HomeMy WebLinkAbout1991/06/18 Item 13
COUNCIL AGENDA STATEMENT
Item I ~
Meeting Date___ ~
ITEM TITLE: Resol ution ,I."f Approving "Fourth Amendment to the
Agreement between the City of Chul a Vi sta, the City of San
Diego, and the Spring Valley Sanitation District of the County
of San Diego, for the Use Of.D~ict's Outfall Sewer."
SUBMITTED BY: Director of Public WOrk~(~
REVIEWED BY: City Managerf~ (4/5ths Vote: Yes_No...!....)
On August 7, 1990, the City Council approved the installation of seven sewage
flow meters at City connections to the Spring Valley Sanitation District sewer
1 i nes. Our exi st i ng agreement for the use of the Di stri ct' s outfall sewer
must be revised to include necessary provisions for the operation and
ma i ntenance of these sewage meteri ng stat ions and to cl arify the method of
determining service charges for metered and unmetered sewage flows discharged
by Chula Vista into District lines.
RECOMMENDATION: That council adopt the resolution as stated in the title
hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
On March 9th, 1964, by contract 2624-2125-R of the County of San Diego (as
previously approved by Chula Vista City Council Resolution No. 3262), the City
of Chula Vista (City) entered into an agreement with the City of San Diego and
the Spring Valley Sanitation District of the County of San Diego, for the use
of the District's Spring Valley Outfall Sewer. This agreement was
subsequently revi sed three times. The fi rst amendment, revi si ng Sect ion 12,
"SERVICE CHARGE," was executed on 2/16/71, to increase the sewer service
charge payable to Spring Valley for the maintenance and operation of the San
Diego Metropol itan Sewer System. Amendment two was executed on 4/24/79 and
revi sed Sect i on 12 again on the method of ca 1 cul at i ng charges payabl e to
Spring Valley. The third amendment was executed on 7/17/79 to extend the life
of the contract until March 9, 1994.
The City is currently discharging sewage into the Spring Valley Outfall Sewer
at 11 different locations. On August 7, 1990, by Resolution 15754, the City
Counci 1 approved a contract with Ameri can Di gita 1 Systems (ADS) Servi ce for
the installation of sewage flow meters at seven of the eleven locations. The
flow to be metered at these sites represents approximately 90% of the total
sewage discharged into the District's system.
The i nsta 11 at i on of the sewage flow meters by Chul a Vi sta wi 11 requi re that
the current agreement with Spring Valley be revised to include provisions for
the operation and maintenance of the metering stations. The original contract
specified that Spring Valley would be responsible for the operation and
13-1
j
Page 2, Item_., r~
Meeting Date___' ____
maintenance of any metering station, and for rendering reports of the metered
flow to Chula Vista. However, since Chula Vista is installing the meters, it
is desirable for the City to retain control of the metering stations, and
contract directly with ADS services for operation and maintenance of the
meters. Flow data information will be made available to the District through
direct monitoring, and to the District and the City of San Diego through
quarterly reports provided by the City of Chula Vista. These conditions were
revised in Section 8.
Sections 12 and 13(a)(3) of the agreement were revised to define the method of
determi ni ng servi ce charges for metered and unmetered sewage flows, and to
introduce the term "equivalent dwelling unit" respectively. Section 22, on
Indemnity and Insurance, was revised to reflect the current Chula Vista
insurance provisions.
Metered sewage flows will be billed on the basis of 110 percent of the amount
San Diego charges Spring Valley per million gallons discharged.
The installation of the sewage flow meters is nearing completion. Staff
expects to start collecting data from these sites in July 1991. Chula Vista
will need to enter into a maintenance agreement with ADS services at that time.
The Ci ty of San Di ego, the Spri ng Valley Sani tat ion Di stri ct and the City
Attorney have revi ewed the proposed agreement, and thei r comments have been
incorporated in the amendment. The other agencies will take our signed
agreement to their respective legislative bodies for approval, first to San
Diego, then to Spring Valley.
FISCAL IMPACT: Measurements performed by the Ci ty in 1987 in ten 1 ocat ions
indicated that billed flows may be 15-20% too high. For Fiscal Year 1988-89,
the City paid Spring Valley a total of $373,428.56. Since approximately 90%
of the total discharged flow will be metered, a minimum of $50,000 should be
saved by using flow meters. Additional savings can be expected due to
increasing Metro System charges and reduced sewage flows resulting from water
conservation.
