HomeMy WebLinkAboutOregon Water Resources Department Certificate Reimb. Auth. App. Agreement (2)lHU.l;O:',;
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OREGON WATER RESOURCES DEPARTMENT
CERTIFICATE REIMBURSEMENT AUTHORITY
APPLICANT'S AGREEMENT
_,Contra.ct Number: R12951-23
This Agreement is between the Oregon Water Resources Department, hereafter OWRD, an~ City of Central Point,
hereafter Applicant, hereafter known together as the parties. · ·
OWRD Information
Project Contact: Kerry Kavanagh
Reimbursement Authority
Oregon Water Resources Department
725 Summer Street NE
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: GSI Water Solutions, Inc.
Address: 1600 W Western Blvd, Ste 240
Corvaliss OR 97333
Phone: 503-239-8799
Email: Email*: Email*: zpikeurlacher@gsiws.com
Keny.L.Kavanagh@water.oregon.gov Chris.Clayton@centralpointoregon.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-10465)
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.
5. 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 $2331 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. lfthe
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 filing 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 R12951-23 Page I of 2 Rev ,sed: April 2019
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 personn el 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.
10. Duration of Estimate. The Estimate of Time to com plete 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 (3 0) days of mailing the Agreement, the
Applicant may need to re-apply for a new estimate.
11. 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 for 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.
Applkant&• ~
Name: Chris Clayton
Title: City Manager
Company: City of Central Point
Date: Y\\'--\\1..1---\ '
ForOWRD:_1<...__._1~-----
Name: Kerry Kavanagh
Water Right Services Diyj.sion
Date: 1--'fJ y;2.o~".?
Mail signed Agreement to:
Kerry Kavanagh
Oregon Water Resources Department
725 Summer Street NE, Suite A
Salem, OR 97301-1271
Certi ficate Reimbursement Authority Contract R12951-23
PCA 47126
Page 2 of2 Revised: April 2019