HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) - WEST ORANGE COUNTY WATER BOARD - 1995-12-18N9
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Council/Agency Meeting Held:
Deferred/Continued to:
IxApproved ❑ Conditionally Approved 0 Denied City Clerk's Signature
Council Meeting Date: December 18, 1995 Department ID Number:
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOF�%`-'�- `
PREPARED BY: �hES M. JONES 11, DIRECTOR OF PUBLIC WORKS
SUBJECT: .JOINT AGREEMENT FOR DIRECT BILLING BY MWDOC TO CH
AGENCY OF THE WEST ORANGE COUNTY WATER BOARD
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Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)
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Statement of Issue:
To allow the West Orange County Water Board to improve its operation, the City Council
needs to approve a Joint Agreement between the West Orange County Water Board
(WOCWB), Municipal Water District of Orange County (MWDOC), and cities of Garden
Grove, Seal Beach, Westminster and Huntington Beach. This Joint Agreement provides
for MWDOC to direct bill for water taken by each agency via imported water connections
OC-9 and OC-35.
FunqLnA Source:
IJo direct City funding is required for this Agreement.
Recommended Action:
Approve the attached Agreement, which has been approved as to form by the City
Attorney's office, and forward to the general manager of the WOCWB for additional
signatures. This Agreement has already been accepted by the voting members of the
West Orange County Water Board, two of whom, Ralph Bauer and Peter Green, are
Huntington Beach City Council Members.
Alternative Actions :
Deny City participation in this Agreement and advise City Staff on how to proceed.
�J REQUEST FOR ACTION �.)
MEETING DATE: December 18,1995 DEPARTMENT ID NUMBER:
Analysis:
In the past, the Municipal Water District of Orange County has invoiced the West Orange
County Water Board for all water delivered via imported water connections OC-9 and OC-
35. in turn, the WOCWB then paid the entire invoice amount and billed its member cities
individually for their share of water used. This required the WOCWB to carry a minimum
of $500,000 in reserves as a float" while monies were invoiced and subsequently
collected in arrears for past water deliveries to the member agencies.
Funding in the amount of $150,000.00 was approved in the City's FY 94195 Budget to fully
fund its share of the WOCWB FY 94195 Annual Budget. As a result of this anticipated
change in billing procedures, the WOCWB FY 94195 Budget was fully funded using the
float" reserves that were previously used for water purchase payments. This resulted in
member cities foregoing actual funding of the 1994/95 Annual Budget. The avoided, one-
time cost was a savings to the City of Huntington Beach of $150,000.00, the amount of its
equivalent share of the annual WOCWB Budget. Approval of this Agreement will allow
this process to continue.
Environmental Status:
Not applicable.
Attachment(s):
1. Agreement between the Vilest Orange County Water Board, Municipal Water
District of Orange County, and the Cities of Garden Grove, Seal Beach,
Westminster and Huntington Beach
LMJ:JRR:lb
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City, Clerk's I
Page Number
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RCAWOMB.DOC
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12/07/95 2:24 PM
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West Orange County
Water Board
January 5, 1996
City Clerk
City of Huntington Beach
Robert F. Seeman, btanager-Engineer
liisa Kessing, Secretary
Barrett Consulting Group
2121 Alton Parkway, Suite 100
In ne, CA 92714
(714) 259-1540
FAX (714) 724-1557
Alexander Boxze, Legal Counsel
4920 Campus Drive, Suite A
Newport Beach, CA 92660
(714) 851-1300
P. 0. Box 190
Huntington Beach, CA 92648
Subject: West Orange County Water Board
Service Connection Agreement for OC-9 and OC-35
At it's December 19, 1995 Board meeting, the Directors of the West Orange County
Water Board approved the execution and adopted the above referenced service connection
billing agreement between the Water Board and the Municipal Water District of Orange
County. Attached to this letter is a fully executed copy of the service connection
agreement for your City's files.
If there are any questions on this request, please do not hesitate to give me a call at your
convenience.
Very t my
iy: yours,
Robert F. Seeman, P. E.
Manager -Engineer
Attachments(1)
c: Liisa Kessing, WOCWB Secretary
Howard Johnson, Huntington Beach Water Operations
21213 IM0
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N17EST ORANGE COUNTY NVATER BOARD
SERVICE CONNECTION BILLD;G AGREEMEN7
OC-9 AND OC-35
THIS AGREEMENT is made this k93b day of _pece-rnfper , 1995, among
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ('MWDOC-), WEST
ORANGE COUNTY WATER BOARD ("WOCWB") , and the CITIES OF GARDEN
GROVE, SEAL BEACH, WESTMINSTER AND HUNTINGTON BEACH (individually,
"City" and collectively, "Cities").
RECITALS
WHEREAS, WOCWB currently takes delivery of water through two service
connections to the Vest Orange County Feeder of Metropolitan Water District of Southern
California ("Metropolitan") designated as OC-9 and OC-35 (the "Connections"), under
service connection agreements with MWDOC; and
WHEREAS, MWDOC currently invoices WOCWB for the water delivered through
OC-9 and OC-35, which WOCWB in turn delivers to its member agencies, namely, the
Cities; and
WHEREAS, WOCWB and the Cities have requested that MWDOC invoice each City
directly for water delivered through the Connections, in accordance with the meter readings
taken by WOCWB at each City's meter.
NOW, THEREFORE, in consideration of the mutual covenants of the parties, it is
hereby agreed as follows:
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1. DELIVERY OF WATER.
MWDOC will deliver from the Connections to WOCWB for delivery to the Cities as
NIWDOC receives said water from Metropolitan such quantities of water and at such times as
WOCWB may request subject to the capacity of each Connection and subject to the policies
of Metropolitan and this Agreement. It is recognized that water through these Connections is
available to MWDOC only from Metropolitan and MWDOC's obligations hereunder are
subject to the ability of MWDOC to purchase such water from Metropolitan.
2. TITLE.
Delivery of said water to WOCWB and Cities shall occur as the water is discharged
from said Connections and, thereafter, such water shall be the property of WOCWB which
shall be solely responsible for it, subject to WOCNVB's arrangements with the Cities.
3. PAYMENT FOR «'ATER.
Subject to the provisions of this Agreement, Cities will be responsible for payment to
MWDOC for all quantities of water delivered hereunder subject to the price, rates,
classification and conditions which MWDOC establishes from time to time for such water
according to the use to be made of such water. All deliveries at the Connections will be
metered by Metropolitan.
MWDOC will provide to WOCWB copies of the monthly Metropolitan invoice for the
water metered through the Connections. WOCWB will calculate and submit to MWDOC a
schedule showing the quantities of water to be billed to each of the Cities for the previous
monthly period. WOCWB shall be responsible for ensuring that the sum of the quantities of
water shown on the schedule submitted by WOCWB to each of the Cities shall equal the
amount shown on the Metropolitan invoice. MWDOC will directly invoice the Cities of
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Garden Grove, Huntington Beach, Seal Beach and Westminster individually, and each City
agrees to pay when due the monthly invoices for water usage by that City. Such invoices
will be due and payable within the time and according to the conditions established by
MWDOC from time to time. The parties agree that this Agreement is subject to the
applicable provisions of MWDOC's Ordinance No. 41 and MWDOC's Resolution
establishing water rates as amended from time to time.
In the event -all or any portion of the charges for water delivered through the
Connections are delinquent MWDOC shall have the right to demand that WOMB terminate
all water deliveries through those connections serving the City or Cities for which payment is
delinquent and WOCWB shall not restore deliveries until MWDOC confirms that all
delinquent payments, including such additional charges if any that are assessed pursuant to
the requirements of MWDOC's Ordinance No. 41, Section 6.2, are paid. In the event all or
any portion of charges delivered through the Connections are delinquent and WOCWB fails
or refuses to terminate water deliveries upon demand by MWDOC, MNVDOC may terminate
this Agreement and exercise any and all remedies it has under its existing connection
agreements with WOCRB relative to the Connections ("Connection Agreements") and all
subsequent water deliveries will be billed pursuant to said Connection Agreements.
In the event of a dispute concerning any amount invoiced by MWDOC to the Cities,
each City agrees to pay the full amount of the disputed invoice when due and shall promptly
notify MWDOC and WOCWB of the disputed amount. Disputes shall be resolved in
accordance with Section 5 herein.
4. EQUIPMENT AND RIGHT-OF-WAY.
WOCWB agrees to install and maintain such flow control device or devices in
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connection with the Connections as required by Metropolitan and MWDOC. WOCWB and
Cities will furnish, operate and maintain their own lines for the distribution of any water
received from Metropolitan and MWDOC shall not be under any duty relative to WOCWB's
and the Cities' operations and maintenance of their distribution lines for water received from
Metropolitan as set forth in this Agreement nor shall MWDOC and Metropolitan be obligated
therefor in any way.
5. A IOUI\'T OF WATER DELIVERED.
If any question arises as to the amount of water delivered to WOCWB through the
Connections, then the WOCWB and MWDOC agree to meet and confer within a reasonable
time thereafter for the purpose of resolving such question, however, the decision of the
General Manager of MNVDOC shall be final in determining the amount of water delivered to
WOCWB. If any question arises as to the apportionment of water usage between the Cities
served pursuant to this Agreement, then the question shall be resolved by WOCNNB. Any
reapportionment of water usage and payments by the Cities shall be the responsibility of
WOCWB. The Cities each agree that they will look to WOCIVB and not to MWDOC for
reimbursement of overcharges due to misapportionment of water use and the Cities shall pay
WOCWB for any underpayment due to misapportionment. In the event it is determined that
there have been any overcharges due to an error in reading the quantity of water delivered
through the Connections, then the Cities shall be entitled to look to MWDOC for
reimbursement.
6. RESPONSIBILITY FOR FACILITIES.
MWDOC is *not the owner of any meter, vaults, facilities and equipment, nor is it
responsible in any way for any vaults, meter, facilities and equipment used in serving
16307UW 4
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WOCN B or the Cities.
7. METROPOLITAN CONDITIONS.
WOCWB and Cities accept and agree to comply with each and all of the terms,
conditions and regulations of Metropolitan affecting water service as from time to time
amended.
8. WATER RATES.
MWDOC presently charges a water rate in excess of the price charged for water by
Metropolitan. If, in the opinion of MWDOC, it should become necessary to NIN DOC to
include additional charges in the rates applicable to consumers in MWDOC's service area in
connection with the furnishing of any water, WOCWB and Cities shall promptly pay to
MNN DOC all such charges assessed based on the method of determining the amount of said
charges as adopted by MWDOC.
Notwithstanding anything Otherwise in this Agreement to the contrary, in the event
that MWDOC incurs expense with respect to the operation and maintenance of the
Connections WOCWB shall reimburse such expenses on presentation by MWDOC to
WOCWB of bills and appropriate documentation therefor.
9. REPAIRS.
The parties recognize that pursuant to the current policies of the Metropolitan
Agreement and the Metropolitan Water District Administrative Code, Metropolitan is
responsible for any subsequent maintenance, alteration, reconstruction or relocation of the
Connections, except such subsequent alteration, reconstruction or relocation of the
Connections not necessitated or required by Metropolitan which are requested by WOCWB
or MWDOC, which changes shall be handled as a new service connection.
IQ.76d 5
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Although Metropolitan does not currently charge a connection fee on connections to
Metropolitan facilities, there is currently under consideration at Metropolitan the imposition
of a monthly connection maintenance fee on each connection to a Metropolitan facility which
fee would be based upon the size of the connection. If Metropolitan implements a monthly
connection maintenance fee or other charge applicable to the Connections, WOCWB and the
Cities understand and agree that such charges will be the responsibility of WOCNVB and the
Cities in accordance with MWDOC policy for allocating such charges.
10. INDEMNITY.
Each City and WOCWB promises and agrees that they will, at all times, indemnify
and save harmless MWDOC and Metropolitan from and against all loss, cost, damage and
expense, including, but not limited to, reasonable engineers' and attorneys' fees, and from
and against any and all claims or demands on account of injury to persons or property, which
loss, cost, damage, .expense, claims or demands may be incurred by MWDOC or
Metropolitan in any way growing out of a City's and/or WOCINB's operations, or a City's
or WOCWB's maintenance of that City's and/or WOCWB's facilities as set forth herein in
this Agreement , provided, however, that nothing herein shall require the Cities or WOCWB
to indemnify or save harmless MWDOC or Metropolitan from any loss, cost damage,
expense, claim or demand resulting from MWDOC's or Metropolitan's sole negligence or
where MWDOC or Metropolitan are liable without fault.
11. AUTHORITY.
The person executing this Agreement on behalf of each of the parties hereto
represents that he or she has been duly authorized by such party to execute this Agreement
and that this Agreement will be binding and enforceable against such parry.
IONS 6
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12. NOTICES.
Any notice, payment or instrument required or permitted by this Agreement to be
given to either party shall be deemed to have been received when personally delivered or
upon depositing the same in the United States Mail, registered, or certified, postage prepaid,
addressed to:
MWDOC: Municipal Water District of Orange County
P.O. Box 20895
Fountain Valley, CA 92728
WOCWB: West Orange County Water Board
1322 Bell Avenue, Suite 1-A
Tustin, CA 92680
CITIES: City of Garden Grove
11391 Acacia Parkway
Garden Grove, CA 92642
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
City of Seal Beach
2118 Street
Seal Beach, CA 90740
City of Westminster
8200 Westminster Boulevard
Westminster, CA 92683
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of MWDOC, WOCWB and the Cities.
1&U&7L&d
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14. WAIVER.
The failure or delay of any party to insist on compliance with any of the terms,
covenants or conditions of this Agreement by any other party, or to exercise any right or
remedy available herein, shall not be deemed a waiver of such terms, covenants or
conditions, nor shall any waiver or relinquishment of any right or power conferred by this
Agreement at any one time, or times, by a party be deemed or construed a waiver or
relinquishment of that right or power for all or any other times.
15. VALIDITY.
If any part of this Agreement is declared to be illegal or unenforceable or void for
any reason by a court of competent jurisdiction, the validity or enforceability of this
Agreement as a whole shall not be affected or impaired and the remainder and all other
provisions shall remain enforced to the fullest extent permitted by law.
16. EXECUTION AND COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed an
original.
17. APPLICABLE LAW.
The terms and provisions of this Agreement shall be construed in accordance with the
laws of the State of California.
18. HEADINGS.
The headings contained within this Agreement are for purposes of reference only and
shall not limit or define the meaning of the provisions hereof.
161 TUT 8
19. ENTIRE AGREEMENT.
This Agreement is the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous oral and written agreements and
discussions. This Agreement may be amended only by an agreement in writing.
20. TEMMATION.
This Agreement shall continue until terminated. This Agreement may be terminated
at any time by the mutual written consent of all parties hereto or by MWDOC pursuant to
Section 3 in the event that WOCWB fails to comply with a request to terminate service to a
City which is delinquent in payment of charges for water delivered through the Connections,
which termination shall be effective upon execution by all parties of a termination agreement
or ten (I0) days after notice from MWDOC to all parties pursuant to Section 12. Upon
termination of this Agreement, subsequent water deliveries through the Connections will be
billed to WOCWB in accordance with the Connection Agreements previously executed
between MWDOC and WOCWB.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate as of the date and year first above written.
Approved as to form: MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY
BA4�1(171
Y�
anet Morn ' gstar Its: General Manager
McCornic k, Kidman & Behrens
WEST ORANGE COUNTY WATER BOARD
By:
Its: President
163"/ al 9
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THE CITY OF GARDEN GROVE
By:
Its: Public ServYes Director
THE CITY OF HUNTINGTON BEACH
By:
Its:
THE CITY OF SEAL BEACH
By:
Its:
THE CITY OF WESTMINSTER
By:
Its:
iwmn.r 10
�.W,
CITY OF HWTINGTON BEACH
By:
Ma or
ATTEST:
City Clerk
APPROVED AS TO FORM: -
City Attorne Huntington Beach
L2�jZ��,f�
THE CITY OF GARDEN GROVE
By:
Its:
THE CITY OF HUNTINGTON BEACH
jr 11
p At
THE CITY OF SEAL BEACH
By:
Its:
THE CITY OF WESTMINSTER
By:
Its:
tosoTW9 10
V
THE CITY OF GARDEN GROVE
By:
Its:
THE CITY OF HUNTINGTON BEACH
By:
Its:
THE CITY OF SEAL BEACH
PIE
THE CITY OF WESTMINSTER
By:
Its:
lamoinsd 10
THE CITY OF GARDEN GROVE
By:
Its:
THE CITY OF HUNTINGTON BEACH
By:
Its:
THE CITY OF SEAL BEACH
By:
Its:
THE CITY OF WESTMINSTER
By:
wt•�- v
March 28, 1995 ItS: Mavor
10
CAUFORNIA ALL-PURPO� ACKNOWLEDGMENT
State of
County of
personally appeared
Personally known to me —OR to be the person
whose names Ware subscribed to the within instrument
and acknowledged to me that heP_4v_'they executed the
MAY101MCE LJ010MON same in*aherftheir authorized capacity ies , and that by
COS 0 991835 I-:-
Notary Public — CoQ[arnia ef their si on the instrument the erson
� gnatures � P s
ORANGE CouM1f or the entity upon behalf of which the person(s) acted,
W Corrm. EXlres MAY 11.1997 executed the instrument.
WITNESS my hand and official seal.
tip � �.... •4.i� �. _.:...
OPTIONAL
Though the Information below Is not required by law, It may prove va:uable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: /1IW042 �
Cl C7-
Document Date: l� �J.��S Number of Pages:
Signer(s) Other Than Named Above: �?/�
Capacity(ies) Claimed by Signer(s)
Signer's Name: —
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardia or Conservator
❑ Other:rTopolumb here
Signer Is Representing:
Signer's Name:
OIL-
❑ Individual
C] Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
C] Trustee
❑ Guardian or Conservator
D Other.
Signer Is Representing:
Top of MUMID here
0 19941-ational %mry Alexia[ion • SM Rommel Ave., P.O. Box 7164 • Canoge Pak. CA 917L-7184 Prod. No. 5907 Reorder: CoA TblWma 1-00"7&4M
MWO
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RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Joint Agreement for Direct Billing by MWDOC to
Each Agency of the West Orange County Water
Board
COUNCIL MEETING DATE:
December 18, 1995
RCA ATTACHMENTS
STATUS
Ordinance wlexhibits & legislative draft if applicable)
Not Applicable
Resolution wlexhibits & legislative draft if a licable
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attome
Not Applicable
Certificates of Insurance (Approve"y (Approve"thepity Attorney)
Not Applicable
Financial Impact Statement Unbud et, over $5,000
Not Aeplicable
Bonds if applicable)
Not Applicable
Staff Report If a licable
Not Applicable
Commission, Board or Committee Report If a licable
Not Applicable
Findings/Conditions for Approval and/or Denial T
Not Applicable
- EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR DED
Administrative Staff
Assistant City Administrator Initial
vzd�
Administrator Initial
-City
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City ,Clerk's Use Only) I i