WPC 5619E
)" -1./13 -/0
I~I q t(
RESOLUT ION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE
CITY OF SAN DIEGO, AND THE SPRING VALLEY
SANITATION DISTRICT OF THE COUNTY OF SAN
DIEGO, FOR THE USE OF DISTRICT'S OUTFALL
SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, on August 7, 1990, the City Council approved
the installation of seven sewage flow meters at City connections
to the Spring Valley Sanitation District sewer lines; and
WHEREAS, the existing agreement for the use of the
District's outfall sewer must be revised to include necessary
provisions for the operation and maintenance of these sewage
metering stations and to clarify the method of determining
service charges for metered and unmetered sewage flows discharged
by Chula Vista into District lines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Fourth Amendment
to the Agreement between the City of Chula Vista, the City of San
Diego, and the Spring Valley Sanitation District of the County of
San Diego, for the Use of Dis tr ict 's Outfall Sewer, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
John P. Lippitt, Director of
Public Works
/
~uce
I~
Presented by
8917a
I'~ -II
k)y>,{
(C" l.
:_"-1
I",
From the Office of the City Attorney
City of Chula vista
Memorandum
Date:
June 15, 1991
From:
Bruce M. Boogaard, City Attorney
To:
Honorable Mayor and Councilmembers
Re:
Spring Valley Sanitation District/Chula Vista/San Diego
Agreement, Fourth Amendment
Recommendation:
Approve and authorize execution of the attached
agreement in lieu of the one in your Council Agenda
Package.
Reason:
Since the last time the agreements were thoroughly looked at
by the Spring Valley Sanitation District, the District has become
"self-insured" (perhaps a eupheJllism for 'uninsured').
Accordingly, they proposed deletion of their duty to carry
insurance.
As a trade-off, the District has no objection to deleting
our duty to carry insurance.
The attached agreement differs from the one in the Council
Notebook by virtue of the fact that both parties duty to carry
insurance is deleted.
(
The Risk Manager has advised that no cases in recent history
(5 years) have involved risks associated the use of the Spring
Valley sewer system by Chula vista.
svsdl.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 9
1"3 ~ 1'-
FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, THE CITY OF
SAN DIEGO AND THE SPRING VALLEY SANITATION
DISTRICT OF THE COUNTY OF SAN DIEGO FOR
THE USE OF DISTRICT'S OUTFALL SEWER
THIS AGREEMENT FOR A FOURTH AMENDMENT modifying section 8
"Metering", Section 12 "Service Charge", section 13 "Charge Against
Capacity Rights," and section 22 "Indemnity - Insurance" of the
County of San Diego Contract 2624-2125-R is made and entered into
this 18th day of June, 1991, by and between the City of Chula
Vista, a Municipal Corporation, the City of San Diego, a Municipal
Corporation; and the Spring Valley Sanitation District, a County
Sanitation District.
WITNESSETH:
STATEMENT OF PURPOSE
The purpose of this agreement is to revise the basic contract
between Chula vista and the Spring Valley Sanitation District to
include necessary provisions for the operation and maintenance of
sewage metering stations installed by the City of Chula vista and
to clarify the method of determining the service charge for metered
and unmetered sewage flows discharged by Chula vista into Spring
Valley Sanitation District lines. However, except as amended
specifically herein, the provisions of this agreement and its
amendments thereto shall be and remain unaffected by the provisions
of this Fourth Amendment. In accordance with the above stated
purpose, sections 8, 12, 13 and 22 of Contract 2624-2125-R are
amended in the following particulars:
1. section 8, Metering, is hereby amended to read as
follows:
"If at any time during the term of this agreement the
daily flow of sewage into District's outfall sewer from
Chula vista's sewer lines increases to a point where it
is deemed necessary or desirable by the District to
measure all or a portion of such flow, the District shall
make written demand on Chula vista that Chula vista
install any and all such meters as the District deems
necessary or desirable.
within 365 days after receipt of such demand, Chula vista
shall, at its sole expense, install such meters at the
locations specified by the District. Said meters and
installation shall be respectively of a type and
installed in a manner approved by District's Engineer.
svsdl.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 1
/3 -13
At its own discretion and upon approval by the District
Chula vista may install meters in lines maintained by the
District or the City of Chula vista to measure all or any
portion of the sewage discharged into District's outfall
sewer from Chula Vista's connections to said sewer.
Such meters as are installed will be operated and
maintained by the City of Chula vista and be in good
working condition for the duration of this agreement.
Flow data information obtained from such meters will be
made available to the District through direct monitoring
and to the District and the City of San Diego through
quarterly reports provided by the City of Chula vista."
