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HomeMy WebLinkAbout25N - AGMT - EXTEND IMPORTED WATER PURCHASEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 19, 2012 TITLE: PURCHASE ORDER EXTENSION WITH METROPOLITAN WATER DISTRICT FOR IMPORTED WATER PURCHASE r CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached purchase order (Exhibit 1) for a two-year extension between the Metropolitan Water District of Southern California and the City of Santa Ana to obtain imported water, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION At its October 9, 2012, meeting, the Metropolitan Water District (MWD) Board approved to amend and restate existing purchase orders for two years, to December 31, 2014, with no changes in the terms and conditions. Most significantly, the two-tier rate structure that was established in 2003 will remain the same. Member agencies have the opportunity to extend their purchase orders, guaranteeing a minimum quantity of water over a two-year period from January 1, 2013, through December 31, 2014. Each member agency's minimum quantity of water is based on its highest year's firm demand (base demand) since FY 1989-90 and will not change. For Santa Ana, the base demand will remain at 13,476 acre-feet (AF) per year. Without a purchase order extension, a member agency can purchase up to 60 percent of its base demand (for Santa Ana this would be 8,086 AF) each year at MWD's Tier 1 rate of $847 per AF for CY 2013. All additional water purchases would be charged at MWD's Tier 2 rate of $997 per AF for CY 2013, and would be subject to the availability of Tier 2 water supplies. By extending the purchase order, a member agency can purchase up to 90 percent of its base demand (for Santa Ana this would be 12,129 AF) each year at the Tier 1 rate. In the original purchase orders, agencies were committed to purchasing a 10-year minimum on a "take or pay" basis. "Take or pay" means that if the City purchased less than the purchase order commitment during the 10-year period, it would still be required to pay for the unused quantity of water. For Santa Ana, the 10-year commitment is to purchase 79,029 AF, which meets its purchase order commitment. 25N-1 Purchase Order Extention with Metropolitan Water District for Imported Water Purchase November 19, 2012 Page 2 of 2 Staff recommends extending the purchase order with MWD based on a comparison of estimated FY 2013-14 MWD supply costs with and without the extension. Water supply costs without the purchase order extension are estimated to be $10.9 million. However, with the extension, the purchased water costs are estimated to be $10.3 million, a savings of approximately $606,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Production and Supply Fund (Accounting Unit 06017640-63001). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt, Services Agency RG/NS Exhibit: 1. Agreement 25N-2 AMENDED AND RESTATED PURCHASE ORDER FOR SYSTEM WATER TO BE PROVIDED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA PURCHASER: CITY OF SANTA ANA TERM 12 years INITIAL BASE FIRM DEMAND: 13,476.3 acre-feet EFFECTIVE DATE: January 1, 2003 INITIAL TIER 1 ANNUAL MAXIMUM: 12,128.7 acre-feet PURCHASE ORDER COMMITMENT: 97,029.0 acre-feet Definitions of capitalized terms used in this Purchase Order are provided in Attachment 1. Terms used in this Purchase Order and not defined in Attachment 1 are defined in Metropolitan's Administrative Code. COMMITMENT TO PURCHASE. In consideration of Purchaser's commitment to purchase System Water pursuant to this Purchase Order, Metropolitan agrees to sell such System Water to Purchaser at the Tier 1 Supply Rate each year in an amount up to the Tier 1 Annual Maximum. System Water sold to Purchaser (excluding deliveries of interruptible water, including but not limited to the Interim Agricultural Water Program, Long-Term Seasonal Storage Service and Replenishment Service) in an amount greater than the Tier 1 Annual Maximum shall be sold to the Purchaser at the Tier 2 Supply Rate. In connection with the receipt of System Water, the Purchaser also agrees to pay all other applicable rates and charges, as established by Metropolitan from time to time in accordance with Section 4304 of the Administrative Code. The rates and charges applicable to System Water as of the Effective Date are shown in Attachment 2. Purchaser agrees to purchase System Water from Metropolitan during the Term in an amount (excluding deliveries of interruptible water, including but not limited to the Interim Agricultural Water Program, Long-Term Seasonal Storage Service and Replenishment Service) not less than the Purchase Order Commitment. Purchaser recognizes and agrees that Metropolitan has relied and will, during the term of this Purchase Order, rely on this commitment by Purchaser in setting its rates and charges, planning and providing its capital facilities and developing its water supply, management and reliability programs. If Purchaser's applicable System Water purchases during the Term are less than the Purchase Order