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Agreement No.Dt04
City Clerk's copy
WATER SUPPLY CONTRACT
BETWEEN
THE CITY OF NAPA AND THE CONGRESS VALLEY WATER DISTRICT The CITY OF NAPA, a municipal corporation in the County of Napa, State of California, hereinafter called "City", agrees to sell, and the CONGRESS COUNTY WATER DISTRICT, a county water district, hereinafter called "District", agrees to buy water under the following terms and conditions:
FtECITALS
A.
The City is the owner and operator of a water system in the County of Napa, State of California, and is engaged in the supply and distribution of water to customers inside and outside of the corporate limits of said City.
B.
The District is the owner and operator of a water system in the County of Napa, State of California, and is engaged in the distribution of water to customers within the boundaries of said District.
C.
The District
is
currently purchasing its water supply finii the City
under an existing agreement dated Octnhpr 30, 1951, the term of which having expired has been extended by mutual agreement of the District and City until this replacement agreement is executed.
D.
The
District has no developed water supply resources and no storage facilities.
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E. The District has requested that the City continue to furnish a supply of water to the District, but under different terms and conditions than provided for in the original agreement.
F. The City is willing to furnish a supply of water to the District.
THEREFORE, the parties hereby agree to the following:
1. TERM OF AGREEMENT. This Agreement shall became effective upon its execution by both parties and shall run for a term of thirty (30) years, or to July 1, 2017, whichever shall occur first.
2. SERVICE AREA. The District shall deliver the water furnished under this Contract to consumers only within the territory Shown and described on attached "EXHIBIT B", entitled "Congress County Water District Service Area", and no other or additional territory. No water service shall be provided by the District to any parcel within said service area as shown on attached "EXHIBIT B it , until said parcel has been annexed to the District.
3. QUANTITY OF WATER. The City shall furnish water to the District, as it may need to supply its custcmers only in accordance with the terms and conditions of this Agreement, in an amount not to exceed a total of one hundred (100) acre feet in any calendar year, at a reasonable rate of flow at the delivery point or points.
manufactured at site of the winery may
water it receives under this Agreement
approved on the effective date of this
be sold.) The District shall deliver
only to service connections existing or
&Tremont, and to parcels of land
existing within the District Service Areas as defined in "EXHIBIT B", on the effective date of this Agreement.
5. ANNMATION TO CITY. City agrees that if any portion of the District is annexed to the City during the term of this Agreement, City shall annually reimburse the District up to an amount equal to the average annual revenue that would have been derived from the sale of water to that portion of the District so annexed had that portion of the District remained in the District. Such payment shall be applied to any bond redemption, interest payment, or reserve .accounts, therefor, which are then an existing obligation of the District. NO such payment shall be required, if no such obligations then exist.
6. PRICE AND PAYMENT. The District shall pay to the City the sum of one dollar and twenty-three cents ($1.23) per one thousand (1,000) gallons. Said quantity rate charge shall be adjusted administratively from time to time, concurrent with adjustments in the quantity rate and service charge applicable 3
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4. CCNDITICNS OF SERVICE. The District shall deliver water it receives under this Agreement to a maximmi of 140 service connections to serve existing parcels of record as described below and no others, for domestic, agricultural, and winery purposes only. (For the purposes of this Contract, a winery is defined as a facility appurtenant to the manufacture of wine or similar products. Additionally, fifty percent (50%) of the grapes processed must be grown in the service area. Additionally, no items other than the product
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to retail domestic customers inside the City limits. The adjusted quantity rate applicable to the District shall be identical to the quantity rate applicable to retail domestic customers inside the City limits.
7. COLLECTION AND DISBURSEMENT OF FUNDS. City agrees to bill District's customers at the rate specified by the District (subject to change On an annual basis). District's rate structure shall be similar to City's structure. City will collect all proceeds in a fashion consistent with its own procedures and .deposit same in a separate account. Periodically the proceeds so collected and deposited shall be released to an entity as directed in writing by District.
Any connection fees, special assessment fees, or mitigation fees designated by the District shall not be collected by City. It shall be the responsibility of the District to collect such fees.
Any work done by City, such as to install new services or to make modifications as requested by District shall be on a fixed fee basis or time and materials basis, as is appropriate. City requires a deposit for such work in accordance with its codes, and the City will collect and retain same.