2. section 12, Service Charge, is hereby amended to read as
follows:
"(a) Unmetered Connection. Chula vista shall pay to the
District a monthly service charge ("Monthly Service
Charge"). Such Monthly Service Charge shall be calcu-
lated by the District as follows: 110% of the rate which
the City of San Diego charges the District for sewage
discharge into the Metropolitan System ("Metro Rate")
times the number of Equivalent Dwelling units ("EDU's)
within the corporate boundaries of Chula vista connected
to sewer lines which empty into the unmetered connections
of the District's outfall (CVEDU's) times 265 gallons per
CVEDU, and represented mathematically by the following
equation:
Monthly
110% * Metro Rate * No of CVEDU's * 265 Gallons/CVEDU = Service
Charge
This Monthly Service Charge shall be applicable to all
family units, commercial, industrial and any other type
of users within the City of Chula vista that are served
by a sewer system connected to the District's outfall
sewer. The service charge shall be based on a flow of
265 gallons per Equivalent Dwelling Unit (herein after
referred to as "EDU") or the flow rate determined in
accordance with subparagraph (f) below and computed as
follows:
1) The term "family unit" as used in this
agreement shall mean a single family dwelling
unit or each single family dwelling unit in a
duplex, multiple dwelling or apartment house.
svsdl.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 2
Ii -11
svsdl.wp
June 15, 1991
The number of EDU's for each category of
"family unit" shall be assigned by Chula vista
and approved by District. Where a hotel,
motel, trailer court, commercial or industrial
establishment or other type of enterprise or
operation which normally generates a larger
volume of sewage than a single family dwelling
is being served by District's outfall sewer;
Chula Vista, with approval of the District,
shall assign to each such establishment,
enterprise or operation a number of EDUs in
proportion to the estimated amount of sewage
generated. Said number of EDUs so assigned
shall be used in computing the amount of
sewage discharged into the District's outfall
sewer. Said assignment shall be made for each
such establishment, enterprise or operation
being served by District's outfall sewer on
the date when sewage is first discharged from
Chula vista's sewers into District's outfall
sewer under the terms of this agreement.
Thereafter, upon the connection of any such
establishment, enterprise or operation to a
sewer line being served by District's outfall
sewer, or upon the change in use of any
property within Chula vista which is served by
District's outfall sewer, which changes in use
would affect the volume of sewage generated by
such property, Chula vista shall report to the
District and the City of San Diego the date of
such connection or change in use and assign an
appropriate number of Equivalent Dwelling
units to such property with approval of the
District's Engineer.
2) Chula vista shall report to the District and
the City of San Diego quarterly the number of
Equivalent Dwelling units within Chula vista
being served by District's outfall sewer for
all unmetered connections to said outfall
sewer.
3) The service charge for each month shall be
based upon the number of Equivalent Dwelling
units being served at the commencement of the
quarter within which such month falls, for all
unmetered connections.
Fourth Amendment to Spring Valley Sewage Agreement
Page 3
)3 -1-'
(b)
(c)
(d)
(e)
svsd1.wp
June 15, 1991
Metered Connections. At such time as and to the
extent that meters are installed pursuant to
section 8 of this agreement, the provisions of
subparagraph (a) shall be superseded by this
subparagraph (b) as to such metered connections and
Chula vista shall pay to District, in lieu of the
amounts determined by said subparagraph (a), a
service charge per million gallons of sewage
received by the District I s outfall sewer through
Chula vista's metered connections to said outfall
sewer which amounts shall include a proportionate
share of the infiltration allocable to Chula vista
in accordance with section 10 of this agreement.
said charge shall be 110% of the amount the city of
San Diego charges the Spring Valley Sanitation
District per million gallons of sewage discharged
by the District into the Metropolitan System under
the aforesaid Sewage Disposal Agreement of 1960.
District shall invoice Chula vista quarterly for
the amount of sewage discharged into District I s
outfall sewer. Chula vista shall report this
quantity to the City of San Diego.
It is understood by the parties hereto that the
service charge rate of 110% of the maintenance and
operation costs ("M & Oil) of the Metropolitan
Sewerage System shall be based on the latest
estimate of such costs as provided by the city of
San Diego; provided, however, that the amount of
the last installment of the fiscal year shall be
subject to adjustment to reflect actual Metro M & 0
costs for that fiscal year. In case of underpay-
ment the balance shall be due and payable within
thirty (30) days following receipt of notice of
actual Metro M & 0 costs from the City of San
Diego.
Service charges computed by the District in
accordance with either subparagraph (a) or (b) or
both, shall be paid quarterly by Chula Vista to the
District within thirty (30) days after presentation
of a bill for said charges by District.
