RES 85237 - Laserfiche WebLink

3. O__peratinq~ ,st: The fixed and variable op~,-ating costs shall be determined and paid in accordance with Exhibit B of the aforementioned February 1, 1978 Agreement or as may be amended. 4. Service: LAVWMA has acquired, for the term of this Agreement, the right to discharge an additional 1.28 mgd of effluent on an interruptible flow basis into the EBDA Interceptor-outfall line. "Inte-rruptable flow basis" means that LAVWMA must reduce its flow into the EBDA system to 19.72 MGD upon notice in writing, oral or telephonic or otherwise electronic when advised by EBDA that the flow in the EBDA system has reached 90% of capacity'. Flow shall be reduced within 15 minutes of such notice. The flow shall remain reduced to 19.72 MGD until the flow in the EBDA system is below 85% of capacity and EBDA will notify LAVWMA immediately when the flows drop below 85%. EBDA affirms that it will use best efforts to accommodate said additional capacity and that it will not do anything within its control to undermine LAVWMA's rights under this Agreement. This Agreement does not provide LAVWMA with any additional rights either to ownership of facility, ownership of capacity rights, or any other rights to discharge effluent beyond the 1998 calendar year. 5. 9peration: LAVWMA shall design, operate and maintain its facilities without cost to EBDA such that the maximum pressure on the present closed valve at the point of connection to EBDA's system will not exceed an equivalent water surface elevation of 65 feet about mean sea level. EBDA's valve at the point of connection shall continue to be 'operated only by-EBDA and only after providing notice to LAVWHA. Any additional improvements contemplated by LAVWMA shall be submitted to EBDA in the form of plans and specifications for review in order that it may insure itself of the integrity of the EBDA system. Such right of review shall not in any way relieve LAVWMA of the propeW design, operation or maintenance of,such facilities and LAVWMA agrees to hold EBDA free and harmless from any and all damages incurred by LAVWMA or by third parties as a result of its improper design, operation or · aintenance of such facilities.