HomeMy WebLinkAboutCity of Clovis - Kings River Watershed and Enterprise Canal Sanitary Survey Agreement 12/6/2007CIN OF FRESNO
City Clerk's OBice (Original)
Kings River Watershed and Enterprise Canal Sanitary Survey Agreement
AGREEMENT
FOR FUNDING OF A SANITARY SURVEY UPDATE
This Agreement is made and entered into this 64� day of
�f«m
4t,- , 2007, the effective date, by and between the CITY OF
FRESNO, a municipal corporation, hereinafter called "FRESNO" and the
CITY OF CLOVIS, a municipal corporation, hereinafter called "CLOVIS".
RECITALS
WHEREAS, the Cities of FRESNO and CLOVIS are municipal
corporations in the State of California incorporated under the laws of said
State with FRESNO being a Charter City and CLOVIS functioning under the
general laws thereof; and
WHEREAS, a sanitary survey of the Kings River Watershed and the
possible contaminants of the Enterprise Canal were conducted in 1998 and
2002, and the Department of Public Health requires that these documents be
updated every five years; and
WHEREAS, FRESNO and CLOVIS both have surface water treatment
plants which utilize the Enterprise Canal as the source of the water for these
plants and therefore are each responsible to update these documents; and
WHEREAS, the Cities of CLOVIS and FRESNO recognize the
benefits to be derived for the residents of each jurisdiction by sharing in the
cost of preparing the update to these documents;
NOW, THEREFORE, in consideration of the foregoing recitals, it is
mutually agreed that:
1. CLOVIS shall contract with a consulting engineer to prepare the
update to the sanitary survey documents and CLOVIS shall
provide FRESNO with a copy of said documents.
2. FRESNO shall reimburse CLOVIS 66.67% of the cost of the
consulting engineer's expenses to prepare said sanitary survey
documents.
3. The estimated total cost of the work to be provided by the
consulting engineer including a ten -percent contingency is
$48,950. FRESNO's proportionate estimated share is
$32,633.67. If the cost for the work exceeds 110% of the
estimated cost, CLOVIS agrees to meet with FRESNO, prior to
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proceeding, to discuss needed scope changes or additional
funding.
4. CLOVIS shall provide an invoice to FRESNO for its
proportionate share and FRESNO shall pay said invoice within
30 days of billing.
5. Indemnification
CLOVIS shall indemnify, hold harmless and defend FRESNO
and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by the FRESNO,
CLOVIS or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or
omissions of CLOVIS or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by CLOVIS of
governmental immunities including California Government
Code Section 810 et seq.
FRESNO shall indemnify, hold harmless and defend CLOVIS
and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by FRESNO,
CLOVIS or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or
omissions of FRESNO or any of its officers, officials,
employees, agents or volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by
FRESNO of governmental immunities including California
Government Code Section 810 et seq.
In the event of concurrent negligence on the part of CLOVIS or
any of its officers, officials, employees, agents or volunteers,
and FRESNO or any of its officers, officials, employees, agents
or volunteers, the liability for any and all such claims, demands
and actions in law or equity for such losses, fines, penalties,
forfeitures, costs and damages shall be apportioned under the
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State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This section shall survive termination or expiration of this
Agreement.
Executed by the Cities hereto as of the day and year first hereinbefore
written.
ATTEST:
M,ag
Approved as to form,
Approved as to form,
ATTEST:
REBECCA E. KLISCH
CITY CLE K
By �'c:» -� J t�cc t 1211:310
D� uty
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CITY OF CLOVIS
A Municipal Corporation
By: -2-I b /'.cod
Kathy Millison
Clovis City Manager
i
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Clovis Citi�orney
CITY OF FRESNO
A Municipal Corporation
By:
R n amirez
Director of Public U lities
James C. Sanchez
Fresno City Attorney
By: l_g1 DNI LL. ��k,
Stacie L. Melikian Date i
Deputy