City of Simi Valley
Staff Report
October 12, 2026
To: City Council
Board of Directors, Ventura County Waterworks District No. 8 From: Public Works Department
Jay Spurgin, Interim Public Works Director
Subject: Approval of Amendment No. 6 to the Agreement for the Pilot Reclaimed Water System Project among Calleguas Municipal Water District, the City of Simi Valley, and Ventura County Waterworks District No. 8 Staff Recommendation
Staff recommends that the City Council/Board of Directors approve Amendment No. 6 (Attachment A) to the Agreement for the Pilot Reclaimed Water System Project among Calleguas Municipal Water District, the City of Simi Valley, and Ventura County Waterworks District No. 8, and authorize the Mayor/Chair to execute the amendment.
Background
On November 21, 1994, Calleguas Municipal Water District (Calleguas), the City of Simi Valley, and Ventura County Waterworks District No. 8 (City/District) entered into an Agreement for the Pilot Reclaimed (Recycled) Water System Project, establishing the framework for the purchase and sale of recycled water. Under this Agreement, Calleguas constructed and currently owns the pump station located at the Water Quality Control Plant, along with the distribution pipeline that extends east along West Los Angeles Avenue and then north to the Simi Valley Landfill. Map and photos of the pump station and distribution pipeline are included in Attachment B for reference.
Since its original execution, the Agreement has been amended five times: June 18, 2001; February 2, 2015; April 18, 2016; February 19, 2020; and September 12, 2022, retroactively effective to November 22, 2021. The original Agreement and Amendments Nos. 1 through 5 are included in Attachment C. The Agreement and all amendments are set to expire on November 21, 2026.
The parties have continued to benefit from the reclaimed water system, which serves Calleguas, the City/District, the Simi Valley Landfill, and a small number of commercial customers. To ensure continuity of service and allow time for ongoing negotiations regarding potential purchase of the system, the parties now wish to extend the Agreement for an additional three years, through November 21, 2029.
Agenda Item No.
Consent (2)
Discussion
Calleguas and the City / District continue to benefit from the long-standing operation of the reclaimed water system. The current Agreement supports ongoing service to Calleguas, the City/District, the Simi Valley Landfill, and a limited number of commercial customers. In 2021, the Agreement was amended, and the term was extended through November 21, 2026.
Although the system remains functional, the existing transmission pipeline lacks additional outlets that would allow delivery of recycled water to residential customers or other users not currently served by the existing recycled water pipeline. Staff is actively collaborating with Calleguas to agree on a purchase price for the system and evaluate future service options.
Amendment No. 6 would extend the Agreement through November 21, 2029, enabling uninterrupted operation of the reclaimed water system while providing the time needed for the parties to negotiate a mutually acceptable purchase price. During this extension period, staff will continue to explore potential purchase arrangements and assess feasible options for expanding recycled water service within the community. As part of this effort, staff will also prepare a report for the City Council outlining alternatives, limitations, and potential pathways for system expansion. Staff will present these findings at a future meeting for Council consideration.
To maintain system reliability and allow time for continued negotiations, staff recommends extending and amending the existing Agreement. The proposed amendment only extends the term of the existing Agreement and does not approve any expansion or modification of the recycled water system. Accordingly, approval of Amendment No. 6 will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project subject to the California Environmental Quality Act.
Financial Impact
This action is expected to have no financial impact on the City/District. All operation and maintenance activities associated with this Amendment can be completed using existing budgeted staff resources. No appropriation is required at this time and this action has no impact on the City’s General Fund.
City Council Priority
This item supports the City’s Reliable Infrastructure Pillar of Excellence Suggested Motion
I move to approve Amendment No. 6 to the Agreement for the Pilot Reclaimed Water System Project among Calleguas Municipal Water District, the City of Simi Valley, and 2 Ventura County Waterworks District No. 8, and authorize the Mayor/Chair to execute the amendment.
Summary
The City/District and Calleguas entered into an agreement in 1994 governing the purchase and sale of reclaimed water. The system includes a Calleguas-owned pump station at the Water Quality Control Plant and a recycled water transmission pipeline serving the Simi Valley Landfill and a small number of commercial customers. The Agreement has undergone five amendments and is set to expire November 21, 2026.
The parties wish to extend the Agreement for an additional three years, through November 21, 2029, to allow continued operation of the reclaimed water system and provide additional time to negotiate a mutually acceptable purchase price for the system.
The proposed amendment does not expand service or create new delivery mechanisms but preserves existing operations while discussions continue.
During the extension period, City/District staff will collaborate with Calleguas on purchase options and prepare a report outlining alternatives and limitations for potential expansion of recycled water service to the community.
Prepared by: Al Sexton, Assistant Public Works Director (Operations) Attachments
Attachment A – Amendment No. 6 to the Agreement
Attachment B – Pump Station and Distribution Pipeline Map and Photos Attachment C – Original Agreement and Amendments Nos. 1-5 3 Attachment A
AMENDMENT NO. 6
AGREEMENT REGARDING THE PILOT RECLAIMED WATER SYSTEM
PROJECT FOR THE PURCHASE AND SALE OF RECLAIMED WATER
AMONG CALLEGUAS MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8
This Amendment is made and entered on this 12th day of October, 2026, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California (hereinafter referred to as "CALLEGUAS") and the CITY OF SIMI VALLEY, a California General Law City and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a Waterworks District (hereinafter collectively and separately referred to as "SIMI VALLEY").
CALLEGUAS and SIMI VALLEY shall hereinafter be together referred to as "PARTIES."
RECITALS
WHEREAS, the PARTIES have previously entered into: (1) the “Agreement Regarding the Pilot Reclaimed Water System Project for the Purchase and Sale of Reclaimed Water Among Calleguas Municipal Water District, the City of Simi Valley, and Ventura County Waterworks District No. 8” dated November 21, 1994; (2) Amendment No. 1 dated June 18, 2001; (3) Amendment No. 2 dated February 2, 2015; (4) Amendment No. 3 dated April 18, 2016; (5) Amendment No. 4 dated February 19, 2020; and (6) Amendment No. 5 dated September 12, 2022 (which reinstated the Agreement retroactively effective November 22, 2021 collectively the “Amended Agreement”); and
WHEREAS, the Amended Agreement covers the operation of a recycled water system consisting of a pump station, pipeline, and appurtenances owned by CALLEGUAS and referred to in the Amended Agreement as the "Wholesale facilities"; and
WHEREAS, the Amended Agreement will expire by its terms on November 21, 2026 (the "Termination Date"); and
WHEREAS, the PARTIES wish to extend the Amended Agreement.