Commitment, Purchaser agrees to pay Metropolitan an amount equal to the difference between the Purchase Order Commitment and Purchaser's applicable System Water purchases during the Term times the average of the Tier 1 Supply Rate in effect during the Term. The Purchaser agrees to pay such amount to Metropolitan within the next regular billing cycle following the reconciliation of all certifications for special programs that the Purchaser may participate in (e.g. Interim Agricultural Water Program, Long-term Seasonal Storage Service). The Purchaser may elect to pay such amount in twelve equal monthly payments over the course of the next twelve months beginning with the first regular billing cycle -1- 25N-3 following the reconciliation of all outstanding certifications for special programs. If the Purchaser elects to pay such amount over the course of the next twelve months following the regular billing cycle any outstanding balance shall bear interest at Metropolitan's then current investment portfolio average yield. All other amounts payable under this Purchase Order shall be billed and paid in accordance with the Administrative Code. The Purchaser further recognizes that this Purchase Order is entered into for the direct benefit of the holders and owners of Metropolitan's Bonds issued from time to time under the Act and the Bond Resolutions, and the income and revenues derived from this Purchase Order will be pledged for the purposes set forth in the Bond Resolutions, including the payment of principal of and interest on such Bonds. RENEWAL: Prior to but not later than December 31, 2010, the Purchaser may provide a non-binding written notice to Metropolitan of the Purchaser's determination to extend this Purchase Order. Upon the receipt of such notice, the Board of Directors of Metropolitan (the "Board") shall determine whether Metropolitan will continue to provide System Water to member agencies by Purchase Order. If the Board so determines, the Purchaser and Metropolitan shall amend this Purchase Order to include an extended term and/or to include such other terms and conditions as may be mutually agreed by the parties. If the Purchaser elects not to renew this Purchase Order it will terminate upon the expiration of the Term. WATER SERVICE: Conditions of water service by Metropolitan to the Purchaser, including but not limited to (i) delivery points, (ii) water delivery schedules, and (iii) water quality, will be determined in accordance with Chapter 5 (Section 4500 through 4514, inclusive, as applicable) of Metropolitan's Administrative Code. In accordance with its Administrative Code, Metropolitan shall use its reasonable best efforts to supply System Water in the quantities requested by the Purchaser, but is not obligated to dedicate any portion of System capacity for the conveyance, distribution, storage or treatment of System Water for the benefit of the Purchaser or any other member agency. Metropolitan shall use its reasonable best efforts to deliver the Firm Demand when needed by the Purchaser during the Term; provided however, there shall be no default under this Purchase Order if Metropolitan fails to deliver water to the Purchaser in accordance with any such schedule of deliveries during the Term. By execution of this Purchase Order, the Purchaser recognizes and agrees that it acquires no interest in or to any portion of the System or any other Metropolitan facilities, or any right to receive water delivered through the System, excepting the right to purchase up to Purchaser's Tier 1 Annual Maximum at the Tier 1 Supply Rate provided that System Water is available. This Purchase Order governs pricing of the System Water delivered to the Purchaser pursuant to this Purchase Order and does not confer any entitlement to receive System Water. System Water provided to the Purchaser under the terms of this Purchase Order shall be subject to reduction in accordance with the shortage allocation provisions of the Water Surplus and Drought Management Plan (the "WSDM Plan") or other such policies and principles governing the allocation of System Water as adopted by the Board. In the event that Metropolitan's Board determines to reduce, interrupt or suspend deliveries of System Water, any outstanding balance of the Purchase Order Commitment at the end of the Term shall be reduced by the reduction in System Water made available to the Purchaser under this Purchase Order. -2- 25N-4 MISCELLANEOUS: This Purchase Order will be interpreted, governed and enforced in accordance with the laws of the State of California. This Purchase Order will apply to and bind the successors and assigns of the Purchaser and Metropolitan. No assignment or transfer of the rights of the Purchaser under this Purchase Order will be valid and effective against Metropolitan or the Purchaser without the prior written consent of Metropolitan and the Purchaser. If at any time during the Term, by reason of error in computation or other causes, there is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided for under this Purchase Order, which overpayment or underpayment is not accounted for and corrected in the annual re-determination or reconciliation of said charges, the amount of such overpayment or underpayment shall be credited or debited, as the case may be, to the Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit or debit, as the case may be. In no case will credits or debits for charges provided for under this Purchase Order be administered beyond the limit for billing adjustments as specified in Metropolitan's Administrative Code. IN WITNESS WHEREOF, this Amended and Restated Purchase Order is executed by the duly authorized officers of the Metropolitan Water District of Southern California and City of Santa Ana, as of December _, 2012. THE METROPOLITAN WATER DISTRICT OF CITY OF SANTA ANA SOUTHERN CALIFORNIA By: By: Jeffrey Kightlinger General Manager [Title] APPROVED AS TO FORM AND CONTENT: General Counsel By: -3- General Counsel By: 25N-5 Attachment 1 Amended and Restated Purchase Order for System Water DEFINITIONS "Act" means the Metropolitan Water District Act, California Statutes 1969, Chapter 209, as amended and supplemented from time to time. "Base Firm Demand" means the greater of (i) the Initial Base Firm Demand Post IAWP or (ii) the ten-year rolling average of the Purchaser's Firm Demand, measured on a fiscal year basis. "Bonds" means water revenue bonds or notes issued under the Bond Resolutions. "Bond Resolutions" means Resolution No. 8329 or Resolution No. 8322, both as amended and supplemented, or any other resolution authorizing the issuance of bonds, notes or other obligations secured by Metropolitan's water sales revenues. "Effective Date" means the effective date of this Purchase Order as specified above. "Firm Demand" means the Purchaser's purchases of non-interruptible System Water supplies, including full service, seasonal shift, Conjunctive Use Program, Surface Storage Operating Agreement water, Recharge and Recovery Operating Agreement water, or any other water program deemed to be a firm delivery of water. "Initial Base Firm Demand" means the Purchaser's highest annual Firm Demand on Metropolitan in any fiscal year during the period from fiscal year 1989/90 through fiscal year 2001/02. In accordance with procedures set forth in Metropolitan's Administrative Code, the Initial Base Firm Demand will be revised to reflect certified and verified deliveries under the Interim Agricultural Water Program and Long-term Seasonal Storage Service Program as such certifications affect the Initial Base Firm Demand. "Initial Base Firm Demand Post IAWP" means the Purchaser's highest annual delivery of water from the District, excluding water delivered under Long-Term Seasonal Storage Service and other deliveries of interruptible water but including Interim Agricultural Water Program deliveries, during any fiscal year from fiscal year 1989/90 through fiscal year 2001/02. "Metropolitan" means The Metropolitan Water District of Southern California. "Purchase Order Commitment" means 60% of the Initial Base Firm Demand times 12. Deliveries of System Water made under the Interim Agricultural Water Program and Long-Term Seasonal Storage Service will not count toward the Purchase Order Commitment. "Purchase Order" means this Amended and Restated Purchase Order for System Water. "Purchaser" means the member public agency specified above, a duly organized [city/water district/county water authority] of the State of California. "System" means the properties, works and facilities of Metropolitan necessary for the supply, development, storage, conveyance, distribution, treatment or sale of water. -4- 25N-6 "System Water" means water supplies developed by Metropolitan and delivered to the Purchaser through the System or other means (e.g. conjunctive use storage). "Term" means the term of this Purchase Order as specified above. "Tier 1 Annual Maximum" means an amount equal to 90% of the Base Firm Demand. "Tier 1 Supply Rate" means Metropolitan's per-acre-foot Tier 1 Supply Rate, as determined from time to time by Metropolitan's Board of Directors. The initial Tier 1 Rate is $73/AF. "Tier 2 Supply Rate" means Metropolitan's per-acre-foot Tier 2 Supply Rate, as determined from time to time by Metropolitan's Board of Directors. The initial Tier 2 Rate is $154/AF. "Water Surplus and Drought Management Plan (WSDM)" means Metropolitan's policy and procedures for managing supplies and drought conditions as adopted by the Board from time to time. -5- 25N-7 Attachment 2 Amended and Restated Purchase Order for System Water RATES AND CHARGES Effective January 1, 2013 Effective January 1, 2014 Tier 1 Supply Rate $/AF $140 $148 Tier 2 Supply Rate $/AF $290 $290 System Access Rate $/AF $223 $243 System Power Rate $/AF $189 $161 Water Stewardship Rate $/AF $41 $41 Full Service Untreated Rate ($/AF): Tier 1 $593 $593 Tier 2 $743 $735 Treatment Surcharge $/AF $254 $297 Full Service Treated Rate $/AF : Tier 1 $847 $890 Tier 2 $997 $1,032 Readiness-to-Serve Charge $ millions $142 $166 Capacity Charge $/cfs $6,400 $8,600 -6- 25N-8