90-012 City of Sunnyvale, Interconnect of Water Systems for Emergency ServicesRESOIDTION NO. 8137
A RESOIDTION OF THE CITY OOUNCIL OF THE CITY OF ctJPERI'INO
AUTHORIZING EXEa.JTION OF AGREEMENT WITH THE CITY OF SUNNYVALE
PROVIDING FOR INTEROONNEcr OF WATER SYSTEMS FOR EMERGENCY i::tJRroSES
WHEREAS, it is advisable to have water system interconnects with
adjoining agencies for use at times of emergencies; and
WHEREAS, there has been presented to the City Council an "Agreement
for Limited Emergency Water Supply" between the City of CUpertino and the
City of SUnnyvale providing for the interconnect of water systems for use
during emergencies; and ·
WHEREAS, the provisions of the aforementioned agreement have been
reviewed and approved by the Director of Public Works and the City
Attorney;
NOW, 'IlIEREFORE, BE IT RESOLVED that the City Council of the City of
CUpertino hereby approves the aforementioned agreement and authorizes the
Mayor and the city Clerk to execute said agreement in behalf of the City
of CUpertino.
PASSED AND ADOPrED at a regular meeting of the City Council of the
City of CUpertino this 21st day of May 1990, by the
following vote:
Vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATI'EST: APPROVED:
Isl Dorothy Cornelius Isl Barbara A. Rogers
City Clerk Mayor, City of CUpertino
AGREEMENT FOR LIMITED EMERGENCY WATER SUPPLY
!:!fi THIS AGREEMENT is made and entered into as of the __ _,_f-_1~~--day of
--+--'-__;....:__...._____, 1990, by and between the City of Cupertino, hereinafter referred to as
0 11 and the City of Sunnyvale, hereinafter referred to as 11 SUNNYVALE 11
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RECITALS
A The parties hereto are contiguous public entities situated in the County of
Santa Clara and each supplies water to its citizens;
B. Each party has its own water supply and under usual and ordinary
operating conditions neither party would have occasion to purchase water from the other
party; and
C. In anticipation of possible emergency or disaster situations, where major
disruption of service to customers or a danger to public health or safety occurs, the
parties believe it is prudent to have interconnections of the respective water systems so
that water can be supplied by either party to the other party upon a limited basis.
NOW, THEREFORE, for an in consideration of the promises and of the provisions
contained, it is agreed as follows:
1 . Unmetered Location.
The water systems of SUNNYVALE and CUPERTINO will be connected on
Homestead Road, just east of Hollenbeck Avenue. This connection will be unmetered,
unless either party chooses to install a meter at its own expense in accordance with
paragraph 3 below, and will normally be closed to prevent the interchanging of water
between the two systems.
In the event either party requires supplemental water for a limited period
because of a disaster or emergency, such party shall have the right to obtain water from
the other party by giving one hour's notice. Said access to water shall be only to the
extent the supplying party is able to provide such water in view of its circumstances and
demands at that time.
It is in the public interest to construct such a connection. Sunnyvale will
design and construct the portion of the connection within its political jurisdiction.
Cupertino will design and construct the portion of the connection within its political
jurisdiction. Each city will pay for its own portion of the connection. Each city's total
expense for its portion of the connection is deemed to be approximately equal. Future
maintenance of the connection will be performed by the responsible city, depending upon
in which political jurisdiction the repairs are to be made.
2. Water Supply Is for a Limited Purpose Only.
Nothing herein shall be deemed to constitute a dedication of the water
supply of either party to service the territory of the other party or to constitute a
commitment to supply water to the other party as a regular customer. The obligation to
supply water hereinunder is limited to surplus water above and beyond that required to
service the needs of the supplying party and only for a reasonable period of time to
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permit the party being supplied to effect repairs to its own sources or obtain water from
other sources.
3. Compensation for Water Use.
To compensate the party supplying water hereunder for its costs of
operation, any party receiving water shall pay the supplying party for all water delivered
in accordance with the supplying party's then effective regular tariff schedule. Charges
are to be made only for time periods in which water is actually delivered and such
payments are to be made within ten (10) days after receipt of bill. The amount of water
delivered shall be estimated and agreed upon by both cities prior to billing, unless either
city, at its option, chooses to install a meter at the city's expense. In such case, the
billing will be based on the water used as indicated by the meter, and at the rate then
currently in effect in the supplying city.
4. Termination.
This agreement shall continue in effect until terminated by either party upon
not less than ninety (90) days written notice to the other.
5. Notice.
Any notice which is herein provided shall be given by either party to the
other by delivering said notice to the party to whom such notice is to be given at the
following respective addresses:
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Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Director of Public Works
City of Sunnyvale
P. 0. Box 3707
Sunnyvale, CA 94086-3707
Either party by notice given as hereinbefore provided may change the
address to which notice shall thereafter be delivered.
6. Indemnifications.
CITY OF SUNNYVALE shall defend, indemnify and hold harmless CITY OF
CUPERTINO, its officers, employees, agents and representatives from and against any
and all damages, attorney's fees, losses, costs, and expenses which CITY OF
CUPERTINO may incur as a result of claims against it arising out of or in any way
connected with performance of this Agreement by CITY OF SUNNYVALE, except with
respect to any act or omission solely attributable to CITY OF CUPERTINO, its officers,
employees, agents and representatives.
CITY OF CUPERTINO shall defend, indemnify and hold harmless CITY OF
SUNNYVALE, its officers, employees, agents and representatives from and against any
and all damages, attorney's fees, losses, costs, and expenses which CITY OF
SUNNYVALE may incur as a result of claims against it arising out of or in any way
connected with performance of this Agreement by CITY OF CUPERTINO, except with
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respect to any act or omission solely attributable to CITY OF SUNNYVALE, its officers,
employees, agents and representatives.
IN WITNESS WHEREOF, the parties hereto have executed this agreement. in
duplicate, as of the day and year first above written.
CITY OF CUPERTINO
APPROVED AS TO FORM:
~~
Dated: --------
CITY OF SUNNYVALE
By~~ tM'?yDr
APPROVED AS TO FORM:
City Attorney ,_.
Dated: --._.,.IL-<_·,..--=J---:7,!:<--_Cf_;_. _z; ____ _
Dated:
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