HomeMy WebLinkAbout2011-220 Agrmt - USACE Portland District DEPARTMENT OF THE ARMY'
PORTLAND DISTRICT,CORPS OF ENGINEERS ! •'��� ' �,°;,'tir,.;,rKf
. P.O. BOX 9
PORTLAND,OREGON N 97208-2948 �j t
REPLY TO �
ATTENTION OF: LV02
Engineering and Construction Division
Mr. Greg Scoles P�V
City Administrator �-
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
Dear Mr. Scoles:
This is to notify you that Brigadier General Fastabend has signed the water supply agreement
for one thousand acre-feet of storage space in Lost Creek Reservoir. An original agreement is
enclosed for your records.
Under Article 5c of the agreement, the date of this letter becomes the anniversary date of the
annual billing. Our Finance and Accounting Section is preparing the first bill and it is due thirty
days after receiving it. I would also like to remind you to please send us a copy of the approved
water right or permit that you receive from the Oregon Water Resources Department for the use
of one thousand acre-feet of water. I am forwarding a copy of this letter to Karen Miller, Chief
Finance and Accounting Branch.
If you have any questions about the agreement,please contact Mr. Mike Posovich, at(503)
808-4869.
Sincerely,
obward B. J es
, Enginee ' and Construction
Division
Enclosure
WATER STORAGE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF ASHLAND, OREGON
FOR
WATER STORAGE SPACE
IN LOST CREEK LAKE PROJECT, OREGON .
THIS AGREEMENT, entered into this lv� day of
-JuLq 2002, by and between THE UNITED STATES OF AMERICA
(hereinafter called the "Government") represented by the District
Engineer and the Division Engineer executing this agreement, and
City of Ashland, a municipal corporation of the State of Oregon
(hereinafter called the "City") :
I
WITNESSETH THAT:
WHEREAS, The Flood Control Act of 1962 . (Public Law 87-874)
authorized the construction, operation, and maintenance of the
Lost Creek Lake Project on the Rogue River, Oregon (hereinafter"
called the "Project") ; and
WHEREAS, the City desires to enter into an agreement with
the Government for the use of storage included in the Project for
municipal and industrial water supply, and for payment of the
cost thereof in accordance with the provisions of the Water
Supply Act of 1958, as amended (43 U. S.C. 390b-f) ; and
WHEREAS, the City, as shown. in Exhibit "A" attached to and
made part of this agreement, is empowered to enter into an
agreement with the Government and is vested with all necessary
powers of accomplishment of the purposes of this agreement,
including those required by Section 221 of the Flood Control Act
of 1970, (42 U.S.C. 1962d-5d) as amended;
NOW; THEREFORE, the Government and the City agree as
follows :
ARTICLE 1 - Water Storage Space.
a. Project Construction. The Government, subject to the
directions of Federal law and any limitations imposed thereby,
has designed and constructed the Project so as to include therein
space for the storage of water by the City.
b. Rights of City.
(1) . The City shall have the right to utilize an
undivided 0 . 3244 percent (estimated to contain 1, 000 acre-feet
after adjustment for sediment deposits) of the usable storage
space in the Project between elevations 1, 872 feet and 1, 751
feet, National Geodetic Vertical Datum (NGVD) , which usable
conservation storage space is estimated to contain 308, 250
acre-feet after adjustment for sediment deposits . This storage
space is to be used to impound water for present demand or need
for municipal and industrial water supply.
(2) . The City shall have the right to withdraw water
from the lake, or to order releases to be made by the Government
through the outlet works in the Dam, subject to the provisions of
Article lc and to the extent the aforesaid storage space will
provide; and shall have the right to construct all such works,
plants, pipelines, and appurtenances as may be necessary and
convenient for the purpose of diversion or withdrawals, subject
to the approval of the District Engineer as to design and
location. The grant of an-easement for right-of-way, across, in
and upon land of the Government at the Project shall be by a
separate instrument in a form satisfactory to the Secretary of
the Army, without additional cost to the City, under the
authority of and in accordance with the provisions of 10 U. S .C.
2669 and such other authorities as may be necessary. Subject to
the conditions of such easement, the City shall have the right to
use so much of the Project land as may reasonably be required in
the exercise of the rights and privileges granted under this
agreement.
