2004-096- Approving A Continuation Agreement And Amendment No 3 To The Agreement Between The Town Of Los Gatos And West Valley Sanitation District To June 30, 2005 To Allow For The Development And ImRESOLUTION 2004 - 96
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
.APPROVING A CONTINUATION AGREEMENT AND AMENDMENT N0.3 TO THE
AGREEMENT .BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY
SANITATION'DISTRICT TO JUNE 30, 2005 TO ALLOW FOR THE DEVELOPMENT
AND IMPLEMENTATION OF A TRANSITION PLAN TO TRANSFER
MAINTENANCE RESPONSIBILITIES FOR THE LOS GATOS SEWER COLLECTION
SXSTEM FROM THE TOWN OF LOS GATOS TO WEST VALLEY SANITATION
DISTRICT
WHEREAS, on May 19, 1977 Town entered into an agreement with District entitled
"District 4 -Los Gatos 1977 Sewer Agreement" (herein referred to as "Agreement" ); and
WHEREAS, on June 1.3, 2001 Town and District entered into an amendment to the
Agreement to continue said Agreement for a period not to exceed three .years; and
WHEREAS, said Agreement and all amendments will terminate on June 30, 2004; and
WHEREAS, Town and District :have analyzed current and projected costs of sewer
service and the impacts of new regulations on the future operations and management of the sanitary
sewer system; and
WHEREAS, Town and District desire to transfer all current and future ownership .and
associated operation and maintenance responsibilities ofthe sanitary sewer system within the Town's
jurisdiction ~to the District.
RESOLVED, that the -Town .Council of the Town of Los Gatos hereby
.approve the Continuation Agreement and Amendment No. 3 to Sewer Agreement
Between the'Town of Los Gatos and West Valley Sanitation District, attached hereto
as Exhibit "A" and incorporated herein by this reference, .and authorize the Town
Manager to execute the Agreement .and Amendment.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 21S` day of June, 2004 by the following vote:
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski
Vice Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
VICEMAYOR OF'THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS~ CALIFORNIA
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CONTTNUATTON .AGREEMENT AND AMENDMENT N(~~~~~`~~ ~-`-~ -.
TO SEWER AGREEMENT BETWEEN THE TOWN OF LOS ~'~5~.~.,.~~, _
AND WEST VALLEY SANITATION DISTRICT ~~,~.__..___ _
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~~
THIS CONTII~lUA°TTON AGREEMENT is made and entered into this :.rt~~~, of-~~-~-°~--~--~- ~ ; --
2004 by and between the Town of Las Gatos (hereinafter "Town")and West Valley Sanitation District
of Santa Clara County (Hereinafter "District" ).
RECITALS
WHEREAS, on May 19, 1977 Town entered into an agreement with District entitled "District 4 -Los
Gatos 197'7 Sewer Agreement" (herein referred to as "Agreement" ); and
WHEREAS, an June 1 ~, 2001 Town and District entered into an amendment to the Agreement to
continue .said Agreement for a period not to exceed three years; and
WHEREAS., said Agreement and all amendments will terminate on Tune 30, 2004; and
WHEREAS, Town and District have analyzed current and projected costs of sewer service and the
impacts of new regtalations on the future operations and management of the sanitary sewer .system; and
WHEREAS, Town and District desire to transfer all current and future ownership and associated
operation and maintenance responsibilities of the sanitary sewer system. within the Town's jurisdiction
to the District;
NOW THERET~ORE, for and in consideration of their mutual promises,. and subject to the terms,
provisions and conditions hereinafter set forth, the parties do hereby agree as follows:
1. All of the terms and provisions of the Agreement and all subsequent amendments remain in full
force and effect for a period not to exceed one year from the date of this Continuation Agreement.
2. During fire period of this. Agreement a Transition Plan will be implemented to include the
following elements:
A. A Communication Plan that uicludes press releases to local media, written
commuiueations to all Town sewer users (via both. mail and door hangers) and at least one public
information meeting to inform all interested parties about the transfer of sewer service responsibilities.
The Communication Plan will also include communication procedures to ensure seamless service
delivery to customers subsequent to the transfer.
B. An Information Transfer Plan that ensures all relevant Tawn knowledge and .local
expertise of the :sewer .system is transferred to the District. The information will include all sewer
maintenance records and service requests for a minimum of 24 months pi~or to the transfer.
C. In Assets Transfer Flan including an analysis by an independent public financial advisor
selected by both pa~•ties to determine the current value of sewer systems assets and a plan to negotiate
the transfer or disposition of those assets.
~ ~
D. Performance Commitments to ensure that Los Gatos customers will continue to receive a
comparable level of service from the District as they do currently from the Town. These commitments
will be in the areas of response tune, duality of service, and customer service.
3. Any extraordinary costs of the aforesaid Transition Pian elements beyond normal operational
responsibilities will be borne solely by the District.
4. It is further agreed that it is the intention of :the 'T'own and District to accomplish the transfer of
responsibilities and .assets as expediriously as possible. Date certain milestozies for each of the
Transition Plan elements will be set not later. than August l.6> 2004. .
5. Upon completion of all Transition Plan elements and payment of all moneys owing for transfer
of ownership interests, the Town will reluiquish all ownership rights and interests in the sanitary sewer
system to the District. It completion of all Transition Plan elements and payment of all moneys owing
for transfer of ownership interests occurs prior to the expiration of this .agreement, then this agreement
shall have na further force and effect.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
TOWN ATTORNEY
ATTEST:
Marian V. Cosgrove, Town Clerk
Town of Los Gatos
APPROVED AS TO FORM:
TOWN OF LOS GATOS
By:
Title:
WEST VALLEY SANITATION
DISTRICT OF SANTA CLARA CO.
By:
DISTRICT COUNSEL
Title: