HomeMy WebLinkAboutCC 13 LEMON HEIGHTS WTR 10-1-90CONSENT CALENDAR NO. 13
10-1-90
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DATE: SEPTEMBER 21, 1990 A��R
0Inter - Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DEPARTMENT OF PUBLIC WORKS/FIELD SERVICES
SUBJECT: EXTENSION OF AGREEMENT FOR MANAGEMENT SERVICES WITH THE
LEMON HEIGHTS MUTUAL WATER COMPANY
RECOMMENDATION:
That the City Council at their regularly scheduled meeting of
October 1, 1990, authorize the extension of the maintenance agreement
with the Lemon Heights Mutual Water Company for a period of 120 days or
until January 17, 1991.
DISCUSSION:
On July 1, 1990, Council approved a short term maintenance agreement with
the Lemon Heights Mutual Water Company (LHMC) which provided for Tustin
to perform monitoring, operation and emergency repairs until which time
they could recruit and train personnel.
The agreement expired on September 17, 1990. Lemon Heights Mutual Water
Company now has requested an extension of 120 days during which time they
would like to explore the possibilities of an extended two year agreement.
The attached maintenance agreement provides that it can be extended through
mutual agreement by the City and Lemon Heights Mutual Water Company.
The impact on the City of Tustin for the period from May 21st through
September 17th have not been disruptive to our work schedules.
,e Bob Ledendecker
Director of Publ' Works/
BL:ccg
Engineer
AGREEMENT FOR MANAGEMENT SERVICES
THIS AGREEMENT for OPERATION and MONITORING SERVICES (the
"Agreement") is made as of July 2 1 1990 between the
CITY OF TUSTIN WATER SERVICE, a municipal corporation ("Tustin"),
and LEMON HEIGHTS MUTUAL WATER COMPANY, a mutual water company
("L11MWC") .
RECITALS
A. LHMWC has requested assistance from Tustin for daily
monitoring and operation of its water delivery system and to
perform emergency repairs on the water delivery system; and
B. Tustin has expressed its willingness to provide such
assistance on a temporary basis for 120 days commencing from May
21, 1990, to September 17, 1990, on the condition that all expenses
incurred by Tustin in providing such assistance are reimbursed; and
C. Tustin has commenced such assistance, beginning on May
21, 1990.
AGREEMENT
In consideration of the mutual promises contained in this
Agreement, LHMWC and Tustin agree as follows:
1. Tustin will perform daily monitoring and operation of the
LHMWC water delivery system at the following rates:
(a) WEEKDAYS
Pay Rate
Benefits and Overhead (33%)
Vehicle Expense
Total Hourly Rate
$12.207/Hr.
4.028/Hr.
4. 50 /Hr.
$20.735
(b) WEEKENDS AND HOLIDAYS
1.5 x Hourly Pay Rate
Benefits and Overhead
Vehicle Expense
Total Hourly Rate
(c) MANAGEMENT AND SUPERVISION
$18.31 /Hr.
4.028/Hr.
4.50 /Hr.
$26.838
(1) One hour per week will be billed for management and
supervision at the rate of $25.585/Hr.
(2 ) It is understood between LHMWC and Tustin that under
normal conditions 1 hour per day will be required
for system monitoring and operation. It is further
understood that during peak seasonal demand periods
additional monitoring may be required.
(3 ) LHMWC may, at its option, employ part-time employees
for weekend and holiday operations.
(4) Meter reading shall be performed by Tustin at the
option of LHMWC, at the above hourly rates.
(5) Tustin will provide emergency repair services. to
LHMWC's water system at the following rates:
(i) WEEKDAYS
All emergency repairs shall be billed at the
hourly rate for the Tustin employee(s)
providing service to LHMWC, plus 33% for
benefits and overhead, based upon the salary
schedule attached hereto as Exhibit "A".
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Equipment and material used shall be billed at
the following rates:
Service Truck and Tools $12.50/Hr.
Backhoe
Dump Truck
Materials
(ii) AFTER HOURS, WEEKENDS AND HOLIDAYS
$25.00/Hr.
$25.00/Hr.
At Cost
The rate charged shall be calculated at 1.5
times. the hourly pay rate of the Tustin
employee(s) providing the services. Benefits
and overhead shall be included at 33% of the
straight hourly rate.
2. It is understood that LHMWC shall fully indemnify,
defend, and hold Tustin harmless from any liability imposed or
injury or damage occurring in connection with the provision of
services to LHMWC under this Agreement.
3. Employees provided to perform this Agreement will be
subject to direct supervision and control of Tustin.
4. This document, including the attached Exhibit "A",
contains the entire agreement between the parties relating to the
rights granted herein and the obligations herein assumed. Any oral
representations or modifications concerning this document shall be
of no force and effect except a subsequent modification in writing,
signed by the party to be charged.
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5. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
6. The term of this Agreement shall be from May 21, 1990,
through September 17, 1990, unless a longer period is expressly
agreed upon in writing by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
CITY OF TUSTIN
By
Title Richard B. Edgar, Ma r
LEMON HEIGHTS MUTUAL WATER COMPANY
By
Title Board of Direc e en
11 X
APPRO TO F RM:
JA . ROU E y
City Attorney
(s\894.rr)
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