HomeMy WebLinkAboutContracts & Agreements_7-1942 December 24, 1942
Public Defense Housing Authority,
County of San Borncrdino,
1038 Waterman Aven"e,
San Bernardino, California.
Att : Mr. George Black
Dear Mr. Black:
In regards to the water contract pending our sig-
natures, the Council of the City of Hedlarde d.es1res to
withhold the precution of this contract antil the funds
advanced, amounting to X341..04, for the orgiral survey
have boon paid.
You will rocal? that ;your Authority hap repeatedly
promised payment of these funds, but to date nothing
has been done.
Yours truly,
E. T. Fletcher,
Mayor.
C,.X, �
SPEC1iAI M� NO. 12
Rev. 2-23-42
W=u'�ER COivUMALC1
between
rn-r_,pLorations
and
San Bernardino County Housing Authority
This Agreement, made and entered into this 23rd day of December ,
19.�2 , between City of Redlands, a� rticrn`-Qrr�ed
a municipal corporation
-exirs-l�. gam_ -antl-by-ATtue-OfmtM-1 -.afs of the State of California,
hereinafter calked. the City and the
San Bernardino County Housing Authority, a public body
organized and existing under the laws of the State of California ,
hereinafter called the "Authority",
WITNESSETH:
WHEMA'S, the City is engaged 3n the business of
supplying water to customers irithin the Cit; of Redlands , and
WHEREAS, the Authority under the powers vested by the Housing Author-
ities Law is engaged in the construction and operation of a lover-sent hous-
ing project to relieve the serious lack of saf e and sanitary duelling ac-
commodations for families of the lowest income; and
1f the vendor is a department of the municipality, omit the ucrds "a cor--
portation organized and existing under and by virtue of the laws of the
State of 't and- insert appropriate descriptive language
of this contracting party in lieu thereof.
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WHEREAS, the dwellings constructed by the Authority shall be elected
in that area of the City of Redlands which is bounded by
-BYZ+b R+rraafi on the east, b;j��ra,n� j+'X•r t
on the gest, by___QErn;n JXZnUe
on the south, and by on the north;
and
WHEREAS,ES, the City proposes to furnish mater
services to ouch housing project for use by the tenants thereof and bar the
Authority; and.
WHEREAS, the Authority desires to purchase grater services from the
City to supply such housing project; and
WhERE_AS, the City desires to supply the Authority
with water services to be used by the Authority and the tenants of the
housing project, and
NEEREAS, all parties to this contract have duly authorized its execu-
tion,
NOW, THEREFORE, in consideration of the mutual covenants herein con-
tained and other good and valuable consideration, the parties agree as
follows:
1. Supply of 'later. The City , will, from
the date of initial delivery to the date of e._pirataor of this contract ox
any renewal thereof, suppl.v the gate= requirements of the Authority and the
tenants of the housing project.
2. Determination of Date of Inazaal Delivery. The date of initial de-
livery hereunder shall be the date on which the
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first furnishes mater to the Authority at the project site after proper
notice in writing from the Authority in accordance with Section 3.
3. Notice to Commence Deliver-r. The City
shall be authorized and required to make initial dellvezy upon_
one days written notice from the Authority.
4. Term of Contract. This contract snail be deemed to be effective
from the date of execution hereof and shall continue an full force and ef-
fect for a period of______50 -Years. At the enol of such period or
any renewal period, as hereinafter provided, without further action by
either of the parties hereto, tno contract shall be renewed and continued
in full force and effect for an additional term of "Cars,
unless either of the parties hereto shall on or before
days paaor to the expiration of ant such period Eive written notice to the
other parte that said contract shall not be so renewed, Provided, however,
that all obligations of the parties hereto wits regard to the rendivion of
3
service and payment therefor shall commence from the date of initial do-
livery as defined in Section 2 hereof.
