HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (4) -2012A-2012-238
AMENDED AND RESTATED
PURCHASE ORDER FOR SYSTEM WATER TO BE PROVIDED BY
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
PURCHASER:
CITY OF SANTA ANA TERM
12 years
INITIAL BASE FIRM DEMAND:
13,476.3 acre-feet EFFECTIVE DATE:
January 1, 2003
INITIAL TIER 1 ANNUAL MAXIMUM:
12,128.7 acre-feet
PURCHASE ORDER COMMITMENT:
97,029.0 acre-feet
Definitions of capitalized terms used in this Purchase Order are provided in Attachment
1. Terms used in this Purchase Order and not defined in Attachment 1 are defined in
Metropolitan's Administrative Code.
COMMITMENT TO PURCHASE.
In consideration of Purchaser's commitment to purchase System Water pursuant to this
Purchase Order, Metropolitan agrees to sell such System Water to Purchaser at the Tier 1
Supply Rate each year in an amount up to the Tier 1 Annual Maximum. System Water sold to
Purchaser (excluding deliveries of interruptible water, including but not limited to the Interim
Agricultural Water Program, Long-Term Seasonal Storage Service and Replenishment Service)
in an amount greater than the Tier 1 Annual Maximum shall be sold to the Purchaser at the Tier
2 Supply Rate. In connection with the receipt of System Water, the Purchaser also agrees to
pay all other applicable rates and charges, as established by Metropolitan from time to time in
accordance with Section 4304 of the Administrative Code. The rates and charges applicable to
System Water as of the Effective Date are shown in Attachment 2.
Purchaser agrees to purchase System Water from Metropolitan during the Term in an
amount (excluding deliveries of interruptible water, including but not limited to the Interim
Agricultural Water Program, Long-Term Seasonal Storage Service and Replenishment Service)
not less than the Purchase Order Commitment.
Purchaser recognizes and agrees that Metropolitan has relied and will, during the term
of this Purchase Order, rely on this commitment by Purchaser in setting its rates and charges,
planning and providing its capital facilities and developing its water supply, management and
reliability programs. If Purchaser's applicable System Water purchases during the Term are
less than the Purchase Order Commitment, Purchaser agrees to pay Metropolitan an amount
equal to the difference between the Purchase Order Commitment and Purchaser's applicable
System Water purchases during the Term times the average of the Tier 1 Supply Rate in effect
during the Term. The Purchaser agrees to pay such amount to Metropolitan within the next
regular billing cycle following the reconciliation of all certifications for special programs that the
Purchaser may participate in (e.g. Interim Agricultural Water Program, Long-term Seasonal
Storage Service). The Purchaser may elect to pay such amount in twelve equal monthly
payments over the course of the next twelve months beginning with the first regular billing cycle
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following the reconciliation of all outstanding certifications for special programs. If the
Purchaser elects to pay such amount over the course of the next twelve months following the
regular billing cycle any outstanding balance shall bear interest at Metropolitan's then current
investment portfolio average yield. All other amounts payable under this Purchase Order shall
be billed and paid in accordance with the Administrative Code.
The Purchaser further recognizes that this Purchase Order is entered into for the direct
benefit of the holders and owners of Metropolitan's Bonds issued from time to time under the
Act and the Bond Resolutions, and the income and revenues derived from this Purchase Order
will be pledged for the purposes set forth in the Bond Resolutions, including the payment of
principal of and interest on such Bonds.
RENEWAL:
Prior to but not later than December 31, 2010, the Purchaser may provide a non-binding
written notice to Metropolitan of the Purchaser's determination to extend this Purchase Order.
Upon the receipt of such notice, the Board of Directors of Metropolitan (the "Board") shall
determine whether Metropolitan will continue to provide System Water to member agencies by
Purchase Order. If the Board so determines, the Purchaser and Metropolitan shall amend this
Purchase Order to include an extended term and/or to include such other terms and conditions
as may be mutually agreed by the parties. If the Purchaser elects not to renew this Purchase
Order it will terminate upon the expiration of the Term.
