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Home My WebLink AboutPW Gravity Sewer Collection System; Sanitation Dist. 2ndCITY Y, OF AGENDA ITEM NO.: 4 . . . . — — SAN RAFAEL MEETING DATE: Aug.0-St -- 17., 1987-- P 0 BOX 60, SAN RAFAEL, CALIF 94915/PHONE 14151456.1 1 12 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: AMENDED AGREEMENT BETWEEN CITY AND SAN RAFAEL nSANION DISTRICT FOR TRANSFER OF CITY'S GRAVITY ECTION SYSTEM TO DISTRICT SUBMITTED BY:... APPROVED BY. Director of Public Works (TJO) Acting city Manager FILE REF: 05.01.35 DATE: August 17, 1987 01.11.84.05 RECOMMENDATION: I RECOMMEND THE COUNCIL ADOPT THE RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDED AGREEMENT BETWEEN THE CITY AND THE SAN RAFAEL SANITATION DISTRICT FOR TRANSFER OF THE CITY'S GRAVITY SEWER COLLECTION SYSTEM TO THE DISTRICT. SUMMARY/BACKGROUND: As the Council recalls, the City and the San Rafael Sanitation District entered into an agreement on July 1, 1987, for transfer of the City's gravity sewer collection system to the District. The Sanitation District, in an effort to cut. its liability insurance premium costs, has been actively seeking membership in the California Sanitation Risk Management Authority. The District has been advised that membership would be subject to a modification of its agreement with the City. The requested modification would require the City to indemnify and hold the District harmless for any negligent acts committed by City employees while maintaining District facilities. The enclosed amended agreement reflects the requested modification. Enclosures (2) 1. Amended Agreement. 2. 'Resolution. D{5GU5dfi."B7 _ 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 S:I�TITATION 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 JEON". LEONCINI, City Clerk -�9 3 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 Auaust , 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 "A"; 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 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 or in a superior condition. 8. 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 or 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 B Cha�. irman ATTEST Q•GG Secretary APPROVED AS TO FORM: —fl- Wi County Counse -5- CITY OF SAN RAFAEL ATTEST Mayor ' � City d'�erk APPROVED AS TO FORM: ;7::o ity Attory/