5. mains and Meters. The 01tY agrees to
furnish, install and ;maintain in proper working order water =.Hain, of ample
and sufficient size to the metering point or points of the project, and to
furnish, install and maintain an proper working order the necessary master
meter or meters for the project, without cost to the Authority.
6. Accuracy of Dieters. The meters used in determining the amount of
water supplied hereunder shall, bI comparison with accurate standards, be
tested and calibrated b;; the City at intervals of not to
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exceed Twelve months. If any, meter shall be found inaccurate or incorrect,
it shall be restored to an accurate condition or a new meter shall be sub—
stituted by the City . The Authority shall have the right
to request that a special meter test be made at any time. If any test made
at the Authority' s request discloses that tie meter tested is registering
correctly, or within tip of normal, the Authoritj shall bear the expense of
such test. The expense of all other tests shall be borne by the
a ty . The results of all such tests and calibrations shall
be open to examination b` the Authority and a report of every test shall
be furnished immediately to the Authority. If the meter is tested and
found to be not more than 2`� above or below normal it shall be considered
to be correct and accurate, in so far as coirecticn of billing; is concerned.
If as a , esult of eny such test said meter is found to register a vazxation
in excess of 2% from -formal, corroction shall be made in tic billi., , but
no such correction shall oxto-ad beyond ninety (30) days previous to the da
on which the inaccuracy is d.iscovored by test. The correction should be
based on rhe assumption that the consumption was the same as for the most
nearly comparable periods of like operation (to be agreed upon b,,T the
parties he?eto) during which service was ccrrectl�r metered.
7. Rates
Minimum 15600 cu. f t. $12. 50
Next 4400 cu. ft. 9, 50 per hundred cu. ft.
Above 20000 cu. ft. @ 30 per hundred cu. ft.
The above applies to a 4 inch meter.
The Gity agrees to cha,ige the Auzhorrty and the
Authcrit,; agrees to pa47 the City for water services
furnished to the Authority under the teras hereof on a monthly basis as
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provided in Section 10, at the rates agreed to herein or any amendment or
revision thereof, less a discount of No Disreountoer cent if payment
for services hereundor is made within days from date of
billing. It is understood that if more than one mastei meter is doomed
necessary to register the consumption of nater for said housing project
the readings of all such master motors will be totalized and considered as
one for the purpose of rates and billing an agreed to herein.
S. Amendment of Contract. Wthing in this contract shall be deemed
or construed to preclude the Authority and tae City
from changing, amending, or revising the rates agreed to herein, provided
the parties hereto shall mutually agree ukon said change, amendment or re-
vision. If the City shall reduce the general rates for mater
service in the Cit— of City , the sates hey ein named
shall be reduced in proportion to vich reduction.
9. Had.ing of Meters. The meters and metering; equipment and instru-
ments shall be read monthly by a representative of the
and a ropresentative of the Authoiity. The CW)r and the
Authority- shall agree upon a date or dates upon which the meters shall be
read for billing purposes This dato shall be the samo for each month of
the rear unless said date falls on Sunday os a holiday, in which case the
reading shall to mado on the does_ following thr Sunday or 1,ioliday.
10. Billinp and Payment. The period of time elapsing between monthly
readings shall constitute the mouthy= billing perioa. Wthin ten dgys fol-
lowing meter readings for crater service the City
shall render a bill to the Authority. PaFment o, said bill shall be mode
on or before the tenth dqx followinE the date of rendition, due allowance
being made when the tenth day falls on Sunda.; or a lege holiday.
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11. Penalties for Yon-payment. If any bill is not paid within thirty
(30) da;Ts after the tenth day folloNing the date of rendition, it shall be
considered in default, and the City may, at its
Option and without liability therefor, suspend service to the Authority
ten days after giving notice in writing of its intention to do
so. Suspension of service for such cruse shall not discharge or acquit the
Authority of its obligations, or any obligations, under this agreement, nor
shall such suspension exclude the City from any
remedy which it may have at law, or in equity, to enforce any of the provi-
sions of this contract. We City shall have the right
to cancel this agreement for non--payment of any bill when due, provided,
however, said thirty days have elapsed, said written notice has been given
and the time granted thereby has elapsed and said bill continues to remain
unpaid. In the event of such cancellation the parties shall be released
from all obligations hereunder.