It is understood by the parties hereto that the
service charge computed pursuant to either
subparagraphs (a) or (b) is to cover (1) the
District's prorated share of the maintenance and
operations cost of the San Diego Metropolitan
Sewerage System which the District must pay to the
Fourth Amendment to Spring Valley Sewage Agreement
Page 4
13 -If.,
city of San Diego under the terms of the
aforementioned "Sewage Disposal Agreement of 1960"
between the District and the City of San Diego,
plus (2) a share of the District's costs in
maintaining and operating the District's outfall
sewer. The service charge as computed in
subparagraphs (a) or (b) will automatically adjust
for any increase or decrease in the Metropolitan
Sewerage System charges. However, the service
charge rate may be increased or decreased from time
to time by the District in direct proportion to any
increase or decrease in the cost to the District in
maintaining said outfall sewer by amending County
of San Diego Contract No. 2624-2125-R. A copy of
the District's Annual Audit Report shall be
furnished to Chula vista upon request.
(f) To the extent that flow meters are installed
pursuant to section 8 of this agreement, the unit
flow of 265 gallons per day per equivalent dwelling
unit mentioned in subparagraph (a) shall be
reviewed after two years of data compilation. At
the end of this period, if requested by the city of
Chula Vista, the District and the City shall
establish a new average flow rate based on actual
metered flow which shall be used and reviewed
annually thereafter in computing the monthly
service charge for unmetered connections."
3. section 13 (a)(3) shall be amended to read as follows:
"That portion of said sewage not measured by meters shall
be determined by the Equivalent Dwelling unit system as
specified in section 12 of this agreement. The average
number of Equivalent Dwelling units served daily under
the terms of this agreement shall be multiplied by 265
gallons or the flow rate determined in accordance with
subparagraph 12 (f) above. Said average shall be
computed by averaging the number of Equivalent Dwelling
units being served by the District's outfall sewer, as
reported quarterly during the fiscal year (as specified
in said "Sewage Disposal Agreement of 1960") by Chula
vista pursuant to section 12 of this agreement."
4. section 22. Indemnity - Insurance is hereby amended to
read as follows: -
"Chula vista Indemnitv. To the extent it may legally do
so, Chula vista shall defend and save and hold free and
harmless the District and its agents, officers and
employees from any claims, liabilities, penalties or
svsd1.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 5
1'3 -/7
fines for injury or damage to any person or property or
for the death of any person arising from or out of any
act or omission of Chula Vista, its agents, officers,
employees or contractors, arising from or out of any
defects in the installation, construction, operation,
maintenance, repair, replacement and/ or reconstruction of
said sewer connections and/or appurtenances, including
sewage flow meters installed according to section 8 of
this Agreement. P\i:FS\iaflt they-eta Ch\ila Vista ahall
maintain, thre~~hea~ the duration af ~hia ~~reemeftt, a
MemeraHsum af IBSUraftee fer publie liaeility eevcra~e te
preteet against leaa fram liasility i.peaed BY la~ for
damaEjes eft aeeeuRt. af 13eElily ifljary, inoludiflEJ deat.h
resulting t.herefrem, suffered ay alleged te 13e sufferea
sy any parseR ey peraeflB t...ftat.aee".~cr resalt.iftEj direetly ey
iRdiree~ly fram aft} aet af aetiviticc af Chula ~iDta er
afty peresR sat.iRE} fer Cauls ~iota er unaer Chuls vieta's
seRtrel ey dircotieR, ana alae t.e proteot against. any
less fram liabilit.y impeacEl sy 18\_. fer aamages te any
preperty of any pcraen eauoea direotly or indireetly by
or fram set.e er aotivities af Ch~la ~ista sr aRY ~ersen
ae~iR~ fer Ch~la vista sr ~Racr Chula vista's ean'tral er
dircetien. Eueh ~aslic liability ana ~ro~crty dama~c
iRS\iraRee shall BC maiRtaineEi iR t.he amsaRt. sf Sl, G99, 99G
esmBinca aiR~le limi~_ Eaid iReurancc ohall Be in ferm
sat.isfaetery ta t.he CeaRt.y Ca~Rsel af Ean Die~a CauRty_
'Fhe MemeranEl\:lm af InSaraRCt1 ElRal1 ha9:c a Ron
canecllat.ieR wit.heat teR (19) day Re'tiee t.a [)ist.riet.
claaac aRd shall ~ra~idc ~Ra~ espics af all eaReclla'tien
na'tieca shall Be sent. 1:6 [)iot.rie't. If Ohala ~iat.a daeo
Rat ]tCC~ a~eh Uemsranaam af IRs\;lraRoe in full force and
effee~, Diotrie't JB.a~i t.a]te e~'t t.he neeessar~i inourancc €lRd
pay ~hc premiam, ana each amounto 00 paid BY the [)iatriet
shall Be addcEl ta t.he maRthll aer.iee ehar~e aRB se paid
sy ~BC city iR aeeeraaRee \lith Eeet.ien 12 af t.hic
A~reem~nt as amended here t.s ana Be paid as Daeh sy Chula
'l."ieta en t.he l\el!~ as}- apan which rent secomes due.
