Phoenix IGA Emergency Water

City of Glendale — Regular Meeting (2021-10-26)

View PDF Item 12 Meeting page

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2. 
AGREEMENT TERM. This Agreement’s initial term is 10 years from the 
Effective Date. Upon mutual agreement and formal written amendment executed prior 
to expiration of the initial term, the Parties may renew this Agreement for one additional 
10-year term. 
 
2.1. 
Early Termination. Either Party may terminate this Agreement 
upon providing two (2) years prior written notice of such termination to the other Party. 
Upon such written notice being provided, this Agreement will terminate two (2) years 
from the date of the delivery of the notice to the other Party. Unless terminated as set 
forth in this Agreement, this Agreement will remain in effect for the period of years set 
forth in Section 2. 
 
3. 
EMERGENCY BACKUP WATER SERVICE 
 
3.1. 
Emergency Water Supply. In the event of an emergency situation 
where Glendale lacks sufficient domestic water to meet the needs of its customers, 
Glendale may notify Phoenix to request an immediate or imminent temporary supply of 
Emergency Backup Water from Phoenix for a period up to 60 days, with written follow 
up sent within 3 business days. This request must include reasonable details regarding 
the emergency circumstances, duration, and water needs and be provided to Phoenix in 
accordance with Section 8.2. Phoenix will provide the requested Emergency Backup 
Water at the Point of Delivery, as defined in Section 4, so long as it determines—in its 
sole discretion—that this request will not adversely affect its own operations.  
 
3.2. 
Phoenix’s obligations to Glendale for the Emergency Backup Water 
will terminate at the Point of Delivery. Glendale understands and acknowledges that it 
will have sole responsibility for the distribution of the Emergency Backup Water it 
receives at the Point of Delivery. Glendale is responsible for all operation and 
maintenance costs to provide the Emergency Backup Water to its customers within 
Glendale’s certificated service territory.  
 
3.3. 
Glendale must follow all state and federal laws and regulations 
applicable to water quality and testing with respect to its distribution of the Emergency 
Backup Water. In order to comply with the Safe Drinking Water Act’s requirements, 
Glendale is responsible for providing any additional treatment (including water 
disinfection) after the Point of Delivery at Glendale’s own cost and expense.  
 
4. 
WATER DISTRIBUTION SYSTEM SERVICE CONNECTION.  
 
4.1. 
Point of Delivery. Phoenix will provide treated domestic water to 
Glendale as Emergency Backup Water at the following two points of connection—
individually and collectively the “Point of Delivery”—between the Phoenix water 
distribution system and the Glendale water distribution system: 
 
• 51st Avenue and Tonopah Road

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• Pyramid Peak Parkway and Pinnacle Vista Road  
 
4.2. 
Service Connection Construction. Glendale is in the process of 
connecting its water distribution system to Phoenix’s water distribution system at the 
Point of Delivery located at: (1) 51st Avenue and Tonopah Road, as identified in the 
attached Exhibit A incorporated herein by reference, and (2) Pyramid Peak Parkway 
and Pinnacle Vista Road, as identified in the attached Exhibit B incorporated herein by 
reference. Glendale will install and operate metering and telemetry equipment—with 
flow meter output signals connected to Phoenix’s Supervisory Control and Data 
Acquisition (“SCADA”)—to measure the flow rate and volume of water delivered by 
Phoenix to Glendale at the Point of Delivery. As a condition of Phoenix providing water 
service to Glendale under this Agreement, Glendale agrees to operate and maintain its 
service connection facilities and equipment at all times in good working order and in 
accordance with applicable manufacturer and water engineering standards. 
 
4.2.1. 
Approval of Connection and SCADA Equipment. 
Before Glendale connects any of its water system infrastructure to Phoenix’s water 
system at the Point of Delivery, Glendale must submit for Phoenix’s review, inspection, 
and approval: (1) all plans and specifications for that connection to the Phoenix water 
system; and (2) all meters and SCADA equipment for use in conjunction with Phoenix’s 
delivery of water under this Agreement.  
 
