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HomeMy WebLinkAbout01704 - DWA DESERT WATER AGENCY FIRE HYDRANT AGR C Desert Water Agency - Fire Hy- drant Agreement w/City 0I AGREEMENT #1704 (Orig 7-1-81) AGREEMENT NO. J MO 2935, 4-15-81 FIRE HYDRANT AGREEMENT DESERT WATER 'AGENCY CITY OF PALM SPRINGS 1 . PARTIES 1 . 01 The parties to this agreement are the CITY OF PALM SPRINGS, a municipal corporation, hereinafter called '!'City" and DESERT WATER AGENCY, a public agency, hereinafter called "Agency" . 2. RECITALS 2 . 01 For many years past the City was provided fire hydrant service by the Palm Springs Water Company, a public utility. 2. 02 On March 1 , 1968, the Agency acquired the assets of the Palm Springs Water Company, and has since that time rendered fire hydrant service to the City. 2. 03 It is the purpose of this agreement to define the rights , power, duties and responsibilities of the City and the Agency with respect to the installation of fire hydrants , their replacement, fire hydrant fees, repair and maintenance of fire hydrants within the city limits of City, as the same may be defined from time to time, 3 . COVENANTS 3 . 01 All fire hydrants installed by the Palm Springs Water Company at the instance and request of the City and within the limits of said City are hereby declared to be the property of the Agency, and the Agency is hereby charged with and assumes the proper main- tenance and operation of said fire hydrants. It is further agreed that the Agency will upon notification by the City of any damage to a fire hydrant respond within a reasonable period of time to shut off the water and schedule temporary and final -.epairs . In the event such a situation arises during nonscheduled work hours, it is 19 a 3 19 a 4 -2- Fire Hydrant Agreement (continued) understood that the scheduling of temporary and final repairs will be left for the first scheduled work period following the emergency response . Upon request, the City will promptly forward a copy of the Police Report, regarding any accidents involving fire hydrants to the Desert Water Agency, to assist them in billing the appropriate parties . For the purposes of this section, repairs shall include repairs to city owned facilities such as, but not limited to, curbs , streets , side- walks, etc. , which may have been damaged as a result of the damages sustained by the fire hydrant and its piping, as a result of a traffic accident . It is further understood that in the event that the Agency, after reasonable efforts , is unable to collect for costs encountered with regard to repairs to damaged City property as a result of the above, the City will reimburse the Agency for such costs . 3. 02 Agency shall charge and the City shall pay $2 . 00 per month per fire hydrant until such time that areas deficient in fire hydrants have been adequately supplied with such hydrants but the time period shall not extend past June 30, 1987 . The Agency agrees to expend all fire hydrant rental funds received from the City for installation of fire hydrants in said deficient areas, charging against said fire hydrant rental funds the actual cost of material and labor for such hydrants , plus not more than 15% for general administration overhead. At the end of six year period or at such time as deficient areas are adequately supplied, as determined by the Fire Chief of City, Agency agrees to continue maintenance of .all fire hydrants as per this agreement and to waive all fire hydrant rental fees to the City thereafter . 3 . 03 City further agrees to continue to budget and pay to the Agency $15, 000 annaally on or about July 1st, for a period not to exceed six years (1981/82 - -1986/87) or until such time as areas -3- Fire Hydrant Agreement (continued) deficient of fire hydrants have been upgraded. Agency agrees to expend these funds from the City for upgrading fire hydrants , in the same manner as the rental funds referred to in Section 3 . 02. 3. 04 Agency will, at its own expense, replace all fire hydrants when they are no longer serviceable or require replace- ment due to damage or destruction. 3 . 05 City shall, at its own expense, or at the expense of the developer, pay for the relocation of fire hydrants requested by reason of grade change in City streets , changing the width of streets , curb installations or other modifications in the street, curb, gutter and other public facilities plans of the City. 3 . 06 City agrees to waive payment of fees from the Agency for plan check, inspection, permits, Council and Planning Com- mission agendas and minutes and police reports . 3 . 