C. Rights Reserved. The Government reserves the right to
control and use all storage in the Project in accordance with
authorized Project purposes . The Government further reserves the
right to take such measures as may be necessary in the operation
of the Project to preserve life and/or property, including the
right not to make downstream releases during such periods of time
as are deemed necessary, in its sole discretion, to inspect,
maintain, or repair the Project.
2
d. Quality or Availability of Water. The City recognizes
that this agreement provides storage space for raw. water only.
The Government makes no representations with respect to the
quality or availability of water and assumes no responsibility
therefor, or for the treatment of the water.
e . Sedimentation Surveys .
(1) . Sedimentation surveys will be made by the District
Engineer during the term of this agreement at intervals not to
exceed fifteen (15) years unless otherwise agreed to in writing
by both parties . When, in the opinion of the District Engineer,
the findings of such survey indicate any Project purpose will be
affected by unanticipated sedimentation distribution, there shall
be an equitable redistribution of the sediment reserve storage
space among the purposes served by the Project including
municipal and industrial water supply. The total available
remaining storage space in the Project will then be divided among
the various Project features in the same ratio as was initially
utilized. Adjusted pool elevations will be rounded to the nearest
one-half foot. Such findings and the storage space allocated to
municipal and industrial water supply shall be defined and
described as an exhibit which will be made a part of this
agreement and the reservoir regulation, manual will be modified
accordingly.
(2) . The Government assumes no responsibility for
deviations from estimated rates of sedimentation, or the
distribution thereof. Such deviations may cause unequal
distribution of sediment reserve storage greater than estimated,
and/or encroachment of the total storage at the Project .
ARTICLE 2 - Regulation of and Right to 'Use of Water. The
regulation of the use of water withdrawn or released from the
aforesaid storage space shall be the sole responsibility of the
City. The City has the full responsibility to acquire in
accordance with State laws and regulations, and, if necessary, to
establish or defend, any and all water rights needed for
utilization of the storage provided under this agreement. The
Government shall not be responsible for diversions by others, nor
will it become a party to any controversies involving the use of
the storage space by the City except as such controversies may
affect the operations of the Project by the Government.
ARTICLE 3 - Operation and Maintenance. The Government shall
operate and maintain the Project and the City shall pay to the
Government a share of the costs of such operation and maintenance
as provided in Article 5 . The City shall be responsible for
operation and maintenance of all installations and facilities
which it may construct for the diversion or withdrawal of water,
and shall bear all costs of construction, operation and
maintenance of such installations and facilities .
3
ARTICLE 4 - Measurement of Withdrawals and Releases . The City
agrees to furnish and install, without cost to the Government,
suitable meters or measuring devices satisfactory to the District
Engineer for the measurement of water which is withdrawn from the
Project by any means other than through the Project outlet works.
The City shall furnish to the Government monthly statements of
all such withdrawals. Prior to the construction of any facilities
for withdrawal of water from the Project, the City will obtain
the District Engineer' s approval of the design, location and
installation of the facilities including the meters or measuring
devices. Such devices shall be available for inspection by
Government representatives at all reasonable times . Releases from
the water supply storage space through the Project outlet works
shall be made in accordance with written schedules furnished by
the City and approved by the District Engineer and shall be
subject to Article lc. The measure of all such releases shall be
by means of a rating curve of the outlet works, or by such other
suitable means as may be agreed upon prior to use of the water
supply storage space.
ARTICLE 5 - Payments. In consideration of the right to utilize
the aforesaid storage space in the Project for municipal and
industrial water supply purposes, the City shall pay the
following sums to the Government :
a. Project Investment Costs.
(1) . The City shall repay to the Government in a lump
sum payment, the amounts stated below which, as shown in Exhibit
"B" attached to and made a part of this agreement, constitute the
entire actual amount of the investment costs, including interest
during construction, and interest accrued following the end of
the 10-year interest free period, 25 June 1992, allocated to the
water storage right acquired by the City under this agreement.
The interest rate to be used for purposes of computing interest
during construction will be the coupon rate as determined by the
Secretary of the Treasury on the basis set forth in the Water
Supply Act of 1958, Title III of PL 85-500. For the Project,
construction of which was initiated in FY 1968 this interest rate
is 3. 253 percent . The City shall repay:
4
10 . 00 percent of the total Project
joint-use construction costs allocated
to water supply $606,000
Interest during construction $68, 130
Interest accrued form the end of the .