4.2.2. 
Maximum Flow Rate. Glendale’s service connections 
must have all necessary valves and fittings to ensure that the maximum flow rate will 
not exceed 1,500 gallons per minute at the 51st Avenue and Tonopah Road Point 
of Delivery and 2,100 gallons per minute at the Pyramid Peak Parkway and 
Pinnacle Vista Road Point of Delivery. Glendale also must install and maintain 
backflow-prevention assemblies on all connections that Phoenix requires for its water 
system. Glendale must place such assemblies on Glendale’s property or within public 
right-of-way.  
 
4.2.3. 
If Glendale’s meters, gates, or valves installed under this 
Agreement later become undersized, inoperative, or inaccurate based on applicable 
water engineering standards, Glendale must replace them as Phoenix requires—at 
Glendale’s own cost and expense. 
 
4.3. 
Water Quality/Testing. Glendale must follow all state and federal 
laws and regulations applicable to water quality and testing with respect to its 
distribution of all water it receives from Phoenix under this Agreement. To comply with 
the Safe Drinking Water Act’s requirements, Glendale is responsible for providing any 
additional treatment (including water disinfection) after the Point of Delivery at 
Glendale’s own cost and expense. These requirements do not limit Phoenix’s 
obligations to meet all applicable state and federal drinking water standards at the Point 
of Delivery and to deliver water of the same general quality as water served to 
Phoenix’s own retail customers. No later than April 1 each year, Phoenix will provide 
Glendale with the information needed to prepare an annual consumer confidence report

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under the requirements of 40 CFR § 141.152, as incorporated by reference in ARIZ. 
ADMIN. CODE R18-4-117, for that water delivered in the prior calendar year at the Point 
of Delivery. 
 
4.4. 
Additional Delivery Points. The Parties may establish additional 
service connections between the respective water distribution systems to carry out the 
purposes of this Agreement if mutually agreed in writing. In that event, the term “Point of 
Delivery” will refer to all of the points of delivery collectively and utilized to carry out the 
purposes of this Agreement. 
 
4.5. 
Delivery Infrastructure. Glendale is responsible for its own 
delivery infrastructure, including storage and pumping capacity for peaking and fire 
flows, after connecting its water system to Phoenix’s water system at the Point of 
Delivery. Phoenix will not supply Emergency Backup Water to Glendale under this 
Agreement unless and until Glendale provides Phoenix with written notice that Glendale 
has completed construction of any infrastructure required to accept Emergency Backup 
Water from Phoenix at the Point of Delivery. 
 
4.6. 
Adequate Alternative Water Source. Glendale acknowledges that 
this Agreement is subject to termination prior to expiration of the term.  
 
5. 
EMERGENCY BACKUP WATER SERVICE PAYMENT. In consideration of 
Phoenix providing Glendale Emergency Backup Water under this Agreement, Glendale 
agrees to pay Phoenix for the volume of water provided to Glendale at the Point of 
Delivery based on whether the source of that Emergency Backup Water is supplied by 
Phoenix or Glendale. 
 
5.1. 
Phoenix Water - Outside City Method. Glendale agrees to pay 
Phoenix for Phoenix-sourced water at the rate equivalent to the prevailing water rate 
charged customers outside the City of Phoenix as stated in Section 37-64 of the 
Phoenix City Code and water environmental rate for residential users as stated in 
Section 37-133(a) of the Phoenix City Code. 
 
5.2. 
Glendale Water - Treat and Wheel Method. In the alternative to 
receiving Phoenix Water, Glendale agrees to provide Phoenix physical water resources 
to be diverted to and treated at a designated Phoenix water treatment plant and 
delivered by Phoenix to Glendale at the Point of Delivery. Glendale agrees to pay 
Phoenix for Glendale Water supplied to it by Phoenix as Emergency Backup Water at 
Phoenix’ wholesale water rate. 
 