NOW, THEREFORE, the PARTIES agree as follows:
1. The term of the Amended Agreement is extended by this Amendment No. 6 to November 21, 2029.
2. Except as expressly modified by this Amendment No. 6, all of the terms, conditions and provisions of the Amended Agreement remain unaltered and in full force and effect.
4 IN WITNESS WHEREOF, the PARTIES have caused this Amendment No. 6 to be executed the day and year first above written.
Attest:
Lucy Blanco
City Clerk/District Secretary
City of Simi Valley
Simi Valley, California
Dee Dee Cavanaugh, Mayor of the City
of Simi Valley, California
Approved as to Form:
Algeria R. Ford
City Attorney/District Counsel
Ventura County Waterworks District
No. 8, A Municipal Corporation
Dee Dee Cavanaugh, Chair of Ventura
County Waterworks District No. 8
Approved as to Content:
Samantha C. Argabrite
City Manager/District Manager
Carolyn Johnson
Administrative Services
Director/Purchasing Agent
Jay Spurgin
Interim Public Works Director
Calleguas Municipal Water District
Kristine McCaffrey, General Manager
5 PLAN AERIAL N/A 1 1 DEPARTMENT OF PUBLIC WORKS CITY OF SIMI VALLEY 2 CITY OF SIMI VALLEY - SANITATION DIVISION RECYCLED WATER PUMP STATION AT THE WQCP 600 WEST LOS ANGELES AVENUE RECYCLED WATER PUMP STATIONRECYCLED WATER DISCHARGE PIPE 6 Attachment B 7 8
I
AGREEMENT REGARDING THE PILOT RECLAIMED WATER SYSTEM PROJECT
FOR THE PURCHASE ANO SALE OF RECLAIMED WATER AMONG CALLEGUAS
MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, SIMI VALLEY
SANITATION DISTRICT, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8
THIS AGREEMENT is made and entered into in the City of Simi Valley on this 21st day of November , 1994, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California, hereinafter referred to as "CALLEGUAS," and the CITY OF SIMI VALLEY, S[MI VALLEY COUNTY SANITATION DISTRICT, VENTURA COUNTY WATER'IIORKS DISTRICT NO. 8, a California General Law City, County Sanitation District, and County Waten1orks District respectively, hereinafter collectively or separately referred to as "SIMI I/ALLEY." CALLEGUAS and SIMI VALLEY shall hereinafter be collectively referred to as ''PARTIES."
W I T N E S S E T H
WHEREAS, the PARTIES jointly desire to develop an alternate water supply project which maximizes the beneficial use of local water resources.
WHEREAS, a goal of the PARTIES is to "drought proof" the City and provide a reliable water supply during emergencies.
WHEREAS, there is a firm source of reclaimed water adequate, on an annual basis, to provide the Project Service Area.
'IIHEREAS, SIMI I/ALL�'/ provides •,iater service for municipal and industrial uses to approximately 60,000 people and, along ',vith private •aater producers, utilizes local resources and su.pplements those resources with imported water.
WHEREAS, SIMI VALLEY is the owner and operator of a wastewater treatment facility known as the Simi Valley Wastewater Treatment Plant, from which treated wastewater (herein referred to as 'reclaimed water'') is discharged to the Arroyo Simi Creek.
WHEREAS, SIMI VALLEY performs sufficient wastewater treatment that the quality of reclaimed water from the Simi Valley Wastewater Treatment Plant meets or exceeds all current federal, state, and county established standards for reclaimed •,ater use; and, SIMI VALLEY will use its best efforts to meet any future federal, state, and county established standards for reclaimed water use.
WHEREAS, SIMI VALLEY has filed an application/petition with the State UG.073 .SR\ts
9 Attachment C
of California Water Resources Control Board for a permit and license recognizing its existing rights to purvey its reclaimed water.
WHEREAS, CALLEGUAS warrants it is familiar ·,ii th and •,ii 11 meet or exceed industry standards for the transmission sto�age, and distribution of reclaimed water.
WHEREAS, the mission of CALLEGUAS is to provide its service area with a reliable and adequate supply of quality supplemental water through the acquisition and distribution of both regionally and locally developed water in an environmentally responsible manner.
WHEREAS, SIMI VALLEY is located within the District boundaries of CALLEGUAS and CALLEGUAS has adopted a resolution (Number 903) covering its service area requiring maximum reclaimed water use by all of its purveyors to the extent such use is reasonable and reclaimed water is made available by CALLEGUAS.
WHEREAS, the PARTIES jointly entered into a Memorandum of Understanding (MOU) on November 8, 1993 supporting the development of a Pilot Water Reclamation Project.
WHEREAS, CALLEGUAS has indicated its intent to pay for and, with input from SIM[ VALLEY, manage the design, financing, permitting and cnstruction of a wholesale "backbone" transmission system and service connections for a pilot project and SIMI 1/AL�E'/ has indicated its intent to be responsible for the distribution of reclaimed water from a service connection located at or near the terminus of CALLEGUAS's transmission system to its customers.
WHEREAS, CALLEGUAS and SIMI VALLEY are empo•aered to enter into separate contracts necessary to carry out their purposes and to coooerate with other entities in regard to production and distribution of reclaimed water.
WHEREAS, the Simi Valley Landfill (Project Service Area) has been conditioned by the County of Ventura through CUP-3142 to utilize reclaimed water for landscape irrigation.
WHERE.1\S, this Agreement shall cover the intent and obligation of the PARTIES to design, construct, operate and maintain wholesale and retail facilities; wholesale purchase of reclaimed water by CALLEGUAS, retail purchase of reclaimed water by SIMI VALLEY, sale, transmission of reclaimed •,iater by CALLEGUAS for the Simi Valley "Pilot'' Reclaimed Water Distribution Project.
NO',i THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. SIMI VALLEY and CALLEGUAS have reviewed the anticipated demands of the Project Service 'Area, and subject to any conditions or terms contained Ut..073.SR\ls
10 herein, SIMI VALLEY warrants its supply is adequate to meet those demands and anticipated demands on an annual basis.
2. Reclaimed water will be supplied to CALLEGUAS from the SIMI I/ALLEY •�astewater Treatment Plant. SIMI VALLE'! will use its best effort to maintain a consistent minimum average hydraulic gradient, within acceptable tolerances, at the Release Point. Said minimum average hydraulic gradient will meet the normal daily reclaimed water system operational hydraulic requirements.
3. CALLEGUAS shall construct and SIMI VALLEY shall operate and maintain a metering device at the paint of release of its reclaimed water to CALLEGUAS, capable of measuring the quantity of reclaimed water which is released to CALLEGUAS. This "Release Point'' shall be located at or adjacent ta the Simi Valley Wastewater Treatment Plant. Records of daily releases shall be made available to CALLEGUAS on a monthly basis.
4 Delivery of reclaimed water ta SIMI VALLEY will be from the terminus of CALLEGUAS facilities located adjacent to the Simi Valley Landfill.
CALLEGUAS will use its best effort to maintain a consistent minimum average hydraulic gradient of forty (40) pounds per square inch (PS[) at the service connection.
5. CALLEGUAS will be responsible for the design, permitting, construction, rights-of-way, □aeration and maintenance of all Wholesa le facilities. For the purposes of this Agreement, \1holesale facilities are defined as all the facilities needed to deliver reclaimed water from the Simi Valley Wastewater Treatment Plant up to the Simi Valley Landfill area includi�g but not necessarily 1 imited to pipelines, pump stations, and ·11ater tank(s).
6. SIMI VALLEY will be responsible for the design, construction, operation and maintenance for all Retail distribution facilities. Retail distribution facilities are defined as those reclaimed water facilities needed to deliver reclaimed water beyond the point of purchase of reclaimed water by SIMI VALLEY from CALLEGUAS.
7. CALLEGUAS shall prepare all necessary environmental review, including the documents required pursuant to the provisions of the California Environmental Quality Act (CEQA) associated with the development of the Simi Valley ''Pilot'' Reclaimed Water Distribution Project.
S. SIMI VALLEY •11il1 use its best efforts to obtain approval to distribute reclaimed water originating at the Simi Valley Wastewater Treatment Plant from the California Regional Water Quality Control Board (RWQCB), and will provide proof of approval, if required by the RWQCB, to CALLEGUAS.
Ui.073.SR\ls
11 9. SIMI VALLEY will use its best effort to obtain and maintain a reclaimed water customer base including but not necessarily limited to the Simi Va 11 ey Landfi 11.
10. shall be defined
For the purposes of this Agreement, the term "Released Water" as the reclaimed •,iater purchased by CALLEGUAS from SIMI VALLEY at the metering device located within or adjacent to the Simi Valley Wastewater Treatment Plant. fn addition, "Released Water" shall be defined as the reclaimed ·,iater purchased by SIMI VALLEY from CALLEGUAS at or near the terminus of CALLEGUAS's Wholesale Facilities.
11. For the purposes of this Agreement, and in consideration of the promises set forth herein, CALLEGUAS will pay to SIMI VALLEY an initial unit price of 560 per acre foot based on the volume of Released Water delivered by SIMI VALLEY to CALLEGUAS and recorded at the Rel�ase Point. a. Effective each July !st after the effecti'✓e date of this Agreement ("Adjustment Date''), the PARTIES agree to adjust the unit price per acre foot of Released Water. This adjustment will be made based an a comparison of the difference per acre foot between the current cast of Metropolitan Water District of Southern California's (MWD) Wholesale Non-interruptable Water Rate (WNWR) and the MWD WNWR of the base year effective July I, 1994 (5412/AF). Said Calculation shall be as follows:
[Current Year WNWR - Base Year WNWR (S412)] + S60.00
Cufrent Year Released Water Unit Cost per Acre Foat
b. The Adjusted Unit Price of Released Water so determined shall then be the amount per acre foot �hich CALLEGUAS will pay to SIMI VALLEY until the next succeeding Adjustment Date.
c. Payments for Released Water shall be made by CALLEGUAS to SIMI VALLEY monthly during the term of this Agreement. Payments due on or about the 15th of each month shall be for the month preceding, measured from the !st through the end of the preceding month.
12. The Pilat Project is in the ser'1ice area of SIMI VALLEY.
CALLEGUAS wi 11 make available to S !Ml VALLE'/ reel aimed water at a service connection at or near the ter'Tiinus of CALLEGUAS's wholesale facilities. For the purposes of this Agree'!1ent, and in consideration of the promises set forth herein, CALLEGUAS and S Ml VALLEY agree ta an initial Reclaimed Water Unit Cost of 5340 per acre foot o reclaimed water delivered by CALLEGUAS to SIMI VALLEY Ul.073.SK\ls
12 . ·�-
through the service connection. The initial Reclaimed Water Unit Cost per acre foot shall cons1st of four (4) price components:
Capital Facilities Component
Released Water Component
Operations and Maintenance Component
Pumping Component . ... .. . ..
5230
S60
520
S30
a. CAPITAL FACILITIES COMPONENT: For the purposes of this Agreement, the Capital Facilities Component of the Reclaimed Water Unit Cost shall pay for the capital expenditures necessary to construct the Wholesale water facilities. This unit cost of the Capital Facilities Component of the Reclaimed Water Unit Cost shall remain fixed (S230 per acre foot) over the term of this Agreement.
b. RELE.A.SED 1..JATER COMPONENT: The Released Water
Component of the Reclaimed Water Unit Cost shall pay for the cost ta purchase Released Water as described in section 11 of this Agreement. The initial unit cost of the Released Water Component shall be $60 per acre foot. The Released Water Component shall be subject to annual adjustments as described in section lla of this Agreement.
C. O&M COMPONENT: The Operations and Maintenance (O��)
Component of the Reclaimed 1�ater Unit Cost shall pay for the fix�d charges necessary for the operation and maintenance of the "Pilot" Reclaimed Water System by CALLEGUAS. The initial O&M Component shall be 520 per acre foot of reclaimed water delivered by CALLEGUAS to SIMI VALLEY.
The O&M Component of the Reclaimed Water Unit Cost shall be subject to annual adjustment. Effective each July 1st after the effective date of the Agreement { "Adjustment Date"), the PARTIES agree to adjust the O&M Component unit price per acre foot. The O&M Component adjustment will be made based upon a comparison of the Construction Cost Index {CCI) for the Los Angeles Region from the Engineering News Record for March of the current year and the CC I of the base year of March 1994 (6506). Said Calculation will be as follows:
Current Year CCi x S20.00 = Current Year O&M Unit Cost
6506
d. PUMPING COMPONENT: The Pumping Component of the
Reclaimed Water Unit Cost shall pay for the electrical costs necessary ta pump Ut.073.Si!\ls
13 reclaimed water from the Release Point to the terminus of CALLEGUAS's facilities.
The initial Pumping Component of the Reclaimed Water Unit Cost shall be SJO per acre foot of reclaimed water delivered by CALLEGUAS to SIMI VALLEY.
The Pumping Component of the Reclaimed Water unit costs shall be subject to annual adjustment. Effective each July 1st after the effective date of the Agreement ("Adjustment Date''), the PARTIES agree to adjust the Pumping Component unit cost per acre foot to reflect the actual price for electricity charged by Southern California Edison to CALLEGUAS •,ihich SIMI VALLEY will pay to CALLEGUAS until the next succeeding Adjustment Date.
e. Payments to CALLEGUAS by SIMI VALLE'/ for reclaimed water shall be based on the quantity of reclaimed water delivered by SIMI VALLEY to satisfy customer demands. Payments shall be made to CALLEGUAS monthly during the term of this Agreement. Payments due on or about the 30th of each month shall be for the month preceding, measured from the 1st through the end of the preceding month. Payments to CALLEGUAS will commence the month following the first full month that reclaimed water is delivered for the Simi Valley ''Pilot' Reclaimed Water Project.
13. CALLEGUAS warrants it is familiar wi:� applicable state statutes and regulations regarding permitted uses and monitoring those uses of reclaimed water and agrees to enforce said statutes and regulations with its purveyors in a manner that will not jeopardize SIMI VALLU's permit from the California Regional Water Quality Control Board and agrees to report its actions to SIMI VALLEY as may be required to protect SIMI VALLE'/' s permit from the California Reoional 'dater Quality Control Board.
14. CALLEGUAS shall have access to the records of SIMI VALLEY at all times during the term of this Agre·ement concerning the quality of water discharged by SIMI VALLEY. CALLEGUAS, at its sole cost and expense, may test the water quality at the metering device and provide whatever testing and monitoring CALLEGUAS feels is required to assure the quality of water at the release point.
15. SIMI VALLEY agrees to defend, indemni fJ and hold harmless CALLEGUAS, its Board of Directors, and employees in the event any action or claim is made against CALLEGUAS because the reclaimed water fails to :neet the established standards for reel aimed water use. SIMI VALLE:'/' s obligation to cefend, indemnify and hold harmless CALLEGUAS, shall be discharged by SIMI VALLEY evidencing that the reclaimed water has met the established standards set forth in Title 22 of the California Code of Regulations. Should any action be filed or proceeding initiated to challenge SIMI VALLEY's appronl, execution, or Ul.073.SR\ls
14 implementation of this Agreement, SIMI VALLEY shall have the sole discretion to defend against that action or proceeding or to rescind this Agreement.
16. CALLEGUAS agrees to defend, indemnify, and hold harmless SIMI VALLEY, its Board of Directors and employees from any claim arising out of CALLEGUAS' feasance or non-feasance related to wholesaling reclaimed water to its purveyors.
17. SIMI VALLEY shall not be obligated to purchase a minimum quantity of reclaimed water under this Agreement.
18. SIMI VALLEY and CALLEGUAS will share on an equal basis all credits towards water rationing allocations provided by the Metropolitan Water District of Southern California under its drought management program.
19. Subject to the provisions indicated herein, this Agreement shall become effective upon execution and shall run for a term of twenty-five (25) years from the date of execution by the PARTIES. The Agreement will automatically terminate if the Simi Valley ''Pilot' Reclaimed Water Distribution Project is not constructed within five years of the date of execution of this Agreement. Notwithstanding the foregoing, the PARTIES, by mutual consent, may extend the term of the Agreement for additional five year periods.
20. This Agreement is solely for the benefit of the PARTIES and is not intended and shall not confer any rights upon any parties not a party to this Agreement.
21. Government Code
This Agreement shall not impose a mandatory duty under
Section 815.6 · or otherwise, nor shall any portion 'hereof be construed to constitute a statute, ordinance, or regulation within the meaning of Evidence Code Section 669.
22. At any time after t•11enty-five (25) years from the date of execution of this Agreement, SIMI VALLEY may, at its sole option, purchase from CALLEGUAS those portions of the Wholesale Facilities that are located within SIMI VALLEY's service area and are not essential for CALLEGUAS's delivery of reclaimed water outside of SIMI VALLEY's service area. The purchase price shall be based upon the original construction cost of said facilities reduced by t•110 (2) percent per year of operation of said facilities, reduced further by five (5) dollars per acre foot of Released Water purchased by SIMI VALLEY from CALLEGUAS during the term of this Agreement. Notice of intent to purchase the Wholesale Facilities shall be provided by SIMI VALLEY to CALLEGUAS at least 120 days prior to said purchase.
Ul.073.SR\ls
15 .. . �
(
--
10 ,,
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
ATTEST: CITY OF SIMI VALLEY,
�-«�< tY. /?ik:�
Alice K. Recto"if'do, Assistant
City Clerk/District Secretary
APPRCVEO AS TO FORM:
APPROVED AS TO CONTENT:
M. L. Koester, District Manager
Connie Henes-8aird
Support Services Administrator
Ronald C. Coons, Director
Department of Public Works
A Municipal Corporation
By:
VENTURA COUNTY WATERWORKS DfSTRICT NO. 8
A Municipal Co /oration
By:
SIMI VALLEY COUNTY SANITATION DISTRICT
A Municipal Corporation
By:��j)�. B.tlL,OAVIS, CHAIR OF THE SIMI
VALLEY COUNTY SANITATION DISTRICT
CALLEGUAS MUNICIPAL WATER DISTRICT
APPROVED AS TO FORM:
--;-- >" r,, (;· / " �
/�,�-�'
_...,u
_-� :;01 ... � r � � ...... \ nr I , (, ,,,,...,.::s \.:,,,� District Legai Counse1 By:
Donald R. Kendall
General :\Tanager
Calleguas Ylunicipal Water
District
Ul.073.SR\ls
.CALLEGUAS MUNICIPAL WATER DISTRICT
/;} ,.. ,, � IJ'i
By: '-0�-h1.-XXJNl,U)�c;gcx �--�l
Donald G.
� �c?<L»C
Hauser, Director
?>
�0&X::®IIX.DXiKIK CALLEGUAS MUNICIPAL
ER DI s: c; I(\/\ nn
By: �V-;4-�
PATRICK H. MILLt.R
PRESIDENT OF THE BOARD OF OIRECTORS 1
CALLEGUAS MUNiCIPAL WATER DISTRICT
16 AMENDMENT NO. 1
AGREEMENT REGARDING THE PILOT RECLAIMED WATER
SYSTEM PROJECT FOR THE PURCHASE AND SALE OF
RECLAIMED WATERAMONG CALLEGUAS MUNICIPALWATER
DISTRICT, THE CITY OF SIMI VALLEY AND VENTURA
COUNTY WATERWORKS DISTRICT NO. 8
THIS AGREEMENT is made and entered into in the City of Simi Valley on this /f'day of ::fvde..,,, 2001, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California, hereinafter referred to as "CALLEGUAS", and the CITY OF SIMI VALLEY and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a California General Law City and County Waterworks District respectively, hereinafter collectively or separately referred to as "SIMI VALLEY." CALLEGUAS and SIMI VALLEY shall hereinafter be collectively referred to as "PARTIES." WITNESSETH:
WHEREAS the construction of the Simi Valley Pilot Recycled Water System Project is now completed pursuant to the terms of that agreement entitled "AGREEMENT
REGARDING THE PILOT RECLAIMED WATER SYSTEM PROJECT FOR THE PURCHASE
AND SALE OF RECLAIMED WATER AMONG CALLEGUAS MUNICIPAL WATER
DISTRICT, THE CITY OF SIMI VALLEY, SIMI VALLEY SANITATION DISTRICT, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8" dated November 21, 1994 (hereinafter "Original Agreement").
WHEREAS, On December 11, 1995, the City Council of the City of Simi Valley passed resolution 95-122, thereby merging the Simi Valley County Sanitation District with the City of Simi Valley.
WHEREAS, the PARTIES are dedicated to efficient, cost effective, and reliable operation of the pilot recycled water system project.
WHEREAS, the locations and operational parameters of the project facilities described in the original agreement have been established and can be more clearly defined at this time.
WHEREAS, SIMI VALLEY has staff on site who are qualified to operate and maintain the project pump station and hydropneumatic tanks, and tools and equipment appropriate for such work.
WHEREAS, CALLEGUAS would need to transport the staff, equipment, and materials to the site to maintain the pump station and hydropneumatic tanks.
WHEREAS, the operation of the project pump station and hydropneumatic tanks will need to be coordinated with the operation of the Simi Valley Wastewater Treatment Plant.
WHEREAS, SIMI VALLEY's on site staff could respond immediately to mechanical failures or changes in water quality which could occur in the course of facility operations.
WHEREAS, the PARTIES jointly have determined that the project pump station and hydropneumatic tanks would be operated and maintained most efficiently, cost effectively, and reliably by SIMI VALLEY staff who work at the Simi Valley Wastewater Treatment Plant.
UJOJ4.SR*
17 NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the PARTIES hereto agree as follows:
l. Section 3 of the Original Agreement shall be deleted in its entirety and the following revised Section 3 shall be added:
"3. CALLEGUAS shall construct and SIMI VALLEY shall operate and maintain a metering device at the point of release of its recycled water to CALLEGUAS, capable of measuring the quantity of recycled water which is released to CALLEGUAS. This "Release Point" shall be located immediately downstream of the flow meter vault on the 24" diameter pipeline downstream of the recycled water pump station at the Simi Valley Wastewater Treatment Plant. Records of daily releases shall be made available to CALLEGUAS on a monthly basis."
2. Section 4 of the Original Agreement shall be deleted in its entirety and the following revised Section 4 shall be added:
"4. Delivery of recycled water to SIMI VALLEY will be from the terminus of CALLEGU AS facilities located adjacent to the Simi Valley Landfill. Within their respective realms of responsibility, the parties will use their best efforts to maintain a consistent minimum average hydraulic gradient of forty (40) pounds per square inch (psi) at the service connection."
3. Section 5 of the Original Agreement shall be deleted in its entirety and the following revised Section 5 shall be added:
"5. CALLEGUAS will own and be responsible for the design, permitting, construction, and rights-of-way of all Wholesale facilities. For the purposes of this Agreement, Wholesale facilities are defined as all the facilities needed to deliver recycled water from the Simi Valley Wastewater Treatment Plant up to the Simi Valley Landfill area including but not necessarily limited to pipelines, pump stations, and water tank(s). SIMI VALLEY will be responsible for operations and maintenance of all Wholesale facilities upstream of the Release Point at the Simi Valley Wastewater Treatment Plant, which include diversion valves, a recycled water pump station, hydropneumatic tanks, a metering device, and related piping, appurtenances, and instrumentation. CALLEGUAS will be responsible for operations and maintenance of all Wholesale facilities downstream of the Release Point at the Simi Valley Wastewater Treatment Plant, which include pipeline and appurtenances downstream of the metering structure at the Simi Valley Wastewater Plant and upstream of the retail water meter vault at the Simi Valley Landfill."
4. Section 10 of the Original Agreement shall be deleted in its entirety and the following revised Section 10 shall be added:
"I 0. For the purposes of this Agreement, the term "Released Water" shall be defined as the recycled water purchased by CALLEGU AS from SIMI VALLEY at the Release Point. In addition, "Released Water" shall be defined as the recycled water purchased by SIMI VALLEY from CALLEGUAS at or near the terminus of CALLEGUAS's Wholesale Facilities."
5. Section 11 of the Original Agreement shall be deleted in its entirety and the following revised Section 11 shall be added:
UI0/4.SR*
18 " 11. For the purposes of this Agreement, and in consideration of the promises set forth herein, CALLEGUAS will pay to SIMI VALLEY an initial unit price of$129.64 per acre foot based on the volume of Released Water delivered by SIMI VALLEY to CALLEGUAS and recorded at the Release Point. This unit price shall consist of three (3) price components:
Released Water Base Component
Simi Valley Operations & Maintenance Component
Pumping Component
Total Released Water Unit Cost
$79.00
$20.64
$30.00
$129.64
a. RELEASED WATER BASE COMPONENT: The initial unit price of this component shall be $79. 00 per acre-foot. Effective each June 1st after the effective date of this Amendment No. 1 to the Agreement ("Adjustment Date"), the PARTIES agree to adjust the unit price per acre-foot of Released Water. This adjustment will be made based on a comparison of the difference per acre foot between the current cost of Metropolitan Water District of Southern California's (MWD) Full Service Water Rate (FSWR) and the MWD FSWR of the base year effective July 1, 2000 ($431/ AF). Said Calculation shall beas follows:
[Current Year FSWR - Base Year FSWR ($431)] + $79.00
= Current Year Released Water Unit Cost per Acre Foot
b. SIMI VALLEY O&M COMPONENT: The Simi Valley Operations and Maintenance (O&M) Component of the Released Water Cost shall pay for the fixed charges necessary for the operations and maintenance of the Wholesale Facilities for which SIMI VALLEY is responsible. The initial Simi Valley O&M Component shall be $20.64 per acre-foot of recycled water released by SIMI VALLEY.
