HomeMy WebLinkAboutTUSTIN, CITY OF (2)5�
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OCT 11 2019
Return ORIGINAL
Executed Copy to COTC
(M-30/TII)
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SERVICE AGREEMENT
BY AND BETWEEN THE CITY OF SANTA ANA
AND THE CITY OF TUSTIN
REGARDING POTABLE WATER SERVICE FOR
VARIOUS PARCELS OF UNINCORPORATED REAL PROPERTY
A-2019-157
This Service Agreement ("Agreement") is entered into by and between the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("Santa Ana"), and the City of Tustin, a California municipal
corporation C Tustin") (each referred to as "Party" and collectively referred to as the "Parties") on
the effective date of the reorganization of "Island Parcels" involving the annexation of the "Island
Parcels" to Santa Ana and detachment of same territory from the Municipal Water District of
Orange County as specified in Section A below.
RECTTALS
A. As provided by the Cortese -Knox -Hertzberg Local Government Reorganization
Act of 2000 (Gov. Code, §§ 56000 et seq.) and the Orange County Local Agency Formation
Commission's ("OC LAFCO") policies and procedures, Santa Ana will submit to OC LAFCO an
application to annex 57 parcels and detachment of the same parcels from the Municipal Water
District of Orange County. The annexation collectively constitutes an island of unincorporated
territory within Santa Ana's sphere of influence with Assessor's Parcel Numbers ("APNs") 396-
303-01 to -28, 396-304-01 to -11, 396-312-13, -14, and -15, 396-313-01 to -03, -06 to -11, and
396-314-01 to -06 ("Island Parcels") as shown on Exhibit A.
B. Santa Ana is presently without the necessary water system infrastructure to directly
provide Potable Water Services to the Island Parcels, but contemplates and fully intends to ensure
that the Island Parcels receive adequate Potable Water Service consistent with the level of service
contemplated by Santa Ana subsequent to the Annexation, including installation and completion
of all necessary water system infrastructure and performance of all customer service functions
("Potable Water Service") following Santa Ana's annexation of the Island Parcels.
C. Tustin maintains and operates water lines and facilities that provide Potable Water
Services to all developed Island Parcels.
D. Santa Ana and Tustin desire to enter into this Agreement, whereby Tustin will
provide Potable Water Service to the Island Parcels. Tustin will to provide water service to the
Island Parcels until such time Santa Ana has completed water system infrastructure to serve the
entire Island Parcels.
E. This Agreement constitutes a service agreement in which "[t]wo or more public
agencies where the public service to be provided is an alternative to, or substitute for, public
services already being provided by an existing public service provider and where the level of
service to be provided is consistent with the level of service contemplated by the existing service
provider." (Gov. Code, § 56133(e)(1)).
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F. Under Government Code, section 56133 and OC LAFCO's "Policy & Procedures
for the Review and/or Processing of Out -Of -Area Agreements by the Executive Officer (Gov't
Code §56133)," this Agreement is not an out -of -area service agreement requiring OC LAFCO's
review and approval because; (1) Santa Ana and Tustin are both public agencies; and (2) upon
amuexation, Santa Ana will have the exclusive authority to provide Potable Water Services to the
Island Parcels, However, Santa Ana has found that such activities can be more efficiently and
more conveniently performed by Tustin pursuant to this Agreement at this time.
G. This Agreement will in no way adversely impact water services to current
customers of Santa Ana or Tustin, will not induce growth, and will not result in the duplication of
services in the territory of either city.
H, This Agreement serves the public interest, economy, and general welfare.
TERNIs
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
as well as for other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows:
CONSENT FOR AND PROVISION OF SERVICES
I.I. Santa Ana's Consent for Service. Except as provided in Section 1.2, Santa Ana
consents to Tustin's provision of Potable Water Service to the Island Parcels, upon Santa
Ana's annexation of the Island Parcels.
