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HomeMy WebLinkAboutReso 62-1981RESOLUTION NO. 62-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1-80 TO AGREEMENT RELATING TO JOINT CONSTRUCTION, OWNERSHIP AND USE OF WASTEWATER TREATMENT PLANT AND APPURTENANT FACILITIES (CITIES OF SOUTH SAN FRANCISCO AND SAN BRUNO) that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution. Execution of ~Amendment No. 1-80 to Agreement Relating to Joint Construction, ownership and use of Wastewater Treatment Plant and Appurtenant Facilities (Cities of South San Francisco and San Bruno), a copy of which is attached hereto as Exhibit "A".is hereby authorized. 2. Signatures. The Mayor is authorized to execute Amendment No. 1-80 on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 3rd day of June , 1981, by the following vote: AYES: Councilmen Mark N. Addiego, Emanuele N. Damonte and Gus Nicolopulos NOES: ABSENT: None Councilman Ronald G. Acosta and Councilwoman Roberta Cerri Te.qlia City Clerk ~y~ EXHIBIT "A" TO RESOLUTION NO. 62-81 ADOPTED 6/3/81 AMENDMENT NO. 1-80 "TO "AGREEMENT RELATING TO JOINT CONSTRUCTION, OWNERSHIP AND USE OF WASTEI~ATER TREATMENT PLANT.AND APPURTENANT FACILITIES" (CITIES OF SOUTH SAN FRANCISCO AND SAN BRUNO) THIS 'AGREEMENT AMENDMENT.NO~' 1-80 is made and entered into as. of the day of , 19_ by and between the CITY-OF SOUTH __ SAN FRANCISCO (South San Francisco) and the CITY OFSAN BRUNO (San Bruno). -' W I TN E S SETH : - . . · WHEREAS, the parties, in Paragraph 10.2 of ,A Joint Powers Agreement -- for Construction, .Ownership, Operation and Use of Facilities (Projects __ C-06-1235 and C-06-1267)," dated September 12, 1977, provided for the shaming of cost of maintenance and operations 'of the South San Francisco-San Bruno -Joint Sewer Plant,-reciting in said Paragraph that 'said sharing would be :'in accordance'with related Joint Powers Agreements bet~een said agencies' an~l .revenue _ guidelines"; and .. . ~- - _ WHEREAS, the parties then had in effect "An Agreement Relating to Joint COnstruction, Ownership and Use of the Wastewater Treatment Plant and Appurtenant ° . - Facilities," dated April 3, 1972, which set forth- in Paragraph 4 of.said Agree- ment such a formula. Said formula superseded the formula set forth in Paragraph · VI of an Agreement between the parties dated September 17, 1962; and' WHEREAS, the Plarties now desire to amend Paragraph ,4 of the "Agreement' ,. Relating to Joint Construction, Ownership and Use of Wastewater Plant and' Appurtenant Facilities," dated April 3, 1972, to provide a revised formula'for operation and maintenance, to amend Paragraph 12 thereof, and to add Paragraph 15 to the said April 3, 1972 Agreement; . NOW, THEREFORE, IT IS AGREED, by and between the parties hereto, as follows: SECTION 1. Amendment pf Parag_r_aph 4 of the Agreement dated April 3,_ 1972. Paragraph 4 of the "Agreement Relating to Joint Construction, Owner- . ship and Us~.of Wastewater Plant and Appurtenant Facilities," dated. April 3, 1972, .is hereby amended to read as follows: 4, Payment of Costs of Operations and Maintenance. - The operating cost of the Joint Sewage Treatment Plant and its · . · · . Appurtenant'Facilities shall be shared in accordance with a formula 'and -division of operations and maintenance costs as follows- = A. In Plant..