WATER SERVICE:
Conditions of water service by Metropolitan to the Purchaser, including but not limited to
(i) delivery points, (ii) water delivery schedules, and (iii) water quality, will be determined in
accordance with Chapter 5 (Section 4500 through 4514, inclusive, as applicable) of
Metropolitan's Administrative Code.
In accordance with its Administrative Code, Metropolitan shall use its reasonable best
efforts to supply System Water in the quantities requested by the Purchaser, but is not obligated
to dedicate any portion of System capacity for the conveyance, distribution, storage or treatment
of System Water for the benefit of the Purchaser or any other member agency. Metropolitan
shall use its reasonable best efforts to deliver the Firm Demand when needed by the Purchaser
during the Term; provided however, there shall be no default under this Purchase Order if
Metropolitan fails to deliver water to the Purchaser in accordance with any such schedule of
deliveries during the Term.
By execution of this Purchase Order, the Purchaser recognizes and agrees that it
acquires no interest in or to any portion of the System or any other Metropolitan facilities, or any
right to receive water delivered through the System, excepting the right to purchase up to
Purchaser's Tier 1 Annual Maximum at the Tier 1 Supply Rate provided that System Water is
available. This Purchase Order governs pricing of the System Water delivered to the Purchaser
pursuant to this Purchase Order and does not confer any entitlement to receive System Water.
System Water provided to the Purchaser under the terms of this Purchase Order shall
be subject to reduction in accordance with the shortage allocation provisions of the Water
Surplus and Drought Management Plan (the "WSDM Plan") or other such policies and principles
governing the allocation of System Water as adopted by the Board.
In the event that Metropolitan's Board determines to reduce, interrupt or suspend
deliveries of System Water, any outstanding balance of the Purchase Order Commitment at the
end of the Term shall be reduced by the reduction in System Water made available to the
Purchaser under this Purchase Order.
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MISCELLANEOUS:
This Purchase Order will be interpreted, governed and enforced in accordance with the
laws of the State of California.
This Purchase Order will apply to and bind the successors and assigns of the Purchaser
and Metropolitan.
No assignment or transfer of the rights of the Purchaser under this Purchase Order will
be valid and effective against Metropolitan or the Purchaser without the prior written consent of
Metropolitan and the Purchaser.
If at any time during the Term, by reason of error in computation or other causes, there
is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided
for under this Purchase Order, which overpayment or underpayment is not accounted for and
corrected in the annual re-determination or reconciliation of said charges, the amount of such
overpayment or underpayment shall be credited or debited, as the case may be, to the
Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit
or debit, as the case may be. In no case will credits or debits for charges provided for under this
Purchase Order be administered beyond the limit for billing adjustments as specified in
Metropolitan's Administrative Code.
IN WITNESS WHEREOF, this Amended and Restated Purchase Order is executed by
the duly authorized officers of the Metropolitan Water District of Southern California and City of
Santa Ana, as of December , 2012.
THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
By:
Jeffrey Kightlinger
General Manager
APPROVED AS TO FORM AND CONTENT:
General Counsel
CITY OF SANTA ANA
By: L( CX,_ ??
Pau M. alters
[Title] City Manager
APPROVED AS TO FORM
...?1 ?'
s.. T
General R-gilf}§ak City Attorney,
By: By:
co?ended for Approval
L
ATTEST: By
'? Raul Godinez, II
MARIA D. HUIZAR?
CLERK OF THE C UNCIL _3_ Executive Director, Public Works Agency
Attachment 1
Amended and Restated Purchase Order for System Water
DEFINITIONS
"Act" means the Metropolitan Water District Act, California Statutes 1969, Chapter 209,
as amended and supplemented from time to time.