1.2. Following the annexation, in the event that Santa Ana has or creates the
infrastructure and the capacity to provide Potable Water Service to the Island Parcels, any
new development or redevelopment within the Island Parcels shall be served by Santa Ana.
1.3. Tustin's Provision of Service.
1.3.1. Provision of Service. Tustin agrees to provide Potable Water Service to the
Island Parcels in a manner and at a level consistent with Tustin's provision of services to
its remaining service area, subject only to a changeover as set forth in Section 2 of this
Agreement.
1.3.2. Applicable Law. Tustin's provision of the Potable Water Service shall
comply with applicable local, state, or federal statutes, regulations, rules, or policies.
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2. TERMINATION
Santa Ana's Ca acity for Service, If, at anytime during the course of this Agreement, Santa
Ana determines that it has the infrastructure and capacity to economically and conveniently
provide Potable Water Service to the Island Parcels in a, manner and at a level consistent
with Santa Ana's service to the remainder of its service area, then Santa Ana will send
written notice to Tustin and OC LAFCO of such determination. The notice shall provide
reasonable terms, conditions, and times for accomplishing the changeover from Tustin to
Santa Ana as the provider of Potable Water Service; provided, however, that cooperation
with the notice shall be at no cost to Tustin, Tustin will work in good faith with Santa Ana
to reasonably comply with the notice. This Agreement shall terminate when the changeover
is accomplished. When this Agreement is tenninated for any reason, any costs reasonably
required to disconnect, transfer, cap, abandon, and/or otherwise cease Potable Water
Service by Tustin will be reimbursed by Santa Ana within ninety (90) days of delivery of
written request for such reimbursement, The manner of cessation of Tustin Potable Water
Service shall be in compliance with all then -current Tustin standards and requirements.
3. EFFECTIVE DATE OF AGREEMENT
The effective date of this Agreement is the date this Agreement is executed by both Parties
as it appears on the Signatures page of this Agreement referred to as Effective Date.
4. SCOPE OF AGREEMENT
Nothing contained in this Agreement shall be construed as representing the establishment
of any precedent or the formation of any policy by Santa Ana to generally allow Tustin to
provide Potable Water Service within Santa Ana's jurisdiction or by Tustin to provide
Potable Water Service within Santa Ana's jurisdiction on the terms and conditions
contained herein or on any terns and conditions whatsoever.
5. INDEMNIFICATION
The Parties shall indemnify and hold harmless each other and their officers, employees,
and agents, against any and all claims, liabilities, expenses, attorney's fees or damages, for
injury or death of any person, or damage to property, or interference with use of property
("Claims"), to the extent the Claims arise from the negligence or willful misconduct of the
indemnifying Party or to the extent any Claim arises in connection with the indemnifying
Party's negligent performance of this Agreement.
6. MISCELLANEOUS PROVISIONS
6.1. Changes to A> reement All of the terms, conditions and provisions hereof shall
inure to the benefit of and be binding upon the Parties hereto and their respective successors
and assigns, provided, however, that no assignment of this Agreement shall be made
without the prior written consent of the Parties to the Agreement, which consent may not
be unreasonably withheld, conditioned or delayed.
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6.2. Performance. Whenever performance is required of any Party hereunder, that party
shall use all due diligence to perform and take all necessary measures in good faith to
perform; provided, however, that if completion of performance shall be delayed at any time
by reason of acts of God, war, civil commotion, riots, strikes, picketing, or other labor
disputes, or damage to work in progress by reason of fire or other casualty or cause beyond
the reasonable control of a party (acts by the performing Party causing the situation to be
beyond reasonable control excepted), then the time for performance as herein specified
shall be appropriately extended by the amount of the delay actually so caused.
6.3. Severability; Invalidation of any of the provisions contained in this Agreement, or
of the application thereof to any person or circumstance, by judgment or court order, shall
in no way affect any of the other provisions hereof or the application thereof to any other
person or circumstance and the same shall remain in full force and effect, unless
enforcement of this Agreement as so invalidated would be unreasonable or grossly
inequitable under all the circumstances or would frustrate the purposes of this Agreement.