(Supervision, primary treatment, secondary treatment, sludge handling-digestiOn, chlorination, process control-monitoring, recei¥ing · wai~ers-monitoring, connecting pipeline-moni~oring,'roads and grounds, sludge composting, sludge drying beds, interim sludge disposal, dechl~rina- tion, San Bruno monitoring and other similar activities,) (1)- .Wa.s. tewa_t, er_. Para.meters .f_or. _Cost A119catio_n . Each party's share shall be based upon the average values for- Chemical Oxygen Demand (COD),' Suspended Solids (SS)., and volume Of wastewater (FLOW) :obtained from a representative set of samples and measurements taken during d.ry weather periods .of the previous year. As'used herein, a representa- · o rive set consists of five samples per'week taken by plant stiff,' and dry weather periods consist of the period from June 1 through October 31. Flow measurements (FLOW) shall be taken at the two San Bruno test · stations and compared to the total treatment plant flow during dry ~veather periods of the previous year. Suspended solids (SS) and Chemical Oxygen Demand (COD) measure- ments shall be made on 24-hour composite samples taken at the two San Bruno test stations and compared to the Treatment Plant measurements taken duhing the same period. Allocation of Operai~ion' and Maintenance Costsl The share In Plant operations and Maintenance (0 & M) costs shall .be.allocated upon equal weighing ot~ FLOW, SS, and.'COD factors. Each of thes~ factors' shall account for one-third (1/3) of the total cost of the I~ Plant 0 & M thus- i. _ Flow' One-third.(1/3) of In Plant 0 & M costs. . Suspended Solids' One, third (1/3) of In Plant 0 & M costs. Chemical Oxygen Demand- One-third (1/3) of In Plant 0 & M costs~. (3) Distr'ibution of 0 & M Costs Between the Cities. The shared 0 & M costs shall be distributed between the Cities as fol 1 ows- . · San Bruno' San'Bruno's percentage of the annual shared In Plant costs shall be the sum of the following portions: San Bruno FLOW 1/3 x Treatnient Pl'ant FLOW San Bruno SS 1/3 x T'reat~ent- Plant 'SS x 100%: 'FLOW Portion x 100% - SS Portion .. San Bruno COD x 100%- COD Portion 1/3 x 'Tr-ea't-me-n't 'Plan-t' COD' · F10W is calculated in units of'million gallons per day. SS and · COD are calculated 'in units of pounds peF day. Total San Bruno Percentage = FLOW portion + SS portion + COD portion San Bruno Share = Total San Bruno Percentage x Total Amount of Shared In Plant 0 & M Costs 3, South San FF,ancisco- South San Francisco's percentage of the share In Plant 0 & M costs shall be computed as follows: Total South San Francisco percentage = 100% - total San Bruno percentage. -. South San Francisco share = tbtal annua:l shared. I'n Plant 0 &. M · . costs - San Bruno share. . . Effluent pump station {effluent pump station outfall line,, submarine 'oUtfall line, plant discharge-Colma Creek, and other similar activities) (1) ' Wastewater. P~rameters for Cost Al local:ion. · · Each party's share shall be based on the average volume of wastewater (FLOW) as provided in Subsection A~ Al_l.o_c_at_ion of 0Peration_s and M'aint.enance. Costs. The shared effluent pump station 0 & M costs shall be alloca.ted . _ entirely to Flow ....... - (2) Distribution of.O & M Costs Between the Cities, · _ -" '" -"'"~' '~ "-.lhe shared 0 & M costs shall be distributed between the Cities . . . as fol lows- San Bruno: . . San Bruno's percentage of the annual shared effluent pump station 0 & M costs shall be-computed as follows' San Bruno percentage = San Bruno Flow x 100% Trea'l~m'ent -P 1 ant F1 ow San Bruno share: San Bruno Percentage x Amount of Shared Effluent Pump Station O & M costs South San Francisco share = Amount of .Shared Effluent Pump Station · 0 & M costs - San Bruno share c. Joint Pump Stations (Shaw Road. Pump Station and San Mateo-Avenue Pump Station. ) Distribution of 0 & M Costs Between the Cities' ~ ............ · ~ . _ ~ _ The share 0 & M costs, shall be distributed between the Cities as follows- San Bruno' 50% South San Francisco' 50% Administration (Accounting) San Bruno shall pay 6.5% of its total share of 0 & M costs to South San Francisco for administration. San Bruno liability: 6.5% x (San Bruno share, of- In Plant costs + Effluent Pump Station costs '+ Joint Pump Stations costs.) : -- The'.total San Bruno liability for'operating and maintaining the Enterprise shall be the sum of San Bruno's share of In Plant, EffluentlPump Station, and Joint Pump Station costs, plus Admini'stratioh.. .. . . - . . .The total South San Francisco liability shall be the sum of South San · Francisco'.s share of In Plant, Effluent Pump' Station, .and Joint Pump. Station ..- costs. -' On May 1 in each year hereof, South San Francisco shall provide to San Bruno an estimate, properly substantiated, of San Bruno's share of 'the costs _. of maintenance and operation of the Enterprise for the succeeding fiscal yea~. Quarterly thereafter in such "fiscal year", comm. enc)ng on July l, San BrUno shall pay to South _San-Francisco one-fourth (1/4) of the amount of such estimate. Any difference between such estimates and that actually expended by SOuth San Francisco for the payment of them costs of operation and maintenance of the Enterprise during the ~'fisc~.l year" shall be adjusted upon conclusion .of the final audit. Fiscal year means the period commencing on July 1 in each year and ending on the succeeding June 30. SECTION 2. Ame_ndment of. Paragraph. 12 .o_f the Agreement Dated April. 3_, 1972. Paragraph 12 of the "Agreement Relating to Joint-Construction, Ownership and Use of Wastewater Plant and Appurtenant Facilities," ~ated April' 3, 1972, is hereby amended to read as follows' 12. Notices hereunder shall be given in writing and served personnally or by registered mail upon the parties hereto, as follows' 5~ To South San Francisco' Di rector of Publ i c. Services City Hall 400 Grand Avenue South San Francisco, CA 94080 · To San Bruno Director of Public Works City Hall .. 1567 E1 Camino Real San Bruno, CA 94066 . SECTION 3. Addition of Paragraph 15 to the Agreement Dated April 3 1972 - . ,' _ ..... · · . ..'_ · The "Agreemen.t Relating to Joint Construction, Ownershi ?. and Use of -. Wastewater Plant and Appurtenant Facilities," dated April 3, 1972, is hereby' amended b~ adding thereto Paragraph 15, which shall read as follows': ' 15. As p~rt of its'administrative function, South San FrancisCo shall provide for the inspection and monitoring of industrial wastewater dischargers · in San Bruno, Within the terms of San Bruno's wastewa-ter discharge o'rdihance; · · the industrial waste inspectors of South San Francisco are hereby authorized to inspect :and monitor industrial dischargers in San Bruno and to issue notice of vi'olations_ of wastewater discharge requirements as established in san Bruno's ordi- · . . nance rbgulating wastewater discharges. The Superintendent of. Water Quality Control Plant of South San Francisco, with the approval of the Director o.f Public Works of San Bruno, is her.eby author- . ized to issue 'pollution pretreatment and abatement o~ders and other pollution con- trol requirements to industrial dischargers in San Bruno not in compliance with . discharge requirements; to issu6 wastewater dischar, ge permits to industrial dischargers in San Bruno; and to collect a permit fee as per the San Bruno Ordinance when issued · within the terms of the regulating ordinance. SECTION 4. App. l_icability .o_f_ ,Pri.or_._Agr.eemg_n.tg. The provisions of any agreements heretofore entered into between the parties for the joint construction, ownership and use of the. Enterprise shall continue in full force and effect, unless expressly in conflict with the provisions hereof. · . . SECTION 5. Effective Date The effective date of this amendment shall be July l, 1980. IN WITNESS WHEREOF, the. parties have caused these presents to be executed the day and year.in this Agreement. first hereinabove- · · written. · - m APPROVED AS TO FORM: APPROVED AS TO FORM: o- ... C~TY O~s/~J~ .... .- . · · ATTEST: " '- City Cl'6rk'-'- ...... .