10-year interest free period, 25 Jun 92
to date of agreement approval, estimated
at 01 Apr 02 $254 , 345
Total amount of Project investment costs
allocated to the City $928, 475
(2) . The lump sum payment shall be due and payable
within thirty (30) days after the date the City is notified that
this agreement is approved by the Secretary of the Army or his
duly authorized representative.
b. Repair, Rehabilitation, and Replacement Costs. The City
will be required to pay. 0 . 7197 percent of the cost of joint-use
repair, rehabilitation, and replacement of Project features.
Payment of these' costs shall be made either incrementally during
construction or in lump sum (including interest during
construction) upon completion of construction.
C. Annual Operation and Maintenance (O&M) Expense. The
City will be required to pay 0 . 5975 percent of the annual
experienced joint-use 0&M expense of the Project . The first
payment for O&M expense is due and payable in advance 30 days
following the anniversary of the date the City is notified that
this agreement is approved by the Secretary of the Army or his
duly authorized representative and shall be based on O&M expense
for the Project in the Government fiscal year most recently
ended. Annual O&M payments thereafter will be due and payable 30
days after each anniversary of the date the City is notified that
thisagreement is approved by the Secretary of the Army or his
duly authorized representative. The amount of each annual
payment will be the actual experienced O&M expense (allocated
joint-use) for the preceding fiscal year or an estimate thereof
when actual expense information is not available.
d. Delinquent Payments . If the City shall fail to make any
of the aforesaid payments when due, then the overdue payments
shall bear interest compounded annually .until paid. The interest
rate to be used for overdue payments due under the provisions of
Articles 5a, 5b, 5c and 5d above shall be that determined by the
Department of Treasury' s Treasury Fiscal Requirements Manual (1
TFRM 6-8000,' "Cash Management") . The amount charged on payments
overdue for a period of less than one year shall be figured on a
monthly basis. For example, if the payment is made within the
5
first month after being overdue after a 15-day grace period from
the anniversary date of the date of notification, one month' s
interest shall be charged. Thereafter a month' s interest will be
charged for any portion of each succeeding month that the payment .
is delinquent. This provision shall not be construed as giving
the City a choice of either making payments when due or paying
interest, nor shall it be construed as waiving any other rights
of the Government, at law or in equity, which might result from
any default by the City.
ARTICLE 6 - ADJUSTMENT TO PROJECT INVESTMENT COSTS. The project
.investment costs shown in this agreement and the exhibits are
based on actual final construction costs of the project . Any
further investment cost accruing to the User' s water storage
right shall be repaid under repair, rehabilitation and
replacement costs if capitalized or under operation and
maintenance expense if not capitalized.
ARTICLE 7 - Duration of Agreement. This agreement shall become
effective when approved by the Secretary of the Army (or his duly
authorized representative) and shall continue in full force and
effect for the life of the Project.
ARTICLE 8 - Permanent Rights to Storage. Upon completion of
payment (s) by the City, as provided in Article 5a herein, the
City shall have a permanent right, under the provisions of the
Act of 16 October 1963 (Public Law 88-140, 43 U. S.C. 390e) , to
the use of the water supply storage space in the -Project as
provided in Article 1, subject to the following:
a. The City shall continue payment of annual operation and
maintenance costs allocated to water supply.
b. The City shall bear the costs allocated to water supply
of any necessary repair, rehabilitation, or replacement of
Project features which may be required to continue satisfactory
operation of the Project . Such costs will be established by the
District Engineer and repayment arrangements shall be in writing
in accordance with the terms and conditions set forth in Article
5b for Repair, Rehabilitation, or Replacement Costs, and be made
a part of this agreement.
C. Upon completion of payments by the City as provided in
Article 5a, the District Engineer shall redetermine the storage
space for municipal and industrial water supply in accordance
with the provisions of Article le . Such redetermination of
reservoir storage capacity may be further adjusted .from time to
time as the result of sedimentation resurveys to reflect actual
rates of sedimentation and the exhibit revised to show the
revised storage space allocated to municipal and industrial water
supply.
6
d. The permanent rights of the City under this agreement
shall be continued so long as the Government continues to operate
the Project . In the event the Government no longer operates the
Project, such rights may be continued subject to the execution of
a separate agreement, or additional supplemental agreement
providing for:
(1) ., Continued operation by the City of such part of
the facility as is necessary for utilization of the water supply
storage space allocated to it;
(2) . Terms which will protect the public interest; and
(3) . Effective absolvement of the Government by the
City from all liability in connection with such continued
operation.
