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HomeMy WebLinkAboutCC RESO 15,337RESOLUTION NO. 15,337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVINGSTALLATION AND EEMENT FOR THE OF METERING DEVICES ACQUISITION, MEASURE SEWAGE FLOW WHEREAS, the City of National City is a participating member in the Metropolitan Sewerage System, also known as METRO, which provides transmission, treatment and disposal of sewage to several cities and sanitation districts located within San Diego County under provisions of a Sewage Disposal Agreement of 1960; WHEREAS, the City of San Diego owns, maintains and operates the Metropolitan Sewerage System, and participating agencies pay to the City of San Diego a portion of the total M&0 expenses in proportion to the actual amount of sewage delivered by each agency; WHEREAS, according to the Sewage Disposal Agreement of 1960, measuring devices shall be installed at a point or points designated by San Diego in order to determine the amount of participating agencies' use of the Metro System, and installation of said metering devices shall be made at the sole cost and expense of participating agencies; and WHEREAS, participating agencies and San Diego desire to provide a uniform type of metering installations and San Diego is willing to have such meters procured, installed, operated and maintained. NOW, THEREFORE, BE IT RESOLVED that the City Council approves an agreement with City of San Diego, attached hereto as Exhibit "A", for the acquisition, installation and maintenance of metering devices to measure sewage flow in National City and authorizes the City Manager to sign the agreement. PASSED and ADOPTED this 23rd day of June, 1987. ATTEST: IONE 1'BELL Ione - =11, City Cl rkA AP BY: 'Yl t9 n �. • .. r, AS TO E'D12N : George H. Eiser, III -City Attorney George . Waters, Mayor AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND FOR THE ACQUISITION, INSTALLATION AND MAINTENANCE OF METERING DEVICES TO MEASURE SEWAGE FLOW THIS AGREEMENT is made and entered into this day of , 1987, by and between CITY OF NATIONAL CITY herein referred to as "AGENCY" and the CITY OF SAN DIEGO, herein referred to as "SAN DIEGO." WITNESSETH WHEREAS, SAN DIEGO owns, maintains, repairs, manages, operates and controls facilities sometimes referred to herein as "The Metropolitan Sewerage System" or "The Metro System"; and WHEREAS, the Metro System which commenced operation in 1963, provides transmission, treatment and disposal of sewage to several cities and sanitation districts (sometimes referred to herein as "Participating Agencies") located within the County of San Diego, specifically including AGENCY under provisions of a Sewage Disposal Agreement of 1960 with Supplement thereto and as amended (sometimes referred to herein as "Sewage Disposal Agreement of 1960") between SAN DIEGO and AGENCY: and WHEREAS, to compensate SAN DIEGO for administration, maintenance and operation expenses (sometimes referred to herein 2 as "M & 0 expenses"), of the Metro System so far as sewage treated and disposed of comes from AGENCY, in the Sewage Disposal Agreement of 1960, AGENCY has agreed to pay SAN DIEGO an amount equal to that proportion of the total M & 0 expenses which the actual amount of sewage received from AGENCY bears to the total actual quantity of sewage handled in The Metro System; and WHEREAS, according to the Sewage Disposal Agreement of 1960, measuring devices shall be installed at a point or points designated by SAN DIEGO in order to determine the amount of AGENCY'S use of The Metro System and installation of said metering devices shall be made at the sole cost and expense of AGENCY: and WHEREAS, AGENCY, select other Participating Agencies, and SAN DIEGO desire to provide a uniform type of metering installations to determine the volume of sewage discharged into the Metro System; and WHEREAS, AGENCY is willing to bear all initial and ongoing costs of such meter(s) installed to measure AGENCY'S use of The Metro System; and WHEREAS, SAN DIEGO is willing to have such meters procured, installed, operated and maintained; NOW THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained, it is agreed as follows: 3 I. Measuring devices shall be installed at a point or points mutually agreeable to SAN DIEGO and AGENCY in order to determine the amount of AGENCY'S use of The Metro System. 2. AGENCY shall provide, at a point or points mutually agreeable to SAN DIEGO and AGENCY, appropriate facilities to house such metering devices. 3. SAN DIEGO shall cause to be procured and installed, and operated and maintained in good working order six (6) meters satisfactory as to type and price to both parties to this agreement. For purposes of this agreement, metering equipment shall include meters and associated telemetry, communication and central monitoring equipment as well easements for same. 4. The total cost to procure, install, operate, maintain, improve, and replace such meter(s) shall be at the sole expense of AGENCY as more fully set forth in Sections 5 and 6 of this agreement. 5. Within a reasonable time after incurring costs for the initial acquisition and installation of said metering stations, SAN DIEGO shall submit invoices to AGENCY which shall tender payment thereof to SAN DIEGO withinthirty (30) days. 4 6. SAN DIEGO shall keep proper records and accounts of all costs pertaining to the operation, maintenance, replacement and betterment of such metering devices. AGENCY shall periodically, but not more often than quarterly, reimburse SAN DIEGO for a proportionate amount of said costs within thirty (30) days of receipt of a written invoice from SAN DIEGO. AGENCY's proportionate share of costs shall be determined on the basis of the ratio that the number of AGENCY's metering devices bears to the total of such metering devices. 7. The number and location of such metering devices may be revised under terms of this agreement from time to time as system conditions dictate at the mutual agreement of SAN DIEGO and AGENCY. 8. SAN DIEGO shall read the meters and maintain records of such readings. Reports of meter readings shall be provided AGENCY on a regular basis but not less frequently than monthly. AGENCY shall have the right to access the meter(s) or the central monitoring equipment for the purpose of obtaining sewage flow data. AGENCY may request SAN DIEGO to confirm the accuracy of the meter(s). The accuracy of the meter shall be confirmed at least once each year. 5 9. AGENCY agrees to defend, indemnify, protect and hold SAN DIEGO and its agents, officers and employees harmless from and against any and all claims asserted to liability established for damages or injuries to any person or property, including injury to AGENCY's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of AGENCY, and its agents, officers or employees, in defending against same; provide, however; that AGENCY's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SAN DIEGO, its agents, officers or employees. 10. SAN DIEGO agrees to defend, indemnify, protect and hold AGENCY and its agents, officers and employees harmless from and against any and all claims asserted to liability established for damages or injuries to any person or property, including injury to SAN DIEGO's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of SAN DIEGO, and its agents, officers or employees, in defending against same; provided, however,- that SAN DIEGO's duty to indemnify and -hold harmless 6 shall not include any claims or liability arising from the established sole negligence or willful misconduct of AGENCY, its agents, officers or employees. 11. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other party, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phase or word, or the application thereof to either party or any other person or circumstance be held invalid. 12. IN WITNESS WHEREOF, this agreement is executed by SAN DIEGO, acting by and through its City Manager, pursuant to Resolution No. , authorizing such execution, and by , acting by and through as authorized by. to be in full force and effect as of the date first 7 hereinafter written, and to remain in full force and effect so long as the aforementioned Sewage Disposal Agreement of 1960 remains in effect between SAN DIEGO and AGENCY for transmission, treatment and disposal of AGENCY`s sewage by SAN DIEGO through The Metro System, or until such time as this agreement is cancelled by mutual written consent. Dated this day of , 1987. THE CITY OF SAN DIEGO By: Assistant to the City Manager CITY OF TIONA CITY (AGENCY) i y (Title) na•e 8 I HEREBY APPROVE the form and legality of the foregoing agreement this day of , 1986. JOHN W. WITT, City Attorney By: Ted Bromfield Chief Deputy City Attorney