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HomeMy WebLinkAboutCOSTA MESA COUNTY WATER DISTRICT (4)hLLT: L S 6-23-76 WATER SUPPLY INTERTIE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COSTA MESA COUNTY WATER DISTRICT THIS AGREEMENT, made and entered into this 22nd day of July 1976, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, ("City"), and the COSTA MESA COUNTY WATER DISTRICT, a public body, corporate and politic ("District"), W I T N E S S E T H Recitals: A. Each of the parties is providing water service to its respective.adjoining areas along their common boundaries, and have been doing so for many years. B. It is to the mutual benefit of both parties that their two water distribution systems be intertied, according to good engineering practice, to maximize the dependability and capability of each system. C. In recognition of the mutual aid benefit of inter - ties between said water supply systems, City and District have previously entered into Intertie Agreements, dated June 3, 1970, January 2, 1972, and January 15, 1976. D. There is an existing need for, and there will be future opportunities to provide, additional interties between the water distribution systems of the parties, and economies will be achieved by a minimum of delay in processing approval thereof. E. The parties desire that the locations and operations of such future interties should be determined by engineering and operational considerations, and should be approved and administered Cooperatively by the key management. personnel who are responsible for and who supervise the provisions of water service for each of the pal ties. . 1 Y - WHEREFORE, in consideration of 'their mutual covenants and promises, hereinafter contained, and subject to all of the following terms and conditions, the parties hereto do hereby agree as follows: 1. It is mutually agreed that this Agreement supersedes all previous intertie agreements between the City and the District, and that it is intended to be a statement of future policy and of the guidelines for implementation of that policy by each of the parties. This Agreement shall remain in full force and effect until and unless one of the parties shall give to the other not less than one (1) year's formal written notice of termination, or until and unless the parties mutually agree to termination of the whole or modification of a part of this agreement. 2. The parties agree that as many interties should be established between their two systems as is necessary and consistent with good engineering, operational and economic practices. However, it is mutually agreed that nothing contained in this agreement shall grant or cc . nvey, or he deemed to have granted or conveyed, any rights to, or the continued use of, any water, nor shall such accruei or be deemed to have accrued hereto- fore, from the use of any intertie connection between the water systems of the parties or the transmission or receipt of the water flowing through any such intertie connection. 3. Each of the parties hereby authorizes and directs its respective Director, Department Read or Manager who is responsi- ble for its water supply and water service management and opera- tion ("staff officials") to implement the provisions of this agreement. Said staff officials are hereby authorized to make arrangements for interties between the water systems of the par- ties without further authorization of the governing body of either party, except in those instances where, in the opinion of one or another of the staff officials, it appears that the 2. proposed intertie does not conform to the general policies, agreements and guidelines of this agreement, or of the require- ments of law. 4. A. The staff officials of the parties are authorized and directed by this Agreement to intertie the respective water systems of the parties at whatever locations they mutually deter- mine to be most appropriate to further the purposes hereof. B. If any such intertie is of a permanent type designed to provide an emergency water supply for all municipal purposes on a mutual basis, then it is agreed that each party hereto shall pay fifty percent (50%) of the capital costs of the con- struction of such intertie and fifty percent (50%) thereafter of the maintenance and operational costs thereof. It is con- templated by the parties that such type of permanent intertie will usually be manually operated and tested, and that no meter- ing device will be installed in connection therewith. Accord- ingly, in the absence of a meter, the amount of water delivered through such an intertie from one agency to the other agency shall be determined by mutually acceptable criteria, based upon flow capacity, pressure, time interval of delivery, and other appropriate factors. No "water main" or "footage" charges shall be assessed for any such intertie by either party. Each of the parties agrees that, whenever it uses or tests such a permanent intertie, it shall immediately notify the owner thereof, and there- after provide appropriate information concerning the amount of water received through the intertie. It is further agreed that neither of the parties shall receive water deliveries through such an intertie for a period of time greater than five (5) consecutive days unless and until the respective staff officials of the parties have mutually agreed thereto. C. If any such intertie is of a permanent nature and is primarily for fire -flow requirements of one of the parties, then in that event the party that receives the fire -flow benefits therefrom agrees to pay one hundred percent (1000) of the capital 3. costs of the construction of such intertie and one hundred percent (100%) of the maintenance and operational costs thereof. The parties contemplate that such a fire -flow intertie normally will be a one-way flow installation, complete with meter and automatically actuated pressure operating devices. Each such fire service meter shall be equipped with a detector check valve and, if necessary, a back -flow prevention device. The parties agree that "water, main" or "footage" charges may be assessed against the party that receives the benefits of such an intertie, as well as normal current "stand-by" charges for fire lines, based upon the size of the connection. D. If the intertie is of a temporary nature, (designed, constructed and intended not to exceed two (2) years duration) then in that event the party that requests the intertie agrees to pay one hundred percent (100%) of the capital costs of con- struction of such intertie and one hundred percent (1000) of the costs of maintenance and operation thereof. Each such temporary intertie shall have a meter installation and, if necessary, a back -flow prevention device. neither party shall charge the other a "water main" or "footage" charge for any such intertie but the supplying party may charge the other its current normal customer charge(s) for the type or class of service for which such water supply service is provided. 5. It is agreed by the parties that the charge for water going through any of the permanent unmetered or fire -flow inter - ties (now existing or hereafter constructed), as described in paragraphs 4 B and 4 C. above, shall be the existing Metropolitan Water District rate plus any member agency surcharge plus a ten percent (10%) surcharge. Amounts thereof shall he determined by the parties, respectively, on a periodic basis and billed from time to time, with the bills due and payable thirty (30) days following presentment. 6. In the event of emergency conditions occurring simul- taneously within the adjoining service areas of the parties, 4. prudent judgment shall be exercised by the respective staff officials, under such emergency conditions, to coordinate closely the operations of opening or closing all interties in such a manner as not to give the receiving party an advantage or prior- ity over the supplying party. 7. In the event that it is necessary to relocate, remove or abandon one or more of the intertie connections heretofore or hereafter made between the respective systems of the parties, the costs thereof shall be paid by the benefiting party or shared by the two parties, as appropriate, on the same basis as the applic- able intertie installation costs set forth in section 4 hereof. 8. Each party agrees to indemnify and hold harmless the other party, its officers and employees, from and against any and all loss or damage, and from and against any and all liability for any and all loss or damage, and from and against any and all suits, actions and claims filed or brought by any person or per- sons, because of or arising out of any performance of or failure to perform any or all things necessary to or required to be done by such party pursuant to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF SANTA ANA ATTEST: FLORENCZ." L MALOM7 Clerk 6f­i-hp Council Tor APPROVED AS TO FORM: KEITHL. COW, CITY ATTORNEY COSTA MESA COUNTY WATER DISTRICT ATTEST,. President, Board of Directors S ,tare' APPROVED AS TQ,'_,FORM: Attorney for costa Mesa County Water District. 5.