ARTICLE 9 - Release of Claims . The City shall hold and save the
Government, including its officers, agents and employees harmless
from liability of any nature or kind for. or on account of any
claim for damages which may be filed or asserted as a result of
the storage in the Project, or withdrawal or release of water
from the Project, made or ordered by the City or as a result of
the construction, operation, or maintenance of the water supply
facilities and appurtenances' thereto owned and operated by the
City except for damages due to the fault or negligence of the
Government or its contractors .
ARTICLE 10 - Transfers and Assignments .
a. The City shall not transfer or assign this agreement nor
any rights acquired thereunder, nor suballot said water supply
storage space or any part thereof, nor grant any interest,
privilege or license whatsoever in connection with this
agreement, without the approval of the Secretary of the Army, or
his duly authorized representative provided that, unless contrary
to the public interest, this restriction shall not be construed
to apply to any water that may be obtained from the water supply
storage space by the City and furnished to any third party or
parties, nor any method of allocation thereof.
b. Regarding approval of assignments, references to
restriction of assignments shall not apply to any transfer or
assignment to the Rural Economic Community Development (RECD,
formerly Farmers Home Administration) or its successor agency, or
nominee, given in connection with the pledging of this water
storage agreement as security for any loans or arising out of the
foreclosure or liquidation of said loans . The City will notify
the Government in writing 15 days prior to applying for a RECD
loan. A copy of the final loan instrument will be furnished to
the Government for their record.
ARTICLE 11 - Officials Not to Benefit . No member of or delegate
to Congress, or Resident Commissioner, shall be admitted to any
share or part of this agreement, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to
this agreement if made with a corporation for its general
benefit.
ARTICLE 12 - Covenant Against Contingent Fees . The City warrants
that no person or selling agency has been employed or retained to
solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage, or
contingent fee; excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the City
for the purpose of securing business . For breach or violation of
this warranty the Government shall have the right to annul this
agreement without liability or in its discretion to add to the
agreement price or consideration, or otherwise recover the full
amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE 13 - Environmental Quality. During any construction,
operation, and maintenance by City of any facilities, specific
actions will be taken to control environmental pollution which
could result from such activity and to comply with applicable
Federal, State, and local laws and regulations concerning
environmental pollution. Particular attention should be given to:
a. Reduction of air pollution by control of burning,
minimization of dust, containment of chemical vapors, and control
of engine exhaust gases, and of smoke from temporary heaters;
b. Reduction of water pollution by control of sanitary
facilities, storage of fuels and other contaminants, and control
of turbidity and siltation from erosion;
C. Minimization of noise levels;
d. On-site and off-site disposal of waste and spoil; and,
e. Prevention of landscape defacement and damage.
ARTICLE 14 - Federal and State Laws .
a. Compliance. In acting under its rights and obligations
hereunder, the City agrees to comply with all applicable Federal
and State laws and regulations, including but not limited to the
provisions of the Davis-Bacon Act (40 U.S.C. 276a et seq. ) ; the
Contract Work Hours and Safety Standards Act (40 U. S.C. 327-333)
Title 29, Code of Federal Regulations, Part 3; and Sections 210
and 305 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (PL 91-646)
8
b. Civil Rights Act. The City furnishes, as part of this
agreement, an assurance (Exhibit D) that it will comply with
Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 42 U. S .0
2000d, et seq. ) and Department of Defense Directive 5500 . 11
issued pursuant thereto and published in Part 300 of Title 32,
Code of Federal Regulations .
C. Regulatory Program. Any discharges of water or
pollutants into a navigable stream or tributary thereof resulting
from the City' s facilities and operations undertaken under this
agreement shall be performed only in accordance with applicable
Federal, State, and local laws and regulations.
d. Lobbying Activities . The City furnishes, as part of
this agreement, a certification (Exhibit E and if applicable, a
Disclosure of Lobbying Activities) that it will comply with Title
31 U. S.C. Section 1352 of the limitation on use of appropriated
funds to influence certain Federal contracting and financial
transactions (Public Law 101-121, October 23, 1989 ( and Federal
Acquisitions Regulation 52 . 203-12 issued pursuant thereto.
