December 2003 Draft Supplemental EA for the 2004 Renewal of Interim Water Service Contracts
APPENDIX B
EXISTING
INTERIM RENEWAL CONTRACT SAMPLE
Irrigation and/or M&I
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R.O. Draft 12/12-2003
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R.O. Draft 11/06-2003
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Contract No. _________________
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UNITED STATES
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DEPARTMENT OF THE INTERIOR
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BUREAU OF RECLAMATION
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Central Valley Project, California
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INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES
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AND
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NAME OF ENTITY/DISTRICT
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PROVIDING FOR PROJECT WATER SERVICE
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THIS CONTRACT, made this ______ day of ___________________, 20____, in
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pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or
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supplementary thereto, including, but not limited to, the acts of August 26, 1937 (50 Stat. 844),
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as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented,
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July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as
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amended and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively
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hereinafter referred to as Federal Reclamation law, between THE UNITED STATES OF
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AMERICA, hereinafter referred to as the United States, and ,
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__________________________________ hereinafter referred to as the Contractor, a public
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agency of the State of California, duly organized, existing, and acting pursuant to the laws
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thereof, with its principal place of business in ________(City), California;
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WITNESSETH, That:
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EXPLANATORY RECITALS
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WHEREAS, the United States and the Contractor entered into an interim renewal
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contract identified as Contract No. ___________-IR1, from _________ (insert beginning date,
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e.g., December 23, 2003) through February 29, 2004, hereinafter referred to as the Existing
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Interim Renewal Contract, which provided for the continued water service to the Contractor
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following expiration of Contract No _________________ (insert original contract number);
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WHEREAS, the United States and the Contractor have made significant progress in
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their negotiations of a long-term renewal contract, believe that further negotiations on the long-term
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renewal contract would be beneficial, and mutually commit to continue to negotiate to seek to reach
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agreement, but anticipate that the environmental documentation necessary for execution of any long-
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term renewal contract will be delayed at least an additional 7 months, and may be delayed further for
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reasons beyond the control of the parties; and
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WHERAS, the Contractor has requested a subsequent interim renewal contract
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pursuant to Subdivision (b) of Article 2 of the Existing Interim Renewal Contract; and
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WHEREAS, the United States has determined that the Contractor has to date fulfilled
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all of its obligations under the Existing Interim Renewal Contract; and
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WHEREAS, the United States is willing to renew the Existing Interim Renewal
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Contract pursuant to the terms and conditions set forth below;
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NOW, THEREFORE, in consideration of the mutual and dependent covenants herein
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contained, it is hereby mutually agreed by the parties hereto as follows:
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INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT
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1. The terms and conditions of the Existing Interim Renewal Contract are hereby
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incorporated by reference into this Contract with the same force and effect as if they were included
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in full text with the exception of Article 2 thereof, which is revised as follows:
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(a) The first sentence in Subdivision (a) of Article 2 of the Existing
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Interim Renewal Contract is modified as follows: AThis interim renewal contract shall be effective
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from March 1, 2004, and shall remain in effect through February 28, 2006, and thereafter will be
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renewed as described in Subdivision (a) of Article 2 of the Existing Interim Renewal Contract
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if a long-term renewal contract has not been executed with an effective commencement date of
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March 1, 2006; Provided, that if a long-term renewal contract has been executed with an effective
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commencement date of March 1, 2005, this interim renewal contract shall expire on February 28,
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2005. @
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(b) Subdivision (b) of Article 2 of the Existing Interim Renewal Contract is
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amended by deleting the date AFebruary 15, 2004, @ and replacing same with the date
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AFebruary 15, 2006. @
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(c) Subdivision (c) of Article 2 of the Existing Interim Renewal Contract is
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amended by deleting the dates AFebruary 1, 2004, @ AFebruary 15, 2004, @ and AFebruary 29, 2004, @
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and replacing same with the dates AFebruary 1, 2006, @ AFebruary 15, 2006, @ and AFebruary 28,
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2006, @ respectively.
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IN WITNESS WHEREOF, the parties hereto have executed this interim renewal
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contract as of the day and year first above written.
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THE UNITED STATES OF AMERICA
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By:
_____________________________________
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Regional Director, Mid-Pacific Region
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Bureau of Reclamation
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(SEAL) NAME OF ENTITY/DISTRICT
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By:
_____________________________________
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P
resident
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Attest:
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__________________________________
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Secretary
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(I:\Interim Renewal Contracts - Drafts, charts, etc.\12 Month IRC 2004 (3-1-04 - 2-28-05).doc)
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