HomeMy WebLinkAboutCC Resolution 14165 (SRSD Second Amendment)RESOLUTION NO. 14165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT FOR THE
TRANSFER OF CITY'S SANITARY SEWER GRAVITY COLLECTION SYSTEM TO
THE DISTRICT
WHEREAS, the City of San Rafael (City) and the San Rafael Sanitation District (District) entered
into an Agreement Between the City of San Rafael and the San Rafael Sanitation District for the Transfer of
City's Sanitary Sewer Gravity Collection System to the District dated July 1, 1987, and amended said
Agreement on August 26,1987 (hereinafter, the "Amended Agreement"); and
WHEREAS, the Amended Agreement governs the terms of ownership, maintenance and liability,
and responsibility for the sanitary sewer gravity collection system serving the City; and
WHEREAS, the Amended Agreement governs the terms by which the City provides services on a
contractual basis to the District; and
WHEREAS, the Amended Agreement provides for the District's compensation to the City for all
administrative, operational, and maintenance costs associated with the City's contractual maintenance of the
facilities; and
WHEREAS, new financial reporting requirements have prompted a need for additional specificity
regarding the definition of operating costs subject to measurement and reporting; and
WHEREAS, the City and District have prepared, for consideration by the City Council and the San
Rafael Sanitation District Board, a new amendment to the Amended Agreement that addresses the financial
reporting considerations, hereinafter referred to as the Second Amendment, which Second Amendment is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby
approves and authorizes the Mayor to execute the Second Amendment to the Amended Agreement in the
form attached hereto.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting on the City Council of said
City held on Monday, the 1 st day of August, 2016, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
THE SAN RAFAEL SANITATION DISTRICT FOR THE TRANSFER OF
CITY'S SANITARY SEWER GRAVITY COLLECTION SYSTEM TO THE DISTRICT
THIS AGREEMENT is entered into this day ofuyLr 2016, by and between
the City of San Rafael ("City") and the San Rafael Sanitation District ("District") with reference to
the following facts:
WHEREAS, the City and the District entered into an "Agreement Between the City of San
Rafael and the San Rafael Sanitation District for the Transfer of City's Sanitary Sewer Gravity
Collection System to the District" dated July 1, 1987, and amended said Agreement on August 26,
1987 (hereinafter, the "Amended Agreement"); and
WHEREAS, the Amended Agreement governs the terms of ownership, maintenance and
liability, and responsibility for the sanitary sewer gravity collection system serving the City; and
WHEREAS, the Amended Agreement governs the terms by which the City provides
services on a contractual basis to the District; and
WHEREAS, the Amended Agreement provides for the District's compensation to the City
for all administrative, operational, and maintenance costs associated with the City's contractual
maintenance of the facilities; and
WHEREAS, new financial reporting requirements have prompted a need for additional
specificity in the Amended Agreement regarding the definition of operating costs subject to
measurement and reporting;
NOW, THEREFORE, the parties agree as follows:
1. Section 13 of the Amended Agreement is hereby revised and restated to read in its entirety
as follows:
13. District agrees to pay City all administrative, operational, and maintenance costs
associated with City's continued contractual maintenance of the facilities described
in paragraph 12 herein. For the purpose of this agreement, operational costs shall
include all personnel and benefit costs, including unfunded pension and OPEB
(retiree medical) obligations. The mutual acceptance of an actuarial or accounting
methodology for the purpose of allocating such obligations for the purpose of
financial reporting shall not prejudice the selection of a methodology that governs
the payment of these obligations.
2. Except as otherwise provided herein, all other terms stated in the Amended Agreement
remain in effect and unchanged.
WHEREFORE, the parties have executed this agreement on the date first set forth above.
SAN RAFAEL SANI TION DISTRICT
BY,1%vV
GAR �O. PHIL IPS
District Chairm
ATTEST
C THIA HER NANDEZ
District Secretary
APPROVED AS TO FORM:
Uj -1--)�
,k
JAC . GOVI
is ct Counsel
CITY OF SAN RAFAEL
BY
(YA%W O.
Mayor
ATTEST
G . %� 7-,.
ESTHER C. BEIRNE
City Clerk
LL/
ROBERT F. EPSTE
City Attorney
San Rafael
Sanitation
District
111 Morphew Street
PO Box 151560
San Rafael, CA 94915-1560
Telephone 415 454-4001
Facsimile 415 454-2270
TO: City of San Rafael
Attn: Esther Beirne, City Clerk
1400 Fifth Avenue
San Rafael, CA 94901
Board of Directors
Gary O. Phillips, Chairman
Maribeth Bushey, Secretary/Director
Katie Rice, Director
District Manager/District Engineer
Doris Toy, P.E.
Date: July 19, 2016
SUBJECT: Second Amendment to the Agreement with the City of San Rafael for the Transfer of the
City's Sanitary Sewer Gravity Collection System to the District
WE ARE SENDING:
THE
FOLLOWING:
FOR:
Attached Under Separate Cover
Hand Delivered Other:
Four (4) Copies of the Subject Agreement
Action
Review
Revision
Approval
V Signature
File
COMMENTS: Attached please find four (4) copies of the subject Agreement. Please be
advised that this item is proposed to be on the August 1, 2016, City Council
Agenda. This Agreement has been signed by the District and is now being
submitted to the City for the remaining signatures. Please obtain these
signatures and then keep two (2) fully -executed copies of the Agreement for
the City and return two (2) fully -executed copies to the District. Thank you
for your help with this matter. Please contact me at Ext. 3484 if you have
any questions.
Doris Toy, P.E.
District Manager/District Engineer
Attachments