6.4. Form of Notice. Any notice to any Party shall be in writing and given by delivering
the same to such party in person or by sending the sarne by registered or certified mail,
return receipt requested, with postage prepaid to the party's mailing address, The respective
mailing addresses of the Parties thereto are, until changed as hereinafter provided, the
following:
To Santa Ana:
Fuad Sweiss, PE, PLS
Executive Director
Public Works Agency
20 Civic Center Plaza
Santa Ana, Ca. 92702
With copy to:
Clerk of the Council
20 Civic Center Plaza
Santa Ana, Ca. 92702
To Tustin:
Douglas Stack
Director of Public Works/City Engineer
300 Centennial Way
Tustin, Ca. 92780
To OC LAFCO:
Carolyn Emery
2677 North Main St Suite 1050
Santa Ana, Ca 92705
6.5. Change of Address, Any Party may change its mailing address at any time by giving
written notice of such change to the other Party in the manner provided herein at least ten
days prior to the date such change is considered effective.
6.6. Effective Date of Notice. All notices under this Agreement shall be deemed given,
received, made or communicated on the date personal delivery is effective or, if mailed, on
the delivery date or attempted delivery date shown on the return receipt.
6.7. Content of Notice, Every notice (other than the giving or withholding of consent,
approval, or satisfaction under this Agreement, but including requests therefore) given to
a Party or other person shall comply with the following requirements. Each notice shall
state;
6.7.1. The paragraph of this Agreement pursuant to which the notice is given; and
6.7.2. The period of time within which the recipient of the notice must respond or
if no response is required, a statement to that effect.
6.7.3. Each request for consent or approval shall contain reasonably sufficient data
or docuunentation to enable the recipient to make an informed decision.
6.8. Entire Agreement. This writing constitutes the entire agreement between the Parties
with respect to the subject matter hereof and supersedes all oral or written representations
or written agreements that may have been entered into between the Parties. This Agreement
may be cancelled, changed, modified or amended in whole or in part only by a written and
recorded instrument executed by the Parties (or their respective successors and assigns).
6.9. Governing Law, This Agreement shall be governed by the laws of the State of
California. Any legal action concerning or arising out of this Agreement shall be filed in a
court of the State of California having jurisdiction of the subject matter, and venue shall be
in the County of Orange, State of California.
6.10. Counterparts, This Agreement may be executed by the parties in one or more
counterparts, each of which when so executed and delivered shall be deemed to be an
original, but all such parts shall together constitute one and the same instrument.
6.11. Section Headings. All section headings and subheadings are inserted for
convenience only and will not affect any construction or interpretation of this Agreement.
Signatures and OC LAFCO certification on the next pages.
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SIGNATURES
In witness thereof, the Parties here to have executed this Agreement on
1 2 I 1 2-0 t `t which is the Effective Date.
Month Day Year
CITY OF SANTA ANA,
a California municipal corporation
By:
KKR STINE RIDGE,
CITY MANAGER
Attest:`"
By: a'
DAISY GOMEZ, MMC
CLERK OF THE COUNCIL
Approved as to Form:
By: �4> /N/. fl.�A
S IA CARVALHO, 1J
CITY ATTORNEY �°
CITY OF TUSTIN,
a Californiamunicipalcorporation
By: 1A^.���1
CITY MANAGER
Attest:
By;
ERICA 4YADA,
CITY CLERK
Approved as to Form:
WOODRUFF, SP ADL c SMART, APC.
By:
AVID E. KENDIG,
CITY ATTORNEY
CERTIFICATION
Based upon the recitals and the terns of this Agreement, I find that Tustin's provision of
Potable Water Services outside its jurisdictional boundary to the Island Parcels does not constitute
a contract or agreement requiring OC LAFCO approval under Government Code section 56133.
0
EXECUTIVE
OC LAFCO
Return ORIGINAL
Executed Copy to COTC
(M 30mi)
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