5.2.1. 
Phoenix will base its wholesale water rate on the actual 
capital, operating and maintenance costs of diverting, treating, and transporting 
Glendale Water as determined by a cost-of-service study—unless the Parties agree to 
another rate-determination method in writing. 
 
5.2.2. 
The initial rate of wholesale water cost is $____ per

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1,000 gallons and is effective through June 2022. 
 
5.2.3. 
In the first full week of April 2022, Phoenix will calculate 
the wholesale water cost (as determined by a cost-of-service study or another agreed 
rate-determination method) and notify Glendale of the rate change. The new wholesale 
water rate will become effective on the first read date in July 2022 and be valid for two 
years. Phoenix will repeat this method to calculate the wholesale water rate every two 
years through the term of this Agreement. 
 
5.2.4. 
Glendale is solely responsible for all conditions precedent 
to, costs for, and water credit accounting required in making Glendale Water available 
to Phoenix to provide to it under Section 5.2. In no event will any volume of Glendale 
Water made available for Phoenix to treat and transport to Glendale under this 
Agreement be debited against any Phoenix source water subcontract. 
 
5.3. 
Water Source Election. Glendale will notify Phoenix within five (5) 
business days of receiving the requested Emergency Backup Water whether the source 
of the water provided by Phoenix was Glendale Water. Failure by Glendale to timely 
notify Phoenix that the water source was Glendale Water will result in Phoenix invoicing 
Glendale for the supplied Emergency Backup Water as Phoenix Water. 
 
6. 
MONTHLY INVOICE. Using Glendale’s water-meter readings, Phoenix will 
invoice Glendale for water services each month in which Phoenix provided it 
Emergency Backup Water. Glendale must pay its monthly bill within 45 calendar days of 
the invoice’s date of print.  
 
6.1. 
Late Payment. If Glendale does not timely pay its monthly bill, 
Phoenix will charge Glendale interest—as calculated from the prime rate plus 2 percent 
per annum—prorated and compounded daily until Glendale makes payment to Phoenix 
of the owed principal (plus interest) in full. 
 
6.2. 
Bill Dispute. If Glendale disputes any portion of its bill, it must pay 
the disputed amount under protest when due—and include with its payment the 
protest’s basis in writing. Phoenix will review the protest within 30 days of receipt, and if 
Phoenix finds the protest valid, then Phoenix will refund to Glendale the overpayment, 
plus interest—as calculated from the prime rate plus 2 percent per annum—prorated 
and compounded daily until Phoenix makes payment to Glendale of the refunded 
overpayment (plus interest) in full. In the event Phoenix does not agree with Glendale's 
dispute, the Parties will resolve the matter through the Dispute Resolution provisions in 
Section 15. 
 
7. 
GLENDALE WATER DELIVERY. 
 
7.1. 
Delivery Point. If Phoenix meets all applicable state and federal 
drinking water standards at the Point of Delivery—delivering water of the same general

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quality as water served to Phoenix’s own retail customers—then Phoenix’s obligations 
to Glendale for water services will terminate at the Point of Delivery, and Glendale 
understands and acknowledges that it will have sole responsibility for the distribution of 
water it receives at the Point of Delivery. Glendale is fully responsible for all operation 
and maintenance costs for delivering the water it receives from Phoenix at the Point of 
Delivery to its customers within Glendale’s certificated service territory.  
 
7.2. 
Calibration/Maintenance. Glendale—at its own cost and 
expense—must perform calibration and maintenance of all instrumentation and 
telemetry equipment at the Point of Delivery.  
 
7.2.1. 
Every 12 months, Glendale must conduct all necessary 
calibration and maintenance using an independent third-party contractor. Glendale must 
provide Phoenix at least one week’s prior notice of any such calibration and 
maintenance. Phoenix is entitled to have a Phoenix representative present at the 
calibration and maintenance. Glendale may conduct the calibration and maintenance in 
accordance with the notice even if Phoenix elects not to attend.  
 
7.2.2. 
Any calibration discrepancies under-reporting the amount 
of water delivered to Glendale by more than 3 percent will be adjusted by Glendale 
restoring to Phoenix one-half of the discrepancy percentage for all water that Phoenix 
delivered from the date of the last calibration to the date of the discrepancy’s discovery.   
 
7.2.3. 
Any calibration discrepancies over-reporting the amount 
of water delivered to Glendale by more than 3 percent will be adjusted by Phoenix 
delivering to Glendale—at no additional cost—one-half of the discrepancy percentage 
for all water reported delivered to Glendale from the date of the last calibration to the 
date of the discrepancy’s discovery.   
 
7.3. 
Output Signals. Glendale is responsible for connecting delivery 
meter output signals to Phoenix’s Supervisory Control and Data Acquisition (“SCADA”) 
system at Glendale’s own cost and expense. This includes all equipment and labor 
necessary for connection. Glendale’s connections must comply with Phoenix’s 
standards to Phoenix’s satisfaction. Phoenix may use meter-output signals into its 
SCADA system to verify the volumes that Glendale reports monthly. Phoenix may also 
periodically read the meters to verify volumes that Glendale reports or to confirm 
SCADA system data. 
 
8. 
SUBMISSIONS. 
 
8.1. 
Calibration/Maintenance Documents. Glendale must provide 
Phoenix with a copy of all calibration and maintenance contracts and any calibration 
and maintenance reports within 30 days of any calibration or maintenance. Glendale 
must send these contracts and reports to Phoenix by certified, postage-prepaid United 
States Mail (return receipt requested)—addressed as follows:

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City of Phoenix 
Water Distribution Division 
24th Street Administration Building 
6202 North 24th Street 
Phoenix, Arizona 85016 
Attn: Superintendent 
Telephone: (602) 534-3911 
Fax: (602) 534-3985 
 
8.2. 
Emergency Backup Water Request. In the event of an 
emergency situation        where Glendale lacks sufficient Entitlement Water to meet the 
needs of its customers, Glendale may request in writing a temporary supply of 
Emergency Backup Water for a period up to 60 days. This request must include 
reasonable details regarding the emergency’s circumstances, duration, and water 
needs. Within 3 business days following Glendale’s initial notification to Phoenix of its 
immediate or imminent need for a temporary supply of water, Glendale must send the 
request for Emergency Backup Water to Phoenix by certified, postage-prepaid United 
States Mail (return receipt requested)—addressed as follows: 
 
City of Phoenix 
Water Production Division 
24th Street Administration Building 
6202 North 24th Street 
Phoenix, Arizona 85016 
Attn: Superintendent 
Telephone: (602) 534-3911 
Fax: (602) 534-3985 
 
8.3. 
Daily Consumption. Glendale must record water-meter readings 
each day to track consumption of Emergency Backup Water for billing purposes. 
Glendale must summarize these daily readings every month in a report, and send each 
report to Phoenix at the beginning of following month by certified, postage-prepaid 
United States Mail (return receipt requested)—addressed as follows: 
 
City of Phoenix 
Financial Accounting and Reporting Division 
251 W. Washington Street, 9th Floor 
Phoenix, Arizona 85003 
Attn: Accountant III 
Telephone: (602) 495-5396 
Fax: (602) 495-5605 
 
9. 
SERVICE SUSPENSION.  
 
9.1. 
Delinquent Bill. Phoenix may suspend all services under this 
Agreement if Glendale fails to pay any delinquent bill within 60 days of receiving written

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notice of the delinquency. Phoenix will suspend such services to Glendale so long as 
the delinquent bill (plus interest) remains unpaid. Phoenix reserves the right to pursue 
all legal and equitable remedies available by law to collect on delinquent amounts. 
 
