HomeMy WebLinkAboutCC Resolution 7593 (Transfer Sewer Gravity Collection)RESOLUTION NO. 7593
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF AMENDED
AGREEMENT BETWEEN CITY AND THE SAN RAFAEL
SANITATION DISTRICT FOR TRANSFER OF CITY'S
SANITARY SEWER GRAVITY COLLECTION SYSTEM
TO THE DISTRICT
WHEREAS, on July 1, 1987, the City of San Rafael
and the San Rafael Sanitation District had entered into an agree-
ment for transfer of the City's sanitary sewer gravity collection
system to the District; and
WHEREAS, for liability insurance purposes, District
has been seeking membership in the California Sanitation Risk
Management Authority; and
WHEREAS, the California Sanitation Risk Management
Authority has advised the District that its membership is subject
to a modification of the aforementioned agreement with the City;
and
WHEREAS, said modification speaks to the City indemni-
fying and holding the District harmless for any negligent acts
committed by City employees while maintaining District facilities.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City
Council of the City of San Rafael that the Mayor and City Clerk
are authorized to execute the attached amended Agreement between
the City of San Rafael and the San Rafael Sanitation District
for transfer of City's sanitary sewer gravity collection system
to the District.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting
of the Council of said City held on the 17th day of August,
1987, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE1QN ETM. LEODT�Chtz
, City Clerk
lv�du�IlI�T�1L > 9,
AMENDED 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 26th day of
August , 1987 by and between the City of San Rafael (City)
and the San Rafael Sanitation District (District) for the purpose of
transferring ownership, maintenance, liability and responsibility of
the City's sanitary sewer gravity collection system as set forth
below:
WHEREAS, the City currently owns, maintains and is other-
wise responsible for the sanitary sewer gravity collection system
within the jurisdictional limits of the City and the District; and
WHEREAS, the City desires to transfer ownership and
maintenance of and liability and responsibility for said system to
the District; and
WHEREAS, the District agrees to accept ownership, main-
tenance, liability and full responsibility of/for the sanitary sewer
gravity collection system with knowledge of the recommendations made
in a report prepared by Bartle -Wells Associates dated May, 1987,
entitled "Wastewater Service Charges," attached hereto as Exhibit
"All; and
WHEREAS, it is in the best interest of the health and
safety of San Rafael citizens that such a transfer occur; and
WHEREAS, said transfer will correct a current inequity for
those San Rafael property owners north of Puerto Suello Hill; and
--1-
WHEREAS, said transfer will provide more effective en-
forcement power for the District, particularly in the areas of
source control and facility access; and
WHEREAS, this Agreement will amend all prior agreements
between the City and the District concerning the sanitary sewer
gravity collection system.
follows:
NOW, THEREFORE, the City and District hereby agree as
1. This Agreement amends all prior agreements between the
City and District concerning the sanitary sewer gravity collection
system.
2. The City hereby transfers to District, all City's
ownership interest, liability, maintenance and full responsibility
for the sanitary sewer gravity collection system to the District.
3. Within one year of the date of execution of this
Agreement, City will grant to District all of City's current ease-
ment rights for sanitary sewer purposes.
4. Until the easements described in paragraph number 3
above, have been transferred to District, City grants to District
access rights over said sanitary sewer easements.
5. City's transfer herein of the sanitary sewer gravity
collection system, and its future transfer of its easement rights
and all other appurtenances associated with said transfer, shall be
accomplished at no cost to City. District agrees to pay nominal
costs of closing this Agreement.
6. In conformity with Health and Safety Code section
4760, District agrees to accept ownership, liability, maintenance
-2-
and full responsibility of/for said sanitary sewer gravity collec-
tion system in its present condition.
7. District agrees to maintain the sanitary sewer gravity
collection system in its present of in a superior condition.
B. From and after the date of execution of this
Agreement, District agrees to hold harmless, indemnify, including
attorney's fees, and defend City from and against all suits, causes
of action, claims, damages, liability or other harm lodged, filed,
claimed or asserted by anyone, arising directly or indirectly as a
result of District's ownership responsibility for the sanitary sewer
gravity collection system and/or District's use of City's easements
for said system during period of City's ownership thereof.
9. District further agrees to provide City with proof of
insurance naming City as additional insured upon execution of this
Agreement. The provisions and limits of coverage shall be subject
to approval of the City Attorney and County Counsel.
10. City agrees to hold harmless, indemnify, including
attorneys' fees and defend District from and against all suits,
causes of action, claims, damages, liability or other harm lodged,
filed, claimed or asserted by anyone, arising directly or indirectly
as a result of City's, its agents', or employee's negligent of
intentional act or omission in performing City's maintenance respon-
sibilities as articulated herein.
11. City agrees to provide District with proof of in-
surance naming the District as an additional insured upon execution
of this Agreement. City agrees to maintain nine million in
liability insurance.
-3-
12. once ownership, maintenance, liability and full
responsibility for said system is transferred to District, City
agrees to continue to provide, on a contractual basis as articulated
herein, maintenance services to District for all of Sanitation
District's facilities, including pump stations, force mains and the
gravity collection system.
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.
14. City and District agree to submit any claims arising
under this Agreement to binding arbitration pursuant to the current
provisions of the California Code of Civil Procedure and any succes-
sion statutes.
-4-
This Agreement entered into as of the day and year first
written above.
SAN RAFAEL SANITATION DISTRICT
a�F
Chaizman
ATTEST
Secretary
APPROVED AS TO FORM:
County Counse
-5-
CITY OF SAN RAFAEL
c�
'J Mayor
ATTEST
h. I
U City C erk
APPROVED AS TO FORM:
. --- / -
City AttorV