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HomeMy WebLinkAboutResolution No. 5276RESOLUTION NO. 5276 A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE SAN RAFAEL SANITATION DISTRICT FOR THE USE OF TREATED WASTEWATER THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael an agreement with the San Rafael Sanitation District for the use of treated waste- water. A copy of said Agreement is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY, the 21ST day of MARCH, 1977, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini MARION A. GRADY, City C erk day of L . AGENDA ITEM N0. 15 (3-21-77) WASTEWATER USER AGREEMENT CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT This Agreement, made and entered into this , 1977, by and between the City of San Rafael, hereinafter referred to as "User", and the San Rafael Sanitation District, hereinafter referred to as "District". W I T N E S S E T H: WHEREAS, the Board of Directors of the Marin Municipal Water District has passed Ordinance No. 152 declaring a water shortage emergency condition prevails within the water district and prohibiting nonessential water uses; and, WHEREAS, the parties hereto recognize that it is for the benefit of the community and in the public interest to con- serve the domestic water supply and use treated wastewater for landscape irrigation and construction purposes where possible; and, WHEREAS, the Marin Municipal Water District and the San Rafael Sanitation District have cooperated and agree to make treated wastewater available at the San Rafael Sanitation Dis- trict's Main Treatment Plant for the City of San Rafael for pick- up by tank truck; and, WHEREAS, the Marin Municipal Water District, as the lead agency, has obtained a Waste Discharge Permit, Order No. 76-36, copy attached, from the Regional Water Quality Control Board on behalf of listed users to enable them to use treated wastewater for specific purposes. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The term of this Agreement will be one year from date of said Agreement, or as long as the Waste Discharge Permit, Order No. 76-36, is in effect; this Agreement will be reviewed for renewal annually. s �c 2. User, prior to obtaining reclaimed water, agrees to deposit with District the sum of $900 as payment to District for making this water available for the period of this Agreement. Reclaimed water may then be taken as per the terms of this agree- ment at no additional unit charge while this Agreement is in effect, or for any subsequent renewals to this Agreement. 3. Treated wastewater shall be used solely for land- scape irrigation or construction purposes on those areas specifi- cally covered under the terms of the Waste Discharge Permit. The Marin Municipal Water District will act as the lead agency in re- questing any addendums to the original Waste Discharge Permit. 4. The filling of tank trucks, transport, and appli- cation of treated wastewater shall be the sole responsibility of the User in compliance with the Waste Discharge Permit and other regulatory conditions, except that District shall bear the re- sponsibility that any treated wastewater it dispenses meets the requirements of the Waste Discharge.Permit. 5. Treated wastewater shall not be put'into any per- manent irrigation system. 6. All use of treated wastewater must comply with re- quirements of the Waste Discharge Permit. The District and the Marin Municipal Water District will monitor the wastewater to the point of delivery to the User's tank truck at no cost to the User. Any monitoring or visual observations required at the use area shall be the responsibility of the User. As failure to meet these requirements may lead to suspension of the Waste Discharge Permit, District reserves the right to terminate this Agreement should User violate provisions of said permit. 7. Pursuant to provisions of the Waste Discharge Permit and in regard to the monitoring of the use of reclaimed wastewater, the following procedure is required in order to obtain reclaimed wastewater: - 2 - a. The User's tank truck driver must contact the District Superintendent at District's Main Treatment Plant and advise him that the driver wishes to obtain a load of reclaimed water at a specified time or on a specified schedule. b. User's driver must show proof that he is licensed to transport and discharge wastewater. C. User's driver must submit a "User Daily Report Form", copy attached, for each load of wastewater dispensed. These forms should be re- turned to the District Superintendent daily when possible and not later than the 10th of the month. Failure to submit reports will be cause to curtail hauling. 8. Treated wastewater will be available at District's Main Treatment Plant, 3100 Kerner Boulevard, Monday through Friday, except holidays, 8:00 A.M. to 4:30 P.M. Drivers are required to utilize waterproof gloves when operating valves and couplings, and will conduct loading operations as specified by the District Superintendent. The User will be responsible to obtain equipment compatible with the District's piping and equipment as presently installed. 9. The District will endeavor to satisfy all demands for the treated reclaimed wastewater; however, the District is not responsible for its failure or inability to do so. 10. User shall indemnify, defend and hold harmless Dis- trict, its officers, agents and employees, from any and all claims, liabilities or causes of action for injuries or death to persons, or damage to persons or property, solely arising out of or solely in connection with the distribution or use of said wastewater. District shall bear total responsibility for the quality of said wastewater. User agrees, during the term of this Agreement, that 3 - it shall maintain in full force and effect a policy or policies of comprehensive liability insurance written by a responsible insurance company licensed to do business in California that will insure User and, as an additional insured, the District, its officers, agents and employees, for injury or death of any person or persons, or damage to property, arising out of User's activities under this Agreement, in an amount not less than $1,000,000 for any bodily injury for one person, or not less than $5,000,000 for any one accident or occurrence, and not less than $50,000 for property damage per occurrence. CITY OF SAN RAFAEL By Mayor ATTEST: :A City Cler APPROVED AS TO FORM: mo ity Attorney MW SAN RAFAEL SANITATION DISTRICT airman, Board of Directors ATTEST: By Secretary APPROVED AS TO FORM: 12 County Counsel �j