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HomeMy WebLinkAboutOregon Water Resources Department Certificate Reimb. Auth. App. Agreement' lHU.(;t):-,; \\'ATER RESOURCES 1) I: I',\ H l".\I 1: ~-I OREGON WATER RESOURCESDEPARTMENT CERTIFICATE REIMBURSEMENT AUTHORITY APPLICANT'S AGREEMENT Contract Number: R12950-23 This Agreement is between the Oregon Water Resources Department, hereafter OWRD, and CitfofCentral Point, hereafter Applicant, hereafter known together as the parties. OWRD Information Project Contact: Kerry Kavanagh Reimbursement Authority Oregon Water Resources Department 725 Summer Street E Salem OR 97301-1271 Phone; 503-979-3208 Applicant's Information Name: Chris Clayton Title: City Manager Company: City of Central Point Address: 140 South 3rd Street Central Point OR 97502 Phone: 541-664-3321 Applicant's Representative Name: Zack Pike-Urlacher Title: Representative Company: OSI Water Solutions, Inc. Address: 1600 SW Western Blvd, Ste 240 Corvallis OR 97333 Phone: 503-239-8799 Email; Email*: Email*: zpikeurlacher@gsiws.com Kerry. L. Kavanagh@water.oregon.gov Chris. Clayton@central poi ntoregon .gov *By providing an Email address, consent is given to receive all correspondence electronically. (Paper copies of the certificate and final order documents will also be mailed.) 1. Purpose. The purpose of this Agreement is to expedite the processing of the Claim of Beneficial Use. (Transfer Application Number: T-9900) 2. Authority. ORS 536.055 authorizes the OWRD to enter into a voluntary agreement with any applicant, permittee or regulated entity (collectively Applicant) for expediting or enhancing a regulatory process. In making this agreement, OWRD shall require the applicant to pay the full cost of expedited process. 3. Restrictions. City of Central Point and OWRD agree that this Agreement shall not be construed to restrict in any way the decisions and actions by OWRD. OWRD shall be free to exercise independent judgment consistent with existing laws and regulations. 4. Effective Date and Duration. Unless otherwise terminated by non-deposit of funds by the Applicant, this Agreement shall become effective on the date on which both parties have signed the Agreement and the full deposit of the estimated cost of the proposed service has been received by OWRD. S. Consideration. City of Central Point shall pay OWRD in advance for actual costs incurred by OWRD. City of Central Point agrees to pay the full amount of$2182 to OWRD prior to commencement of any work stated in this Agreement. This payment will be placed in an account administered by OWRD and drawn upon as costs are actually incurred. If the actual cost of performing the work is less than payments received, OWRD will refund the unspent balance. If the actual cost of processing exceeds the estimate, the Applicant can either elect to terminate this Agreement or amend the Agreement to reflect the increase in cost. The costs stated in this Agreement do not include the statutory application processing and fil ing fees. 6. Confidentiality. City of Central Point agrees that any information provided to or acquired by OWRD under this Agreement will be subject to the Oregon Public Records Law and shall be considered public records. 7. Indemnity. Applicant shall defend, save, hold harmless, and indemnify the State of Oregon, OWRD, and their officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature resulting from or arising out of, or relating to the activities of Applicant or its representatives, officers, employees, contractors, or agents under this Agreement or with respect to the expedited service. The Applicant acknowledges that the Oregon Water Resources Department cannot and does not guarantee a favorable review under the subject regulatory process. PCA 47126 Certificate Reimbursement Authority Contract R12950-23 Page I of 3 Revised: April 20 I 9 8. Termination. Applicant may request to terminate this agreement only in writing at any time during the process. The Applicant agrees to pay for the work done by the Reimbursement Authority personnel up until the time of the written termination request. OWRD, upon receiving such written termination request from the Applicant, will refund any unspent balance after paying the Reimbursement Authority personnel for the work done. 9. Funds Authorized and Available. By its execution of this Agreement, Applicants certifies that sufficient funds are authorized and available to cover the expenditures contemplated by this Agreement. I 0. Duration of Estimate. The Estimate of Time to complete the work is no later than one hundred and twenty days (120) days once this Agreement has been fully executed and payment of the estimated cost deposited. However, this estimate is contingent on the Applicant's expeditious resolution of any deficiency and may be affected by the Department's work load. This Estimate of Time may become null and void after thirty (30) days from the date the Applicant's Agreement is mailed. If the Applicant's Agreement is not received by the Department within thirty (30) days of mailing the Agreement, the Applicant may need to re-apply for a new estimate. 1 J. Completion Date. OWRD, by the execution of this Agreement does not guarantee the completion date indicated in this Agreement. Completion date is only an estimate and may be affected by the Department's workload, issues arising from the processing of the requested services and Applicant's timely response to requests for additional information. 12. Captions. The captions or headings in this Agreement are fo r the convenience only and in no way define limit or describe the scope or intent of any provision of this Agreement. 13. Amendment and Merger. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, except by written instrument signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. 14. Signatures. All parties, by the authorized representative's signature below, hereby acknowledge that they have read this Agreement, understand it and agree to be bound by its terms and conditions, Applicant:~•~~ Name: Chris Clayton Title: City Manager Company~~ity ~f Central Point Date: L\ \ ~ 1..Lf ForOWRD:_~.._,__---'-____ ur-____ _ Name: Kerry Kavanagh Water Right Services ·vision ri .n.., ".).. Date: -;;?-S--c:r--v O' / Mail signed Agreement to: Kerry Kavanagh Oregon Water Resources Department 725 Summer Street NE, Suite A Salem, OR 97301-1271 Certificate Reimbursement Authority Contract Rl2950-23 PCA 47126 Page 2 of3 Revised: April 2019