9.2. 
Bad Meter. If Glendale’s meter fails or stops recording, it must 
prepare—for billing purposes—an estimate of its unmetered water use, and Glendale 
must repair or replace the meter within 90 days. Any failure by Glendale to repair or 
replace the meter within such 90-day period will be grounds for Phoenix to suspend all 
services under this Agreement until Glendale completes that repair or replacement 
work.  
 
9.3. 
Other Causes. Phoenix may also suspend all services under this 
Agreement: (1) immediately in the event of any emergency applicable to Phoenix; (2) 
with 90 days’ notice in the event of drought or water shortage; (3) with 90 days’ notice 
for purposes of routine maintenance and repair; or (4) with 90 days’ notice for any other 
non-emergency purposes if Phoenix—in its sole discretion—determines that the water 
demands of Phoenix’s customers require suspension of those services to Glendale. 
Phoenix will restore performance of its services under this Agreement as soon as 
practicable. 
 
10. 
PHOENIX PRIORITIES. 
 
10.1. No Responsibility. Phoenix’s obligations to Glendale under this 
Agreement for Emergency Backup Water is subordinate to Phoenix’s paramount duty to 
serve the water-service needs of its own customers. Glendale understands and 
acknowledges that it will have sole responsibility for providing water utility service to its 
customers within Glendale’s certificated service territory, even if Phoenix suspends or 
otherwise discontinues its services. Phoenix will not provide any water directly to 
Glendale’s customers.  
 
10.2. No Liability. Phoenix will timely notify Glendale of any inability to 
fulfill Glendale’s water requirements due to suspension of services under this 
Agreement. Phoenix is not liable to Glendale (or its customers) for any claim, demand, 
loss, or damage of any nature or character whatsoever due to—or arising out of—any 
failure, diminution, or interruption of services under this Agreement. 
 
10.3. Force Majeure. Phoenix will not be responsible or liable (or 
otherwise deemed in breach) because of any delay in the performance of this 
Agreement’s obligations to the extent caused by circumstances beyond Phoenix’s 
control (i.e., without its fault or negligence) and those circumstances could not have 
been prevented by the exercise of due diligence, including but not limited to: fires; 
natural disasters; riots; wars; unavoidable/unexpected site conditions; Glendale’s failure 
to provide necessary information or take necessary actions as required by this 
Agreement; or the unforeseeable inability to obtain necessary site access, authorization, 
permits, licenses, certifications, or approvals.

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11. 
WATER QUANTITY AND QUALITY DISCLAIMER. In connection with any water 
provided by it to Glendale under this Agreement, Phoenix makes no representations, 
warranties, or guarantees to Glendale regarding: (1) the flow rates of the water; (2) the 
pressure of the delivered water; or (3) the quality of water transported to Glendale—
except that the water will meet all applicable state and federal drinking water standards 
at the Point of Delivery (including without limitation any standards set under the 1974 
Safe Drinking Water Act as amended) and it has the same general quality of water that 
Phoenix delivers to its own retail customers. 
 
12. 
AGREEMENT TERMINATION. If Phoenix has suspended services under this 
Agreement for at least 60 consecutive days for Glendale’s nonpayment of a delinquent 
bill—or if Glendale has not cured its breach of any other provision of this Agreement 
(i.e., any breach except Glendale’s nonpayment of an amount due) for at least 60 
consecutive days after receiving notice of that breach from Phoenix—then Phoenix may 
(in addition to its other remedies under this Agreement, by law, or in equity) terminate 
this Agreement upon 60 days’ written notice to Glendale.  
 
13. 
VALVE-OFF OR SEVER. Upon expiration or termination of this Agreement, 
Glendale—at its own cost and expense—will valve-off or sever all delivery connections 
to Phoenix’s water system immediately, unless the Parties agree otherwise in writing. 
 
13.1. Approved Plans. Glendale—at its sole cost and expense—must 
design and construct all required facilities needed to sever and disconnect Phoenix’s 
water system from Glendale’s water system. Glendale may not perform any work on 
Phoenix’s water system—including severance and disconnection—until Phoenix 
approves Glendale’s work plans and specifications, which must include a right for 
Phoenix to inspect and approve the work.  
 
