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HomeMy WebLinkAboutUkiah Valley Water Authority (UVWA) - Amended and Restated JPA - Millview - 2324-162-A2 - signedWater Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 1 WATER INTERCONNECTION, WHEELING, AND MUTUAL AID AGREEMENT This WATER INTERCONNECTION, WHEELING, AND MUTUAL AID AGREEMENT (this “Agreement”) is made and entered in Ukiah, California, and is effective as of November 1, 2024, (the “Effective Date”) by and between the City of Ukiah ("Ukiah"), a general law municipal corporation, and Millview County Water District ("Millview"), a county water district formed and operated in accordance with the provisions of California Water Code sections 30000 et seq. (collectively, the “Parties”). RECITALS Ukiah and Millview Witnesseth That: 1. Millview and Ukiah operate water systems that serve contiguous territory, and each is within the environs of the other. Water mains belonging to the two agencies lie in close proximity to each other. 2. Urgent or Emergency Conditions may from time to time interrupt the water service that Millview and Ukiah provide their respective customers. The reliability of water service Millview and Ukiah provide to their respective customers is improved when the water mains of both systems are physically connected by valves that can be opened during urgent or emergency conditions. 3. "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 includes a state of drought or water shortage, whatever the reason(s), whether man-made, natural, or an act of God, as determined by Millview’s Board of Directors or Ukiah’s City Council or their designated representatives. 4. To improve the reliability of the water systems serving Millview and Ukiah, the Parties first entered an emergency interconnection agreement in 1993 (the “1993 Agreement”), renewed and extended the agreement in 2002, renewed it again in 2010, and physically interconnected their respective water systems in accordance with the terms of those agreements. 5. When the Parties first entered the 1993 Agreement, the effects of climate change, including water shortage and drought, were not understood or recognized; such effects have since become one of the most prevalent urgent or emergency conditions that require water transfers to ensure continued service to residents, businesses, and customers. 6. The service of providing water under urgent or emergency conditions has been available, each to the other Party, since before January 1, 2001, and therefore the Parties are exempted from Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 2 approval of this Agreement by the Mendocino Local Agency Formation Commission in accordance with Government Code section 56133(e)(4). 7. Ukiah holds a pre-1914 water right and rights to divert groundwater under California law that are not subject to the place of use restrictions imposed upon junior water rights in the California Water Code. Ukiah’s water right under Permit 12952 describes the place of use as “the City of Ukiah and environs.” Ukiah also has substantial access to groundwater resources and exercises its right to divert groundwater within and under its boundaries. 8. In addition to other water rights, and as of the Effective Date, Millview has a Water Supply Agreement with the Mendocino County Russian River Flood Control and Water Conservation Improvement District (the "Flood Control District") under which it has contracted to use water subject to the Flood Control District's Water Right License 13898. This License authorizes the Flood Control District and its contractors to divert and re-divert up to 7,940 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 Right License. 9. The Joint Exercise of Powers Act (Gov. Code sections 6500, et seq.) provides in part that two or more public agencies may by agreement jointly exercise any powers common to the parties to the agreement. The Joint Exercise of Powers Act provides independent statutory authority exempting the Parties’ otherwise extraterritorial supply of water from Mendo LAFCo approval. Under Government Code section 6502, it shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. 10. Millview and Ukiah are both parties to the Amended and Restated Joint Exercise of Powers Agreement creating the Ukiah Valley Water Authority (the “Water Authority JPA”). The Water Authority JPA is formed and operated in accordance with the Joint Exercise of Powers Act and provides in part that the parties enter the Water Authority JPA to permit the joint exercise of powers common to the parties and specifically includes those for water service. Millview and Ukiah each have the power to provide water and related services. 11. The California Emergency Services Act (Gov. Code sections 8550, et seq.) and the Standardized Emergency Services System established pursuant to California Government Code section 8607 and Title 19 of the California Code of Regulations (“CCR”), section 2400, et seq., provide that local jurisdictions within an individual county may enter mutual aid agreements to prepare for emergencies. Title 19, CCR section 2402(f), defines an “emergency” to include drought. Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 3 12. Each Party has an interest in achieving mutual aid assistance from the other in response to an emergency, including a drought, and each Party has the personnel, equipment, and knowledge required to provide such assistance. 13. Previous interconnection agreements, including the 1993 Agreement, between Ukiah and Millview were intended to provide for the kind of mutual aid called for by the California Emergency Services Act and implementing regulations, including mutual aid agreements, and the Parties intend this Agreement to serve as such a Mutual Aid Agreement in the case of an emergency, including an emergency caused by a drought. 14. In light of the Parties entering the Water Authority JPA and the change in their relationship that agreement reflects, the purposes of this Agreement are to acknowledge their mutual support for the other; to reconfirm the terms and conditions under which the systems can remain physically connected; to ensure that connection can continue to be properly maintained; and to continue to provide water to the neighboring system. AGREEMENT Wherefore, in consideration of the above Recitals, and on the terms and conditions as stated herein, the Parties hereby agree as follows. 1. Incorporation of Recitals. The Parties agree the above Recitals are true and correct and are hereby incorporated in this Agreement. 2. Interconnection. The Parties confirm that the two systems have been interconnected in accordance with the 1993, 2002, and 2010 interconnection agreements. 3. Ukiah's Provision of Water Service to Millview. Ukiah shall provide water to Millview under this Agreement upon written or verbal request from Millview's General Manager or their duly authorized delegate. The request shall include a representation that urgent or emergency conditions exist within Millview. 