12. Standard of Service. The water to be furnished under the terms
of this contract ,;hall be of good, clear and wholesome quality.* It shall
be supplied in quantities sufficient for all the purposes and needs of the
housing pro j eot and the tenants thereof. The
shall use all reasonable diligence in pioviding a constant and uninterrupted
supply of mater service from the date of initial deliveiy, but the
--any shall not be liable to the Authority, nor shall the Author-
ity be liable to the CITY hereunder by reason of failure
' Hand approved b: the regulatory public health authorities." shall be added
whet e provision is made for such approval by state lam.
83466 h 6
of the City__ __ to deliver oz the Autlorit; to reccive mater
service as the result of fire, strike, riot, explosion, flood, accident,
breakdown, acts of God, or the public enemy, or other acts beyond the con-
trol of the party affected; it being the intention of each part7 to relieve
the other of the obligation to supply water service or to receive and pawn
for eater service when, as a result of any of the auove mentioned causes,
either paaQ may be unable to deliver or use in whole or in part the water
scrvlac ho3cin agreed to be delivered and received. Both parties shall bo
prompt and diligent in removing and overcorra,- , suds cause or causes of said
interruption, but nowhing heroin contained sht.11 be construed as permitting
the City to refuse to deliver or the Authority to
refuse to receive mazer service after such cause of interruption has been
removed. In case of impaired or defoctivo service, tho Authority shall im-
mediately givo notice to the nearest office of the City
by tolophanc or otherwise, confirming guch notice in writing as soon there--
after as practicable.
13. Rinsts of Utility.
(a) The Authority hereby grants to the City at
all reasonable hours, bT its dulo authorized agents and employees, the free
right of ingress to and egress from the premises of tn.e Authority for the
purpose of inspecting, repa.irinG, replacing; or i emoving the property of the
Citi' , of reading; meters, or of performing any work
incidental to the supplying; of all service hej eby contracted for.
(b) Tho City shall have the right to contract
with and ronder water service to individual commercial consumers on the proj-
ect, but no such contract shall be entered into without tno approval of the
Autnority in writing.
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(c) Tho 01ty 003 have tho riLht to shut
off the supply of watior to tnc Authority, Tithout notice, only in cases of
emergency. If the IL_ shall find it necessary to shut
off the supply of water to tho Authority to mete replacements or repairs, of
for other reason, and no emergency exists, the City
KaU gave; the Authoritu reasonable notice of its intentions, including the
approximate time and duration of such interruption of service.
14. liability for Damage. The City shall indem-
ni y and save harmless the Authority- from all damage arising from the de-
fault of negligence of the City for its failure to
execute anj of the provisions hereof.
15. Special provi ions.
NON
16. This agreement shall be binding upoP the successors or legal as-
signs of either of the parties n.ereto; proviNd, however, that no sale,
transfer or assignment of thin contract or any right thereunder shall be
made by the City without the consent of the Authority.
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17. Previous Contracts Suporsodod. This agreement supersedes all
previous contracts or representations, either written or verbal, hereto-
fore in effect by and betwoen tho City and the Au-
thority with respect to matters herein contained, and constitutes the sole
contract 1�7 and between the parties hereto concrerning, those matters.
I-K WITNESS MiMFMF, the CITY OF RFDLAMS, and
the San Bernardino County Housing Authority
have caused this at;rocmant to be oxocuted ana attested by their duly author-
ized officers on the day and date as written above.
CITY OF RRDIJJM, , a muni o 1pal
corporation,
BY
Mayor,
ATTEST:
City Clerk of the City of
Redlands.
3Y
ATTEST.,
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