13.2. Workmanlike Manner. In addition to following approved plans and 
specifications, Glendale must perform all work on Phoenix’s water system in a 
satisfactory and workmanlike manner.    
 
14. 
INDEMNITY. Each Party (as “indemnitor”) agrees to indemnify, defend, and 
hold harmless the other Party (as “indemnitee”) from and against any and all claims, 
losses, liability, costs, or expenses (including reasonable attorney fees) (hereinafter 
collectively referred to as “claims”) arising out of bodily injury of any person (including 
death) or property damage, but only to the extent that such claims which result in 
vicarious/derivative liability to the indemnitee, are directly caused by the act, omission, 
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, 
employees, or volunteers in the performance of its obligations set forth in this 
Agreement. 
 
15. 
DISPUTE RESOLUTION. Any dispute, controversy or claim (in each case 
"dispute") arising out of or relating to this Agreement or the subject matter of this 
Agreement, or the execution, validity, interpretation, implementation, breach or 
termination of this Agreement, that cannot be resolved by the Parties, shall be referred

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to binding arbitration within 15 days after written notice by one party to the other party 
with whom the first party has a dispute that the first party desires to arbitrate the 
dispute.  Arbitration shall be subject to the following provisions: 
 
15.1. All notices in connection with the arbitration, including the notice of 
arbitration and the response thereto, shall be served in the same manner as provided 
for notices generally under this Agreement. 
 
15.2. The Parties shall agree upon and appoint a single arbitrator. The 
arbitrator shall decide the issues in dispute and the arbitrator's decision shall be final 
and binding on the Parties. If the Parties fail to agree on a single arbitrator within 30 
days after notice of arbitration is given, either Party may petition either the American 
Arbitration Association ("AAA") or a court having jurisdiction to appoint the arbitrator. 
The AAA or court selection of an arbitrator shall be final and binding upon the Parties. 
 
15.3. The individual appointed as arbitrator, before accepting the position 
of arbitrator, shall set forth the basis for establishing his or her fees for the arbitration. 
Such basis shall be according to the reasonable rates for hourly fees charged by such 
individuals in the normal exercise of his or her profession, but may not exceed a 
reasonable hourly rate charged by attorneys of substantial experience in dispute 
resolution in metropolitan Phoenix, Arizona. The costs and fees of the arbitration 
proceeding shall be paid in equal shares by the Parties. 
 
15.4. No later than 20 days after the appointment of the arbitrator, each 
Party shall present in writing to the arbitrator, with a copy to the other Party, such 
Party's statement of the facts and issues in dispute. The arbitration shall take place in 
metropolitan Phoenix, Arizona (unless otherwise agreed by the arbitrating parties and 
the arbitrator) at a time and place reasonably convenient for the Parties and the 
arbitrator. The arbitrator shall hold a hearing after such appointment, which hearing 
shall not be more than 60 days after the arbitrator's appointment, and notice of the 
hearing shall be given by the arbitrator to each Party at least 30 days prior to the 
hearing. The arbitrator may allow limited discovery. The arbitrator may extend the 
various deadlines herein by written notice to the Parties. Each Party shall present its 
evidence regarding the matters in dispute. The arbitrator shall accept such evidence, 
and make such other investigations, as justice requires, all as the arbitrator deems 
necessary or appropriate. 
 
15.5. The arbitrator shall decide the issues submitted within 30 days after 
adjournment of the hearing. The arbitrator’s decision in the arbitration shall be in writing 
and shall be signed by the arbitrator. If the Parties settle the dispute during the course 
of arbitration, the settlement shall be approved by the arbitrator on the request of either 
Party and shall become the award. The Parties consent to the concurrent jurisdiction of 
the United States District Court for the District of Arizona and the Superior Courts for the 
State of Arizona for the County of Maricopa for the confirmation or entry of judgment 
upon any award in arbitration.  An award in arbitration or a judgment entered upon an 
award in arbitration may be enforced in any court of competent jurisdiction.