8. MEASUREMENTS AND CONTROL OF WATER DELIVERED. The water delivered pursuant to this Agreement shall be measured by meters at the points of delivery hereinafter referred to as the customers meter connection. On any new custarier meter connection, the city shall install the necessary meters, valves, and appurtenances appropriate to operate and maintain such connection. Said meters, valves, and appurtenances shall be maintained in good repair and replaced when
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necessary by the City. Each party shall have the right to test any meter at its own expense, or the parties may share the cost as mutually agreed. City reserves the right to replace any meter at any time.
9. CCNSEM7A.TION MYSUFES. District agrees to enact and enforce water conservation piusLams substantially equivalent in effect to such water conservation programs adopted by the City or which may be adopted by the City.
10. QUALITY OF WATER. The quality of water at the point of delivery furnished to the District will be the same as that furnisheeto other City customers under the permit from the State of California Department of Health Services or its successor agency.
ha. NON-RESPONSIBILITY OF THE CITY. Neither the City nor any of its officers, agents or employees, shall be liable for any loss or damage direct or indirect, arising aura shortages in the amount of water to be made available for delivery, interruption of delivery or failure of any kind caused by drought or any other cause beyond the control of the City.
lib. RESFCNSIBILITY OF THE CITY. The City shall be responsible, during the term of this Contract, for the complete operation, maintenance (and later replacement) of the District's water system.
City agrees to make the District whole for additional costs incurred in installing the twelve inch (12") waterline stipulate in the section of this Agreement entitled "Responsibility of District".
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The amount of the make whole cost is to be determined by multiplying the number of feet of waterline so oversized by the difference in cost obtained by subtracting the contract cost of a twelve inch (12") waterline in this area from a theoretical contract cost for an eight inch (81 waterline in the same work area. The theoretical contract cost is assumed to be the contract cost for eight inch (8") waterline installed elsewhere in the District during the replacement project.
City shall reimburse District within thirty (30) days of submission of each of the successive contract progress payments submitted by District's Contractor during the replacement project, showing the number of feet of the oversized line installed.
City agrees to install, at its cost, a twelve-inch (12") main from the City limits on Old Sonoma Road to the point of connection with the transmission line in Foothill Boulevard when the need for such installation is established. 12a. NON-RESPONSIBILITY OF THE DISTRICT. Neither the District nor any of its officers, agents or employees shall be liable for the control, carriage, handling, use, disposal or distribution of water, nor for any damage of any nature whatsoever, including but not limited to property damages, personal injury or death, arising out of or connected with the same. 12b. RESPCNSIBILITY OF THE DISTRICT. It shall be the responsibility of the District to, during year 30, pass title for all improvements and assets of 6 7
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the District to the City for the sum of one dollar ($1.00). The Board of Directors of District shall during year 30, initiate proceedings to dissolve the District pursuant to the District Reorganization Act or as it may be amended.
Additionally, District agrees to cause the size of the waterline to be installed in Thompson Avenue, in Congress Valley Road, fram Thompson Avenue to Old Sonoma Road, and in Old Sonoma Road, ftom Congress Valley Road easterly to City's corporate boundary (to the extent that the waterline will be replaced) to be instal1ed as 12-inch waterline. This is herein referred to as the oversized waterline.
Additionally, District will allow City to "wheel" water through said waterline at no additional compensation.
13. BACKFLOW PREVENTION: District agrees to require its water service customers to catiply with City's backflow prevention device pLuyLam.
14. ASSIGNMENTS. No assignment of this Agreement or of any right or obligation of any part hereunder, in whole or in part, can be made without the express written consent of all parties hereto, which consent shall not be unreasonably withheld.
15. MODIFICATIONS. Mbdification to this Agreement shall be specific amendment, executed by all parties hereto.
16. APPLICABLE LAW. The law of California then existing shall govern the interpretation of this Contract.
17. NO All notices required under this Contract shall be sent to:
City of Napa Congress County Water District
P.O. Box 660 P.O. Box 3023
Napa, CA 94559 Napa, CA 94558
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WATER DISTRICT ATTORNEY
COUNTERSIGNED:
DISTRICT AUDITOR CITY AUDITOR
ATTEST: ATTEST-
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CITY CLERK SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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a municipal corForation a County Water District
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