District Indemnitv. To the extent it may legally do so,
District shall defend and save and hold free and harmless
Chula vista and its agents, officers and employees from
any claims, liabilities, penalties or fines for injury to
or damage to any person or property or for the death of
any person arising from or out of any act or omission of
District, its agents, officers, employees or contractors,
arising from or out of any defects in the installation,
construction, operation, maintenance, repair, replacement
and/or reconstruction of said sewer connections and/or
svsdl.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 6
13 -/~
appurtenances.
I"l:lrSliaR:E 'Eheret.e J;'Jia'trie"t BRall t.a]te 91:lt. aRa maiRtain
pllBlic liaeili"ty iliSl:1.raRee ......it-h all iRsarallee earrier
aatasrizea te ae sQaineaa iR the ~tate sf Califernia te
pr8~eet a~aiftat leas frem liasility impesea BY la~ fer
Elalllalje.a ell aeeeuftt. af 13eElily injury I iRelaEling death
reaal~iRIJ 'therefrem, safferea eE" allc~cd to Be suffered
By allY parseR eE' parseRS Yhatoeever re.s\il tiRIj dire.etl~i er
iftsireetly frem any aet BE' aeti~itica af District SE' aftY
perseR aet.ifuJ fer Diotriot af l:lfuie:r Distriet.. s aentrel eE'
ElireetisR, aRa alee t.e preteet. afJaiRot. aR~f leso fram
liabilit.y impeaed BY law fer damaljca te anyprepcrty af
afty peraeft eaasea diree~ly eE' indireotly BY BE" fram aeta
sf ae'ti7it.it:s af Diatriet. eE" allY perseft aet.ift'!J fer
Bis~rie~ ey ~Rdcr Diat.Fiet.'s eaRt.rel SF direet.ieR. Eaea
puslie liasili~y aRe preperty eama'!J6 i~DuFaRee shall S~
.aiR~aiftee iR fall ferae aRa cffee~ aarin'!J ~he eR~ire
~crm af t.his a'!Jrccmcftt ift the amounts af Rat lcas than
$$99,999 fer Bfte persaft iftjurea ift efts aeeiseRt. afts ftat.
less taaft $1,OeQ,9ge far mere than eRe peYSeR iRjures iR
eRe aeeieeRt aRa iR the amauftt ef fte~ lesa taaR $2Se,eee
with respeet te afty pFsperty asma'!Je aferesaia. Eaiel
iRsaraRee sRall Be iR ferm eatiafaotery to tRe City
At.t.erftey af 'thc city af Chuls vista.
Thc insuranee palieiea shall Ba7e a fteft eaftsellat.isft
wit.keat ten (19) day nstiee t.e Diatriet elauss afts shall
previse ~fta~ espies af all eaReellatieR Retiees saall so
aeRt. t.e Chula "."ista. If Oiotriet seeEl fte-e. l[eep such
iftSUraRee in full ferae aftB effeet, Caula vista may take
e~t t.he fteeessar~l illouraRee alld pal- the premium, aPiel sueh
a_eaRta 08 pais BY Caals vista saall Be aeauetcd fram the
acr?iee eharqeo payable ~e the Diotriot iR aaeerdanec
9.l\,.i t.a Eeetian 12 af this }..'!Jrssmsftt, aa amcRaeel herete. n
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by their respective officials.
svsdl.wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 7
/3-/7
Signature Page to
Fourth Amendment to Agreement between the city of Chula Vista; the
city of San Diego, and the Spring Valley Sanitation District of the
County of San Diego for the use of District's outfall sewer to
modify section 8 "Metering" and section 12 "Service Charge"
IN WITNESS WHEREOF, city of Chula Vista, City of San Diego and
Spring Valley Sanitation District have executed this Agreement this
day of , 1990.
CITY OF CHULA VISTA
BY:
Tim Nader
Mayor
Attest:
Beverly Authelet,
City Clerk
Approved as to form:
Bruce M. Boogaard,
City Attorney
City of San Diego
by:
Spring Valley Sanitation District
by:
svsd1 . wp
June 15, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 8
} 3 - :22>
~~I?-
~
.......~~~
......""""--"'--
-.::...",-- ~
." \
,
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
DATE:
October 24, 1991
FROM:
The Honorable Mayor and City coun~
John Goss, City Manager
Bruce M. Boogaard, city Attorney
Clerical Correction to Fourth Amendment to the
Spring Valley Sanitation Agreement
TO:
SUBJECT:
As a result of a question raised by the county of San Diego with
regard to the Fourth Amendment to the Agreement between the city of
Chula vista, city of San Diego and the Spring Valley Sanitation
District of the County of San Diego for the Use of District's
Outfall Sewer, it is appropriate to make a clerical correction in
the monthly formula rate language by which City is charged for
sewer access through Spring Valley to Metro to reflect that which
was actually intended by staff and Council, to-wit: 110% of the
Metro Rate, in dollars per million gallons, times the 265 gallons
per EDU per day times the number of days per month times the number
of Chula vista equivalent dwelling units attached to the sewer
line.