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16. 
PENDING RESOLUTION. Pending the resolution of any dispute, the Parties 
will make payments and otherwise perform (to the extent legally permissible) in a 
manner consistent with this Agreement. Amounts paid—or water delivered—during the 
pendency of a dispute are subject to refund and adjustment upon final resolution of that 
dispute.  
 
17. 
NOTICES. The Parties must prepare all notices, claims, requests, and 
demands in writing and serve them on the other party in person or by certified, postage-
prepaid United States Mail (return receipt requested)—addressed as follows:  
 
If to Phoenix:  
If to Glendale: 
 
City of Phoenix 
City of Glendale 
Water Services Department 
Water Services Department  
200 West Washington Street, 9th Floor 7070 West Northern Avenue 
Phoenix, Arizona 85003 
Glendale, Arizona 85303 
Attn: Water Services Director  
Attn: Water Services Director 
 
 
18. 
SUCCESSORS/ASSIGNS. For this Agreement’s covenants, Phoenix and 
Glendale bind themselves and their partners, successors, assigns, and legal 
representatives to the other. Phoenix and Glendale may not assign, sublet, or transfer 
their interest in this Agreement without the other’s written consent.  
 
19. 
MODIFICATION. No supplement, modification, or amendment of this 
Agreement’s terms are effective unless in writing and signed by Phoenix and Glendale. 
 
20. 
CONFLICT OF INTEREST. The Parties may cancel this Agreement within 
three years under ARIZ. REV. STAT. § 38-511 (concerning officer/employee conflict-of-
interest). 
 
21. 
NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement gives any 
rights or benefits to anyone but Phoenix and Glendale. All duties and responsibilities 
undertaken under this Agreement are for the exclusive benefit of Phoenix and 
Glendale—and no other party. This Agreement does not create a contractual 
relationship with any third party or otherwise establish any third-party beneficiaries. No 
third party may enforce the terms and conditions of this Agreement. 
 
22. 
NON-SEVERABILITY. If any provision or application of this Agreement is 
invalid, illegal, or unenforceable, then the Agreement’s remainder remains unaffected 
and enforceable to the fullest extent permitted by law.

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed 
by their duly authorized officers and agents on the day and year last written below. 
 
 
City of Phoenix, 
City of Glendale, 
an Arizona municipal corporation 
an Arizona municipal corporation 
 
 
By:  
 
  
By:  
 
  
 
 
 
 
 
 
Name:  
 
Name:  
 
 
 
Title:  
 
Title:  
 
 
ATTEST: 
ATTEST: 
 
 
 
 
 
 
 
City Clerk 
City Clerk 
 
 
APPROVED AS TO FORM AND WITHIN THE POWER AND AUTHORITY GRANTED 
UNDER THE LAWS OF THE STATE OF ARIZONA TO THE RESPECTIVE CITIES. 
 
CRIS MEYER, CITY ATTORNEY 
 
 
 
 
 
 
 
 
 
 
 
Assistant Chief Counsel 
 
City Attorney 
 
 
Date:  
 
Date:  ___________________________ 
 
 
 
SLW:2201981

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EXHIBIT A 
 
 
51ST AVENUE AND TONOPAH ROAD - POINT OF DELIVERY

Map #1
Proposed 12-inch 
Main
Proposed 12-inch 
Main
Proposed 
Connection to 
Glendale to 
Provide 1500 GPM

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EXHIBIT B 
 
 
PYRAMID PEAK PARKWAY AND PINNACLE VISTA ROAD - POINT OF DELIVERY

Map #2
Flow Hydrant
Pressure Zone 
5EA Hydrant
Pressure Zone 4A 
Hydrant
Connection from 16" 
5EA Main to 
Glendale