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Home My WebLink AboutPW Gravity Sewer Collection System; Sanitation Dist.C iTY Y. - OF ' SAN ]RAFAEL PO BOX 60, SAN RAFAEL. CALIF 94915/ PHONE 14151456-1112 AGENDA ITEM NO.:. ........ ...1..4 ....................... ... MEETING DATE:.. ...... June ..15., 1987... REPORT TO MAYOR AND CITY COUNCIL SUBJECT: CONSIDERATION OF JOINT POWERS AGREEMENT FOR THE TRANSFER OF THE CITY'S GRAVITY SEWER COLLECTION S TO THE SAN RAFAEL SANITATION DISTRICT SUBMITTED BY: -- .............. APPROVED BY:..... ................. Director of Public Works City Managor FILE REF: 05.01.34 01.11.84.06 RECOMMENDATION: DATE June 17, 1987 I RECOMMEND THAT THE COUNCIL ADOPT THE RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT. SUMMARY/BACKGROUND: On May 4, 1987, City Council adopted Resolution No. 7534, announcing its intention to enter into an agreement with the San Rafael Sanitation District for the transfer of the Sanitary Sewer Gravity Collection System. By adopting this resolution, the Council authorized City staff to work out the particulars of the transfer with Sanitation District staff and bring the resulting agreement back to the Council for its consideration. The Resolution identified a number of reasons why the system should be transferred from the City to the District, namely, 1. The transfer will correct a current inequity for those San Rafael property owners north of Puerto Suello Hill.. 2. The transfer will provide more effective enforcement power for SRSD especially for source control and facilities access. 3. Wastewater operations will be consolidated in one organization. 4. Coordination will be simplified between the City and District. 5. The potential for jurisdictional disputes will be eliminated. 6. This transfer will more closely resemble those areas of respon- sibility that sanitation districts normally have. ile Mo. ------- REPORT TO MAYOR AND CITY COUNCIL / PAGE: 2 The attached agreement addresses these issues. The agreement also specifies that once ownership, maintenance, liability and full responsi- bility for the gravity system is transferred to the District, the City will continue to provide, on a contractual basis, maintenance services for all of the Sanitation District facilities, including pump stations, force mains and the transferred gravity collection system. The District agrees to pay the City all administrative and maintenance costs associ- ated with this contractual arrangement. This agreement supersedes all prior agreements between the City and the District concerning mainte- nance of District facilities. Upon execution of this agreement, the District assumes full liability and responsibility for the sanitary sewer gravity collection system and will hold the City harmless and indemnify the City for all claims subsequent to the execution of the agreement. The City Attorney has reviewed this agreement and recommends that the Council consider it in its present form. It is intended that this agreement be effective July lst, 1987. Enclosure (2) 1. Resolution. 2. Agreement. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE 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 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 transfer of City's Sanitary Sewer Gravity Collection System to the District, a copy of which is attached hereto and incorporated herein by this reference. 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 15th day of June, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEt E M. LEONCINI,\City Clerk 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 FIRST day of JULY , 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 -1- (gFkl�B[M&j 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- ORIGINAL 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. 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 and maintenance 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 owner- ship 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. 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 facilities, including pump stations, force mains and the gravity collection services. 11. District agrees to pay City all administrative, operational and maintenance costs associated with City's continued contractual maintenance of the facilities described in paragraph 10 herein. -3- ORIGINAL 12. 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. This Agreement entered into as of the day and year first written above. SAN RAFAEL SANITATION DISTRICT By C Chairman ATTEST Secretary APPROVED AS TO FORM: /W'7 County Counsel -4- CITY OF SAN RAFAEL ATTEST Mayor City Clerk APPROVED AS TO FORM: City Attorney ORIGINAL