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Home My WebLink About06011 - DESERT WATER AGENCY SETTLEMENT AGR RE ONSITE FIRE SPRINKLER SYSTEMS ........ ........ EThomas Kieley,IN Desert Water Agency President Ronald E.S>arrs 200 Gene AutryTrail South Vice President D E,S E RT WATER Sp PO 17 10 F.Caillar Royd,Jr. Palm Springs,CA 92,763-17 10 I Secretary(Treasurer � Telephone 760 323-9971 William"Bill"Byrne Fax 760 325-6505 Patricia G.Oygar www.dwa.org David K.Luker 0 1 General Manager 11 Chief Fnginccr Best,Best&Krieger General Counsel Krieger&Stewart Consulting Engineers October 26, 2007 David H. Ready, Esq., Ph.D. City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: AGREEMENT AS TO AGENCY (FACILITIES PROVIDING WATER FOR I ONSITE FIRE SPRINKLER SYSTEMS I Dear David: This letter memorializes the agreement which has been reached between the City of Palm Springs and Desert Water Agency regarding the Agency's responsibility, and liability, for Agency facilities installed to supply water to Agency customers and used for onsite fire suppression purposes, including sprinkler systems. The City and the Agency have agreed that the Agency will have responsibility and control, and will bear liability, if any, for water delivery facilities owned, operated and maintained by the Agency for the delivery of water to Agency customers, including the delivery of water to supply onsite fire suppression systems including fire sprinkler systems. The Agency's point of connection for the delivery of such water is located at or near the road or right of way line, which normally coincides with the property line. Regardless of where located, however, the Agency will be responsible for such Agency facilities, and will bear all liability for the type of facilities installed, and for their operation and maintenance by the Agency. The City will have no responsibility or liability for the installation, operation or maintenance of those facilities. The City and the Agency have executed a separate Memorandum of Understanding regarding the installation of water service laterals, valves and meters to serve single and non-commercial multi-family residential units, pursuant to which the City has i f DESERT®WATER David H. Ready, Esq., Ph.D Page 2 October 26, 2007 agreed to dismiss its lawsuit against the Agency (Los Angeles County Superior Court Case No. VCO 049377) and the Agency has agreed to dismiss its lawsuit against the City (Riverside County Superior Court Case No. RIC 4797093). This letter agreement shall be effective upon execution by both of us, as well as execution of the Memorandum of Understanding, in settlement of both lawsuits. A space has been provided for your execution of this letter, below, and an extra copy of this letter has been provided so that we may have copies executed by both parties. Thank you for your cooperation in getting this issue resolved. Sincerely yours, DESERT WATER AGENCY David K. Luker General Manager Agreed: David H. Ready, City ManWr Dated: IOAI ATra:-sT 7149625018 OCSO Engineering Plann 02:20:55 p.m. 1031-2007 212 kUl'Jl-2UUl WhO U1:b1 Fft Woodruff Spradlin Heart FRX NO. 714 835 7787 P. 02/02 David K PA*,&q.,ph.D Pap 2 aftber 26,2007 4greed to dismiss Its lawsuit against the Agency (l as Angeles County Superior Court Case No. VCD 049377) and the Agency has agreed to dismiss Its lawswt against the City(Rude County Superior Court Case No.RIC 4797093). This left agreement shall be effective upon euc UUDn by Math of us, as well as WAaMon of the Memamndrm of Understanding, In settlement of both lawsuits. A Vwe has been provided for your emcutIm of this letter, below,and an extra copy of this letter has been provided so that we may have copies executed by bath parties. 