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Home My WebLink AboutWillow County Water District 1991-12-19 INTERCONNECTION AGREEMENT This Agreement is made and entered in Ukiah, California, on December 19 1991, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation and 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. Temporary or emergency conditions can from time to time interrupt the water serv- ice Willow and Ukiah provide their customers. 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 valu- ing that could be opened during temporary 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 sys- tem. 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 can be physically connected using lockable valves that can only be operated by Willow and Ukiah, a water meter of sufficient capacity for the connection size, and in accordance with the further plans and specifications set forth in the attached Exhibit A, which is incorporated herein by reference as though set forth in full. Willow and Ukiah shall share equally the cost of physically connecting the two systems and shall fully cooperate with each other by taking all necessary and reasonable steps to facilitate the interconnection. The parties shall use their best efforts to complete the connection within sixty (60) days from the ef- fective date of this Agreement. 2. Ukiah's Provision of water service to Willow. Upon written or verbal request from Willow's General Manager or his duly authorized delegate, 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. Willow shall give Ukiah at least 24 hours advance notice to open the valve, unless due to an unforeseen emergency a 24 hour delay could result in the loss of reliable water service to Willow customers or property dama&e. In such event Willow shall notify Ukiah of the nature of the emergency and of the time within which it requests interconnected service to continence. In its request for service Willow shall indicate the termination date for the serv- ice requested. Unless earlier notified of a different termination date, Ukiah shall terminate service on the date indicated in the notice from Willow. In any event, Ukiah may, but need not, terminate service when the limits of service imposed by subparagraph b have been reached. 1 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 31 arter (Jan. 1 to March 31, April 1 to June 30,July 1 to September 30, October 1 to December 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 maintenance or repair of Willow equipment; or (4) Contamination of Willow's water source. 3. Payment for service provided by Ukiah . Willow shall pay Ukiah $.35 per 1000 gal- lons for water furnished under this Agreement. Ukiah shall bill Willow for requested service within fifteen days after said service terminates, or within 30 days of commencing 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 cost of supplying water under the terms of this Agree- ment. 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 cus- tomer 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, Willow's General Manager or his dulyy 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. Ukiah shall give Willow at least 24 hours advance notice to open the valve, un- less due to an unforeseen emergency a 24 hour delay could result in the loss of reliable water service to Ukiah customers. In such event Ukiah shall notify Willow of the nature of the emer- gency and of the time within which it requests interconnected service to commence. In its request for service Ukiah shall indicate the termination date for the service requested. Unless earlier notified of a different termination date, Willow shall terminate service on the date indi- cated in the notice from Ukiah. In any event, Willow may, but need not, terminate service when the limits of service imposed by subparagraph b have been reached. 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 follow- 2 ing 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 maintenance or repair of Ukiah equipment; or (4) Contamination of Ukiah's water source. S. Payment for service provided by Willow. Ukiah shall pay Willow $.35 per 1000 gal- lons for water furnished under this Agreement. Willow shall bill Ukiah for each requested serv- ice within fifteen days after said service terminates, or within 30 days of commencing 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 under- stands 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 o suchate 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 Agree- ment. 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 connec- tion with its public water system. 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 cus- tomer 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 represen- tative 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, agreements or under- standings 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 ef- fect. 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. 3 { 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 ManaSer City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 General Manager Willow Water District 150 Blue Bonnet Dr. 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 on final 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 B ayor Colleen B. Henderson A Ik[ Cal;h)fh 7Kay 4 WILLOW WATER DISTRICT By: (�J Q ' , / � � ��•- Chairman of the Board William L. Larramendy ATTEST: Acting Secretarys Davida son (S:\FROMUSA\U\AGRMTS\INTERCON.2) � </?06 1 fir;y froceo�'l Y0iC'A YO A V . NOTE: ALI. VALVES ON _ ."aVI'ASr TO .6E IN OFF >005/T/pN CENTSRL/NE ' UNLESS BYPASS /S BE//YG L/SEa .5)' C'TY OF Cl/YIAH OR W/LLQh/ L✓47E.4 D/STRICr ,i crrY WILLOW WATER P.F'O.'a C/YY OF UK/AN SDU�7C� OPEN VALY4 *'Z AND #¢ ON — RYPASS. PROPERTY LINE /!ETER t'SPOOL Boy NECK WILLOlti/ WATER GITY OF (1K/AH r7 .eh—PLY CITY OF UK/AN T VALV j WATER /LATER ONNBCTION PLAN FROM h/ILLOAV WATER 7!/RCE OPEN VALVE -Ef/ 4 AND 3 ON BYPASS. 3 z E:X/ST/NG G" A.G. WILLOW iVATER 1-14/1V 70 TEOFORO AVB. Exhl-6l i "A" I WILLOW WATER E,Y/ST/NG MAIN 4"A.C. .PROPERTY LINE CITY OF UK/AH EXISTING WATER MAIN (o" A.C. I EXISTING EDGI OF PAVEMENT Pr�OPE/?TY L/NE-- CENTERLINE�� r