Loading...
HomeMy WebLinkAboutWillow County Water District 2002-06-27 EMERGENCY INTERCONNECTION AGREEMENT This Agreement is made and entered in Ukiah, California, on 4� 2002, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation afnd Willow County Water District("Willow"), a county water district formed under the provisions of Water Code sections 30000 et seq. RECITALS: 1. Willow 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 Willow 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, and does not Include inadequate water rights to meet peak demand. 3. It would Improve the reliability of water service willow and Ukiah provide to their customers, if the water mains of both systems were physically connected but separated by valves that could be opened during urgent or emergency conditions. 4. The purpose of this agreement is to establish the terms and conditions under which the systems can be physically connected and the water made available 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. on and after the effective date of this Agreement the Ukiah and Willow water systems interconnections are in operation using lockable valves that can only be operated by Willow and Ukiah and a water meter of suftclent capacity for the connection size. 2. Ukiah's Provision of water service to Willow. Upon written or verbal request from Willow's General Manager or his duly authorized delegate, including a representation that urgent or emergency conditions exist, Ukiah's City Manager or his duly authorized delegate shall open the valve allowing water to flow from Ukiah's water system to Willow's water system under the following terms and conditions: a. If practicable, Willow shall give Ukiah at least 24 hours advance notice to open the valve. in its request for service willow 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 Willow. In any event, Ukiah may, but need not, end service when the limits of service imposed by subparagraph b have been reached. 1 sAulag rmts021w1Ilow June 26,2002 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 Willow for the following reasons: (1) An emergency and/or equipment failure affecting Willow's capacity to deliver water to Its customers; (2) To combat a fire within or without the willow service area; (3) To allow for necessary maintenance or repair of Willow equipment not practicably achievable without that water service; or (4) Contamination of Willow's water source. 3. Payment for service provided by Ukiah. Willow shall pay Ukiah $1.00 per 1000 gallons for water furnished under this Agreement. Ukiah shall bill Willow 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. The parties shall confer in good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes In the cost of operations and other factors affecting the cast of supplying water under the terms of this Agreement. in the event of future mutually agreed upon changes in the rate, Willow understands that Ukiah may charge a higher rate for water service outside city limits than it charges for water service within city limits. If it agrees to such higher charges, it shall also release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Ukiah harmless from and against any claim by any Willow customer against Ukiah or its officers, agents or employees arising out of such rate differences, if any. 4. Provision of water service to Ukiah from Willow. Upon written or verbal request from Ukiah's City Manager or his duly authorized delegate, including a representation that urgent or emergency conditions exist, Willow's General Manager or his duly authorized delegate shall open the valve allowing water to flow from Willow water system to Ukiah's water system under the following terms and conditions: a. if practicable, Ukiah shall give Willow at least 24 hours advance notice 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, Willow shall end service on the date indicated in the notice from Ukiah. In any event, Willow may, but need not, end service when the limits of service Imposed by subparagraph b have been reached. 2 sAulagrmts021w111ow June 26,2002 b. Willow 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. Willow shall only be required to furnish water service to Ukiah for the following reasons: (1) An emergency and/or equipment failure affecting Ukiah's rapacity 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. 5. Payment for service provided by Willow. Ukiah shall pay Willow S1.00 per 1000 gallons for water furnished under this Agreement. Willow shall bill Ukiah for each requested service within fifteen days after said service ends, or within 30 days of beginning service whichever occurs first, and each 30 days thereafter until all charges are paid in full. Payment of each bill shall be due no later than thirty days from the billing date. The parties shall confer In good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes in the cost of operations and other factors affecting the cost of supplying water under the terms of this Agreement. In the event of future mutually agreed upon changes in the rate for water service under this Agreement, Ukiah understands that Willow may charge a higher rate for water service outside Its district boundaries than it charges for water service within those boundaries. If it agrees to such higher charges, it shall release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Willow harmless from and against any claim by any Ukiah customer against Willow or its officers, agents or employees arising out of such rate differences, If any. 6. 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. 7. 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. As of the date this Agreement was executed Ukiah and Willow had each been informed by the State water Resources Control Board that relevant places of use would have to have been approved by the Board before interconnected water service could be provided under this Agreement. 3 sAulagrmts02lw1IIow June 26,2002 8. Limits on flow. Ukiah and willow mutually agree to limit the transfer 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 willow 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. 10. Entire agreement. This Agreement contains the entire agreement between the parties concerning its subject matter and supersedes any prior statements, ageements 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, 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. 11. 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 300 Seminary Avenue Ukiah, California 95482 General Manager Willow Water District 151 Laws Avenue Ukiah, California 95482 13. Term. The term of this Agreement shall be five (5) years from its effective date. The term may be extended on such terms as the parties shall agree. No such extension shall be binding unless contained in a writing signed by both parties. 14. Third party beneficiaries. This Agreement is for the exclusive benefit of Ukiah and Willow 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. 15. 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. 4 saulagrmks021w111ow June 26,2002 WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH By: .� c kk�� Mayor ATTEST: City Clerk WILLOW COUNTY WATER DISTRI T By: Ch rman of the Board ATTEST: 6"111ij(�?' cretary f i + saulagrmts021w1Ilow June 26,2002