HomeMy WebLinkAboutSCVWD - Water Meter Transfer Agreement
SCVWD ENACTED COpy
Contract Administration Unit
AGMT: A~50' '/... FILE: 'BT345 \
WATER METER TRANSFER AGREEMENT
This Water Meter Transfer Agreement ("Agreement") is entered into by and between Santa
Clara Valley Water District, a California Special District created by the California Legislature
("District") and the City of Gilroy, a chartered municipal corporation of the State of California
("City"). District and City may hereinafter be referred to individually as "Party" and jointly as
"Parties." This Agreement shall take effect and be in full force and binding on both Parties as of
the later date signed below.
RECITALS
WHEREAS, the District owns three recycled water meters in the City of Gilroy; and
WHEREAS, District as Wholesaler and City as Retailer entered into that certain agreement
entitled WHOLESALER-RETAILER AGREEMENT FOR SUPPLY OF RECYCLED WATER
BETWEEN SANTA CLARA VALLEY WATER DISTRICT AND CITY OF GILROY ("Retailer
Agreement") on October 5, 1999; and
WHEREAS, pursuant to that Retailer Agreement, City is obligated to install or cause to be
installed end use meters to measure the quantity of recycled water supplied which will govern
the billings for its use pursuant to Article B 3) entitled "Metering and Measurement of Flows";
and
WHEREAS, the District desires to transfer ownership of those recycled water meters to City to
maintain them or cause them to be maintained and to provide District with water usage data
reports based on City or its agent's reading of those meters; and
WHEREAS, City is a member agency of the South County Regional Wastewater Authority
("SCWRA"), which has entered into a long term contract with Operations Management
International, Inc. ("CH2M Hill OMI") to continue to maintain the three recycled water meters
and to continue to provide District with water usage data based on the reading of those recycled
water meters; and
WHEREAS, the obligations of City herein are limited to the implementation of obligations that
have been created between the parties under the Retailer Agreement and are not intended to
create new obligations on the part of City.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in
this Agreement, the Parties agree to the following:
1. District hereby transfers to City all of District's right, title, and interest in the following three
recycled water meters:
Recycled Water Meter Number 892545, a 12-inch Water Specialties meter;
Recycled Water Meter Number 994024, an 8-inch Water Specialties meter; and
Recycled Water Meter Number 862840, an 8-inch Water Specialties meter.
ILAC\848505.2
051111-04706083
City accepts all of District's right, title, and interest to the above three recycled water meters
("Recycled Water Meters").
2. District shall have no responsibility for the operation, management, maintenance and
monitoring of the Recycled Water Meters.
3. To the extent required under the existing Retailer Agreement, City shall provide District with
water usage data as indicated by the Recycled Water Meters to enable District to bill the
end users whose recycled water usage is being measured by the Recycled Water Meters.
This information is currently provided through SCRWA by CH2M Hill OM!.
4. City hereby assumes all risk of loss of the Recycled Water Meters and accepts the Recycled
Water Meters AS IS, WHERE-IS, AND WITH ALL FAULTS, known or unknown.
5. City hereby releases District, and each of their officers, agents, employees, assigns and
successors in interest, from any and all liability arising out of on in connection with the
Recycled Water Meters as to any claims arising after the date District transfers the Recycled
Water Meters to City.
6. This Agreement contains the entire agreement and understanding between the Parties
regarding the Recycled Water Meters and merges and supersedes all prior representations
and discussions pertaining to the subject matter herein.
The person signing this Agreement represents that he or she is duly authorized to execute this
Agreement on behalf of the Party for whom he or she signs, and to fully bind such Party to this
Agreement.
CITY OF GILROY
SANTA CLARA VALLEY WATER DISTRICT
~
Thomas J. Haglund
City Administrator
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Date
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Chief Executive Officer
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Date
lLAC1848505.2
051111-04706083
APPROVED AS TO FORM
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Linda A. Callon, City Attorney