07 City Fire Department shall determine those areas that are deficient in fire hydrant coverage and determine at what point deficient areas have been upgraded to the degree that the fire hydrant rental fees noted in Section 3 . 02 and the $15, 000 annual payment noted in 3 . 03 are thereafter waived. Once the system has been upgraded, City shall pay for additional fire hydrant installations requested. Agency agrees to provide accounting of funds received and allocated to fire hydrant upgrading . 3 . 08 City shall pay Agency for water used by it for flush- ing streets, sewers and other maintenance at the rates set by Agency' s Ordinances as the same may be amended from time to time. In the absence of metered water use City shall estimate the amount of water used and report the same to the Agency and pay thereafter a charge based on the reasonable estimated quantities of water so used. 19 a 5 -4- • Fire Hydrant Agreement (continued) 19 a 6 3 . 09 Agency shall at all times make water available to the fire hydrants serving said City, subject only to the unavailability of water or interferences with service beyond the Agency' s control. 3 . 10 Agency shall inspect all fire hydrants within the City, and all .valves and other appurtenances in connection therewith, annually, and maintain the same in good working order. 3 . 11 Agency shall paint all fire hydrants as needed. 3. 12 Agency agrees to prepare and forward to the City a _ monthly report on all fire hydrants repaired by it, said report to include an analysis of the flow characteristics of each said hydrant. 3 . 13 Agency agrees to notify the Fire Department of said City of any and all proposed or completed modifications of its water distribution system so that the City may be informed in advance of all of the current and proposed modifications of the Agency' s system as the same may affect the fire control require- ments of said City. 3. 14 Agency will report daily and by telephone to said Fire Department of said City any portion of its water distribution system which is "out of order", and when it is "returned to service", if the same will affect the fire control responsibilities of said City. 3 . 15 Agency will provide the Fire Department and the Community Development Department of said City a map of its entire water distribution system in a scale of one inch to 100 feet, and to each fire station, a system map of the Agency' s water distri- bution system at a scale of one inch to 200 feet . Agency agrees to deliver replacements of said maps when the Agency updates them from time to time. 3. 16 Agency agrees to submit to the Fire Chief of City for his recommendation all Agency plans to install or modify its -5- 0 • Fire Hydrant Agreement (continued) secondary distribution lines prior to said installation or modification. 3 . 17 All installations made by Agency must first be accepted by City after inspections and testing by the Fire Department of City, said testing and inspection to be performed jointly by said Agency and Fire Department of City, and to include: (1) Flowing of openings; (2) Static pressure reading; (3) Flow pressure (largest openings) ; (4) Residual pressure. 3. 18 All hydrants to be installed by Agency within City, either by the City or in response to the City' s demand to a sub- divider, homeowner or other person, shall, in addition to meeting the requirements of the Agency, also comply with the location requirements of City. 4 . COMMITMENTS 4 . 01 All commitments by Agency shall be subject to varia- tions in the rules, regulations and ordinances adopted by the Agency from time to time after a public hearing duly noticed by the governing body. 5. EFFECTIVE DATE 5. 01 This agreement shall be effective as of July 1, 1981, and shall continue from year to year until either party, on thirty days written notice to the other before the end of any such year, elects to terminate the same. Dated: DESERT W ER AGENCY By ATTEST: GENERAL MANAGER Cl N. R. KING City Clerk \/ 1�--ems- BY_ r BY i� r✓ / / y Deputy City Clerk pp��p�w,{ LL�� City Massager AO -klO- C� o 19 a 7 APMO©VED BY Tree Cagy COUNUL AS � 0 BY il�io�NO. — _9 5 1V_ 7s. s�i 0 MINUTE ORDER NO. 2935 00 APPROVING NEW AGREEMENT WITH DESERT WATER AGENCY RELATIVE TO FIRE HYDRANTS AND TERMINATING AGREE- MENT NO. 630. I HEREBY CERTIFY that this Minute Order approving a new agree- ment the Desert Water Agency, relative to fire hydrants , and terminating Agreement #630, was adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the 15th day of April , 1981 . NORMAN R. KING City Clerk BY: JUDITH SUMICH Deputy City Clerk 19 b