3.1 To the extent Ukiah is wheeling water from the Flood Control District, Millview shall use such 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 Right License or for a purpose that is not authorized by that License. Millview shall account to the Flood Control District for the amount of water the City wheels to Millview pursuant to this Agreement. 3.2 Ukiah’s provision of water to Millview, including any wheeling of Flood Control District Water, shall, unless otherwise agreed to, only occur under the following terms and conditions: Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 4 a. If practicable, Millview shall give Ukiah at least 24 (twenty-four) hours advance notice to provide water service. In its request for service Millview shall indicate the time when it wants the service to begin and the time when it wants or expects 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 may, but shall not be required under this Agreement to, furnish water service for longer than fourteen (14) continuous calendar days or for more than twenty (20) 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: i. Urgent or emergency conditions exist within Millview; ii. A state of emergency exists as defined in Title 19, CCR section 2402(f); iii. An emergency and/or equipment failure occurs affecting Millview's capacity to deliver water to its customers; iv. To combat a fire within or without the Millview service area; v. To allow for necessary maintenance or repair of Millview equipment not practicably achievable without such water service; or vi. Contamination of Millview's water source. 4. Millview’s 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 12. 4.2 Ukiah shall bill Millview for requested service within fifteen (15) days after said service ends, or within thirty (30) days of beginning service, whichever comes first, and each Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 5 thirty (30) days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty (30) days from the billing date. 5. Provision of Water Service to Ukiah from Millview. Millview shall provide water to Ukiah 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 within Ukiah. Millview’s provision of water to Ukiah 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 twenty-four (24) hours advance notice to open the valve. In its request for service Ukiah shall indicate the time when it wants the service to begin and the time it wants or expects 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 may, but shall not be required to, furnish water service for longer than fourteen (14) continuous calendar days or for more than twenty (20) 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: i. Urgent or emergency conditions exist within Ukiah; ii. A state of emergency exists as defined in Title 19, CCR section 2402(f); iii. An emergency and/or equipment failure affecting Ukiah's capacity to deliver water to its customers; iv. To combat a fire within or without the Ukiah service area; v. To allow for necessary maintenance or repair of Ukiah equipment not practicably achievable without that water service; or vi. Contamination of Ukiah's water source. 6. Ukiah’s Payment for Service Provided by Millview. 5.1 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 Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 6 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 12. 5.2 Millview shall bill Ukiah for requested service within fifteen (15) days after said service ends, or within thirty (30) days of beginning service, whichever comes first, and each thirty (30) days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty (30) days from the billing date. 7. Mutual Aid. Each Party agrees to provide aid to the other by providing water service in the case of an emergency as currently defined in Title 19 CCR section 2402(f) to include a drought. Nothing in this Agreement shall preclude either Party from providing such mutual aid for however long the emergency shall continue; provided, however, that the requesting Party makes clear it is requesting such aid pursuant to this Paragraph 7. 8. 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. 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 considered an emergency, if a repair is required in order to safely transmit and measure water through the interconnection during 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 8 shall be resolved as provided for in Paragraph 12. 9. 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. 10. 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, contract, or other approval held by either Party in connection with its public water system. 11. Limits on Flow. Ukiah and Millview mutually agree to limit the provision 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 Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 7 representative of the affected system may without prior notice discontinue or reduce flow to the other system. 12. 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 non-binding arbitration of the dispute. The arbitrator shall be selected and the arbitration conducted in accordance with Part 3, Division 9 of the California Code of Civil Procedure, commencing with Section 1280. Either Party may file an action in Mendocino County Superior Court to specifically enforce any provision of this Agreement. The Parties stipulate and agree that, should either Party file such an action, remedies shall be limited solely to those for specific performance of this Agreement and that damages shall not be available. The Parties stipulate and agree that if either Party seeks a change in venue pursuant to California Code of Civil Procedure section 394, they waive any right to a jury trial they may have and that an out-of-county-judge anointed by the Judicial Council shall preside over the action in Mendocino County Superior Court. 13. 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. 14. 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 or by email, and addressed as follows: City Manager City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 Email: ssangiacomo@cityofukiah.com. General Manager Millview County Water District 151 Laws Avenue Ukiah, California 95482 Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 8 Email: _____________________________ 15. 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. 16. No 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. 17. 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. 18. Warranty. Each signatory below warrants they have the authority to bind their respective Party to the terms of this Agreement. WHEREFORE, the parties have entered this Agreement as of the Effective Date. CITY OF UKIAH By: _______________________ Sage Sangiacomo City Manager ATTEST: __________________________ Kristine Lawler City Clerk MILLVIEW COUNTY WATER DISTRICT By: _______________________ Name: _______________________ Title: _______________________ ATTEST: Kristine Lawler (Nov 20, 2024 13:55 PST) Kristine Lawler Water Interconnection, Wheeling, and Mutual Aid Agreement November 1, 2024 Between the City of Ukiah and Millview County Water District 9 __________________________ Name: ____________________ Secretary