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HomeMy WebLinkAboutMillview County Water District 2010-01-07WATER INTERCONNECTION AND WHEELING AGREEMENT This Agreement is made and entered in Ukiah, California, on 1- 7- , 000 2009, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation and Millview County Water District ("Millview"), a county water district formed under the provisions of Water Code sections 30000 et seq. RECITALS: 1. Millview and Ukiah operate water systems that serve contiguous territory. Water mains belonging to the two agencies lie in close proximity to each other. 2. Urgent or emergency conditions can from time to time interrupt the water service Millview and Ukiah provide their customers. "Urgent or emergency conditions" in this Agreement means a sudden or unexpected occurrence or combination of occurrences causing the domestic water supply to be temporarily interrupted or lessened. The reliability of water service Millview and Ukiah provide to their customers is improved when the water mains of both systems are physically connected but separated by valves that can be opened during urgent or emergency conditions. 3. To improve the reliability of the water systems serving Millview and Ukiah, the parties first entered emergency interconnection agreements in 1993, renewed and extended the agreements in 2002, and physically interconnected their respective water systems in accordance with the terms of those agreements. 4. In 2001, the Compliance and Enforcement Unit of the State Water Resources Control Board (the "Board") notified Ukiah and Millview that the provision of water under the interconnection agreements threatened to violate their appropriative water rights permits or licenses ("Water Rights Permits") issued by the Board, because it could result in the use of water outside the allowed place of use as authorized by each permit. 5. Millview and Ukiah both have entered Water Supply Agreements with the Mendocino County Russian River Flood Control and Water Conservation Improvement District ("Flood Control District") under which they each have contracted to use water subject to the Flood Control District's Water Rights Permit which authorizes the Flood Control District and its contractors to divert and re-divert up to 8000 acre feet per year of water stored in Lake Mendocino. The areas currently served by the Millview and Ukiah water systems are within the place of use authorized by the Flood Control District's Water Rights Permit. 6. To avoid using water under their respective Water Rights Permits, Millview and Ukiah have agreed to wheel water to each other in urgent or emergency conditions pursuant to their respective Water Supply Agreements with the Flood Control District. August 14, 2009 7. The purpose of this agreement is to establish the terms and conditions under which the systems can remain physically connected and that connection can be properly maintained; and the water wheeled to the neighboring system during urgent or emergency conditions. AGREEMENT: Wherefore, in consideration of the above-recited facts and on the terms and conditions as further stated herein the parties hereby agree as follows. 1. Interconnection. The parties confirm that the two systems have been interconnected in accordance with the 1993 and 2002 interconnection agreements. 2. Ukiah's Provision of water service to Millview. Water shall be wheeled under this Agreement upon written or verbal request from Millview's General Manager or his duly authorized delegate. The request shall include a representation that urgent or emergency conditions exist. Upon receipt of such request, Ukiah's City Manager or his or her duly authorized delegate shall open the valve in order to wheel water under Millview's Water Supply Agreement with the Flood Control District from the City's diversion works to Millview's water system through the intertie. Millview shall use the water in accordance with the terms of its Water Supply Agreement with the Flood Control District and warrants and represents to Ukiah that such use is compliance with those terms, including the prohibition against using the water outside the allowed place of use under the Flood Control District's Water Rights Permit or for a purpose that is not authorized by that permit. Millview shall account to the Flood Control District for the amount of water the City wheels to Millview pursuant to this Agreement. The wheeling of water using Ukiah's system to transmit water through the emergency intertie to Millview's water system shall only occur under the following terms and conditions: a. If practicable, Millview shall give Ukiah at least 24 hours advance notice to open the valve. In its request for service Millview shall indicate the time when it wants the temporary service to begin and the time when it wants that service to end. Unless earlier notified of a different termination date, Ukiah shall end service on the date indicated in the notice from Millview. In any event, Ukiah may, but need not, end service when the limits of service imposed by subparagraph b have been reached. b. Ukiah shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total calendar days in any calendar quarter (Jan. 1 to March 31, April 1 to June 30, July 1 to September 30, October 1 to December 31). c. Ukiah shall only be required to furnish water service to Millview for the following reasons: 2 August 14, 2009 (1) An emergency and/or equipment failure affecting Millview's capacity to deliver water to its customers; (2) To combat a fire within or without the Millview service area; (3) To allow for necessary maintenance or repair of Millview equipment not practicably achievable without that water service; or (4) Contamination of Millview's water source. 4. Payment for service provided by Ukiah. 4.1 Millview shall pay Ukiah an amount per gallon for water delivered through the meter at the interconnection determined by dividing the costs of operating the Ukiah water system, determined in accordance with governmental generally accepted accounting principals (governmental GAAP) established by the Governmental Accounting Standards Board (GASB), for the previous fiscal year by the total number of gallons of water produced during that time period. Millview may request the information and accounting analysis performed to compute the per gallon price. Any dispute over the calculation shall be resolved as provided in paragraph 10. 