2001-063-Approving Addendum No.2 To Sewer Agreement Between The Town Of Los Gatos And West Valley Sanitation DistrictRESOLUTION .2001- 63
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING ADDENDUM NO.2 TO .SEWER AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND WEST VALLEY SANITATION DISTRICT
BE IT RESOLVED, an agreement was previously entered into on May 19, 1977
between the West Valley Sanitation District and the Town of Los Gatos, and was amended on
December 4, 1991.
BE IT FURTHER RESOLVED, that the Town of Los Gatos, County of Santa Clara,
State of California, enter into an Agreement (attached as Exhibit A) as the Second Amendment to
Agreement with West Valley Sanitation District, and that the Mayor is authorized, and is hereby
directed to execute said agreement in the name and on behalf of the Town of.Los Gatos.
PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 4"' day of June, 2001 by the following vote:
COUNCIL MEMBERS:
AYES.: Randy Attaway, Steven Blanton, ..Sandy Decker, .Steve Glickman,
Mayor Joe Pirzynslci.
NAYS: None
ABSENT: None
ABSTAIN: None ~ ~ _,
SIGNED:
A~'OR HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~~
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, C~,LIFORNIA
i~ ( OFFICE OF THE TC (~ CLERK
AGR O .
CONTINUATION .AGREEMENT AND AMENDNIEN
TO SEWER AGREEMENT BETWEEN THE TOWN O~~
AND WEST VALLEY SANITATION DIST RI@~~.~'
RESO ~ DO ~ ~ 3
THIS CONTINUATION AGREEMEhe Town of Los Gatos (hereinafter `To n'a) and
2001 by and between t
W t Valley Sanitation District of Santa Clara County (hereinafter "District" ).
REC_ S
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 December 4, 1991 Town and District entered .into gY Ah reinnreferred tto
Agreement to facilitate certain changes in procedures and technolo
as "original .Amendment" ); and
WHEREAS., said Agreement and original Amendment will terminate on June 30, 2001;
and
WHEREAS, pursuant to the .Federal Clean Water Act, the United States Environmental
Protection Agency is in the process of promulgating new regulations for the operation of
public sanitary sewer systems; and
WHEREAS, Town .and District intend to analyze current and projected costs of sewer
service and determine how best to provide Town sewer users with the most cost-effective
service after said regulations are in effect; and
WHEREAS, Town and District desire to indemnify each otha rreement ofdeveloped or
under the .Agreement, as amended, until such time as a new g
the current agreement terminated;
NOW THEREFORE, for and in consideration of their mu~hel arties do~hereby agree as
the terms, provisions :and conditions :hereinafter set forth, p
follows:
Part II, Section E, add Paragraph 4 as follows:
4. Indemnification. Neither TOWN .nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by DISTRICT under or in connection with any work,
authority or jurisdiction delegated to DISTRICT under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,,
DISTRICT shall defend, indemnify and hold TOWN harmless from any
liability imposed for injury as defined by Government Code Section 810.8
occurring by reason of anything done or omitted to be done by DISTRICT
under this Agreement
Neither DISTRICT nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to
be done by TOWN under or in connection with any work, authority or
jurisdiction delegated to TOWN under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4, TOWN shall
defend, indemnify and hold DISTRICT harmless from any liability imposed
for injury as defined by Government Code Section'810.8 occurring by reason
of anything :done or omitted to 'be done by TOWN under this Agreement.
Part IX, Section A, Term of Agreement is amended to read:
This amended agreement is in effect from June 1, 2001 through June 30, 2002,.
and is automatically .renewed for an additional two year period unless either
party gives written notice to the other by January 1, 2002 that it does not wish
to renew this amended agreement. This agreement can also'be terminated at
any time by written ..agreement of both parties or by operation of law. If not
otherwise terminated, this agreement shall terminate on.July 1, 2004.
All of the terms and provisions of the Agreement and original Amendment,
except those specifically amended herein, remain in full force and effect.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
TO ATTORNEY
ATTEST:
• / ,.
~,
1~- a
TOWN CLERK
TOWN OF .LOS GATOS
By:
Title: TOWN MANAGER
WEST VALLEY SANITATION
DISTRICT OF SANTA CLARA CO.
DISTRICT COUNSEL
By:
Title: