HomeMy WebLinkAboutC-8185-1 - Agreement for Wastewater Collection ServicesAGREEMENT FOR WASTEWATER COLLECTION SERVICES
BETWEEN THE COSTA MESA SANITARY DISTRICT
AND THE CITY OF NEWPORT BEACH
THIS AGREEMENT FOR WASTEWATER COLLECTION SERVICES BETWEEN
THE COSTA MESA SANITARY DISTRICT AND THE CITY OF NEWPORT BEACH
("Agreement"), is made and entered into this 22nd day of August 2019, ("Effective Date")
by and between the COSTA MESA SANITARY DISTRICT, a California special district
formed under the Sanitary District Act of 1923 ("CMSD"), and CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"). CMSD and City are
sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS
WHEREAS, CMSD provides solid waste and wastewater collection services to
public, commercial, industrial and residential users in the City of Costa Mesa, portions of
the City of Newport Beach and unincorporated areas of Orange County ("CMSD's
Jurisdictional Limits"),-
WHEREAS,
imits");WHEREAS, in 1979, City and CMSD entered into a sewer service and collection
agreement wherein CMSD would collect sanitary sewer flow from certain properties within
the geographical limits of City, yet outside CMSD's Jurisdictional Limits and convey said
sanitary sewer flow to the Orange County Sanitation District (1979 Agreement");
WHEREAS, on December 12, 1991, City and CMSD amended the 1979
Agreement to update the sewer service fees ("1991 Amendment"), -
WHEREAS, the 1991 Amendment expired in August 1999, however, CMSD
continues to provide wastewater collection services to the parcels identified in the 1991
Agreement; and
WHEREAS, the Parties desire to establish by this Agreement fixed terms and
conditions for wastewater collection services by CMSD to certain parcels located within
City along with other rights and obligations of the Parties.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
Section 1. Term. The term of this Agreement shall commence on the Effective Date,
and shall terminate on August 21, 2029 unless terminated sooner by either Party's giving
one hundred eighty (180) days' prior written notice of termination.
Section 2. Sewer Services. CMSD authorizes the conveyance, treatment and
disposal of or recycling of all wastewater received ("Sewer Services") from the parcels
within the boundary set forth in Exhibit A and more specifically identified in Exhibit B
through CMSD's mainline sewer facilities ("Sewer Services") subject to the terms and
conditions as set forth in this Agreement. Should the Orange County Local Agency
Formation Commission subsequently alter the respective boundaries of the CMSD or the
COSTA MESA SANITARY DISTRICT Page 1
City or the City's sphere of influence as defined by California Government Code section
56076 or any successor provision, the Parties agree to meet and confer to address any
amendment to this Agreement made necessary or appropriate by that action.
Section 3. Facilities. The terms and conditions of this Agreement are intended to be
applicable to residential development and institutional, office and professional
developments within the geographical limits of City and within City's sphere of influence,
but is not applicable to developments other than those specifically identified in Exhibits A
and B unless the Parties modify the number of properties in accordance with Section 6 of
this Agreement.
Section 4. Construction. New construction of sanitary sewer facilities, including
manholes, pump stations, underground laterals and mains authorized by CMSD to
operate by the CMSD or which are to flow to its facilities by persons or entities other than
CMSD shall be constructed in accordance with plans and specifications approved by the
CMSD Engineer and in accordance with all laws, regulations, building and plumbing and
electrical codes of whatever kind and wherever applicable.
Section 5. Maintenance and Repair. CMSD shall not be responsible for the
maintenance, replacement, repair and upkeep of any of that portion of the mainline sewer
facilities which are installed outside of CMSD's Jurisdictional Limits. CMSD's
responsibility for replacement, repair and upkeep shall begin at a point downstream of
City's mainline sewer facilities connection with CMSD's mainline sewer facilities. CMSD
shall not be responsible for the maintenance, upkeep, service and repair or replacement
of laterals lines.
Section 6. Number of Properties. CMSD currently provides Sewer Services to one
hundred forty-six (146) parcels identified in Exhibits A and B. City may increase or
decrease the number of parcels CMSD provides Sewer Services to by providing CMSD's
Staff Representative written notification no less than forty-five (45) days prior to annual
invoicing. In the event of an increase or decrease in the number of parcels served, the
annual invoice shall be prorated to reflect the total number of days each parcel received
Sewer Services under this Agreement.
Section 7. Sewer Service Fee.
7.1 The CMSD shall impose an annual service fee in lieu of annexation to the
CMSD and in lieu of an ad valorem property tax for the Sewer Services provided herein.
7.2 CMSD's Sewer Service fees are established by the "Costa Mesa Sanitary
District Sewer Rate Study" and adopted by CMSD in accordance with Articles XIIIC and
XIIID of the California Constitution, Government Code section 53750 et. seq. and other
applicable laws. City shall pay such Sewer Service fees to the CMSD for parcels receiving
services in the amounts set by CMSD as may be amended from time to time. The Sewer
Service fees for Fiscal Year 2019-20 are as follows:
COSTA MESA SANITARY DISTRICT Page 2
7.2.1 Residential Dwelling Units. For residential dwelling units connected to
CMSD's sewer system-
a) Ninety-two dollars and thirty-eight cents ($92.38) per year for each
single-family dwelling unit,
b) Fifty-four dollars and twenty-one cents ($54.21) per year for each multi-
family dwelling unit,
7.2.2 CITY Residential Dwelling Units. For residential dwelling units directly
connected to City's sewer system, Tract 3801 and Tract 4444:
a) Ninety percent (90%) of the rate set forth in Section 7.2.1(a) for single-
family dwelling units,
b) Ninety percent (90%) of the rate set forth in Section 7.2.1(b) for multi-
family dwelling unit,
7.2.3 Non -Residential Parcels. For non-residential parcels:
a) Forty-one dollars and nine cents ($41.09) per 1,000 sq. ft. for parcels
generating average strength flow,
b) Forty-four dollars and eighty-one cents ($44.81) per 1,000 sq. ft. for parcels
generating high strength flows, and
c) One hundred five dollars and forty-eight cents ($105.48) per 1,000 sq. ft. for
parcels generating industrial strength flows.
7.3 The Sewer Service fees provided herein may be adjusted by CMSD to the
extent permitted by Articles XIIIC and XIIID of the California Constitution, Government
Code section 53750 et. seq. and other applicable laws. In the event of an adjustment in
Sewer Service fees, CMSD shall notify City within thirty (30) days of each adoption or
rates under this Section 7.
7.4 CMSD shall invoice City for Sewer Service fees annually prior to July 1 of
each fiscal year. In the event any parcel(s) identified in Exhibits A and B, as may be
amended in accordance with Section 6, is annexed into the CMSD's Jurisdictional Limits
during a fiscal year, CMSD shall prorate the amount owed for that particular parcel(s)
based upon the number of months served during the annual invoice period. Example: If
one hundred (100) parcels were annexed into the CMSD on January 1 of a calendar year,
the Sewer Service fee shall be for six (6) months (July -December) for said annexed
properties.
Section 8. Liability. CMSD shall be responsible for sewer spills and releases of
sanitary sewer within CMSD's Jurisdictional Limits caused by CMSD's negligence or
willful misconduct and agrees to indemnify, defend and hold harmless the City, its City
Council, boards and commissions, officers, agents, volunteers and employees from and
against any and all claims, demands, damages, actions, causes of action, suits, losses,
COSTA MESA SANITARY DISTRICT Page 3
judgments, fines, penalties, liabilities, costs and expenses related to CMSD's negligence
or willful misconduct as provided herein.
City shall be responsible for sewer spills and releases of sanitary sewer outside the
CMSD's Jurisdictional Limits but within the geographical limits of City caused by City's
negligence or willful misconduct and agrees to indemnify, defend and hold harmless
CMSD, its Board, commissions, officers, agents, volunteers and employees from and
against any and all claims, demands, damages actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses related to City's negligence or
willful misconduct as provided herein.