'thank you far your cooperation In getting this Issue resolved. Sincerely yours, DES3k7VWAT;ORA(G;ENX, David K. Luk ar General Manager Agreed' David H. Ready,Oty Manager Dated: 11?G1 , rn MEMORANDUM OF UNDERSTANDING REGARDING THE INSTALLATION OF WATER SERVICE LATERALS, VALVES AND METERS TO SERVE SINGLE AND NON- COMMERCIAL MULTI-FAMILY RESIDENTIAL UNITS FOR WHICH FIRE SPRINKLERS ARE REQUIRED This Memorandum of Understanding is executed by and between the City of Palm Springs and Desert Water Agency regarding the Agency's installation of water service laterals, valves and meters to serve single and non-commercial multi-family residential units for which the City requires the installation of on-site fire sprinklers. The purpose of the Memorandum of Understanding is to set forth in writing a compromise agreement which has been reached between the City and the Agency regarding the matters hereinafter set forth, pursuant to which the City will immediately dismiss its lawsuit against the Agency entitled City of Palm Springs et al. vs. Desert Water Agency Aggney et al., Los Angeles County Superior Court Case No. VCO 049377, and the Agency will immediately dismiss its lawsuit against the City entitled Desert Water Agency vs. City of Palm Springy, Riverside County Superior Court Case No. RIC 479093 and each party shall be responsible for its own attorneys' fees and costs. As to such water delivery facilities installed by the Agency, the parties agree as follows: 1. Water control valve locks, seals, and meters approved by the Agency will be acceptable to the City for supplying water to fire sprinkler systems wherever there is a combined domestic water service with any fire sprinkler systems serving multi-family residential uses (NFPA 13R fire sprinkler systems). The parties will prepare one or more diagrams depicting examples of suitable configurations and include such diagrams as exhibits to this Memorandum of Understanding. 2. The City will conduct annual fire sprinkler inspections on all NFPA 13R systems. 3. The City will provide the Agency with copies of Palm Spring Fire Department requirements imposed on developments for fire hydrants, fire flow and fire sprinkler systems, as well as a summary of other fire safety requirements relating to the water supply when plan review is completed and provided to the owner. - 1 - RVPUBIMRIDDRLL1739838.1 ...................... .......................... 4. Where there is a combined fire/domestic water supply, the City will require the developer to install individual, accessible domestic water shut-off valves for each unit in "townhouse" type R-1 occupancies. This will allow the Agency's valves to remain locked open when repair or maintenance of non-sprinkler related plumbing is required by the occupant. 5. City staff will recommend that the City Council adopt an ordinance making misappropriation of Agency water a local crime with City enforcement, 6. For any new connection to a combined water service(domestic and fire)to a multi-family building or project,the Agency will install locks or seals on all control valves from the meter to the fire sprinkler line branch to ensure that control valves and angle stop valves, when installed, will be secured in the "open" position. Water control valves (other than the angle stop valve) shall be indicating type of valves. (Quarter turn valves with handles are acceptable as "indicating"valves,) 7. Dedicated, stand alone fire service laterals will not be used to supply water to NFPA 13R fire sprinkler systems, 8. The provisions of Paragraph 6 of this Memorandum of Understanding shall apply whenever existing fire sprinkler systems water supply control valves to existing multi-family residential units are replaced. 9. The City's hire Department will have the responsibility for determining the type of fire sprinkler system required for a building,based on building type and occupancy. 10. The Agency's pressure maps will be provided to the City's Fire Department and will be basis for fire sprinkler hydraulic calculations. Field verification from existing water distribution system may also be used to determine fire sprinkler calculations; however, if the field data differs from the Agency's pressure maps by more than 10%,the lower pressure shall be used to determine fire sprinkler hydraulics, A licensed C-16 fire protection,contractor, fire protection engineer, or other professional engineer experienced in fire sprinkler system design and approved by the City's Fire Department will perform and be fully responsible for all required hydraulic calculations and determine the gallons per minute and pressure required for automatic fire sprinkler systems, 11. The Parties acknowledge that the provisions of this MOU are not