 of each Year beginning
19
with October 1 of the initial Year of water delivery, the Contractor
20
shall submit in writing to CAWCD a water delivery schedule
i
.it
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=.
21
22
indicating the amounts of Excess Water desired by the Contractor
during each month of the following Year.
~:
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23
(iii) Upon receipt of the schedule, CAWCD shall
24
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~
review it together with all other water delivery schedules, and
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..
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determine whether Excess Water is available for delivery in the
26
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following Year, and, if so, the amount of Excess Water available for
1
delivery under this Agreement in the following Year.
2
(iv) On or before November 15 of each Year beginning
3
with November 15 of the initial Year of water delivery, CAWCD shall
4
determine and furnish to the Contractor the water delivery schedule
5
for the following Year which shall show the amount of Excess Water
6
to be delivered to the Contractor during each month of that Year,
7
contingent upon the Contractor remaining eligible to receive water
8
under all terms contained herein.
9
(c) The monthly water delivery schedules may be amended
10
upon the Contractor's written request to CAWCD. Proposed amendments
11
shall be submitted by the Contractor to CAWCD no later than 15 days
12
before the desired change is to become effective, and shall be
13
subject to review and modification in like manner as the schedule.
14
CAWCD shall notify the Contractor of its action on the Contractor's
15
requested schedule modification within 10 days of CAWCD's receipt
16
of such request.
17
(d) The Contractor shall hold CAWCD, its officers, agents, and
18
employees, harmless on account of damage or claim of damage of any
19
nature whatsoever arising out of or connected with the actions of
20
CAWCD regarding water delivery schedules furnished by or to the
21
Contractor.
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23
Contractor's Project Delivery Point, Measurement
and Responsibilitv for Distribution of Water
ell
,e,-"
24
6 .
(a) Excess Water furnished to the Contractor pursuant to
, ~
i/5
5
25
this agreement shall be delivered to the Contractor at such point (s)
26 on the Water Supply System as are agreed upon in writing by CAWCD
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and the Contractor. All such point (s) shall hereinafter be referred
1
to as the "Contractor's Project delivery point."
2
(b) Unless CAWCD and the Contractor agree by contract to
3
the contrary, the Contractor shall construct and install, at its
4
sole cost and expense, all connection facilities required to convey
5
water furnished to the Contractor pursuant to this Agreement to the
6
Contractor's service area or place of use, as the case may be. The
7
Contractor shall furnish, for written approval by CAWCD, drawings
8
and specifications showing all connection facilities to be
9
constructed or installed
within the Water Supply System
10
right-of-way, and shall obtain such approval before commencing
11
construction or installation of such facilities.
All facilities
12
constructed, installed, operated or maintained on the Water Supply
13
System right-of-way by or for the Contractor shall be subject to
14
such further agreements and to such restrictions and regulations as
15
to type,
location,
method of installation,
and
operation,
16
maintenance as may be prescribed by CAWCD.
17
(c) The Contractor shall construct, operate, and maintain
18
its connection facilities and appurtenant works in a good and
19
workmanlike manner and in full compliance with the laws of the State
20
of Arizona and with all laws, regulations, and orders of the United
i
21
~
...
States affecting such operations.
The failure of the Contractor
22 4
after due notice to construct, operate, and maintain its connection w
23
facilities and appurtenant works in a good and workmanlike manner
24
or to abide by any of the terms and conditions of any applicable
:J
25
~
.
laws, regulations, or orders, shall cause this Agreement to be
26
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1
subj ect to inunediate termination at the option of CAWCD. The
Contractor shall reimburse CAWCD within thirty (30) days of
2
Contractor's receipt of a statement for the costs of repairing any
3
damage to Project facilities or Project rights-of-way caused by or
4
arising out of the Contractor's activities under this Agreement.
5
(d) Upon termination of this Agreement, the Contractor
6
shall promptly remove, at its sole cost and expense, all connection
7
facilities constructed or installed on the Water Supply System
8
right-of-way and restore said right-of-way and all Project
9
facilities affected to their condition inunediately prior to the
10
construction or installation of such connection facilities. If the
11
Contractor fails to remove said connection facilities and restore
12
said right-of-way and Project facilities within thirty (30) days
13
after receiving any written notice from CAWCD to do so, CAWCD may
14
remove said connection facilities and restore said right-of-way and
15
Project facilities at the Contractor's cost and expense, and, within
16
thirty (30) days after receiving written demand from CAWCD to do so,
17
the Contractor shall pay CAWCD, as specified in such written demand,
18
for all costs and expenses incurred by CAWCD in removing said
19
connection facilities and restoring said right-of-way and Project
20
facilities.
21
(e)
If the Contractor's Project delivery point is a
22
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:
Project turnout or project turnouts constructed by the United
23
States, and if the Contractor intends to convey water furnished to
24
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the Contractor pursuant to this agreement through connection
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r
25
facilities owned or operated by others, the use by the Contractor
26
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of such connection facilities shall be the subject of written
1
agreement(s) between the Contractor and the owner(s) or operator(s)
2
of such connection facilities, and all such agreements shall include
3
such terms and conditions as may be required by CAWCD and shall be
4
subject to the prior, written approval of CAWCD before becoming
5
binding upon the parties thereto.
6
(f) Unless the Contractor's Project delivery point is a
7
Project turnout or Project turnouts constructed by the United
8
States, all water delivered from the Water Supply System shall be
9
measured with equipment furnished and installed by the Contractor
10
and operated and maintained by the Contractor at the Contractor's
11
sole cost and expense. The results of such measurements shall be
12
reported to CAWCD in such manner and at such time(s) as CAWCD may
13
prescribe.
Upon the request of CAWCD, the accuracy of such
14
measurements shall be investigated by the Contractor, and any errors
15
which are determined to have occurred therein shall be adjusted;
16
Provided, however, That in the event the parties cannot agree on the
17
required adjustment, CAWCD's determination shall be conclusive.
18
(g) If the Contractor's Project delivery point is a
19
proj ect turnout or proj ect turnouts constructed by the United
20
States, all water delivered from the Water Supply System shall be
21
measured with equipment furnished and installed by the United States
--'
22
and operated and maintained by CAWCD.
Upon the request of the
23
Contractor, or CAWCD, the accuracy of such measurements shall be ~
24
investigated by CAWCD and the Contractor, and any errors which are
5
25
mutually determined to have occurred therein shall be adjusted;
26
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Provided, however, That in the event the parties cannot agree on the
1
required adjustment, CAWCD's determination shall be conclusive.
2
(h) Neither the United States nor CAWCD shall be
3
responsible for the control, carriage, handling, use, disposal, or
4
distribution of water beyond the Contractor's Project delivery
5
point.
The Contractor shall hold the United States and CAWCD
6
harmless on account of damage or claim of damage of any nature
7
whatsoever for which there is legal responsibility, including
8
property damage, personal injury, or death arising out of or
9
connected with the control, carriage, handling, use, disposal, or
10
distribution of water beyond the Contractor I s Project delivery
11
point.
12
Interruptions and Reductions
13
7. In addition to the right of the United States under
14
Subarticle 8.3 (a) (iv) of the Repayment Contract to temporarily
15
discontinue or reduce the amount of water to be delivered, CAWCD may
16
discontinue or reduce the quantity of water to be furnished to the
17
Contractor as herein provided for the purposes of investigation,
18
inspection,
construction,
testing,
or
maintenance,
repair,
19
replacement of any of the Project facilities or any part thereof.
20
CAWCD may also discontinue or reduce the quantity of water to be
~
,
21
furnished to the Contractor if there is insufficient Project Water
22
or Project delivery capacity to deliver the Contractor's water
,
w
23
order, the water orders of other contractors of Excess Water
24
service, and all water deliveries scheduled pursuant to a contract
25
with the United States or a subcontract with the United States and
26
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1
CAWCD providing for Project Water service for a period of 50 years
or more. So far as feasible, CAWCD shall attempt to coordinate any
2
such discontinuance or reduction with the Contractor and to give the
3
Contractor due notice in advance of such discontinuance or
4
reduction.
In case of emergency, no notice need be given.
The
5
United States, its officers, agents, and employees, and CAWCD, its
6
officers, agents, and employees, shall not be liable for damages
7
when, for any reason 'whatsoever, any interruption, discontinuance,
8
or reduction in delivery of water occurs.
If any such
9
discontinuance or temporary reduction results in deliveries to the
10
Contractor of less water than what has been paid for in advance, the
11
Contractor shall be entitled to be reimbursed for the appropriate
12
proportion of such advance payments prior to the date of the
13
Contractor I S next payment of water service charges or the Contractor
14
may be given credit toward the next payment of water service charges
15
if the Contractor should so desire.
16
No Long-Term Commitment to the Delivery of Project Water
17
8. Nothing in this Agreement shall be construed as an
18
allocation of proj ect Water to the Contractor, nor shall this
19
Agreement entitle the Contractor to any Project Water other than as
20
provided herein.
1
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Ouality of Water
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22
9.
CAWCD does not warrant the quality of any Project Water
23
furnished under this Agreement and is under no obligation to _...__
24
construct or furnish water treatment facilities to maintain or
25
better the quality of any Project Water.