We concur with the clerical correction of the proper rate and
without any further request by a Councilmember, will make the
change clerically without further ado by the City Council.
BMB:lgk
cc: Elizabeth Chopp
~ii'1 ~Ie"'/<...
13 - c9..1
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, THE CITY OF
SAN DIEGO AND THE SPRING VALLEY SANITATION
DISTRICT OF THE COUNTY OF SAN DIEGO FOR
THE USE OF DISTRICT'S OUTFALL SEWER
THIS AGREEMENT FOR A FOURTH AMENDMENT modifying section 8
"Metering", Section 12 "Service Charge", Section 13 "Charge Against
Capacity Rights," and Section 22 "Indemnity - Insurance" of the
County of San Diego Contract 2624-2125-R is made and entered into
this 18th day of June. 1991. by and between the City of Chula
Vista, a Municipal Corporation, the City of San Diego, a Municipal
Corporation; and the Spring Valley Sanitation District, a County
Sanitation District.
WITNESSETH:
STATEMENT OF PURPOSE
The purpose of this agreement is to revise the basic contract
between Chula Vista and the Spring Valley Sanitation District to
include necessary provisions for the operation and maintenance of
sewage metering stations installed by the City of Chula Vista and
to clarify the method of determining the service charge for metered
and unmetered sewage flows discharged by Chula Vista into Spring
Valley Sanitation District lines. In accordance with the above
stated purpose, Sections 8, 12, 13 and 22 of Contract 2624-2125-R
are amended in the following particulars:
1. Section 8. Meterinq, is hereby amended to read as
follows:
"If at any time during the term of this agreement the
daily flow of sewage into District's outfall sewer from
Chula vista's sewer lines increases to a point where it
is deemed necessary or desirable by the District to
measure all or a portion of such flow, the District shall
make written demand on Chula Vista that Chula Vista
install any and all such meters as the District deems
necessary or desirable.
Within 365 days after receipt of such demand, Chula vista
shall, at its sole expense, install such meters at the
locations specified by the District. Said meters and
installation shall be respectively of a type and
installed in a manner approved by District's Engineer.
At its own discretion and upon approval by the District
svsd1.wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 1
-/3 i /3-02:2.
Chula Vista may install meters in lines maintained by the
District or the City of Chula Vista to measure all or any
portion of the sewage discharged into District's outfall
sewer from Chula Vista's connections to said sewer.
Such meters as are installed will be operated and
maintained by the City of Chula vista and be in good
working condition for the duration of this agreement.
Flow data information obtained from such meters will be
made available to the District through direct monitoring
and to the District and the City of San Diego through
quarterly reports provided by the city of Chula Vista."
2. Section 12. Service Charae, is hereby amended to read as
follows:
"(a) Unmetered Connection. Chula Vista shall pay to the
District a monthly service charge ("Monthlv Service
Charae") based on the followina formula~ at a rate af
110% of the allla1:lftt rate which the City of San Diego
charges the District for sewage discharge into the
Metropolitan System ("Metro Rate". currentlY set at $560
oer million aallonsl times the number of Eauivalent
Dwellina units ("EDU'sl within the coroorate boundaries
of Chula Vista connected to sewer lines which emoty into
the unmetered connections of the District's outfall
(CVEDU'sl times 265 aallons oer CVEDU. and reoresented
mathematically bY the followina eauation:
MonthlY
110% * Metro Rate * No of CVEDU's * 265 Gallons/CVEDU = Service
Charae
This Monthlv Service ~harge shall be applicable to all
family units, commercial, industrial and any other type
of users within the City of Chula Vista that are served
by a sewer system connected to the District's outfall
sewer. The service charge shall be based on a flow of
265 gallons per Equivalent Dwelling Unit (herein after
referred to as "EDU") or the flow rate determined in
accordance with subparagraph (f) below and computed as
, follows:
1) The term "family unit" as used in this
agreement shall mean a single family dwelling
unit or each single family dwelling unit in a
duplex, multiple dwelling or apartment house.
The number of EDU' S for each category of
svsd1.wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 2
~ 15-~3
"family unit" shall be assigned by Chula Vista
and approved by District. Where a hotel,
motel, trailer court, commercial or industrial
establishment or other type of enterprise or
operation which normally generates a larger
volume of sewage than a single family dwelling
is being served by District's outfall sewer;
Chula Vista, with approval of the District,
shall assign to each such establishment,
enterprise or operation a number of EDUs in
proportion to the estimated amount of sewage
generated. Said number of EDUs so assigned
shall be used in computing the amount of
sewage discharged into the District's outfall
sewer. Said assignment shall be made for each
such establishment, enterprise or operation
being served by District's outfall sewer on
the date when sewage is first discharged from
Chula vista's sewers into District's outfall
sewer under the terms of this agreement.