The Simi Valley O&M Component of the Recycled Water Unit Cost shall be subject to annual adjustment. Effective each January 1st after the effective date of Amendment No. 1 to the Agreement ("Adjustment Date"), the PARTIES agree to adjust the Simi Valley O&M Component unit price per acre-foot. The Simi Valley O&M Component adjustment will be made based upon a comparison of the Construction Cost Index (CCI) for the Los Angeles Region from the Engineering News Record for September of the current year and the CCI of the base year of September 2000 (7069.22). Said Calculation will be as follows:
Current Year CCI x $20.64 = Current Year O&M Unit Cost
7069.22
c. PUMPING COMPONENT: The Pumping Component of the Recycled Water Unit Cost shall pay for the electrical costs necessary to pump recycled water through the recycled water pump station at the Simi Valley Wastewater Treatment Plant at a sufficient hydraulic gradient to maintain system pressure. The initial Pumping Component of the Recycled Water Unit Cost shall be $30 per acre-foot of recycled water delivered by SIMI VALLEY to CALLEGUAS.
The Pumping Component of the Recycled Water unit costs shall be subject to annual adjustment. Effective each January 1st after the effective date of Amendment No. 1 to the Agreement(" Adjustment Date"), the PARTIES agree to adjust the Pumping Component unit cost per acre foot to reflect the actual price for electricity charged by Southern California UJOJ4.SR*
19 Edison to SIMI VALLEY which CALLEGU AS will pay to SIMI VALLEY until the next succeeding Adjustment Date.
d. The Adjusted Unit Price of Released Water determined by adding the three adjusted components shall then be the amount per acre-foot which CALLEGUAS shall pay to SIMI VALLEY until the next succeeding Adjustment Date. e. Payments for Released Water shall be made by CALLEGUAS to SIMI VALLEY monthly during the term of this Agreement. Payments due on or about the 15th of each month shall be for the month preceding, measured from the 1st through the end of the preceding month.
6. Section 12 of the Original Agreement shall be deleted in its entirety and the following revised Section 12 shall be added:
"12. The Pilot Project is in the service area of SIMI VALLEY.
CALLEGUAS will make available to SIMI VALLEY recycled water at a service connection at or near the terminus of CALLEGUAS's wholesale facilities. For the purposes of this Agreement, and in consideration of the promises set forth herein, CALLEGUAS and SIMI VALLEY agree to an initial Recycled Water Unit Cost of $360. 73 per acre-foot of recycled water delivered by CALLEGUAS to SIMI VALLEY through the service connection. The initial Recycled Water Unit Cost per acre-foot shall consist of three (3) price components:
Capital Facilities Component
Released Water Component
Calleguas Operations and Maintenance Component
Total Recycled Water Cost
$230.00
$129.64
$1.09
$360.73
a. CAPITAL FACILITIES COMPONENT: For the purposes of this Agreement, the Capital Facilities Component of the Recycled Water Unit Cost shall pay for the capital expenditures necessary to construct the Wholesale water facilities. This unit cost of the Capital Facilities Component of the Recycled Water Unit Cost shall remain fixed ($230 per acre foot) over the term of this Agreement.
b. RELEASED WATER COMPONENT: The Released Water
Component of the Recycled Water Unit Cost shall pay for the cost to purchase Released Water as described in Section 11 of this Agreement. The initial unit cost of the Released Water Component shall be $129. 64 per acre-foot. The Released Water Component shall be subject to annual adjustments as described in section 1 la through 1 ld of this Agreement. c. CALLEGUAS O&M COMPONENT: TheCalleguasOperations
and Maintenance (O&M) Component of the Recycled Water Unit Cost shall pay for the fixed charges necessary for the operation and maintenance of the Wholesale Facilities for which CALLEGUAS is responsible. The initial Calleguas O&M Component shall be $1.09 per acrefoot of recycled water delivered by CALLEGU AS to SIMI VALLEY.
The Calleguas O&M Component of the Recycled Water Unit Cost shall be subject to annual adjustment. Effective each January 1st after the effective date of Amendment No. 1 to the Agreement ("Adjustment Date"), the PARTIES agree to adjust the Calleguas O&M Component unit price per acre-foot. The Calleguas O&M Component adjustment will be made based upon a comparison of the Construction Cost Index (CCI) for the Los Angeles Region UI014.SR*
20 from the Engineering News Record for September of the current year and the CCI of the base year of September 2000 (7069.22). Said Calculation will be as follows:
Current Year CCI x $1.09 = Current Year O&M Unit Cost
7069.22
d. The Adjusted Unit Price of Recycled Water determined by adding the three adjusted components shall then be the amount per acre foot which SIMI VALLEY shall pay to CALLEGUAS until the next succeeding Adjustment Date. e. Payments to CALLEGUAS by SIMI VALLEY for recycled water shall be based on the quantity of recycled water delivered by SIMI VALLEY to satisfy customer demands. Payments shall be made to CALLEGUAS monthly during the term of this Agreement. Payments due on or about the 30th of each month shall be for the month preceding, measured from the 1st through the end of the preceding month. Payments to CALLEGUAS will commence the month following the first full month that recycled water is delivered for the Simi Valley "Pilot" Recycled Water Project."
7. All references to the terms "Reclaimed Water" and "Recycled Water" contained in the Agreement and the Original Agreement shall be deemed to mean the same thing and shall be used interchangeably.
8. To the extent applicable, the PARTIES acknowledge and waive the automatic five year termination provision set out in Section 19 of the Original Agreement.
9. Except as otherwise amended herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
U1014.SR*
21 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest:
0JLU..�� Alice K. Redo
Assistant City Clerk/District Secretary
Approved .as to Form:
City Attorney /District Counsel
Approved as to Content:
Mike Sedell
City Manager / District Manager
Comrie Henes-Baird
Depu Director / Support Services
City of Simi Valley
Simi Valley, California
�:�✓� iiavls;Mayor of the City of
Simi Valley, California
CALLEGUAS MUNICIPAL WATER DISTRICT
By:
Ted Grandsen
President of the Board of Directors
By:
Donald R. Kendall
General Manager
U1014.SR*
22 AMENDMENT NO. 2
AGREEMENT REGARDING THE PILOT RECLAIMED WATER SYSTEM PROJECT FOR THE PURCHASE AND
SALE OF RECLAIMED WATER AMONG CALLEGUAS MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8
THIS AGREEMENT is made and entered into in the City of Simi Valley on this 2 nd day of February,
2015, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California, hereinafter referred to as "CALLEGUAS," and the CITY OF SIMI VALLEY and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a California General Law City and County Waterworks District respectively, hereinafter collectively or separately referred to as "SIMI VALLEY." CALLEGUAS and SIMI VALLEY shall hereinafter be collectively referred to as "PARTIES."
