HomeMy WebLinkAboutMillview County Water District 2002-07-01 EMERGENCY INTERCONNECTION AGREEMENT
This Agreement is made and entered In Ukiah, California, on c 2002,
by and between the City of Ukiah ("Ukiah"), a general law municipal arpor6tion 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, and does not include inadequate water rights to meet peak demand.
3. It would improve the reliability of water service Millview 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;provided,however, that nonenf
the quantity of water provided by Ukiah to Millview under the agreement is to be delivered by Millview
to the Calpella County Water District
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 Millview water systems interconnections are in operation using lockable valves that
can only be operated by Millview and Ukiah and a water meter of sufficient capacity for
the connection size.
2. Ukiah's Provision of water service to Mlllview. Upon written or verbal
request from Millview'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 Millview's water system 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
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Indicated in the notice from Miliview. 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 Miliview
for the following reasons:
(1) An emergency and/or equipment failure affecting
Miliview's capacity to deliver water to its customers;
(2) To combat afire within or without the Millview service
area;
(3) To allow for necessary maintenance or repair of Miliview
equipment not practicably achievable without that water service; or
(4) Contamination of Miliview's water source.
3. Payment for service provided by Ukiah. Miliview shall pay Ukiah $1.0O per
1000 gallons for water furnished under this Agreement. Ukiah shall bill Miliview 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 cost
of supplying water under the terms of this Agreement. In the event of future mutually
agreed upon changes in the rate, Miliview 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 Miliview
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 Miliview. Upon written or verbal
request from Ukiah's City Manager or his duly authorized delegate, including a
representation that urgent or emergency conditions exist, Miliview's General Manager or
his duly authorized delegate shall open the valve allowing water to flow from Miliview
water system to Ukiah's water system under the following terms and conditions:
a. If practicable, Ukiah shall give Miliview at least 24 hours advance notice to
open the valve. In its request for service Ukiah shall indicate the time when it wants the
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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.
5. Payment for service provided by MIIIvieW. Ukiah shall pay Millview $1.00 per
1000 gallons for water furnished under this Agreement. Millview shall bill Ukiah for each
requested service within fifteen days after said service ends, or withh 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
Millview 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 Millview harmless from
and against any claim by any Ukiah customer against Millview 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 dfferent 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
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held by either party in connection with its public water system. As of the date this
Agreement was executed Ukiah and Millview had each been informed by the State Water
Resources Control Board that relevant places of usewould have to have been approved
by the Board before interconnected water service could be provided under this
Agreement.
8. Limits on flow. Ukiah and Millview 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 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.
10. 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, 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
Millview Water District
3081 North State Street
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 beneficlaries. 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.
15. Duplicate originals. This Agreement may be executed in one or more
duplicate originals and when so executed each duplicate original bearing the original
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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:
City Clerk
MILLVIEW COUNTY WATER DISTRICT
B (_
C airman o Board
ATTEST:
Tf�t lv /J?c
Secrets
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