ARTICLE 15 - Definitions .
a. Project investment costs . The initial cost of the
Project, including: land acquisition; construction; interest
during construction on the value of. land, labor, and materials
used for planning and construction of the Project.
b. Interest during construction. An amount of interest
which accrues on expenditures for the establishment of Project
services during the period between the actual outlay and the time
the project is first made available for water storage.
C. Specific costs . The costs of Project features normally
serving only one particular Project purpose.
d. Joint-use costs . The costs of features used for any two
or more Project purposes.
. e. Plant-in-service date. This date is the date that the
Project is physically available to initiate deliberate
impoundment for water supply purposes .
f. Annual operation and maintenance (O&M) expense. Annual
expenses funded under the O&M, General Account. These expenses
include the daily Project 0&M costs as well as those 0&M costs
which are not capitalized.
g. Repair, rehabilitation, and replacement Cost. Costs
funded under the Operation and Maintenance, General, or
Construction, General accounts but not associated with initial
Project investment or construction costs . Such expenditures are
9
n
for costly, infrequent work that is non-recurring in nature and
are intended to ensure continued satisfactory operation of the
Project
h. Fiscal Year. Refers to the Government ''s fiscal. year.
This year begins on 1 October and ends on 30 September. The
September calendar year corresponds to the fiscal year.
i. Life of the Project. This is the physical life of the
Project.
j . District Engineer. Refers to the District Engineer of
the Portland District of the United States Army Corps of
Engineers, or his/her successor or designee.
ARTICLE 16 - Approval of Agreement. This agreement shall be
subject to the written approval of the Secretary of the Army or
his duly authorized representative and shall not be binding until
so approved.
10
IN WITNESS WHEREOF, the parties have executed this agreement
as of the day and year first above written.
By
RANDALL J. BUTLER
Colonel, U. S. Army
District Engineer
DATE: 'Zq J ti Paz
CI OF ASHLAND, OREGON
By 1 6114'-7 6
RE OL
y inistrator, City of Ashland
DATE:
APPROVED: THE UNITED STATES OF AMERICA
By C/G �G7j
DAVID A. FASTABEND
Brigadier General, U. S. Army
Division Engineer
DATE: O�
11
EXHIBIT A
CERTIFICATION
I Paul Nolte Attorney for the City of Ashland,
hereby certify that the foregoing agreement executed by Greg
Scoles , City Administrator of the City of Ashland is within
the scope of his authority to act upon behalf of the City of
Ashland, and that in my capacity as Attorney for the City, I have
considered the legal effect of Section 221 of the 1970 Flood
Control Act (Public Law 91-611) and find that the City is legally
and financially capable of entering into the obligations
contained in the foregoing agreement and that, upon acceptance, .
it will be legally enforceable.
Given under my hand, this day of O� 20 0-L
Paul Nolte
Attorney for the City of Ashland
12
EXHIBIT B
LOST CREEK LAKE, OREGON
I - LAKE STORAGE
Percent of
Usable Water
Feature Elevation Storage Conservation Supply
(ft m. s . l) (ac. ft . ) Storage Storage
Seasonal Flood Control 1872-1812 180, 000
Seasonal Conservation 1812-1752 128, 2501
Total Usable Storage 1872-1751 308, 2501 100 . 000
Fishery Release 125, 000 40. 552
Irrigation 35, 000 11. 354
Water Supply 10, 000 3 . 244 100 . 000
(City of Phoenix, 1982) (400) (0 . 130) (4 . 000)
(City of Phoenix, 1991) (600) (0 . 194) (6. 000)
(City of Jacksonville, 1996) (400) (0 . 130) (4 . 000)
(City of Shady Cove, 1998) (3) (0 . 00097) (0 . 030)
(City of Ashland, 2002) (1000) (0 . 3244) (10 . 000)
Joint Use 138, 2501 44 . 850
Inactive 1751-1640 122, 2501
Dead below 1640 21, 000
Sedimentation (100 year) 13, 5001
TOTAL PROJECT STORAGE 465, 000
1 Storage remaining after 100 years of sedimentation from the
date the project is operational. It is estimated that 135
acre-feet of sedimentation will occur annually. Half (67 . 5
acre-feet) in the area inactive storage space annually.
2 Joint-use storage to be used primarily for fish enhancement,
in-reservoir recreation, municipal and irrigation purposes until
required for carry-over storage draft in a low runoff water year.
to meet authorized project purposes .