RECITALS
WHEREAS, the PARTIES entered into the AGREEMENT REGARDING THE PILOT
RECLAIMED WATER SYSTEM PROJECT FOR THE PURCHASE AND SALE OF RECLAIMED WATER AMONG
CALLEGUAS MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8, dated November 21, 1994 (hereinafter "Original Agreement").
WHEREAS, the PARTIES entered into AMENDMENT NO. 1, dated June 18, 2001 (hereinafter "Amendment No. 1"); and
WHEREAS, since Amendment No. 1 was executed, it was determined that the meter adjacent to the "Release Point" was too large to accurately measure flow and the PARTIES have used the retail meter located in the road to the Simi Valley Landfill for billing purposes; WHEREAS, SIMI VALLEY has recently extended the pipeline which was built by CALLEGUAS pursuant to the Original Agreement and wishes to connect new retail customers to that pipeline; and WHEREAS, the PARTIES wish to increase the use of recycled water to reduce the demand for limited imported supplies.
NOW THEREFORE, the PARTIES agree as follows:
1. The last sentence of Section 3 shall be deleted and replaced with the following: "SIMI VALLEY shall construct and operate metering devices at each location where recycled water is delivered to individual customers to measure the quantity of recycled water delivered.
The sum of the deliveries through these meters shall be the Released Water and is the basis of billing pursuant to this Agreement. Records of deliveries shall be made available to CALLEGUAS on a monthly basis."
2. The first sentence of Section 4 shall be deleted and replaced with the following: "Delivery of recycled water to SIMI VALLEY will be from the termini of the CALLEGUAS facilities."
3. The word "terminus" in Sections 10 and 12 shall be replaced with "termini." 23 4. The words "and recorded at the Release Point" shall be deleted from the end of the first sentence of Section 11.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written.
Attest:
Approved as to Form:
ge, City Attorney/District Counsel
Connie Henes-Baird
Deputy Director/Support Services
Calleguas Municipal Water District
Susan B. Mulligan
General Manager
U1503.AMEND.DB 2
City of Simi Valley, A Municipal Corporation
and Ventura County Waterworks Dist ict No. 8, A
Muni · al Corporat· n
er yor of the City of Simi Valley,
California, and Chair of Ventura County
Waterworks District No. 8
24 AMENDMENT NO. 3
AGREEMENT REGARDING THE PILOT RECLAIMED WATER SYSTEM PROJECT
FOR THE PURCHASE AND SALE OF RECLAIMED WATER AMONG CALLEGUAS
MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8
THIS AMENDMENT is made and entered on this 18th day of April, 2016, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California, hereinafter referred to as "CALLEGUAS," and the CITY OF SIMI VALLEY and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a California General Law City and County Waterworks District respectively, hereinafter collectively and separately referred to as "SIMI VALLEY." CALLEGUAS and SIMI VALLEY shall hereinafter be together referred to as "PARTIES."
RECITALS
WHEREAS, the PARTIES entered into the AGREEMENT REGARDING THE
PILOT RECLAIMED WATER SYSTEM PROJECT FOR THE PURCHASE AND SALE
OF RECLAIMED WATER AMONG CALLEGUAS MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8, dated November 21, 1994, as subsequently amended by AMENDMENT NO. 1, dated June 18, 2001 and AMENDMENT NO. 2, dated February 2, 2015 (collectively the "Amended Agreement"); and
WHEREAS, the Amended Agreement covers the operation of a recycled water system consisting of a pump station, pipeline, and appurtenances owned by CALLEGUAS and referred to in the Amended Agreement as the "Wholesale facilities"; and
WHEREAS, the Amended Agreement expires by its terms on November 21, 2019 (the "Termination Date"); and
WHEREAS, CALLEGUAS does not wish to extend the Amended Agreement and does not wish to own or operate the Wholesale facilities beyond the Termination Date; and
WHEREAS, SIMI VALLEY intends to acquire the Wholesale facilities from CALLEGUAS on or before the Termination Date, but in the meantime wants the ability to modify the Wholesale facilities to add pumping capacity and a potable water supplemental connection without having to obtain the prior review and approval of CALLEGUAS; and
WHEREAS, CALLEGUAS is willing to allow SIMI VALLEY to make such modifications prior to acquiring ownership of the Wholesale facilities, subject to the terms and conditions of this Amendment; and
WHEREAS, the Parties desire to further amend the Amended Agreement to address these matters;
NOW THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, the PARTIES agree as follows:
U1614.AMD.JH
25 1. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Amended Agreement.
2. The Amended Agreement is hereby further amended by adding a new subsection 5.1 as follows:
"5.1 Without the need for prior review or inspection by CALLEGUAS staff, SIMI VALLEY may make such modifications to the Wholesale facilities as it deems necessary and appropriate to add pumping capacity, to extend the recycled water distribution system, to add new customer service connections, and a potable water supplemental connection. All such modifications made by SIMI VALLEY are referred to collectively as the "Modifications". In connection with the foregoing, SIMI VALLEY covenants and agrees as follows:
(a) SIMI VALLEY is solely responsible for all costs and expenses related to the Modifications, including without limitation all construction costs, planning costs, permitting fees and expenses, and all other costs, fees, and expenses relating to the modifications;
(b) All modifications shall be completed in a good and
workmanlike manner using good quality materials and performed by licensed contractors and personnel appropriately trained and experienced in the work being performed;
(c) SIMI VALLEY is solely responsible for obtaining all permits, approvals, and consents required for commencement and completion of the Modifications, including without limitation any permit or approval required under the California Environmental Quality Act or from the California Regional Water Quality Control Board;
(d) SIMI VALLEY shall, at its sole cost and expense, promptly repair any and all damage to the Wholesale facilities, including any and all Modifications, caused by or related to the Modifications; (e) In addition to all of its obligations under the Amended Agreement, SIMI VALLEY is solely responsible for the operation and maintenance of the Modifications and compliance with all applicable laws, rules, and regulations relating to the Modifications; and
(f) SIMI VALLEY shall defend, indemnify, and hold harmless CALLEGUAS and its directors, officers, managers, employees, and agents, from all loss, liability, and claims of any kind arising out of or in connection with (1) SIMI VALLEY'S breach of, or failure to comply with or perform, any of its covenants or agreements contained in this Section 5.1; and (2) negligence or misconduct of SIMI VALLEY, its officers, directors, contractors, agents, or affiliates, with respect to the construction and operation of the Modifications. Such indemnity obligations· shall survive the termination of the Amended Agreement."
3. Except as expressly modified by this Amendment No. 3, all of the terms, conditions and provisions of the Amended Agreement remain unaltered and in full force and effect.