A Party causing or contributing to spills or releases of wastewater within the other Party's
area of responsibility as defined in this Section 8 shall be liable for damage, cleanup, and
regulatory fines of said spills and releases.
Section 9. Staff Representatives. Each Party shall appoint one (1) staff
representative and one (1) alternate staff representative to work with the staff
representatives and alternate representatives of other Party to facilitate communication
and aid in the administration of this Agreement. City's staff representative is the Utilities
Director and CMSD's staff representative is the General Manager.
Section 10. Notices. Any notice or other document and all billings and payments
required or permitted to be given by either Party to the other Party shall be deemed
received upon personal delivery to the recipient or two (2) business days after deposit in
the United States mail in the State of California, with postage prepaid, and addressed to
the Party for whom intended at the following address:
To CMSD: Costa Mesa Sanitary District
290 Paularino Avenue
Costa Mesa, CA 92626
Attention: General Manager
Telephone: (949) 645-8400
E-mail: scarroll@crosdca.gov
To CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attention: Utilities Director
Telephone: (949) 644-3011
E-mail: mvukojevic@newportbeachca.gov
COSTA MESA SANITARY DISTRICT Page 4
Billing: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attention: Accounts Payable
Telephone: (949) 644-3117
E-mail: ap@newportbeachca.gov
Either Party may update its addresses for notice from time to time by providing prior
written notice to the other Party given as required by this section.
Section 11. General Provisions.
11.1. Neither Party shall delegate, transfer, subcontract or assign its duties or rights
hereunder, either in whole or in part, without the other Party's prior written consent, and
any attempt to do so shall be void and of no effect. Neither Party shall be obligated or
liable under this Agreement to any person other than the Other Party. There is no intended
third -party beneficiary of any right or obligation assumed by the Parties.
11.2. This Agreement shall be binding on the successors and assigns of the Parties.
11.3. Time is of the essence for each and every provision of this Agreement.
11.4. The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are descriptive only and for convenience in reference to this
Agreement. Should there be any conflict between such heading, and the section or
paragraph thereof at the head of which it appears, the section or paragraph thereof, as
the case may be, and not such heading, shall control and govern in the construction of
this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form
and vice versa, and the plural shall be substituted for the singular form and vice versa, in
any place or places herein in which the context requires such substitution(s).
11.5. The waiver by a Party of any breach of any term, covenant or condition herein
contained shall not be deemed to be a waiver of such term, covenant or condition or of
any subsequent breach of the same or any other term, covenant or condition herein
contained. No term, covenant or condition of this Agreement shall be deemed to have
been waived by a Party unless in writing signed by one authorized to bind the Party
asserted to have consented to the waiver.
11.6. A Party shall not be liable for any failure to perform if it presents evidence
acceptable to the other Party that such failure was due to causes beyond the control and
without the fault or negligence of the Party claiming the benefit of this paragraph.
11.7. Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every
other right, power, or remedy provided for herein or now or hereafter existing at law, in
equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the
COSTA MESA SANITARY DISTRICT Page 5
forbearance from the exercise by either Party of any one or more of such rights, powers
or remedies shall not preclude the simultaneous or later exercise by such Party of any or
all of such other rights, powers or remedies.
11.8. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or
provision shall be amended to, and solely to the extent necessary to, cure such invalidity
or unenforceability, and shall be enforceable in its amended form. In such event, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
11.9. Exhibits A and B are hereby incorporated into this Agreement. In the event of any
material discrepancy between the provisions of this Agreement and the provisions of any
exhibit, the Agreement shall prevail. This instrument contains the entire Agreement
between City and CMSD with respect to its subject matter. No other, prior oral or written
agreements are binding upon the Parties. Except as provided in Section 6, amendments
to this Agreement shall be effective and binding only if made in writing and executed on
behalf of both Parties.
