REVISED. AGENOA# May 10,2011. April 21, 2011

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1 AGENOA# May 10,2011 AKI K. NAKAO. Director Ff\X ~ 9711 www "egov org/gsa/ REVISED April 21, 2011 Honorable Board of Supervisors County of Alameda 1221 Oak Street, Suite 536 Oakland, California Dear Board Members: SUBJECT: APPROVE AN AGREEMENT FOR EMERGENCY WATER SERVICES BETWEEN DUBLIN SAN RAMON SERVICES DISTRICT AND ALAMEDA COUNTY; AMOUNT: $10,427; MASTER CONTRACT NO RECOMMENDATIONS: A. Approve the attached Agreement for Emergency Water Services between the Dublin San Ramon Services District and Alameda County for the installation of two emergency water service connections for use if the existing water supply is disrupted; and B. Authorize the President, Board of Supervisors, to sign and execute the Agreement for Emergency Water Services between the Dublin San Ramon Services District (DSRSD) and Alameda County after Counsel review. DISCUSSION/SUMMARY: The County owns and operates its own water system within the DSRSD service area that serves the Emergency Operations Center (EOC), and the County is a customer of the DSRSD. In the event of an emergency, the County water system may become compromised and it may become desirable for the DSRSD to supply water temporarily for the duration of the emergency. The Santa Rita Jail water supply is provided by an alternate source and can be switched to the EOC water system in an emergency. The Agreement was signed by the Board of Directors of the DSRSD on April 5, 2011.

2 Honorable Board Members Apri121, 2011 FINANCIAL: Appropriations for this agreement are included in the General Services Agency Building Maintenance Department's approved FY budget. There is no increase to net County cost. Respectfully submitted, ~. Director, General Services Agency J:\BOARD LETTERS\REAL J>ROPERTY\LETTERS\DSRSD EMERGENCY WATER AGREEMENT 4.ZO.I1.DOC Attachments cc: Susan S. Muranishi, County Administrator Patrick 1. O'Connell, Auditor-Controller Donna Zeigler, ChiefAssistant County Counsel

3 AGREElVfENT FOR EMERGENCY WATER SERVICES BETWEEN DUBLIN SAN AMON SERVICES DISTRICT AND ALAMEDA COUNTY ORIGINAL THIS AGREEMENT, for Emergency Water Services between Dublin San Ramon Services District, a public agency, located within the Counties ofalameda and Contra Costa, and Alameda County, a public agency, each of which is located in the State of California, made this day of, 20I! ; WITNES SETH: WHEREAS, Dublin San Ramon Services District and Alameda County (hereinafter called "DSRSD" and "County", respectively, and collectively called "the Agencies" Or "both Agencies") desire to enter into an Agreement providing for two emergency water service interconnection points at specified locations; and WHEREAS, County owns and operates its own water system within the DSRSD service area, and County is a customer of DSRSD; and WHEREAS, in the event of an emergency the County ",vater system may become compromised and it may become desirable for DSRSD to supply water temporarily for the duration of the emergency; find WHEREAS, the Boards of Directors of DSRSD and the Alameda County Board of Supervisors have deteonined that it is in their agency's respective best interests to provide for such interconnection; and WHEREAS, the parties do not intend that tlus agreement, under which DSRSD agrees to provide water if and to the extent that it detennines that water is available during specified emergency conditions, should be deemed an agreement for supplemental water sales or an amendment to the existing agreement for water service; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth the parties hereto agree as follows: 1. DEFWITION OF EMERGENCY. An emergency is a shortage of water due to actual or imminen.t failure of transmission, storage or disltibution facilities caused by a disaster such as, but not limited to, earthquake, flood, or landslide, or a major conflagration of accident or event beyond the control of either DSRSD or County which causes the activation of the Emergency Operations Center (EOC) or which prevents the County water system from meeting the demands for water through the existing point of connection through the 6-inch water meter located near the northeast corner of Broder Boulevard and Amold Road. "Emergency" does not mean a shortage of water due to high continuing demand or drought, and neither intertie shall be used as a stand-by or reserve source of water to meet the peak water requirements of the uses served by the County water system. 2. DECLARATION OF EMERGENCY. County, upon its detennination that all emergency exists (as defined above) may request service under this Agreement and DSRSD immediately shall respond with its own detennination regarding the existence of such emergency and, ifthere is concurrence, whether water is available to be furnished under this agreement, and

