Resolution No. 8420S
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RESOLUTION NO. 8420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO THE AGREEMENT BETWEEN THE
CITY OF VERNON AND CENTRAL BASIN MUNICIPAL WATER
DISTRICT REGARDING THE BUYING AND SELLING OF
RECYCLED WATER
WHEREAS, the City of Vernon ("City") is proceeding at this
time to develop a 134 MW Combined Cycle Power Plant officially named
the Malburg Generating Station (the "Malburg Project") for the purpose
of installing additional generating capacity that will yield an
efficient, cost-effective, and reliable source of electric generation
to the City of Vernon; and
WHEREAS, City staff has determined that the cooling water
supply for the Malburg Project must be provided by reclaimed water that
will require the construction of a pipeline extension as well as a pump
station and associated pressure reducing facilities on the Central
Basin Municipal Water District ("CBMWD") system; and
WHEREAS, on May 22, 2002, the City Council of the City of
Vernon adopted Resolution No. 7973 approving an Agreement Between the
City and CBMWD Regarding the Buying and Selling of Recycled Water to
the Malburg Project (the "Agreement"); and
WHEREAS, the City and CBMWD desire to amend the Agreement to
clarify the intent of the parties with respect to the Hollydale Pump
Station and to clarify the amount of reclaimed water the CBMWD provides
to the City; and
WHEREAS, by letter dated April 1, 2004, Bruce V. Malkenhorst,
City Administrator/City Clerk, recommended that an amendment to the
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Agreement with CBMWD be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. One to the Agreement Between the City of
Vernon and Central Basin Municipal Water District Regarding the Buying
and Selling of Recycled Water in substantially the same form attached
hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Amendment for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send the fully executed
duplicate originals of the Agreement to:
Central Basin Municipal Water District
Attn. General Manager
17140 S. Avalon Blvd., Ste. 210
Carson, CA 90746-1296
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of April, 2004.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, Wayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8420, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, April 7,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AMENDMENT NO. ONE TO THE AGREEMENT BETWEEN THE CITY OF
AND CENTRAL BASIN
MUNICIPAL WATER DISTRICT
REGARDING THE BUYING AND SELLING OF RECYCLED WATER
THIS AMENDMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used as
the original hereof for all purposes, as of this day of April,
2004, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred to
as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND CENTRAL BASIN MUNICIPAL WATER
DISTRICT (hereinafter referred to as
"District")
17140 S. Avalon Blvd., Ste. 210
Carson, CA 90746-1296
City and District enter into this Amendment No. One to the
Agreement between the City of Vernon and Central Basin Municipal Water
District Regarding the Buying and Selling of Recycled Water (the
"Amendment") in recognition of the following:
A. On July 15, 2002, City and District entered into an
Agreement Regarding the Buying and Selling of Recycled Water (the
"Agreement").
B. The Agreement was entered into in order to establish
the terms and conditions under which recycled water would be provided by
District and purchased by City for operation of the Malburg Generating
Station (the "Project''), being constructed by City.
C. The Agreement provided that District would be
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responsible for construction management and inspection for the
Hollydale Pump Station, including retaining a firm to provide
construction management services.
D. City and District want to clarify that their
intent in the Agreement is that, although District is responsible
for the construction management and inspection services for the
Hollydale Pump Station, City shall pay for such capital costs and
be reimbursed by District pursuant to the Agreement.
E. The Agreement requires City to pay for the cost of
power for the booster pump station that needed to be constructed in
order to serve City with Reclaimed water.
F. City and District want to make clear their intent
that City shall not be required to pay for the Hollydale Pump
Station power costs that are incurred for serving any other
District customers.
G. The Agreement provides that District will be
required to provide City with reclaimed water to meet a peak demand
of 1,000 gallons per minute at a minimum pressure of thirty (30)
pounds per square inch (PSI).
H. City and District desire to amend the agreement to
provide that District will be required to provide City with
reclaimed water to meet a peak demand of 1,000 gallons per minute
at a minimum pressure of forty (40) pounds per square inch (PSI).
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construction pursuant to the Agreement.
SECTION 3: Section 3.E. of the Agreement shall be amended to
read as follows:
Pay for power at the booster pump station identified
in Section 3.C. until the construction and operation
of DISTRICT'S potential recycled water pipeline from
the City of Pico Rivera connects to the pipeline in
CITY identified in Section 3.C., also referred to as
the Montebello Loop. If DISTRICT adds new customers
to its system which will utilize the new Hollydale
Pump Station, the City shall only be required to pay
for its proportionate share of the Hollydale Pump
Station power costs.
SECTION 4: Section 3.F. of the Agreement shall be
amended to change all references to "Newell Street" to
"Hollenbeck Street".
SECTION 5: Section 4.C. of the Agreement shall be amended to
read as follows:
Provide recycled water, except during circumstances
beyond its control, to CITY at the PROJECT site to
meet a peak demand of one -thousand (1,000) gallons per
minute and at a minimumpressure of forty (40) pounds
per square inch (PSI). The normal flow is expected to
be from eight -hundred (800) to nine -hundred (900)
gallons per minute. The actual flow will depend upon
the operation of the PROJECT.
SECTION 6: Section 4.F. of the Agreement shall be amended to
read as follows:
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District will be responsible for the construction
management and inspection for the Hollydale Pump
Station, including retaining a firm to provide
construction management services for the
construction activities of the contractor
performing the work.
SECTION 7: All of the terms and conditions of the Agreement
that are in conflict with this Amendment are hereby repealed. All
other provisions of the Agreement and the MOU shall remain in full
force and effect.
SECTION 8: This Amendment shall be governed by the laws of
the State of California.
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IN WITNESS WHEREOF, the parties have caused this MOU to be
executed by and through their authorized officers on the date, month
and year first written above.
M-
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
City Attorney
BY:
LZZ
DISTRICT'S LEGAL COUNSEL
CITY OF VERNON
LEONIS C. MALBURG, Mayor
CENTRAL BASIN MUNICIPAL WATER
DISTRICT
DARRYL G. MILLER, General Manager
STEVEN O'NEILL, Lemieux & O'Neill
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EXHIBIT
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