inconsistent with.the provisions of all state laws,regulations,orders, and rules, including the 2007 Uniform Fire -2- RVPUBVdRNDI)HLL%739838.1 ...... . ... ................. ......... i I Code, ("state laws") in effect on the date of this MOU. It is the desire of the Parties that this MOU will be consistent with any amendments to state laws. In the event a law, regulation, order, or rule adopted or promulgated by a state agency after the effective date of this MOU is inconsistent with the provisions of this MOU, the Parties agree that they will meet and confer regarding any necessary or desirable amendment or modification to this MOU in order to ensure continued consistency with state laws. City of Palm Springs City Manager Date: •�� w3/ a ATTEST: APPROVED AS TO FORM: Clerk City Attorney Desert Water Agency By: t /• Y General Manager Manager Date: ✓a ATTEST: APPROVED AS TO FORM Secretary Agency Counsel - 3 - RVPUB\N4MDELL1739838.1 Code,("state laws')in'effect on the date of this MOU. It is the desire of the Parties that this MOU will be consistent with any amendments to state laws. In the event a law, regulation,order, or rule adopted or promulgated by a state agency after the effective date of this MOU is inconsistent with the provisions of this MOU, the Parties agree that they will meet and confer regarding any necessary or desirable amendment or modification to this MOU in order to ensure continued consistency with state laws. City of Palm Springs By. � City Manager Date: ATTEST: APPROVED3=� MI.k :%M1�r'S• Yy4'} "KCW •' .g F C,'4Y City Clerk "Att�s>�hb3� Desert Water Agency By: General Manager Date: 10L-,V 0 A0W7 ATTEST: APPROVED AS TO FORM Secretary Agency Counsel .3 - RYPUBURDDEW739838.1 I 9 v o 8 v 9 6 4 _.3 1 4 3 WATERMA1N 2 1 APPROVED ITEM No? DESCRIPTION MATERIALS REQ D. LIST NO. I i SERVICE CONNECTION PER STANDARD DRAWING W124 OR STANDARD DRAWING W125. SEE DWG. W124 OR W125 2 VARIES TYPE "K" SOFT COPPER TUBING. A--05 3 1 ANGLE METER STOP WITH DWA SEAL. B-05 4 1 METER (SIZE AND TYPE AS SPECIFIED). N/A 5 1 METER BOX WITH LID MARKED "DWA". E-01 6 1 STANDARD WEIGHT BRASS PIPE A-06 7 1 BACKFLOW DEVICE WITH LOCKS B-08 8 1 BRASS CROSS E-06 9 1 CAPPED OUTLET FOR FUTURE FIRE SERVICE PIPING AND FUTURE SERVICE D-05 1D 1 CUSTOMER CONTROL VALVE AND PRECAST CONCRETE VALVE BOX H-12 NOTES 1) COPPER SERVICE TUBING SHALL BE LAID STRAIGHT AND AT RIGHT ANGLES TO THE WATERMAIN. 2) METER 13OX SHALL BE AT LEAST 5' FROM EDGE OF DRIVEWAY (CURB DROP) OR FROM DRIVEWAY RADIUS. 3) PIPE THREADS SHALL BE CLEAN AND SHARP AND SEALED WITH AN APPROVED JOINT COMPOUND. 4) INSTALLATION OF APPURTENANCES FROM ANGLE METER STOP THROUGH CUSTOMER SERVICE VALVE WILL BE BY AGENCY. 5) CUSTOMER CONTROL VALVE SHALL BE BEHIND BACKFLOW DEVICE IF BACKFLOW DEVICE IS REQUIRED. P RO DATE�� DESERT WATER AGENCY PALM SPRINGS, CALIFORNIA EER SCE NO. 5851�4 MULTI--FAMILY SERVICE INSTALLATION WITH FIRE SERVICE REVISION BY DATE STANDARD DRAWING W128 .. .... AKI Q a o s 0 9 S 7 4 AMMON&WETI M AS REOMEA 4 5 3 WATER.UM 4 WATERUAIN WRIL COIApAATEO EARTH • 2 APPROVED ITEM READ. DESCRIPTION MATERIALS LIST NO. 1 1 SERVICE CONNECTION PER STANDARD DRAWING W124 OR STANDARD DRAWING W125. SEE DWG, W124 OR W125 2 VARIES TYPE "K" SOFT COPPER TUBING. A-05 3 1 ANGLE METER STOP WITH DWA SEAL. 8-05 4 1 METER (SIZE AND TYPE AS SPECIFIED). N/A 5 1 METER BOX WITH LID MARKED "DWA". E-01 6 1 STANDARD WEIGHT BRASS PIPE A-06 7 1 BACKFLOW DEVICE WITH LOCKS B-08 8 1 BRASS CROSS D—Q5 9 1 CAPPED OUTLET FOR FUTURE FIRE SERVICE PIPING AND FUTURE SERVICE E-06 10 1 CUSTOMER CONTROL VALVE AND PRECAST CONCRETE VALVE BOX H-12 NOTES 1) COPPER SERVICE TUBING SHALL BE LAID STRAIGHT AND AT RIGHT ANGLES TO THE WATERMAIN. 2) METER BOX SHALL BE AT LEAST 5' FROM EDGE OF DRIVEWAY (CURB DROP) OR FROM DRIVEWAY RADIUS. 3) PIPE THREADS SHALL BE CLEAN AND SHARP AND SEALED WITH AN APPROVED JOINT COMPOUND. 4) INSTALLATION OF APPURTENANCES FROM ANGLE METER STOP THROUGH CUSTOMER SERVICE VALVE WILL BE BY AGENCY. 5) CUSTOMER CONTROL VALVE SHALL BE BEHIND BACKFLOW U VICE IF BACKFLOW DEVICE IS REQUIRED. dPPR WEER Ov DATE DESERT WATER AGENCY PALM SPRINGS, CALIFORNIA RCE NO. 58514 MULTI--FAMILY SERVICE OAERAIT INSTALLATION WITH MANIFOLD FIRE SERVICE REVISION BY DATE STANDARD DRAWING W129