HomeMy WebLinkAboutUkiah Valley Sanitation District 1995-07-19 Activei,L c7161"5- 7 I c T'.5
PARTICIPATION AGREEMENT BETWEEN
THE CITY OF UKIAH
AND
THE UKIAH VALLEY SANITATION AGREEMENT
THIS AGREEMENT is made this IcVW day of IAN , 1995,
between the CITY OF UKIAH, California, hereinafter'referred to as
"CITY," and the UKIAH VALLEY SANITATION DISTRICT, hereinafter
referred to as "DISTRICT."
PREMISES
The Ukiah Valley Sanitation District was duly created and
formed by the Board of Supervisors of Mendocino County on July 6,
1954, for the purpose of providing sewage facilities for the
unincorporated areas suburban to the City of Ukiah.
The City of Ukiah has need for continuing operation of the
sewage disposal facilities to satisfy the present and future
sewage disposal requirements of its inhabitants, and
Both CITY and DISTRICT have determined that present and
future needs will best be served through the operation of joint
facilities and that these facilities will best serve the
interests of the City of Ukiah and the Ukiah Valley Sanitation
District and the inhabitants thereof.
AGREEMENT
CITY and COUNTY agree as follows:
1. The annual costs for treatment, including maintenance,
operation, expansion, upgrading, administration, insurance and
financial services of the entire sewer system (treatment plant,
trunk sewer, and collection system) shall be apportioned between
the CITY and DISTRICT each year based upon the ratio of CITY to
DISTRICT sewer service units for each year of operation. For the
purpose of this Agreement, one sewer unit is defined as being a
single unit of sewer discharge having characteristics of flow,
B.O.D. and suspended solids equivalent to that generated and
discharged by a typical single family residential unit. CITY
shall be the paying and receiving agent for all DISTRICT
operation and maintenance funds. Cost apportionment between CITY
and DISTRICT as described above shall be adjusted annually at the
beginning of each fiscal year of operation based upon the ratio
of CITY to DISTRICT equivalent sewer service units on record as
of March 31 each year.
2. CITY shall obtain and maintain liability and property
loss insurance coverage in the sum of $5,000,000 to protect
DISTRICT and CITY against claims or losses, naming both DISTRICT
and CITY as insured parties. Nothing in this paragraph or this
Agreement is intended to have the effect of making either party,
or its officials, agents or employees liable for the torts,
contracts or other obligations or debts of the other; provided,
however, that DISTRICT's insurance shall cover CITY employees for
claims arising out of such CITY employees performance of services
under this Agreement.
3. The title, management and control of the sewer treatment
plant and any additions or changes to it shall remain in CITY.
CITY shall maintain said plant and furnish personnel for the
maintenance, operation and control of said plant. CITY shall
also service and maintain the trunk lines and collection lines.
4. CITY will not contract with any person, firm, or
corporation outside DISTRICT's boundaries for treatment of sewage
for said persons, firms, or corporations without the consent of
DISTRICT.
5. DISTRICT will not contract with any person, firm, or
corporation outside DISTRICT's boundaries for treatment of sewage
for said persons, firms, or corporations without the consent of
CITY.
6. To carry out the purpose of this Agreement, the Board of
Directors of DISTRICT and the City Council of CITY shall meet
together at such times and places as they shall agree, but in any
event at least once a year beginning with the effective date of
this Agreement.
7. The term of this Agreement shall be thirty (30) years.
CITY or DISTRICT may cancel this Agreement by giving the other
party five (5) years advance written notice.
8. CITY or DISTRICT may connect the sewage collector mains
and house laterals which have or may hereafter be constructed by
the other, at points mutually agreeable to the City Engineer or
other representative of CITY and to the District Engineer or
other representative of DISTRICT.
9. CITY shall operate, maintain and repair DISTRICT's
sewage collection system, including all sewer mains and laterals
constructed within the DISTRICT as part of its sewer collection
system. CITY shall maintain the system in good repair, and shall
make all required repairs within a reasonable period of time. As
part of its obligation under this Agreement, CITY shall construct
all required sewer laterals for new connections from the nearest
main to the property line. If a subdivider is required to
install sewer lines as a condition of the subdivision's approval,
CITY shall be required to inspect the construction of those lines
to insure compliance with DISTRICT standards, but CITY shall not
be required to construct the lines or contract for their
construction.
10. CITY shall provide such maintenance, operation and
repair in accordance with the rules, regulations and ordinances
of DISTRICT applicable thereto as DISTRICT may from time to time
adopt.
11. DISTRICT will establish by ordinance or resolution, as
appropriate, such rules and regulations as are necessary for the
orderly administration of DISTRICT's system. These rules and
regulations shall include the use of the public sewers and
drains, the installation of sewer lines and connections in
buildings, the installation of sewer laterals and public sewer
mains and the extension of these, the discharge of waters and
wastes into the public sewer system, and sewer fees and charges,
including connection fees, servica fees, and capacity charges.
12. DISTRICT will establish such fees and charges as will
be sufficient to reimburse CITY for its actual costs of issuance
of permits and cost of inspection. CITY shall maintain full and
complete accounting records on such services, which will allow
the review of such charges not less than once each year so they
may at all times reflect such actual costs.
13. CITY will maintain complete records and accounts
relating to costs and expenditures made pursuant to or in
connection with this Agreement, and of all sewer service revenues
which it may have collected.
The parties hereto have set their signatures below.
CITY OF UKIAH
By
UKIAH VALLEY SANITATION DISTRICT
By
AiehZ
Chairperson
Clerk of the and