HomeMy WebLinkAboutReso - CC - 044-2009RESOLUTION NO. 44 — 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE,
AN INDIVIDUAL WATER SALES CONTRACT
WITH THE CITY AND COUNTY OF SAN FRANCISCO
WHEREAS, the City Council of the City of Burlingame has previously approved the Water
Supply Agreement between the City and County of San Francisco and Wholesale Customers in
Alameda County, San Mateo County and Santa Clara County (Agreement); and
. WHEREAS, the Agreement contemplates that each wholesale customer will also enter into an
individual Water Sales Contract (Contract) with the San Francisco Public Utilities Commission
(SFPUC), which will describe the specific service area of each wholesale customer, will identify
points of connection between the San Francisco Regional Water System and the wholesale
customer's distribution system, and will contain other specialized provisions, if any, required by
the unique circumstances of each wholesale customer; and
WHEREAS, negotiations between the City of Burlingame (City) and the staff of the
SFPUC concerning the Water Sales Contract for the City have been completed satisfactorily, and
the City Manager has recommended that the Council approve a Water Sales Contract in the form
presented.
NOW, THEREFORE, BE IT RESOLVED that the "Water Sales Contract" between the City
of Burlingame and the City and County of San Francisco, acting by and through its Public Utilities
Commission, in the form presented to the Council including Attachments A through _ (Contract),
is approved and City Manager is authorized to execute the Contract on behalf of the City.
PASSED AND ADOPTED this 18th day of May, 2009, by the following vote.
AYES: DEAL, KEIGHRAN, NAGEL, BAYLOCK, 0`MAHONT
NOES: NONE
ABSENT: NONE
_c
Ann Keighran, Mayo
APPROVED AS TO FORM:
L
Gus Guinan, City Attorney
ATTEST:
6EIle Kearney, City Cler1
INDIVIDUAL AGENCY WATER SALES CONTRACT BETWEEN THE
CITY OF BURLINGAME AND CITY AND COUNTY OF SAN FRANCISCO
This Contract, dated as of Jul 1, 2009, is entered into by and between the City and
County of San Francisco ("San Francisco") and the City of Burlingame ("Customer")
RECITALS
San Francisco and the Customer have entered into a Water Supply Agreement ("WSA"),
which sets forth the terms and conditions under which San Francisco will continue to furnish
water for domestic and other municipal purposes to Customer and to other Wholesale
Customers. The WSA contemplates that San Francisco and each individual Wholesale
Customer will enter into an individual contract describing the location or locations at which water
will be delivered to each customer by the San Francisco Public Utilities Commission ("SFPUC"),
the customer's service area within which water so delivered is to be sold, and other provisions
unique to the individual purchaser. This Water Sales Contract is the individual contract
contemplated by the WSA.
AGREEMENTS OF THE PARTIES
Incorporation of the WSA
The terms and conditions of the WSA are incorporated into this Contract as if set forth in
full herein.
2. Term
Unless explicitly provided to the contrary in Article 9 of the WSA, the term of this
Contract shall be identical to that provided in Section 2.01 of the WSA.
3. Service Area
Water delivered by San Francisco to the Customer may be used or sold within the
service area shown on the map designated Exhibit A attached hereto. Except as provided in
Section 3.03 of the WSA, Customer shall not deliver or sell any water provided by San
Francisco outside of this area without the prior written consent of the General Manager of the
SFPUC.
Location and Description of Service Connections
Sale and delivery of water to Customer will be made through a connection or
connections to the SFPUC Regional Water System at the location or locations listed, with the
applicable present account number, service location, service size, and meter size shown on
Exhibit B attached hereto.
5. Interties With Other Systems
Customer maintains interties with neighboring water systems at the location or locations
and with the connection size(s) as shown on Exhibit C attached hereto.
6. Billing and Payment
San Francisco shall compute the amounts of water delivered and bill Customer therefor
on a monthly basis. The bill shall show the separate components of the charge (e.g., service,
consumption, demand). Customer shall pay the amount due within thirty (30) days after receipt
of the bill.
If Customer disputes the accuracy of any portion of the water bill it shall (a) notify the
General Manager of the SFPUC in writing of the specific nature of the dispute and (b) pay the
undisputed portion of the bill within thirty (30) days after receipt. Customer shall meet with the
General Manager of the SFPUC or a delegate to discuss the disputed portion of the bill.
IN WITNESS WHEREOF, the parties hereto have executed this Contract, to become
effective upon the effectiveness of the WSA, by their duly authorized representatives.
CITY AND COUNTY OF SAN FRANCISCO CITY OF BURLINGAME
Acting by and through its Public Utilities Commission A Public Corporation
0
Date:
Edward Harrington
General Manager
2009
Approved by Commission Resolution No. 09-0069,
adopted April 28, 2009
Michael Housh
Secretary to Commission
Approved as to form:
DENNIS J. HERRERA
City Attorney
By:
Joshua D. Milstein
Deputy City Attorney
Jim Nantell
City Manager
Date:
ATTEST:
By:
Mary Ellen Kearney
City Clerk
APPROVED AS TO FORM:
By:
Gus Guinan
City Attorney
2009