13
EXHIBIT B (cont 'd)
II - ALLOCATION OF CONSTRUCTION COST
Percent of
Project Joint-
Use Construction '
Feature Cost ($) Cost
Flood Control $ 44, 407, 000 52 . 673
Specific ( 26, 000)
Joint-Use (44, 381, 000)
Recreation $ 11, 420, 000 1 . 517
Specific (10, 142, 000)
Joint-Use ( 1, 278, 000)
Water Supply $ 6, 060, 000 7 . 192
Specific
Joint-Use ( 6, 060, 000)
Irrigation $ 7. 007, 000 8 . 316
Specific
Joint-Use ( 7, 007, 000)
Power $ 37, 925, 000
Specific (19, 255, 000) 22 . 158
Joint-Use (18, 670, 000)
Fish & Wildlife $ 10, 824, 000 8 . 144
Specific ( 3, 962, 000)
Joint-Use ( 6, 862, 000)
Total $117, 643, 000 100 . 00
Specific (33, 385, 000)
Joint-Use (84, 258, 000)
14
EXHIBIT B (cont ' d)
III - INVESTMENT COSTS TO BE REPAID BY THE CITY FOR
WATER SUPPLY STORAGE
Cost of 1, 000 acre-feet of water
supply storage (10 . 00°% X $6, 060, 000) _ $606, 000
Cost of specific facilities = ---
Subtotal $606, 000
Interest during construction) _ $68, 130
Subtotal $674, 130
Interest accrued form the end of the
10-year interest free period, 25 Jun 92
to date of agreement approval, estimated
at 01 Apr 02 $254 ,345
Total amount of Project investment costs
allocated to the City $928,475
Notes :
1 Based on actual construction expenditures by quarter and an
interest rate of 3 . 2530 .
15
EXHIBIT B (cont 'd)
IV - TOTAL ANNUAL COST TO THE CITY FOR PRESENT USE OF WATER
SUPPLY STORAGE
Interest and amort7ization
Non-applicable for this agreement due to lump sum payment
Operation and Maintenance)
Joint-use actual for FY01
10. 00% X 5. 97%2 X $2, 630, 081 = $15, 702
Major Replacement
Joint-use actual for FY01
10 . 00% X 7 . 19%° X $118, 567 = $852
TOTAL ESTIMATED ANNUAL COST $16,554
Notes :
1 Payment due and payable on the date specified in Article 5c.
2 Percent of Project
� joint-use operation and maintenance cost
allocated to water supply.
3 Major replacement costs are payable only when incurred as
specified in Article 5b. It is suggested that the amount shown be .
placed in a reserve or sinking fund for future contingency.
A Percent of Project
joint-use major replacement cost allocated
to water supply.
5 Major replacement cost in the year incurred.
16
EXHIBIT C
AMORTIZATION SCHEDULE
PRESENT DEMAND
TOTAL COSTS $928,475
NUMBER OF PAYMENTS 1
INTEREST RATE, PERCENT1 3.253°%
ANNUAL AMOUNT OF ALLOCATED • BALANCE
PAYMENT YEAR PAYMENT INTEREST COST ALLOCATED
NUMBER COST
1 1982
2 1983
3 1984
4 1985
5 1986
6 1987
7 1988
8 1989
9 1990
10 1991
11 1992
12 1993
13 1994
14 1995
15 1996
16 1997
17 1998
.18 1999
19 2000
20 2001
21 2002 . $928,475 $0.00 $928,475 $0.00
22 2003
23 2004
24 2005
25 2006
26 2007
27 2008
28 2009
29 2010
30 2011
Note:
1 Term of financing is 30 years from the date of the first
agreement for first use of municipal and industrial water supply
storage or as a lump sum payment. The first agreement was with
Phoenix and is dated 25 June 1982 .
17
l
Exhibit D
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF
DEFENSE DIRECTIVE UNDER TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
City of Ashland, Oregon ( hereinafter called Applicant-
Recipient")
HEREBY. AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR
Part 300, issued 'as Department of the Defense Directive 5500 . 11,
28 December 1964) issued pursuant to that title, to the end that,
in accordance with title VI of that Act and the Directive, no
person in the United States shall, on the ground of race, color,
sex, or be otherwise subjected to discrimination under any
program or activity for which the Applicant-Recipient receives
Federal financial assistance from Department of the Army and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures
necessary to effectuate this agreement If any real property or
structure thereon is provided or improved with the aid of Federal .
financial assistance extended to the Applicant-Recipient by this
Department of the Army assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any
transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the
provision of similar services or benefits, if any personal
property is so provided, this assurance shall obligate the
Applicant-Recipient for the period during which it has ownership
or possession of the property. In all other cases, this
assurance shall obligate the Applicant-Recipient for the period
during which the Federal financial assistance is extended to it
by Department of the Army.
