HomeMy WebLinkAbout1997-288
1
RESOLUTION NO.
97-288
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE BOARD OF WATER COMMISSIONERS TO ENTER INTO
3 A CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT WITH THE CITY OF
LOMA LINDA
4
5 WHEREAS, the Mayor and Common Council acknowledge that it is in
6 the best interest of public health and safety to assist the City of
7 Loma Linda by authorizing an EmergencY/Contingency Water Supply Sales
8 Agreement to help Loma Linda offset water production capacity lost due
9 to groundwater contamination; and
10 WHEREAS, the Mayor and Common Council of the city of San
11 Bernardino may exercise their discretion and authorize the Board of
12 Water Commissioners to sell water outside of the incorporated
13 boundaries of the city of San Bernardino.
14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
15 BERNARDINO AS FOLLOWS:
16
SECTION ONE:
The Mayor and Common Council of the city of San
17 Bernardino adopt a resolution authorizing the Board of Water
18 Commissioners to enter into a ContingencY/Emergency Water Supply Sales
19 Agreement with the City of Loma Linda as set forth in Exhibit "1".
20
21 adopted
22 11111
23 11111
24 11111
25 IIIII
26 IIIII
27 IIIII
28 IIIII
I HEREBY CERTIFY that the foregoing resolution was duly
by the Mayor and Common Council of the City of San Bernardino
97-288
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE BOARD OF WATER COMMISSIONERS TO ENTER INTO
2 A CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT WITH THE CITY OF
LOMA LINDA
3
4 at a regular meeting thereof,
held on the 15th day of
5 September 1997, by the following vote, to-wit:
6 COUNCILMEMBERS: Ana NAYS. ABSTAIN ABSENT
7 NEGRETE x
-
x
8 CURLIN
9 ARIAS x
10 OBERHELMAN x
11 DEVLIN x
x
12 ANDERSON
x
13 MILLER
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The foregoing resolution
K:cu /d ~d{}AJu
Rachel Clark, city Clerk
.bu YkruiWJrudthtV)lP.lJ<<iD..
i~herebY approved this /;r~~y of
16
17
19
September 1997.
20
~..~
/~
Tdm Ml.nor, Mayor -
city of San Bernardino
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APPROVED AS TO FORM
AND LEGAL CONTENT:
24
25 JAMES F. PENMAN
City Attorney
26
27 BY:
28
2
97-288
1 RESOLUTION NO. 528
2 A RESOLUTION OF THE BOARD OF WATER COMMISSIONEHS OF THE SAN
BERNARDINO MUNICIPAL WATER DEPARTMENT REQUESTING THE MAYOR AND COMMON
3 COUNCIL OF THE CITY OF SAN BEHNARDINO TO ADOPT A RESOLUTION TO
AUTHORIZE THE EXECUTION OF A CONTINGENCY/EMERGENCY WATER SUPPLY SALES
4 AGREEMENT BETWEEN THE SAN BERNARDINO MUNICIPAL WATEH DEPARTMENT AND
THE CITY OF LOMA LINDA
5
6
WHEREAS,
the
San
Bernardino
Municipal
Water
Department
7 (Department) recognizes that it is in the best interest of 'the City
8 of San Bernardino, the Department, and the city of Loma Linda (Lorna
9 Linda) to enter into a Contingency/Emergency Water supply Sales
10 Agreement (Agreement) for the purpose of providing domestic water to
11 Loma Linda to enable them to offset loss of water supply due to
12 groundwater contamination; and
13 WHEREAS, the Department recognizes that all water sales by the
14 Department to customers not located within the incorporated boundaries
15 of the city of San Bernardino require approval of the Mayor and Common
16 Council of the City of San Bernardino; and
17
WHEREAS, the Department has, throughout the years, maintained
18 emergency water interties with Loma Linda and other surrounding public
19 and private agencies; and
20 WHEREAS, Lorna Linda shall, through this Agreement, purchase water
21 at a cost, flow rate, location(s), and duration of time approved by
22 the Department; and
23 WHEREAS, Loma Linda is actively pursuing permanent replacement
24 sources of water supply and/or methods of restoring their water
25 supply.
26
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WATER COMMIS-
27 SIONEHS, CITY OF SAN BERNARDINO, AS FOLLOWS:
28
SECTION ONE:
That the Mayor and Common Council of the city of
97-288
1 San Bernardino adopt a resolution authorizing the Board of Water
2 commissioners of the San Bernardino Municipal Water Department to
3 enter into said Agreement as set forth in Exhibit "1" attached.
4 SECTION TWO: That the president and secretary of the Board of
5 Water commissioners of the city of San Bernardino Municipal Water
6 Department be authorized to execute said Agreement.
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted
8 by the Board of Water commissioners of the city of San Bernardino at
9 a regular meeting thereof held on the 2nd day of September , 1997,
10 by the following vote to-wit:
11
AYES:
commissioners: Willis, Urata, Redeker & Cocke
12
NAYES:
None
13
ABSENT:
Commissioner Garrett
14
15
16 ~~~U0 ;Lk;~ttY7L
Marjo ie A. Hoverland, Deputy City
17 Deputy city Clerk & Ex-Officio Secretary
18 (SEAL)
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2
,
97-288
1
CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT
BETWEEN THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
AND
CITY OF LOMA LINDA
2
3
4 This CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT,
5 hereinafter referred to as "Agreement", by and between the SAN
6 BERNARDINO MUNICIPAL WATER DEPARTMENT, hereinafter referred to as
7 "Department", and the city of Loma Linda, hereinafter referl:-ed to as
8 "Loma Linda", is dated the 9th
day of December
, 1997.
