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HomeMy WebLinkAboutContracts & Agreements_30-1987_CCv0001.pdf MUTUAL AID STANDBY WATER AGREEMENT BETWEEN THE CITY OF REDLANDS AND THE CITY OF LOMA LINDA This Agreement is made and entered this 15th day of September -, 1987, by and between the CITY OF REDLANDS, a Municipal Corporation, hereinafter referred to as "Redlands," and the CITY OF LOMA LINDA, a Municipal Corporation, hereinafter referred to as "Loma Linda. " RECITALS WHEREAS, it is to the mutual advantage and in the best interests of Redlands and Loma Linda, both operating water utilities, so far as their mains, service requirements to existing customers, supply, and situations permit, to have a mutual aid standby water agreement whereby in case of emergencies, either can avail itself of the emergency water standby service of the other for the benefit of their respective consumers; and WHEREAS, Redlands and Loma Linda desire to enter into such a mutual aid standby water agreement 'Co serve one another during emergencies on the terms and conditions hereinafter set forth; NOW, THEREFORE, it is agreed by and between the Cities of Redlands and Loma Linda as follows : AGREEMENT 1. Emergency. An emergency shall mean any unforeseen circumstance or combination of circumstances such as the inability to pump due to loss of power, broken water mains, a major fire, earthquake or such other occurrence which results in the inability of either Redlands or Loma Linda to provide water service to a portion of their respective water systems. 2. Obligations of Redlands. A. Redlands shall maintain in good working order and operational condition, an existing eight (8) inch standby water service located on the west side of Mt. View Avenue, north of Redlands Boulevard for temporary use by Loma Linda during emergencies which arise in the Loma Linda water system. Such emergency service shall be provided by Redlands to Loma Linda to the extent that Redlands ' water mains, pressure, and existing services will permit, with due regard to the rights of the water consumers of Redlands first being met. B. The existing Redlands eight ( 8) inch standby water service connection and the double check valve backflow prevention assembly now in service near the intersection of Redlands Boulevard and Mt . View Avenue shall remain in the system of Redlands for use by Loma Linda for standby emergency water service as long as such connection and assembly are useful and necessary to the Redlands water -2- system. Said connection was installed by Redlands and shall remain the property of Redlands. 3. Qb2jgatj.t� Qf Zoom A. Loma Linda shall furnish and maintain in good working order and operational condition, a six (6) inch standby water service to Redlands for temporary use by Redlands during emergencies which arise in the Redlands ' water system. Such emergency service shall be provided by Loma Linda to Redlands to the extent that Loma Linda water mains, pressure, and existing services will permit, with due regard to the rights of the water consumers of Loma Linda first being met. B. This six (6) inch standby water service with meter and backflow prevention assembly shall be installed by Loma Linda at the Redlands connection near the intersection of Redlands Boulevard and Mt. View Avenue. Prior to deter- mining the exact location of this service connection, the City of Loma Linda will consult with the City of Redlands and receive its input. The six (6) inch meter, double check valve backflow preventor and valves shall be furnished, installed, and maintained in good working order and opera- tional condition by and at the expense of Loma Linda. The six (6) inch piping and connection to Loma Linda's present system and the six (6) inch meter, double check backflow preventor and gate valves shall reinain the property of Loma Linda. 4. PAyDer ,,t f-o-r _Ezuex_c�e kIA_t_e_r_ Service. Each City shall pay the other for emergency water which it -3- receives at the time of receipt of such water and at the rate equal to the other City' s production cost. 5. Requests for Service. Each City shall provide to the other the name, address, telephone numbers and title of each person authorized to respond to a request for emergency water service under this Agreement . Detailed procedures shall be determined by each City ' s water utility department regarding requests and responses, maximum and minimum delivery pressures, maximum flow rates, water quality at time of delivery, notifications and any other operational considerations affecting this Agreement. 6. At such time as the six ( 6) inch emergency standby by-pass contemplated in Section 3 for Redlands is in service, Loma Linda shall cease paying Redlands the bi-monthly rate for the existing standby water service. Redlands shall not be obligated to pay any standby charges to Loma Linda. 7. Interest in Water Systems . No claim, right, title or interest in water supplied under this Agreement, other than the contractual interest established in this Agreement, shall be acquired by either City in the other ' s water or water system. 8. Indemnification. Redlands shall defend, indemnify and hold harmless Loma Linda, its elected offi- cials and employees , from and against all claims, liens, encumbrances, actions, loss, damages , causes of action, -4- expense and liability, including court costs and attorneys ' fees arising out of or resulting from the negligent acts or omissions of Redlands, its elected officials and employees in the performance of this agreement . Loma Linda shall defend, indemnify and hold harmless Redlands, its elected officials and employees, from and against all claims, liens, encumbrances, actions, loss, damages, causes of action, expense and liability, including court costs and attorneys ' fees, arising out of or resulting from the negligent acts or omissions of Loma Linda, its elected officials and employees in the performance of this agreement . 9. Successors and Assigns/Termination. This agreement shall be binding upon the successors and assigns of the parties hereto and shall remain in effect indefi- nitely; provided, however, either party may terminate this agreement by providing the other party with six (6) months ' prior written notice of such party' s intention to terminate this agreement. 10. Termination of Prior Agreements. The agreement dated June 9 , 1975 between Redlands and Loma Linda relating to water service shall terminate upon execution of this Agreement. 11. Assignment . This Agreement shall not be assigned, conveyed or hypothecated without the mutual consent of the parties hereto. 12. Attorney ' s Fees. In the event any legal -5- action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorney' s fees . IN WITNESS WHEREOF, the parties hereto have caused their corporate names to be subscribed hereto by their officers, upon authorization of their respective City Councils, and have caused their corporate seals to be affixed this 16th day of September 1987 . eye By: Mayor , City of Redlands ATTEST: C11-y clerk, Cl t £ Redlands By: May'rqk.- City of Loma Linda ATTEST: 1j^ City Clerk, Ciof Loma Linda -6- DJM0167