Thereafter, upon the connection of any such
establishment, enterprise or operation to a
sewer line being served by District's outfall
sewer, or upon the change in use of any
property within Chula vista which is served by
District's outfall sewer, which changes in use
would affect the volume of sewage generated by
such property, Chula Vista shall report to the
District and the City of San Diego the date of
such connection or change in use and assign an
appropriate number of Equivalent Dwelling
units to such property with approval of the
District's Engineer.
2) Chula Vista shall report to the District and
the City of San Diego quarterly the number of
Equivalent Dwelling Units within Chula vista
being served by District's outfall sewer for
all unmetered connections to said outfall
sewer.
3) The service charge for each month shall be
based upon the number of Equivalent Dwelling
Units being served at the commencement of the
quarter within which such month falls, for all
unmetered connections.
(b) Metered Connections. At such time as and to the
svsd1.wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 3
+35
13- J Lf
(c)
(d)
(e)
svsd1.wp
June 10, 1991
extent that meters are installed pursuant to
section 8 of this agreement, the provisions of
subparagraph (a) shall be superseded by this
subparagraph (b) as to such metered connections and
Chula Vista shall pay to District, in lieu of the
amounts determined by said subparagraph (a), a
service charge per million gallons of sewage
received by the District's outfall sewer through
Chula Vista's metered connections to said outfall
sewer which amounts shall include a proportionate
share of the infiltration allocable to Chula Vista
in accordance with Section 10. of this agreement.
Said charge shall be 110% of the amount the City of
San Diego charges the Spring Valley Sanitation
District per million gallons of sewage discharged
by the District into the Metropolitan System under
the aforesaid Sewage Disposal Agreement of 1960.
District shall invoice Chula Vista quarterly for
the amount of sewage discharged into District I s
outfall sewer. Chula vista shall report this
quantity to the City of San Diego.
It is understood by the parties hereto that the
service charge rate of 110% of the maintenance and
operation costs (11M & 0") of the Metropolitan
Sewerage System shall be based on the latest
estimate of such costs as provided by the City of
San Diego; provided, however, that the amount of
the last installment of the fiscal year shall be
subject to adjustment to reflect actual Metro M & 0
costs for that fiscal year. In case of underpay-
ment the balance shall be due and payable within
thirty (30) days following receipt of notice of
actual Metro M & 0 costs from the City of San
Diego.
Service charges computed by the District in
accordance with either subparagraph (a) or (b) or
both, shall be paid quarterly by Chula Vista to the
District within thirty (30) days after presentation
of a bill for said charges by District.
It is understood by the parties hereto that the
service charge computed pursuant to ei ther
subparagraphs (a) or (b) is to cover (1) the
District's prorated share of the maintenance and
operations cost of the San Diego Metropolitan
Sewerage System which the District must pay to the
City of San Diego under the terms of the
Fourth Amendment to Spring Valley Sewage Agreement
Page 4
-t3-+ 13'-~
aforementioned "Sewage Disposal Agreement of 1960"
between the District and the city of San Diego,
plus (2) a share of the District's costs in
maintaining and operating the District's outfall
sewer. The service charge as computed in
subparagraphs (a) or (b) will automatically adjust
for any increase or decrease in the Metropolitan
Sewerage System charges. However, the service
charge rate may be increased or decreased from time
to time by the District in direct proportion to any
increase or decrease in the cost to the District in
maintaining said outfall sewer by amending County
of San Diego Contract No. 2624-2125-R. A copy of
the District's Annual Audit Report shall be
furnished to Chula Vista upon request.
(f) To the extent that flow meters are installed
pursuant to section 8 of this agreement, the unit
flow of 265 gallons per day per equivalent dwelling
unit mentioned in subparagraph (a) shall be
reviewed after two years of data compilation. At
the end of this period, if requested by the City,
the District and the City shall establish a new
average flow rate based on actual metered flow
which shall be used and reviewed annually
thereafter in computing the monthly service charge
for unmetered connections."
3. section 13 (a) (3) shall be amended to read as follows:
"That portion of said sewage not measured by meters shall
be determined by the Equivalent Dwelling unit system as
specified in section 12 of this agreement. The average
number of Equivalent Dwelling Units served daily under
the terms of this agreement shall be multiplied by 265
gallons or the flow rate determined in accordance with
subparagraph 12 (f) above. Said average shall be
computed by averaging the number of Equivalent Dwelling
units being served by the District's outfall sewer, as
reported quarterly during the fiscal year (as specified
in said "Sewage Disposal Agreement of 1960") by Chula
vista pursuant to section 12 of this agreement."
