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Regional CropSWAP Program Participation Waiver
The Regional CropSWAP Program (Sustainable Water for Agricultural Production), facilitated by Rancho California Water District, in collaboration with local water agencies in North San Diego County and South Riverside County, supports and incentivizes water-use efficiency improvements within the agricultural community. This program offers technical and financial assistance for projects related to crop conversion and water-saving initiatives, with the aim of benefiting water supply reliability for all customers. By participating in the CropSWAP Program, you agree to the following terms and conditions:
1. Eligibility: I am an agricultural water customer of a participating Regional Partner (Rancho California Water District, Fallbrook Public Utilities District, Rainbow Municipal Water District, Valley Center Municipal Water District, City of Escondido, or City of Oceanside) and meet all Program eligibility requirements outlined in the Program Framework. I have not begun my project and will not begin my project prior to receiving written approval to proceed.
2. Project Requirements: I will complete the project in strict accordance with all requirements detailed in the Program Framework, including but not limited to crop types, acreage, irrigation system specifications, and completion deadlines. I understand that failure to adhere to Program requirements may result in disqualification and ineligibility for incentive payments.
3. Access: I grant the Regional Partners’ Program Administrator and their authorized representatives reasonable access to the project site before, during, and after project completion for the purposes of site inspections, project verification, and water consumption monitoring, which may include the use of drone aerial imagery in areas with difficult topography. Access must be provided to the project area for up to three years following project completion.
4. Documentation: I will provide all required documentation, including but not limited to paid project receipts, invoices, permits, and certifications, to verify project costs and compliance with Program requirements. I am solely responsible for all upfront costs and any project costs not covered by the incentive.
5. Incentive Payments: I understand that incentive amounts are not guaranteed, are subject to funding availability, and may be reduced or eliminated due to circumstances beyond the control of the Program Administrator or the Regional Partners. Incentives will be paid only after the project is completed, inspected, and approved by the Program Administrator.
6. Taxes and Fees: I am responsible for any and all tax liability, fees, or other charges associated with the project incentive payment. I agree to provide necessary tax documentation requested by the Program Administrator or Regional Partners.
7. Ownership and Maintenance: I certify that I am the property owner or have obtained full written consent and authorization from the property owner to participate in the Program. I assume full responsibility for the project’s completion, operation, and ongoing maintenance in accordance with best management practices for water conservation and efficiency. I agree to make commercially reasonable efforts to sustain agricultural production in connection with the Project and will make good faith efforts to follow best management practices for the Project operation.
8. Hold Harmless and Waiver: I agree to hold the Regional Partners, Program Administrator, and their respective officials, officers, employees, and agents harmless from and against any and all liabilities, losses, costs, damages (including but not limited to equipment damage and/or crop failure), attorney’s fees, and any other expenses that I may sustain or incur as a result of the Project or participation in the Program. IN NO EVENT WILL THE REGIONAL PARTNERS OR PROGRAM ADMINISTRATOR BE LIABLE TO ME IN ANY MANNER WHATSOEVER FOR GENERAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND I EXPRESSLY WAIVE ANY SUCH CLAIMS.
9. Indemnification: I shall defend, indemnify, and hold harmless the Regional Partners, Program Administrator, and their officers, directors, employees, and agents from any and all claims, suits, causes of action, losses, damages, fines, penalties, costs, and expenses (including attorney’s fees) of any kind, in law or in equity, arising out of, pertaining to, or related to my participation in the Program or the project, including without limitation any acts, errors or omissions, or willful misconduct of myself or my officers, directors, employees, and agents, except to the extent caused by the gross negligence or willful misconduct of the Regional Partners or Program Administrator. My obligation to indemnify will not be restricted to insurance proceeds, if any, received by myself or the indemnified parties.
10. Disclaimer of Warranties: The Regional Partners and Program Administrator make no representations or warranties, expressed or implied, regarding the design, installation, construction, reliability, performance, operation, maintenance, or any use of the project or equipment. I am solely responsible for the selection, use, and operation of the equipment and materials installed as part of the project.
11. Compliance with Laws: I am responsible for ensuring the project complies with all applicable federal, state, and local laws, codes, ordinances, policies, and regulations. I will obtain any necessary permits and ensure any hired contractors abide by licensing and labor law requirements. I acknowledge that California Labor Code Sections 1720 et seq. and 1770 et seq. (Prevailing Wage Laws) mandate the payment of prevailing wage rates and the fulfillment of other obligations on specific “public works” and “maintenance” projects governed by the Prevailing Wage Laws, and that if the Project is an applicable “public works” or “maintenance” project, and the total compensation exceeds $1,000, I will ensure (1) my contractor and all subcontractors will comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1); and (2) pursuant to Labor Code Sections 1725.5 and 1771.1, my contractor and all subcontractors performing covered work will be registered with the Department of Industrial Relations. My contractor will maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. I understand that the work may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It is my sole responsibility to comply or cause any contractors or subcontractors to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against myself, a contractor or any subcontractor that affect the project, including any delay, will be my sole responsibility. I agree to defend, indemnify and hold the Regional Partners, Program Administrator and their officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, including without limitation any claim or liability arising out of stop orders issued by the Department of Industrial Relations against myself, my contractors, or any subcontractor.
12. Water Consumption Monitoring: I authorize the Regional Partners to monitor and analyze my agricultural water consumption and usage data for the purpose of evaluating Program effectiveness and water savings. I agree this data may be shared with other agencies and used in reports, while protecting personally identifiable information.
13. Additional Condition for Rancho California Water District Participants: I acknowledge that following the completion of conversions for which financial assistance was provided, the water allocations for the converted areas will be reduced to reflect the needs of the newly planted crop.
14. Recordation of Covenants: I acknowledge that the Regional Partners may require me or the property owner to execute and record an instrument with these terms and conditions and/or additional terms and conditions, as a condition to my participation in the Program and receipt of incentives, which would run with the land and inure to the benefit of and bind the heirs, successors, and assigns of myself or the property owner.
15. Project Publicity: I grant the Regional Partners the right to use details and photographs of my project for promotional and educational purposes, while allowing them to share project information with other agencies. No personal identifying information will be published without my express written consent.
16. Dispute Resolution: Any disputes arising out of or relating to this agreement or the Program shall be resolved through mediation or arbitration conducted by the participants’ water agency in the county where the Regional Partner is located.
17. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of California.
18. Entire Agreement: This agreement constitutes the entire understanding between the parties regarding the Program and supersedes all prior representations, agreements, or understandings, whether written or oral. No changes or modifications to this agreement shall be valid unless made in writing and signed by both parties.