THIS ASSURANCE is given 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 Applicant=Recipient by the
Department, including installment payments after such date on
account of arrangements for Federal financial assistance which
were approved before such date. The Applicant-Recipient
recognizes and agrees that such Federal financial assistance will
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be extended in reliance on the representations and agreements
made in this assurance, and that the United States shall have the
right to seek judicial enforcement of this assurance. This
assurance is binding on the Applicant-Recipient, its successors,
transferees, and assignees, and the person or persons whose
signatures appear below are authorized to sign this assurance on
behalf of the Applicant-Recipient.
Dated
BY �4A
(4REG SCOLES
ity Administrator,
City of Ashland
Address :
20 E. Main Street
Ashland, OR 97520
19
EXHIBIT E
CERTIFICATION REGARDING LOBBYING
Water Supply Storage Agreement
LOST CREEK LAKE PROJECT, OREGON
1 . The undersigned. certifies, to the best of their knowledge and
belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the water
supply agreement for the Lost Creek Lake Project, Oregon, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities", in accordance with its
instructions . This form is available to users by requesting it
telephonically at (202) 761-0116, or by writing to HQUSACE (CECW-
A) , 20 Massachusetts Avenue, NW, Washington, D.C. , 20314-1000.
c. The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, 'subgrants, and
contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
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2 . This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section
1352, Title 31 U. S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less
than $10, 000 and not more than $100, 000 for each such failure.
CITY OF ASHLAND, OR
BY
EG SCOL'ES
ity Administrator,
City of Ashland
1
21
CITY RECORDER Page 1 / 1
�.
ASHLAND CITY O F
DATE d -PO NUMBER,
20 E MAIN ST. 9/8/2011 10443
ASHLAND, OR 97520
(541)488-5300
VENDOR: 007650 SHIP To: Ashland Public Works
USACE, PORTLAND DISTRICT (541)488-5587
FINANCE &ACCTG OFFICER 51 WINBURN WAY
PO BOX 2946 ASHLAND, OR 97520
PORTLAND, OR 97208-2946
FOB Point: Req.No.:
Terms: Net Dept.:
Req.Del.Date: Contact: Michael Faught
Special Inst: - Confirming? No
-,.Quanb o Umt -
.. -:Unit P.nce_'�. .._ . Ext;P.i•ice_
Water Rights O&M 18,206.70
Per prior agrement dated July 26, 2002
i
SUBTOTAL 18 206.70
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 18,206.70
ASHLAND, OR 97520
4Accqunt Number FroJeehNumber, u iWAmount Account•,Num1gQ h j"-"; -.aa...'°,'�f�' �`. .Amount '�'_
",.Pro ect Number�.�r' _ � "�'
E 670.08.115.00.606800 18 206.70
VENDORCOPY
Authorized Signature
CITY OF
ASHLAND
REQUISITION
No.
Department PW-WATER(Supply) Date September 2,2011
Vendor US Army Corps of Engineers Requested Delivery Date ASAP
Portland District bill sent to
PO Box 2946 Deliver To Pieter Smeenk
Portland,OR 97208-2946 Via Betsy Harshman
Account No. 670.08.15.00.606800 ('Note: Please allow approximately two(2)weeks for delivery on items not
_ generally called in stored,and approximately two(2)months on printingjobs.)
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Water Rights O&M $18,206.70
per prior agreement
dated July 26,2002
f/cGn.�G--r z� fJ0 76 SQ
for Kari:
BID /RFP/EXEMPT: EXEMPT
Contract Start Date: na
Contract Completion Date:
Insurance on file: YES NO-NA
Project No:
Job No. Unit No. I bereby,certify that the above items are necessary for the operation
of this department and are budgeted
Department Head or Authorized Person
Issued By Date Received By
G:\pub-wrks\Annual Payments\TID BOR\USACE Water O&M Agreement FY12 requisition.xls