4. Section 22. Indemnitv - Insurance is hereby amended to
read as follows:
"To the extent it may legally do so, Chula vista shall
defend and save and hold free and harmless the District
and its agents, officers and employees from any claims,
liabilities, penalties or fines for injury or damage to
any person or property or for the death of any person
svsd1. wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 5
'13-7 I~-Ol(..
arising from or out of any act or omission of Chula
Vista, its agents, officers, employees or contractors,
arising from or out of any defects in the installation,
construction, operation, maintenance, repair, replacement
and/or reconstruction of said sewer connections and/or
appurtenances, including sewage flow meters installed
according to Section 8 of this Agreement. Pursuant
thereto Chula Vista shall maintain, throughout the
duration of this Agreement, a Memorandum of Insurance for
public liability coverage to protect against loss from
liability imposed by law for damages on account of bodily
injury, including death resulting therefrom, suffered or
alleged to be suffered by any person or persons
whatsoever resulting directly or indirectly from any act
of activities of Chula Vista or any person acting for
Chula Vista or under Chula Vista's control or direction,
and also to protect against any loss from liability
imposed by law for damages to any property of any person
caused directly or indirectly by or from acts or
activities of Chula Vista or any person acting for Chula
Vista or under Chula vista's control or direction. Such
public liability and property damage insurance shall be
maintained in the amount of $1,000,000 combined single
limit. Said insurance shall be in form satisfactory to
the County Counsel of San Diego County.
The Memorandum of Insurance shall have a non-
cancellation-without-ten (10) day-notice-to-District
clause and shall provide that copies of all cancellation
notices shall be sent to District. If Chula vista does
not keep such Memorandum of Insurance in full force and
effect, District may take out the necessary insurance and
pay the premium, and such amounts so paid by the District
shall be added to the monthly service charge and be paid
by the city in accordance with Section 12 of this
Agreement as amended here to and be paid as such by Chula
Vista on the next day upon which rent becomes due.
To the extent it may legally do so, District shall defend
and save and hold free and harmless Chula vista and its
agents, officers and employees from any claims,
liabilities, penalties or fines for injury to or damage
to any person or property or for the death of any person
arising from or out of any act or omission of District,
its agents, officers, employees or contractors, arising
from or out of any defects in the installation,
construction, operation, maintenance, repair, replacement
and/or reconstruction of said sewer connections and/or
appurtenances.
svsd1.wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 6
+3 ~ 1~-~7
Pursuant thereto District shall take out and maintain
public liability insurance with an insurance carrier
authorized to do business in the State of California to
protect against loss from liability imposed by law for
damages on account of bodily injury, including death
resulting therefrom, suffered or alleged to be suffered
by any person or persons whatsoever resulting directly or
indirectly from any act or activities of District or any
person acting for District of under District's control or
direction, and also to protect against any loss from
liability imposed by law for damages to any property of
any person caused directly or indirectly by or from acts
of activities of District or any person acting for
District or under District's control or direction. Such
public liability and property damage insurance shall be
maintained in full force and effect during the entire
term of this agreement in the amounts of not less than
$500,000 for one person injured in one accident and not
less than $1,000,000 for more than one person injured in
one accident and in the amount of not less than $250,000
with respect to any property damage aforesaid. Said
insurance shall be in form satisfactory to the city
Attorney of the City of Chula Vista.
The insurance policies shall have a non-cancellation-
without-ten (10) day-notice-to-District clause and shall
provide that copies of all cancellation notices shall be
sent to Chula vista. If District does not keep such
insurance in full force and effect, Chula vista may take
out the necessary insurance and pay the premium, and such
amounts so paid by Chula Vista shall be deducted from the
service charges payable to the District in accordance
with Section 12 of this Agreement, as amended hereto."
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by their respective officials.
svsd1. wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 7
~ 13-tJ~
-'-
Signature Page to
Fourth Amendment to Agreement between the City of Chula Vista; the
City of San Diego, and the Spring Valley Sanitation District of the
County of San Diego for the use of District's outfall sewer to
modify section 8 "Metering" and Section 12 "Service Charge"
IN WITNESS WHEREOF, City of Chula Vista, City of San Diego and
Spring Valley Sanitation District have executed this Agreement this
day of , 1990.
CITY OF CHULA VISTA
BY:
Tim Nader
Mayor
Attest:
/
City of San Diego
by:
Spring Valley Sanitation District
by:
svsd1.wp
June 10, 1991
Fourth Amendment to Spring Valley Sewage Agreement
Page 8
r3
Ii) )~-:29
f