4 if so, in what quantities. Communications between DSRSD and County under this paragraph shall be between the General Manager of DSRSD and the Director, General Services Agency, of Alameda County or their designated representatives. 3. SCOPE OF WATER SUPPLY SERVICE. Except as specified in paragraphs 4(b) and 4(c) below, each of the Agencies shall install, own, operate, and maintain any and all pumps, valves, control devices, and meter on its side of each interconnection. DSRSD shall furnish County the quantity of treated water which DSRSD determines that it can reasonably furnish during the emergency. The supply shall be interruptible based upon the determination of DSRSD concerning the needs of its customers under the circumstances then prevailing, which needs shall be met prior to providing water to County under this agreement. DSRSD shall face no liability should it detennine that it is unable to furnish water to County under this agreement during all, or any portion of, the duration of an emergency. As soon as the emergency has ceased, the intertie connection(s) shall immediately be secured and the connection(s) shall be immediately shut off and the connection(s) removed. County shalj be solely responsible for the water delivered to it hereunder from the point of connection; and it shall indemnify, defend, and hold hannless DSRSD, its directors, officers, agents, and employees from and against any and all losses, liability, expense, claims, cost, suits, and damages, including attorneys fees, arising out of the transportation, storage, treatment, use or consumption of the water beyond the point of connection, or arising out of any interruption, suspension, adjustment, or termination ofthe water supply provided hereunder. 4. OPERATIONAL PROVISIONS. (a) Connections. Two locations (hereinafter described) are available for con.nections where the two Agencies' facilities are near each other in Dublin, Califom ia. The Agencies have each constructed facil ities to enable connections at: (I) the EOC connection point, a two-inch connection north of Broder Boulevard to service the EOC (as shown on Attachment I attached hereto and incorporated herein by this reference), and at (2) the Madigan connection point, an eight-inch connection east of Madigan Road near Broder Boulevard, Dublin, (as shown on Attachment 2 attached hereto and incorporated herein by this reference). The Agencies have each constructed, at its expense, a valved pipe and appurtenances leading from its facilities and terminating in a vault. The Agencies shall each own, operate and maintain their respective facilities, and nothing herein contained shall be deemed to affect the title to facilities of the Agencies. So far as may reasonably be maintained under emergency demand conditions, the maximum rate of flow shall be: (I) at the EOe connection point, 150 gallons per minute and at (2) the Madigan connection point, 800 gallons per minute, provided that the aggregate flow from DSRSD to County shall in no circumstance exceed 800 gailons per minute. (b) Intertie Connectors. Water shall be made available at the normal system operating pressures within DSRSD's applicable service zone(s). Because the operating pressures in the County system is approximately 65 psi (pounds per square inch) greater than those in nearby DSRSD mains, County shall maintain its own connector piping and equipment for affecting the transfer. At the EOC connection point, County shall install and maintain a permanent reduced pressure backflow device along with a locking meter stop valve, flow meters and batteries and pumps, as appropriate, for regulating the rate of flow and pressure of the water to be transferred. (c) Operations. Upon DSRSD's concurrence in a declaration of emergency pursuant hereto, the receiving County and DSRSD, in cooperation, shall install facilities to complete the connection at one or both of the locations above described, and shall commence its operation. Each Agency shall be responsible for operating its own valves and shall not operate any valves of

5 the other Agency. Connectors shall be installed at both locations ifthe Agencies agree that such is necessary. Both Agencies shall inspect the installed connectors and shall record any applicable meter readings before operating their respective intertie valves. While the EOC connection is in use, the water supply serving the building housing the EOC from the County system shall be isolated so that only one water source may service the facility. (d) Payment for Services. County shall pay DSRSD for water provided under this agreement at the same rates then in place at time of service. DUBLIN SAN RAMON SERVICES DISTRICT BY'~-- D. L. (Pat) Howard President, Board of Directors Attest: ~~.W ojd Nancy G. Ha leld District Set;n;tary APPROVED AS TO FORM: v~{fco~ ALAMEDA COUNTY APPROVED AS TO FORM: RICHARD E. WINNIE, :~J!J.li}~ R bert D. Reiter Deputy County Counsel By: _ President, Board of Supervisors f1:\board\04-05-ii\osrsd IntercOMeet Agreement with Alameda County\ mergency lnlcr\ie w Alco Agrnt [ 06-II_rvv.docx

6 Attachtuent 1 PROpcis D -_. INTERT/ DSRS-D--ALAMEOA COUNTY'. _ _ ~ AT BRODER BOULEVARD PROPOSED NEW FLANGED CONNECTIONS-...".--- 1" = 600' X 16"W (DSRSD) I S BRODER --llu

7 Attachment 2 PROPOSED OSRSD-ALAMEDA COUNTY \\. INT RT/E AT MADIGAN ROAD ] PROPOSED NEW FLANGED CONNECTION 1 11 = 600' EX 8"W (DSASD) lexisting FlANGED CONNECTION nn[) :J ALAMEDA D~r----.r--:> COUNTY JAIL V~ [ ) PROPOSED INTERT/E FACILITIES " ~~ LOCATION / / / ~\. \