"Base Firm Demand" means the greater of (i) the Initial Base Firm Demand Post IAWP
or (ii) the ten-year rolling average of the Purchaser's Firm Demand, measured on a fiscal year
basis.
"Bonds" means water revenue bonds or notes issued under the Bond Resolutions.
"Bond Resolutions" means Resolution No. 8329 or Resolution No. 8322, both as
amended and supplemented, or any other resolution authorizing the issuance of bonds, notes or
other obligations secured by Metropolitan's water sales revenues.
"Effective Date" means the effective date of this Purchase Order as specified above.
"Firm Demand" means the Purchaser's purchases of non-interruptible System Water
supplies, including full service, seasonal shift, Conjunctive Use Program, Surface Storage
Operating Agreement water, Recharge and Recovery Operating Agreement water, or any other
water program deemed to be a firm delivery of water.
"Initial Base Firm Demand" means the Purchaser's highest annual Firm Demand on
Metropolitan in any fiscal year during the period from fiscal year 1989/90 through fiscal year
2001/02. In accordance with procedures set forth in Metropolitan's Administrative Code, the
Initial Base Firm Demand will be revised to reflect certified and verified deliveries under the
Interim Agricultural Water Program and Long-term Seasonal Storage Service Program as such
certifications affect the Initial Base Firm Demand.
"Initial Base Firm Demand Post IAWP" means the Purchaser's highest annual delivery
of water from the District, excluding water delivered under Long-Term Seasonal Storage Service
and other deliveries of interruptible water but including Interim Agricultural Water Program
deliveries, during any fiscal year from fiscal year 1989/90 through fiscal year 2001/02.
"Metropolitan" means The Metropolitan Water District of Southern California.
"Purchase Order Commitment" means 60% of the Initial Base Firm Demand times 12.
Deliveries of System Water made under the Interim Agricultural Water Program and Long-Term
Seasonal Storage Service will not count toward the Purchase Order Commitment.
"Purchase Order" means this Amended and Restated Purchase Order for System
Water.
"Purchaser" means the member public agency specified above, a duly organized
[city/water district/county water authority] of the State of California.
"System" means the properties, works and facilities of Metropolitan necessary for the
supply, development, storage, conveyance, distribution, treatment or sale of water.
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"System Water" means water supplies developed by Metropolitan and delivered to the
Purchaser through the System or other means (e.g. conjunctive use storage).
"Term" means the term of this Purchase Order as specified above.
"Tier 1 Annual Maximum" means an amount equal to 90% of the Base Firm Demand.
"Tier 1 Supply Rate" means Metropolitan's per-acre-foot Tier 1 Supply Rate, as
determined from time to time by Metropolitan's Board of Directors. The initial Tier 1 Rate is
$73/AF.
"Tier 2 Supply Rate" means Metropolitan's per-acre-foot Tier 2 Supply Rate, as
determined from time to time by Metropolitan's Board of Directors. The initial Tier 2 Rate is
$154/AF.
"Water Surplus and Drought Management Plan (WSDM)" means Metropolitan's
policy and procedures for managing supplies and drought conditions as adopted by the Board
from time to time.
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Attachment 2
Amended and Restated Purchase Order for System Water
RATES AND CHARGES
Effective
January
1, 2013 Effective
January
1, 2014
Tier 1 Supply Rate ($/AF $140 $148
Tier 2 Supply Rate $/AF $290 $290
System Access Rate
$/AF) $223 $243
System Power Rate
$/AF $189 $161
Water Stewardship Rate
$/AF) $41 $41
Full Service Untreated
Rate ($/AF):
Tier 1 $593 $593
Tier 2 $743 $735
Treatment Surcharge
$/AF) $254 $297
Full Service Treated Rate
$/AF):
Tier 1 $847 $890
Tier 2 $997 $1,032
Readiness-to-Serve
Charge ($ millions) $142 $166
Capacity Charge ($/cfs) $6,400 $8,600
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