U1614.SR.JH 3
26 4. If any of the terms of this Amendment No. 3 conflict in any respect with any of the terms of the Amended Agreement, the terms of this Amendment No. 3 shall be controlling.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed the day and year first above written.
Attest:
Approved as to Form:
LonnieT. Ela ridge
City Attorney/District Counsel
Approved as to Content:
Connie Henes-Baird
Deputy'Director/Support Services
Calleguas Municipal Water District
Susan B. Mulligan, General Mana
U1614.SR.JH 4
27 AMENDMENT NO. 4
AGREEMENT REGARDING THE PILOT RECLAIMED WATER SYSTEM PROJECT
FOR THE PURCHASE AND SALE OF RECLAIMED WATER AMONG CALLEGUAS
MUNICIPAL WATER DISTRICT, THE CITY OF SIMI VALLEY, AND VENTURA COUNTY WATERWORKS DISTRICT NO. 8
This Amendment is made and entered on this 19th day of February, 2020, by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California (hereinafter referred to as "CALLEGUAS") and the CITY OF SIMI VALLEY, a California General Law City and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a Waterworks District (hereinafter collectively and separately referred to as "SIMI VALLEY").
CALLEGUAS and SIMI VALLEY shall hereinafter be together referred to as "PARTIES."
RECITALS
WHEREAS, the PARTIES have previously entered into: (1) the "Agreement Regarding the Pilot Reclaimed Water System Project for the Purchase and Sale of Reclaimed Water Among Calleguas Municipal Water District, the City of Simi Valley, and Ventura County Waterworks District No. 8" dated November 21, 1994; (2) Amendment No. 1 dated June 18, 2001; (3) Amendment No. 2 dated February 2, 2015; and (4) Amendment No. 3 dated April 18, 2016 (collectively the "Amended Agreement"); and
WHEREAS, the Amended Agreement covers the operation of a recycled water system consisting of a pump station, pipeline, and appurtenances owned by CALLEGUAS and referred to in the Amended Agreement as the "Wholesale facilities"; and
WHEREAS, the Amended Agreement expired by its terms on
November 21, 2019 (the "Termination Date"); and
WHEREAS, the PARTIES wish to extend the Amended Agreement.
NOW, THEREFORE, the PARTIES agree as follows:
1. The term of the Amended Agreement is extended by this Amendment No. 4 to November 21, 2021.
2. Except as expressly modified by this Amendment No. 4, all of the terms, conditions and provisions of the Amended Agreement remain unaltered and in full force and effect.
28 IN WITNESS WHEREOF, the PARTIES have caused this Amendment No. 4 to be executed the day and year first above written.
Attest: �Fan��JSZ: / )
City Clerk/District Secretary
Approved as to Form:
Lon�
City Attorney/District Counsel
Approved as to Content:
Calleguas Municipal Water District
c��(
Anthony Goff, General Manager
W2005.AMD.DB
t
2 City of Simi Valley
Simi Valley, Carfornia
Keith L. Mashburn, ayor of the City of
Simi Valley, Calif nia
Ventura County Waterworks Dis
8, A Municipal rporation
29 2
A2284.AMD.DB
REINSTATEMENT AND AMENDMENT TO AGREEMENT
REGARDING THE PILOT RECLAIMED WATER SYSTEM
PROJECT FOR THE PURCHASE AND SALE OF
RECLAIMED WATER AMONG CALLEGUAS MUNICIPAL
WATER DISTRICT, THE CITY OF SIMI VALLEY, AND
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
This Reinstatement and Fifth Amendment to Agreement is made and entered on this 12th day of September 2022, retroactively effective to November 21, 2021by and between CALLEGUAS MUNICIPAL WATER DISTRICT, organized under the Municipal Water District Act of 1911 of the State of California (hereinafter referred to as "CALLEGUAS") and the CITY OF SIMI VALLEY, a California General Law City and the VENTURA COUNTY WATERWORKS DISTRICT NO. 8, a Waterworks District (hereinafter collectively and separately referred to as "SIMI VALLEY"). CALLEGUAS and SIMI VALLEY shall hereinafter be together referred to as "PARTIES."
RECITALS
WHEREAS, the PARTIES have previously entered into: (1) the “Agreement Regarding the Pilot Reclaimed Water System Project for the Purchase and Sale of Reclaimed Water Among Calleguas Municipal Water District, the City of Simi Valley, and Ventura County Waterworks District No. 8” dated November 21, 1994; (2) Amendment No. 1 dated June 18, 2001; (3) Amendment No. 2 dated February 2, 2015; (4) Amendment No. 3 dated April 18, 2016; and (5) Amendment No. 4 dated February 19, 2020 (collectively the “Amended Agreement”); and
WHEREAS, the Amended Agreement covers the operation of a recycled water system consisting of a pump station, pipeline, and appurtenances owned by CALLEGUAS and referred to in the Amended Agreement as the "Wholesale facilities"; and ·
WHEREAS, the Amended Agreement expired by its terms on
November 21, 2021; and
WHEREAS, the PARTIES wish to reinstate the Amended Agreement retroactively effective to November 22, 2021, and further extend the term of the Amended Agreement for an additional five (5) years.
NOW, THEREFORE, the PARTIES agree as follows:
1. The Amended Agreement is hereby reinstated and is retroactively effective to November 22, 2021.
2. The term of the Amended Agreement is from November 22, 2021 to November 21, 2026. Payments/purchase made among the PARTIES for recycled water between November 22, 2021 and the execution of this Fifth Amended Agreement are hereby ratified.
DocuSign Envelope ID: CB076BA8-9EEC-44EB-A005-A73637F316D8 30 3
A2284.AMD.DB
3. Except as expressly modified by this Amendment No. 5, all of the terms, conditions and provisions of the Amended Agreement remain unaltered and in full force and effect.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment No. 5 to be executed the day and year first above written.
Attest:
Lucy Blanco
City Clerk/District Secretary
City of Simi Valley
Simi Valley, California
Keith L. Mashburn, Mayor of the City of
Simi Valley, California
Approved as to Form:
David L. Caceres
City Attorney/District Counsel
Ventura County Waterworks District
No. 8, A Municipal Corporation
Keith L. Mashburn, Chair of Ventura
County Waterworks District No. 8
Approved as to Content:
Brian Paul Gabler
City Manager/District Manager
Carolyn Johnson
Administrative Services Director
Ronald K. Fuchiwaki
Public Works Director
Calleguas Municipal Water District
Anthony Goff, General Manager
DocuSign Envelope ID: CB076BA8-9EEC-44EB-A005-A73637F316D8 31