9
RECITALS
10
1.
Loma Linda has experienced groundwater contamination
11 problems which has caused the loss of use of one or more existing
12 domestic water welles).
13
2.
Loma Linda is willing to purchase water from the Department.
14
3 .
Loma Linda is actively pursuing replacement sources of water
15 supply and/or methods of restoring their water supply.
16
4.
The Department has sufficient well capacity to deliver and
17 sell water to Loma Linda on a temporary basis for a period of time not
18 to exceed four (4) years, commencing on December 9
, 1997.
19
5.
Lema Linda, in accordance with the terms of this Agreement
20 acknowledges that, by the terms of this Agreement, it has no claim,
21 vested right, property right, or water right as a result of the
22 delivery (sale) of water from the Department.
23 NOW, THEREFORE, the parties agree that the Department will sell
24 and deliver water and Loma Linda will purchase and accept said water
25 on the following terms and conditions:
26
1.
DELIVERY OF WATER AND RATE OF FLOW: Loma Linda can receive
27 Agreement water from the Department at two (2) metered locations (one
28 (1)
12" service located at Richardson Avenue and cooley Avenue and
1
EXHIBIT "1"
97-288
lone (1) 8" service located at Redlands Boulevard and Anderson Avenue)
2 at a combined flow rate of 1,400 gallons per minute (gpm) during time
3 of use (TOU) reduced energy rate hours (11:30 a.m. - 6:00 p.m.) and
4 2,400 gpm during non-TOU energy rate hours.
5
2.
CONNECTION COSTS:
All water meter(s) and pipeline
6 connections shall be complete with approved metering and backflow
7 prevention devices.
All connection costs shall be borne by Loma
8 Linda.
9 3. TERM OF AGREEMENT: This Agreement shall continue in force
10 for a period of four (4) years beginning on ~,f,., 'I, 1997 and
11 shall terminate on ~~~ 2001, subject to the provisions herein
12 for cancellation or modification.
13
4.
MONTHLY BILLING: The billing period shall be monthly. The
14 water meter(s) at the point(s) of delivery shall be read by the
15 Department on the first working day of each month. All water meter(s)
16 shall be accessible to either party at all times. The unit volume of
17 water for billing purposes will be hundreds of cubic feet (H.C.F.).
18
5.
MONTHLY CHARGE: Loma Linda shall pay for Agreement water
19 service on a monthly basis at the Department's domestic water rate in
20 effect at the time and date of billing based upon size of service and
21 water delivered.
22
6.
CONTRACTUAL INTEREST: Loma Linda shall not acquire or claim
23 any right, title or interest in water supplied under this
24 Contingency/Emergency Water Supply Sales Agreement, other than the
25 right to purchase, as provided in this Agreement, and recognizes that
26 such interest is terminable as provided herein.
27
7.
INDEMNIFICATION:
The Department, its officers, agents or
28 employees shall not be liable for the control, carriage, handling,
2
97-288
1 use, disposal or distribution of Agreement water delivered pursuant
2 to this Agreement after such water has passed the water meter (s)
3 installed by the Department for measuring and delivery by the
4 Department to Loma Linda; nor for claim of damage of any nature
5 whatsoever, including but not limited to property damage, personal
6 injury or death arising out of or connected with such control,
7 carriage, handling, use, disposal or distribution of Agreement water
8 pursuant to this Agreement after such water has passed such point; and
9 Loma Linda shall indemnify and hold harmless the Department, its
10 directors, officers, agents and employees for any such damages or
11 claims of damages.
12 8. CONDITIONS OF SERVICE:
13 (a) Reporting: Loma Linda shall make a diligent effort to
14 obtain and/or develop an adequate replacement source of domestic water
15 that meets the state of California, Department of Health services
16 Drinking Water standards, and shall submit a written progress report
17 to the Department on a semi-annual basis describing what they have
18 accomplished in obtaining said water supply.
19 (b) No Guarantee of Supplv or Water Pressure: The
20 Department shall not guarantee against interruption or disruption of
21 water supply, nor shall the Department quarantee a specific water
22 pressure.
23 9. MODIFICATION OR AMENDMENT: This Agreement may only be
24 modified or amended by mutual written agreement.
25 10. CANCELLATION: This Agreement may be cancelled at any
26 time by written notice of cancellation given by either party to the
27 other at least thirty (30) days in advance of the effective date and
28 specifying the effective date, except for nonpayment. cancellation
3
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97-288
1 of this Agreement and termination of service for nonpayment shall be
2 in accordance with requirements of state law. Notice of cancellation
3 once given may not be withdrawn without the consent of the other
4 party.
5 11. WATER OUALITY: Water delivered by the Department at the
6 water meter(s) installed for measuring such delivery to Loma Linda
7 shall be of a quality complying with all applicable state Department
8 of Health standards for domestic use.
9
11
NDA
SAN BERNARDINO MUNICIPAL WATER
10 DEPARTMENT
BY:
Fly
,
~
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By:f!jqj<<0 fM~
arJ l.e A. Hoverland
secretary
BY:
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