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HomeMy WebLinkAboutReso 144-1981 RESOLUTION NO. 144-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCUTHERN PACIFIC PIPE LINES (AFFF/ATC'PROPORTIONING TRAILER) that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled "Agreement Between City of South San Francisco and Southern Pacific Pipe Lines (AFFF/ATC Proportioning Trailer)" is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit IIA, Il 2. Signatures. The City Manager is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoi.ng Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18th day of November , 1981 , by the following vote' AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None ATTEST: AGP~EMENT BETWEEN CITY OF SOUTH SAN FRANCISCO AND SOUTHERN PACIFIC PIPE LINES (AFFF/ATC PROPORTIONING TRAILER) THIS AGREEMENT made this lSth day of ~10vember , 1981 between the City of South San Francisco, a municipal corporation, hereinafter referred to as "City", and Southern Pacific Pipe Lines, a Delaware corporation, hereinafter referred to as "Corporation". W I TNE S S E TH : WHEREAS, Corporation, the owner and operator of a large petroieum storage facility on Tunnel Avenue in the City of Brisbane, would be provided with supplemental fire fighting services by the City's Fir~ Department in.the event the City responds to an emergency at Corporation's petroleum storage facility pursuant to the City's Mutual Aid Agreement with the City of Brisbane; and WHEREAS, Corporation has had trailers manufactured for it by F. M. Chemical Company, Inc., which are equipped to store and proportion Aqueous Film Forming Foam Alcohol Type Concentrate (AFFF/ATC) with water for the purpose of fire suppression (hereinafter referred to as "AFFF/ATC Trailer), and is willing to donate and transfer an AFFF/ATC Trailer to City, subject to certain terms and conditions but at no cost to City, so that it will __be available to City's Fire Department for any and all emergencies the ]ity responds to including any response to the Corporation's petroleum ~torage facility, pursuant to the City's Mutual Aid Agreement with the City of Brisbane, and WHEREAS, Corporation' is also willing, at' no cost to City, to donate and supply a quantity of AFFF/ATC for use in the AFFF/ATC Trailer to be transferred to City and additional amounts as hereafter provided; and whereas, City is willing to accept the transfer to it by Corpo'ration of an AFFF/ATC Trailer subject to certain terms and conditions as to its use and to also accept, now and in the future, quantities of AFFF/ATC which may be provided pursuant to the terms of this Agreement, for use in said AFFF/ATC Trailer, all at no cost to City: NOW, THEREFORE, in consideration of the foregoing, it is agreed as follows: 1. DONATION OF AFFF/ATC TRAILER. Corporation, by these presents, donates and transfers to City all of its rights, title and interest to the registered AFFF/ATC Trailer, Model No. Mark 75A, Serial No. 11878, said AFFF/ATC Trailer to be deliv- ered to City within 30 days of the date of this Agreement. In addition, Corporation is to provide City with an initial supply of AFFF/ATC by delivering 900 gallons of AFFF/ATC to City within 30 days of the date mof this Agreement and, thereafter, to replenish City's supply with any ~uantity of AFFF/ATC used by City for any emergency or training at 2orporations' petroleum storage facilities within 30 days thereafter. · AFFF/ATC TRAILER AND CONCENTRATE - ACCEPTANCE, USE, STORAGE, MAINTENANCE. a. Acceptance and Use. City accepts the registered AFFF/ATC Trailer, Model No. Mark 75A, Serial No. 11878, transferred.to it by Corporation. In consideration for said AFFF/ATC Trailer, and of Cor- poration's agreements hereunder, City shall, until such time as City sells or otherwise disposes of said AFFF/ATC Trailer as hereinafter provided for, use said AFFF/ATC Trailer and the AFFF/ATC concentrate provided by Corporation for any emergency which the City may respond to including but not limited to the City's response to any emergenc'y occurring at Corporation's storage facility pursuant to City's Mutual Aid Agreement with the City of Brisbane and, in connection therewith, shall garage and maintain, said AFFF/ATC Trailer and use the AFFF/ATC~ as set forth below. b.· Storage of Trailer. City shall garage Or otherwise store the AFFF/ATC Trailer at a place not more than five miles from the in- tersection of Tunnel Avenue and Bayshore Boulevard in the County of San Mateo, state of California (which interseCtion is south of Corpora- tion's petroleum storage facilities), c. Maintenance of 'Trailer. City shall bear the cost and ex~' )ense of maintaining and repairing the AFFF/ATC Trailer, provided,· howeYer~ that in the event the AFFF/ATC Trailer is damaged in an emer- gency involving Corporation's property or facilities, or on Corporation's pipeline, Corporation shall bear the cost of repair for said equipment. If the AFFF/ATC Trailer is damaged beyond repair, neither Corporation nor the City is obliged to replace the AFFF/ATC Trailer. d. Storage and Replenishment of-Concentrate. City agrees to store the AFFF/ATC conCentrate'in"accordance with the recommendations of the 3M Corporation. City shall'bear the cost of replacing the AFFF/ ATC concentrate except as provided in part 1 page 1 of this Agreement. If any of the concentrate supplied by Corporation is tested at a 3M facility and such testing~indicates that the product has-become in- effective or otherwise inappropriate for its intended purpose, Southern Pacific Pipe Lines shall agree to replenish the supply so long as City~ has stored the AFFF/ATC concentrate in accordance with the recommendations of the 3M Corporation. In those situations wherein Southern Pacific Pipe Lines has not agreed to replenish the supply of ~FF/ATC concentrate, City will use its best efforts to replenish the supply within a reasonable period of time. 3. MODIFICATION OF TRAILER. r, It is understood and agreed by the parties hereto that City, Ln its sole discretion and at its own cost and expense, may remove the · · AFFF/ATC equipment, including the concentrate storage tank, from the chassis of the AFFF/ATC Trailer transferred herein by Corporation to --~ity and install said AFFF/ATC proportioning equipment, including the ~oncentrate storage tank, onto the chassis of any truck owned, purchased, )r leased by City for said purpose, which truck, with the AFFF/ATC pro- portioning equipment, including the concentrate storage tank installed thereto, shall be registered, garaged, and maintained in the same manner as provided for the AFFF/ATC Trailer. 4. DISPOSAL OR SALE OF AFFF/ATC TRAILER. It is understood and agreed by City and Corporation that City, in its sole discretion, may at any time sell or otherwise dispose of AFFF/ATC Trailer transferred herein by Corporation to City, provided that prior to the disposal or sale of said AFFF/ATC Trailer by City, City shall offer said AFFF/ATC Trailer, together with AFFF/ATC in t~e amount originally supplied by Corporation as herein provided for, to Corporation who shall have the option to re-purchase said AFFF/ATC Trailer and AFFF/ATC from City for a nominal consideration in the. amount of $1.00. 5. I~,~UNITIES AND DEFENSES. This Agreement is not intended to limit in any way the statutory im~nities of the City of South San Francisco embodied in Government Code Section 850 et seq., nor does it limit any other immunity or defense pro- __vided by law to municipal corporations, ~IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter set forth. CITY OF SOUTH SAN FRANCISCO, a municipal corporation November 20, 1981 Deputy C'it~'~-Clerk · October 22, 1981 ~ Date ' ~lty Attorney · Title City Manager SOUTHERN PACIFIC PIPE LINES "- Smith Title President & Gen. Manager