4.2 Ukiah shall bill Millview for requested service within fifteen days after said service ends, or within 30 days of beginning service, whichever comes first, and each 30 days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty days from the billing date. 5. Provision of water service to Ukiah from Millview. Water shall be provided under this Agreement upon written or verbal request from Ukiah's City Manager or his or her duly authorized delegate. The request shall include a representation that urgent or emergency conditions exist. Upon receipt of such request, Millview's General Manager or his or her duly authorized delegate shall open the valve in order to wheel water under Ukiah's Water Supply Agreement with the Flood Control District from the Millview's diversion works to Ukiah's water system through the intertie. Ukiah shall use the water in accordance with the terms of its Water Supply Agreement with the Flood Control District and warrants and represents to Millview that such use is compliance with those terms, including the prohibition against using the water outside the allowed place of use under the Flood Control District's Water Rights Permit or for a purpose that is not authorized by that permit. Ukiah shall account to the Flood Control District for the amount of water Millview wheels to Ukiah pursuant to this Agreement. The wheeling of water using Millview's system to transmit water through the emergency intertie to Ukiah's water system shall only occur under the following terms and conditions: a. If practicable, Ukiah shall give Millview at least 24 hours advance notice 3 August 14, 2009 to open the valve. In its request for service Ukiah shall indicate the time when it wants the temporary service to begin and the time it wants that service to end. Unless earlier notified of a different end date, Millview shall end service on the date indicated in the notice from Ukiah. In any event, Millview may, but need not, end service when the limits of service imposed by subparagraph b have been reached. b. Millview shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total calendar days in any calendar quarter (Jan. 1 to March 31, April 1 to June 30, July 1 to September 30, October 1 to December 31). c. Millview shall only be required to furnish water service to Ukiah for the following reasons: (1) An emergency and/or equipment failure affecting Ukiah's capacity to deliver water to its customers; (2) To combat a fire within or without the Ukiah service area; (3) To allow for necessary maintenance or repair of Ukiah equipment not practicably achievable without that water service; or (4) Contamination of Ukiah's water source. 6. Payment for service provided by Millview. 6.1 Ukiah shall pay Millview an amount per gallon for water delivered through the meter at the interconnection determined by dividing the costs of operating the Millview water system, determined in accordance with governmental generally accepted accounting principals (governmental GAAP) established by the Governmental Accounting Standards Board (GASB), for the previous fiscal year by the total number of gallons of water produced during that time period. Ukiah may request the information and accounting analysis performed to compute the per gallon price. Any dispute over the calculation shall be resolved as provided in paragraph 10. 6.2 Millview shall bill Ukiah for requested service within fifteen days after said service ends, or within 30 days of beginning service, whichever comes first, and each 30 days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty days from the billing date. 7. Maintenance of interconnection. The parties agree to share equally the cost of servicing and maintaining the interconnection between their respective water systems in good working order and repair. Whenever either party believes that maintenance or repairs are required, including the replacement of parts, it shall notify the other party. 4 August 14, 2009 Upon the giving of such notice, the parties through their respective managers or designees shall confer on the manner of providing the required maintenance or repairs. Except in an emergency, if the parties fail to agree within thirty (30) days after notice has been given, either party may provide the maintenance or repair and seek reimbursement from the other party. It shall be consider an emergency, if a repair is required in order to safely transmit and measure water through the interconnection in an urgent or emergency condition. In an emergency either party may make the repair immediately and seek reimbursement from the other party. Any dispute arising under this paragraph shall be resolved as provided in paragraph 10. 8. Waiver. Failure to enforce any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or a different provision of the Agreement. 9. Compliance with law. This Agreement shall not obligate either party to furnish water to the other, if the provision of such water would violate any provision of state or federal law or any term or condition of any permit, license or other approval held by either party in connection with its public water system or the party's Water Supply Agreement with the Flood Control District. 10. Limits on flow. Ukiah and Millview mutually agree to limit the wheeling of water under this Agreement to a rate of flow that will not adversely affect the distribution system or customer service levels of either system. If the City Manager of Ukiah or the General Manager of Millview determines that such an adverse impact will occur, the manager or authorized representative of the affected system may without prior notice discontinue or reduce flow to the other system. 11. Dispute Resolution. The Millview General Manager and the Ukiah City Manager shall meet and confer in a good faith effort to resolve any dispute arising under this Agreement. If they are unable to resolve the dispute to the mutual satisfaction of both parties within a period of fifteen (15) days after one party gives notice to the other party of the dispute, the Millview Board of Directors and the Ukiah City Council shall meet in a joint session in an effort to resolve the dispute. If the parties remain dissatisfied forty-five (45) days after the notice of the dispute was first given, either party may request binding arbitration of the dispute. The arbitrator shall be selected and the arbitration conducted and enforced in accordance with Part 3, Division 9 of the California Code of Civil Procedure, commencing with Section 1280. 12. Entire agreement. This Agreement contains the entire agreement between the parties concerning its subject matter and supersedes any prior statements, agreements or understandings between the parties concerning the same subject matter. Any such prior statements, agreements or understandings are hereby declared null and void and of no further force or effect. The parties may amend this Agreement or enter new or additional agreements to, among other things, transfer or sell water to each other, 5 August 14, 2009 provided any such amendments or agreements are contained in a writing approved by the legislative bodies and executed by duly authorized officials of both parties. 13. Notice. Whenever written notice is required or allowed under the terms of this Agreement it shall be deemed given when personally delivered or when received by certified mail, return receipt requested, and addressed as follows: City Manager City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 General Manager Millview Water District 3081 North State Street Ukiah, California 95482 14. Term. The term of this Agreement shall remain in effect, unless termination is requested by either party. Notice of termination must be given not less than 180 days prior to the termination date. 15. Third party beneficiaries. This Agreement is for the exclusive benefit of Ukiah and Millview and confers no rights or benefits on any persons or entities not a signatory to this Agreement. No third party beneficiaries are intended or established by this Agreement. 16. Duplicate originals. This Agreement may be executed in one or more duplicate originals and when so executed each duplicate original bearing the original signatures of the parties shall be admissible in any administrative or legal proceeding as evidence of the terms of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH By:~ , Mayor ATTEST: ity Clerk 6 August 14, 2009 MILLVIEW COUNTY WATER DISTRICT Y } Chairman of the Board ATTEST: Secretary August 14, 2009