11.10. Each Party had an opportunity to consult with an attorney in reviewing and drafting
this Agreement. Therefore, the rule construing ambiguities against a drafting party shall
not apply.
[SIGNATURES ON NEXT PAGE]
COSTA MESA SANITARY DISTRICT Page 6
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first hereinabove written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:-�_s=.=-z
iAaron .Harp
City Aft ney
ATTEST:
By:
Z_',
Leila;17tXwn
City Cler
APPROVED AS TO FORM:
By: aZ4 -�'
Alan R. Burns
Costa Mesa Sanitary District Legal
Counsel
CITY OF NEWPORT BEACH,
a California municipal corporation
By: "_ -,
Diary B. Dixon
Mayor
COSTA MESA SANITARY DISTRICT
By:
Jame erryman
President, Board of Directors
ATTEST;
(END OF SIGNATURES]
Attachments: Exhibit A - Sewer Service Boundary
Exhibit B - Parcels Receiving Sewer Services
COSTA MESA SANITARY DISTRICT Page 7
EXHIBIT A
Sewer Service Boundary
COSTA MESA SANITARY DISTRICT Page A-1
C/
O
0 0 500 1,000
NFeet
UPPER
NEWPORT
4t,II
v, Sewer Service Boundary
Properties W/Sewer Flows to CMSD
- Properties W/O Sewer Connections
Properties with Sewer Flows to
. IZ
Costa Mesa Sanitary District
Attachment A
CMSD Sewer Maps AttachmentA—
a NBA 9`
NEWPORT BEACH
City of Newport Beach
CIS Division
August 19, 2019
EXHIBIT B
Parcels Receiving Sewer Services
COSTA MESA SANITARY DISTRICT Page B-1
Properties with Sewer Flow to CMSD Exhibit B
Property Address
APN
Description
Current Boundary
Service Provider
Mesa Drive
2128 Mesa Drive
439-061-14
SFR
City
City
2140 Mesa Drive
439-061-04
SFR
City
City
2148 Mesa Drive
439-061-05
SFR
City
City
2412 Mesa Drive
439-051-04
SFR
City
City
2600 Mesa Drive
439-051-05
SFR
City
city
2612 Mesa Drive
439-051-06
SFR
City
city
No address
439-051-07
Part of 2612
City
N/A
Noaddress
439-051-09
Part of 2612
City
N/A
No address
439-051-10
Part of 2612
City
N/A
Noaddress
439-061-13
Vacant
City
N/A
No address
439-061-16
Vacant
city
N/A
Noaddress
119-300-15
Part of golf course
City
N/A
No address
119-300-16
Part of golf course
City
N/A
No address
119-300-17
Part of golf course
city
N/A
No address
119-310-04
Part of golf course
City
N/A
Harbor Christian Church
2401 Irvine Ave
439-152-01
Commercial
city
City
Interpretive Center
2301 University Drive
440-142-23
Commercial
City
City
119-261-21
Part of 2301
TRACT4444
2400 Univsersity Drive
439-301-11
SFR
City
city
2402 University Drive
439-301-12
SFR
City
City
2404 Univsersity Drive
439-301-13
SFR
City
city
2406 University Drive
439-301-14
SFR
City
City
2408 Univsersity Drive
439-301-15
5FR
City
City
2410 University Drive
439-301-16
SFR
City
City
2412 Univsersity Drive
439-301-17
SFR
City
City
2414 University Drive
439-301-18
SFR
city
City
2416 Univsersity Drive
439-301-19
SFR
City
City
2418 University Drive
439-301-20
SFR
City
City
2420 Univsersity Drive
439-301-09
SFR
City
City
2422 University Drive
439-301-10
SFR
City
City
2424 Univsersity Drive
439-301-07
SFR
City
City
2426 University Drive
439-301-21
SFR
City
City
2428 Univsersity Drive
439-301-22
SFR
City
City
2430 University Drive
439-301-23
SFR
City
City
2500 Univsersity Drive
439-301-08
SFR
City
city
2502 University Drive
439-301-05
SFR
City
city
2504 Univsersity Drive
439-301-06
SFR
City
City
2506 University Drive
439-301-04
SFR
City
City
2508 Univsersity Drive
439-301-24
SFR
City
city
2510 University Drive
439-301-25
SFR
City
City
2512 Univsersity Drive
439-301-26
SFR
City
city
2514 University Drive
439-301-28
SFR
City
City
2516 Univsersity Drive
439-301-27
SFR
City
City
2518 University Drive
439-301-29
SFR
City
City
2520 Univsersity Drive
439-301-30
SFR
City
city
2522 University Drive
439-301-31
SFR
City
City
2524 Univsersity Drive
439-301-32
SFR
City
City
2526 University Drive
439-301-33
SFR
City
City
2528 Univsersity Drive
439-301-02
SFR
City
city
2530 University Drive
439-301-03
SFR
City
City
2532 University Drive
4M�-301Z--T
SFR
City
City
Page 1 of 3
Properties with Sewer Flow to CMSD Exhibit B
Property Address
APN
Description
Current Boundary
Service Provider
2534 University Drive
NCAPN
parkinglot
City
N/A
YMCA
2300 University Drive
439-401-01
Commercial
City
City
Bay Corporate Plaza
2280 University Drive
439-401-08
Commercial
City
City
2260 University Drive
439-401-07
Commercial
City
City
2240 University Drive
439-401-02
Commercial
City
City
439-401-03
Part of 2240
City
City
2220 University Drive
439-401-04
Commercial
City
City
TRACT3801
1830 Irvine Ave
117-574-07
SFR
City
city
1836 Irvine Ave
117-574-06
SFR
City
City
18421rvineAve
117-574-05
SFR
City
City
18481rvineAve
117-574-04
SFR
City
City
19001rvineAve
117-574-03
SFR
City
City
19061rvineAve
117.574-02
SFR
City
City
1912 Irvine Ave
117-574-01
SFR
City
City
1918 Irvine Ave
117-601-05
SFR
City
City
1924 Irvine Ave
117-601-04
SFR
City
City
1930 Irvine Ave
117-601-03
SFR
City
City
1936 Irvine Ave
117-601-02
SFR
City
City
2131 Santiago Drive
117-601-01
SFR
City
City
1831 TradevAnd2 Lane
117-574-08
SFR
City
city
1837 TradeMnds Lane
117-574-09
SFR
City
city
1843 Tradewinds lane
117-574-10
SFR
City
City
1849 Tradewinds lane
117-574-11
SFR
City
City
1901TradewindsLane
117-574-12
SFR
city
City
1907 Tradewinds Lane
117-574-13
SFR
city
City
1915 Tradewinds Lane
117-574-14
SFR
City
City
1921 Tradewinds Lane
117-601-06
SFR
city
city
1927 Tradewinds lane
117.601.07
SFR
City
city
1933 Tradewinds Lane
117.601-08
SFR
City
City
1939 Tradewinds Lane
117-601-09
SFR
City
City
1945 Tradewinds Lane
117-601-10
SFR
city
City
1834 Tradewinds Lane
117-572-41
SFR
city
City
1840 Tradewinds Lane
117-572-40
SFR
city
city
1846 Tradewinds Lane
117-572-39
SFR
City
city
1800irvineAve
117-571-03
SFR
City
city
2806 Irvine Ave
117-571-04
SFR
City
city
1814 Irvine Ave
117-571-05
SFR
City
City
1820 Irvine Ave
117-571-06
SFR
City
City
2001 Santiago Drive
117-602-10
SFR
city
City
2007 Santiago Drive
117.602-09
SFR
City
City
2015 Santiago Drive
117-602-08
SFR
city
City
2021 Santiago Drive
117-602-07
SFR
City
city
2027 Santiago Drive
117-602-06
SFR
City
city
2033 Santiago Drive
117 -602 -OS
SFR
City
city
2039 Santiago Drive
117-602-04
SFR
City
City
2101 Santiago Drive
117-602-03
SFR
City
City
2107 Santiago Drive
117-602-02
SFR
City
City
2115 Santiago Drive
117-602-01
SFR
City
City
2006 Santiago Drive
117-606-03
SFR
City
City
2012 Santiago Drive
117-606-02
SFR
City
City
2018 Santiago Drive
117.606-01
SFR
City
City
2036 Santiago Drive
117-604-07
SFR
ON
City
Page 2 of 3
Properties with Sewer Flow to CMSD Exhibit B
Property Address
APN
Description
Current Boundary
Service Provider
2100 Santiago Drive
117-604-06
SFR
City
City
2106 Santiago Drive
117-604-05
SFR
City
City
2112 Santiago Drive
117-604-04
5FR
City
City
2118 Santiago Drive
117-604-03
SFR
City
City
2124 Santiago Drive
117-604-02
SFR
City
City
2130 Santiago Drive
117-604-01
SFR
City
City
2006 Leeward Lane
117-602-11
SFR
City
City
2012 Leeward lane
117-602-12
SFR
City
City
2018 Leeward lane
117-602-13
SFR
City
City
2024 Leeward Lane
117-602-14
SFR
City
City
2030 Leeward Lane
117-602-15
SFR
City
City
2100 Leeward Lane
117-602-16
SFR
City
City
2106 Leeward Lane
117-602-17
SFR
City
City
2112 Leeward Lane
117-602-18
SFR
City
City
2118 Leeward Lane
117-602-19
SFR
City
City
2124 Leeward Lane
117-602-20
SFR
City
City
2007 Leeward Lane
117-603-09
SFR
City
City
2015 Leeward Lane
117-603-08
SFR
City
City
2021 Leeward Lane
117-603-07
SFR
City
City
2027 Leeward Lane
117.603-06
SFR
City
City
2101 Leeward Lane
117-603-05
SFR
City
City
2107 Leeward Lane
117-603-04
SFR
City
City
2115 Leeward Lane
117-603-03
SFR
City
City
2121 Leeward Lane
117-603.02
SFR
City
City
2127 Leeward Lane
117-603-01
SFR
City
City
1924 Tradewinds Lane
117-603-01
SFR Part of 2127
City
City
2007 Windward Lane
117-572-31
SFR
City
City
2015 Windward Lane
117-572-32
SFR
City
City
2021 Windward Lane
117 572-33
SFR
City
City
2101 Windward Lane
117-572-34
SFR
City
City
2107 Windward Lane
117-572-35
SFR
City
City
2115 Windward Lane
117-572-36
SFR
City
City
2021 Windward Lane
2127 Windward Lane
117-572-37
117-572-38
SFR
SFR
City
City
City
City
2012 Windward Lane
117-575-08
SFR
City
City
2018 Windward Lane
2024 Windward Lane
2100 Windward Lane
2106 Windward Lane
2112 Windward Lane
117-575-07
117-575-06
117-575.05
117-575-04
117-575-03
SFR
SFR
5FR
SFR
SFR
City
City
City
City
City
City
City
City
City
City
2118 Windward Lane
2124 Windward Lane
1930 Galaxy Drive
1936 Galaxy Drive
1942 Galaxy Drive
1950 Galaxy Drive
1958 Galaxy Drive
2000 Galaxy Drive
2006 Galaxy Drive
2012 Galaxy Drive
2018 Galaxy Drive
2024 Galaxy Drive
2030 Galaxy Drive
2036 Gaiaxy Drive
2042 Galaxy Drive
117-575.02
117-575-01
117-641.06
117-641-05
117-641-04
117-641.03
117-641.02
117-641-01
117-605-07
117-605.06
117-605-05
117-605.04
117-605-03
117-605-02
117-605-01
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
SFR
5FR
SFR
SFR
SFR
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
Page 3 of 3