Draft

M&I Only

Contract No. 14-06-200-4619-IR5

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

6 AND

7 THE CITY OF AVENAL

8 PROVIDING FOR PROJECT WATER SERVICE

9 FROM THE SAN LUIS UNIT AND DELTA DIVISION

10 THIS CONTRACT, made this _______ day of ___________________, 20____, 

11 in pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or 

12 supplementary thereto, including, but not limited to, the acts of August 26, 1937 (50 Stat. 844), 

13 as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 

14 June 3, 1960 (74 Stat. 156), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), 

15 October 27, 1986 (100 Stat. 3050), as amended, and Title XXXIV of the Act of October 30, 1992 

16 (106 Stat. 4706), all collectively hereinafter referred to as Federal Reclamation law, between the 

17 UNITED STATES OF AMERICA, hereinafter referred to as the United States, and the CITY OF 

18 AVENAL, hereinafter referred to as the Contractor, a public agency of the State of California, 

19 duly organized, existing, and acting pursuant to the laws thereof; 

20 WITNESSETH, That:

21 EXPLANATORY RECITALS

22 WHEREAS, the United States and the Contractor entered into an interim renewal 

23 contract identified as Contract No. 14-06-200-4619A-IR1, hereinafter referred to as IR1, which 

24 provided for the continued water service to the Contractor effective from January 1, 2009, 

25 through February 28, 2011; and 
Draft

Contract No. 14-06-200-4619A-IR5 

2

26 WHEREAS, the United States and the Contractor have entered into successive 

27 renewals of IR1, the most recent of which is Contract No. 14-06-200-4619A-IR4, hereinafter 

28 referred to as IR4, effective from March 1, 2015, through February 28, 2017; and

29 WHEREAS, the United States and the Contractor have made significant progress 

30 in their negotiations of a long-term renewal contract, believe that further negotiations on the 

31 long-term renewal contract would be beneficial, and mutually commit to continue to negotiate to 

32 seek to reach agreement, but anticipate that the environmental documentation necessary for 

33 execution of any long-term renewal contract may be delayed for reasons beyond the control of 

34 the parties; and 

35 WHEREAS, the Contractor has requested a subsequent interim renewal contract 

36 pursuant to Article 2 of IR1; and 

37 WHEREAS, the United States has determined that the Contractor has to date 

38 fulfilled all of its obligations under IR4; and

39 WHEREAS, the United States is willing to renew IR4 pursuant to the terms and 

40 conditions set forth below;

41 NOW, THEREFORE, in consideration of the mutual and dependent covenants 

42 herein contained, it is hereby mutually agreed by the parties hereto as follows: 

43 RENEWAL AND REVISION OF

44 CONTRACT NO. 14-06-200-4619A-IR4

45 1. Except as specifically modified by this Contract, all provisions of IR4 are 

46 renewed with the same force and effect as if they were included in full text with the exception of 

47 Article 1 of IR4 thereof, which is revised as follows: 

48 (a) The first sentence in subdivision (a) of Article 1 of IR4 is modified as 

49 follows: “This Contract shall be effective from March 1, 2017, and shall remain in effect 
Draft

Contract No. 14-06-200-4619A-IR5 

3

50 through February 28, 2019, and thereafter will be renewed as described in Article 2 of IR1 if a 

51 long-term renewal contract has not been executed with an effective commencement date of 

52 March 1, 2019.” 

53 (b) Subdivision (b) of Article 1 of IR4 is amended by deleting the date 

54 “February 28, 2017,” and replacing same with the date “February 28, 2019.”

55 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 

56 the day and year first above written. 

57 UNITED STATES OF AMERICA

58 By: _____________________________________ 

59 Regional Director, Mid-Pacific Region

60 Bureau of Reclamation

61 (SEAL)

62 CITY OF AVENAL

63 By: _____________________________________ 

64 Mayor

65 Approved as to form: 

66 By: _____________________________ 

67 City Attorney

68 Attest: 

69 By: _____________________________ 

70 City Clerk