The Contractor waives its
26
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right to make a claim against the United States, CAWCD, or any other
1
Project subcontractor or contractor on account of the quality of
2
Project Water or any changes in water quality caused by the
3
commingling of Project Water with other water.
4
Water Service Charges
5
10. (a) The Contractor shall pay in advance water service
6
charges established annually by CAWCD.
On or before the date of
7
execution of this Agreement, or as soon thereafter as is
8
practicable,
furnish the Contractor with the
CAWCD shall
9
Contractor's water service charges for the initial Year of water
10
delivery (the "initial Year"). Within a reasonable time of receipt
11
of said charges, but prior to the delivery of water, the Contractor
12
shall advance to CAWCD, in monthly installments payable on or before
13
the first day of each month of the initial Year, as determined by
14
CAWCD, the water service charges due for Excess Water scheduled for
15
delivery in the initial Year. For each subsequent Year, CAWCD will
16
establish water service charges, and CAWCD will notify the
17
Contractor of the amount of such charges on or before November 15
18
preceding eacti>said subsequent Year.
The Contractor shall make
19
paYments of such charges in monthly installments due on or before
20
the first day of each month of said subsequent Year, as determined
i
21
by CAWCD, for Excess Water scheduled for delivery in said subsequent
22
Year. The Contractor shall pay in advance all water service charges b
23
established by CAWCD for Excess Water scheduled for delivery under 2
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this Agreement; Provided, however, That the Contractor shall be
25
relieved of the pumping energy portion of the water service charges
26
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associated with any proj ect Water scheduled for delivery that is not
1
delivered to the Contractor.
2
(b) The payment of all water service charges when due
3
under this Agreement is a condition precedent to delivery of Excess
4
Water.
5
(c) The obligation of the Contractor to pay CAWCD as
6
provided in this Agreement is a general obligation of the Contractor
7
notwithstanding the manner in which the obligation may be
8
distributed among the Contractor's water users and notwithstanding
9
the default of individual water users in their obligations to the
10
Contractor.
11
Termination of Contract
12
11. If the Contractor remains in arrears in the payment of any
13
charges due CAWCD for a period of 60 days or more, CAWCD may
14
terminate this Agreement, which termination shall be effective 30
15
days after mailing written notice of termination to the Contractor.
16
The Contractor shall remain obligated to pay all charges required
17
to be paid under this Agreement during the time period until and
18
including the date of termination. The Contractor's obligation to
19
pay any amounts due but unpaid as of the date of termination shall
20
survive termination of this Agreement. CAWCD's right to terminate
21
this Agreement as provided in this Article 11 shall be in addition
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to the other rights of CAWCD under this Agreement and to all other
rights provided by law.
24
Charqes for Delinquent Payments
25
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12. (a) The Contractor shall be subject to interest,
26 administrative and penalty charges on delinquent installments or
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payments. The Contractor shall pay an interest charge for each day
the payment is delinquent beyond the due date. When a payment
becomes 60 days delinquent, the Contractor shall pay an
2 administrative charge to cover additional costs of billing and
processing the delinquent payment. When a payment is delinquent 90
3 days or more, the Contractor shall pay an additional penalty charge
of 6 percent per year for each day the payment is delinquent beyond
4 the due date. Further, the Contractor shall pay any fees incurred
for debt collection services associated with a delinquent payment.
5
(b) The interest charge rate shall be the greater of the
6 rate prescribed quarterly in the Federal Register by the Department
of the Treasury for application to overdue payments, or the interest
7 rate of 0.5 percent per month prescribed by Section 6 of the
Reclamation Project Act of 1939 (Public Law 76-260). The interest
8 charge rate shall be determined as of the due date and remain fixed
for the duration of the delinquent period.
9
(c) When a partial payment on a delinquent account is
10 received, the amount received shall be applied first to the penalty
and administrative charges, second, to the accrued interest, and
11 third to the overdue payment.
12 Rules. Regulations and Determinations
13 13. (a) The parties agree that the delivery of water or the
use of Federal facilities pursuant to this Agreement is subject to
14 Reclamation law, as amended and supplemented, and the rules and
regulations promulgated by the Secretary of the Interior under
15 Reclamation law.
16 (b) The Contracting Officer shall have the right to make
determinations necessary to administer this Agreement that are
17 consistent with the expressed and implied provisions of this
Agreement, the laws of the United States and the State of Arizona,
18 and the rules and regulations promulgated by the Secretary of the
Interior. Such determinations shall be made in consultation with
19 CAWCD and the Contractor.
20 Compliance with Environmental Laws
21
14. The Contractor, in carrying out this Agreement, shall
comply with all applicable environmental laws and regulations of the
United States and the State of Arizona and shall obtain all required
permits or licenses from the appropriate Federal, State, or local
authorities.
1
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24
Equal Opportunity
.
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25
15. During the performance of this Agreement, the Contractor
agrees as follows:
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(a) The Contractor will not discriminate against any
1 employee or applicant for emploYment because of race, color,
religion, sex, or national origin. The Contractor will take
2 affirmative action to ensure that applicants are employed, and that
employees are treated during emploYment, without regard to their
3 race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: emploYment,
4 upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of
5 compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to
6 employees and applicants for emploYment, notices to be provided by
the Contracting Officer setting forth the provisions of this
7 nondiscrimination clause.
8 (b) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
9 Contractor, state that all qualified applicants will receive
consideration for emploYment without discrimination because of race,
10 color, religion, sex, or national origin.
11 (c) The Contractor will send to each labor union or
representative of workers with which it has a collective bargaining
12 agreement or other contract or understanding, a notice, to be
provided by the Contracting Officer, advising said labor union or
13 workers ' representative of the Contractor's commitments under
Section 202 of Executive Order 11246 of September 24, 1965, as
14 amended, and shall post copies of the notice in conspicuous places
available to employees and applicants for emploYment.
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(d) The Contractor will comply with all provisions of
16 Executive Order No. 11246 of September 24, 1965, as amended, and of
the rules, regulations, and relevant orders of the Secretary of
17 Labor.
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(e) The Contractor will furnish all information and
reports required by said amended Executive Order and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts
by the Contracting Officer and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules,
regulations, and orders.
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(f) In the event of the Contractor's noncompliance with
the nondiscrimination clauses of this agreement or with any of such
rules, regulations, or orders, this agreement 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 said amended Executive
Order, and such other sanctions may be imposed and remedies invoked
as provided in said amended Executive Order, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
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1 (g) The Contractor will include the provisions of
paragraphs (a) through (g) in every subcontract or purchase order
2 unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of said amended Executive
3 Order, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with
4 respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions,
5 including sanctions for noncompliance; Provided, however, That in
the event the Contractor becomes involved in, or is threatened with,
6 litigation with a subcontractor or vendor as a result of such
direction, the Contractor may request the United States to enter
7 into such litigation to protect the interests of the United States.
8 Compliance With Civil Rights Laws and Regulations
9 16. (a) The Contractor shall comply with Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d), Section 504 of the
10 Rehabilitation Act of 1975 (Public Law 93-112, as amended), the Age
Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other
11 applicable civil rights laws,' as well as with their respective
implementing regulations and guidelines imposed by the U.S.
12 Department of the Interior and/or Bureau of Reclamation.
13 (b) These statutes require that no person in the United
States shall, on the grounds of race, color, national origin,
14 handicap, or age, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
15 program or activity receiving financial assistance from the Bureau
of Reclamation. By executing this agreement, the Contractor agrees
16 to immediately take any measures necessary to implement this
obligation, including permitting officials of the United States to
17 inspect premises, programs, and documents.
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(c) The Contractor makes this agreement in consideration
of and for the purpose of obtaining any and all Federal grants,
loans, contracts, property discounts or other 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.
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Books. Records. and Reports
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17. The Contractor shall establish and maintain accounts and
other books and records pertaining to administration of the terms
and conditions of this Agreement, including: the Contractor's
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financial transactions, water supply data, project operation,
1 maintenance and replacement logs, and Project land and right-of-way
use agreements; the water users' land-use (crop census), land
2 ownership, land-leasing and water-use data; and other matters that
CAWCD may require. Reports thereon shall be furnished to CAWCD in
3 such form and on such date or dates as CAWCD may require. Subject
to applicable Federal laws and regulations, each party to this
4 Agreement shall have the right during office hours to examine and
make copies of each other party's books and records relating to
5 matters covered by this Agreement.
6 Notices
7 18. Any notice, demand, or request authorized or required by
this Agreement shall be deemed to have been given, on behalf of
8 CAWCD, when mailed, postage prepaid, or delivered to C. Brad
DeSpain, Utilities Director, 12775 N. Sanders Road, Marana, Arizona
9 85653, and on behalf of the Contractor when mailed, postage prepaid,
or delivered to the General Manager, Central Arizona Water
10 Conservation District, 23636 North 7th Street, Phoenix, Arizona
85024. The designation of the addressee or the address may be
11 changed by notice given in the same manner as provided in this
Article for other notices.
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Assignment Limited--Successors and Assigns Obliqated
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19. The provisions of this Agreement shall apply to and bind
14 the successors and assigns of the parties hereto, but no assignment
or transfer of this Agreement or any right or interest therein shall
15 be valid until approved in writing by CAWCD.
16
IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement No.
EX082-01
effective the day and year first
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above-written.
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Attest:
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Title:
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Approved as to form:
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9
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