Loading...
HomeMy WebLinkAboutReso 1987-13180 RESOLUTION NO. 13180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE ACQUISITION, INSTALLATION AND MAINTENANCE OF METERING DEVICES TO MEASURE SEWAGE FLOW AT THE "J" AND "G" STREET METERING STATIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF SAN DIEGO, for the acquisition, installation and maintenance of meter- ing devices to measure sewage flow at the "J" and "G" Street metering stations dated the 4th day of August , 198 7, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by P orks/City Engineer Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 4t:h doy of.. August 19 a7 , by the following vote, to-Wit: AYES: Cou.cilmen: Moore, Nader, McCandlis~ NAYES: Councilmen: None ABSTAIN: Cotr~ilmen: None ABSENT: Councilmen: Cox, Malcolm MAYOR PRO TEMPORE ATTEST~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CIVIC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13180 .. ,ond fhof the some hoe not been omendedor repeoled. DATED ~ City Clerk ClIY OF CHULA VISTA 0C-660- MpT CrlY OF CHULA VIS'i'A OFFIGE OF THE GITY GLERK January 20, 1988 Mr. Charles Yackley Water Utilities Department City of San Diego 1010 2nd Avenue, Suite 400 San Diego, CA 92101 In preparing our documents for microfilming we discovered we have not yet received the executed agreement between the City of Chula Vista and the City of San Diego for the acquisition, installation and maintenance of metering devices to measure sewage flow at the "j" and "G" Street metering stations (Resolution 13180). The City Council approved this agreement at their meeting of August 4, 1987. Please check your files and if you have one original (or a copy of the e×ecuted agreement) send to our office as soon as possible. Thank you for your prompt attention to this matter. Alice Kemp City Clerk's Office /ak 276 FOURTH AVENUE,'CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 °IQ DIEGO EXECUTIVE COMPLEX · 1010 2ND AVENUE, SUITE 400 · SAN DIEGO, CA 92101 WATER UTILITIES DEPARTMENT February 8, 1988 Jennie M. Fulasz, CMC City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Dear Ms. Fulasz: Subject: Agreement Between the City of San Diego and the City of Chula Vista for the Acquisition, Installation, and Maintenance of Metering Devices to Measure Sewage Flow Enclosed is a fully executed duplicate original of the subject document. This was approved for execution by the San Diego City Council on January 4, 1988 pursuant to Resolution No. R-270035 and filed with the City Clerk as document No. RR-27035-5. CHARLES W. ~CK~~ Financial Services Supervisor jg Enclosure RESOLUTION NO. ~3~80 OFFICE OF THE CITY CLER ~ BAN DIEGO, CALIFORNIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR THE ACQUISITION, INSTALLATION AND MAINTENANCE OF METERING DEVICES TO MEASURE SEWAGE FLOW AT THE "J" AND "G" STREET METERING STATIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF SAN DIEGO, for the acquisition, installation and maintenance of meter- ing devices to measure sewage flow at the "J" and "G" Street metering stations dated the 4th day of August , 198 7, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by f Thomas Jo Harro~'ity J n P. L ~ orks/City Engineer Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 4th day of August 19., 87 , by the following vote, to--wit: AYES: Councilmen: Moore. Nader. McCandli,qR NAYES: Councilmen: None ABSTAIN: Ccxe~ilmen: None ABSENT: Councilmen; Cox, Malcolm HAYOR PRO TENPORE ATTEST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornia, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTZ0N N0. 13180 ,ond fhot the some hoe not been omended or repealed. DATIED~ CIIY OF CHULA VISTA CC-660- Mp'r AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE ACQUISITION, INSTALLATION AND MAINTENANCE OF METERING DEVICES TO MEASURE SEWAGE FLOW THIS AGREEMENT is made and entered into this 4th day of August, 1987, by and between The City of Chula Vista , herein referred to as "AGENCY" and the CITY OF SAN DIEGO, herein referred to as "SAN DIEGO." WITNESSETH WHEREAS, SAN DIEGO owns, maintains, repairs, manages, operates and controls facilities sometimes referred to herein as "The Metropolitan Sewerage System" or "The Metro System"; and WHEREAS, the Metro System which commenced operation in 1963, provides transmission, treatment and disposal of sewage to several cities and sanitation districts (sometimes referred to herein as "Participating Agencies") located within the County of San Diego, specifically including AGENCY under provisions of a Sewage Disposal Agreement of 1960 with Supplement thereto and as amended (sometimes referred to herein as "Sewage Disposal Agreement of 1960") between SAN DIEGO and AGENCY: and WHEREAS, to compensate SAN DIEGO for administration, maintenance and operation expenses (sometimes referred to herein as "M & O expenses"), of the Metre System so far as sewage treated and disposed of comes from AGENCY, in the Sewage Disposal Agreement of 1960, AGENCY has agreed to pay SAN DIEGO an amount equal to that proportion of the total M & 0 expenses which the actual amount of sewage received from AGENCY bears to the total actual quantity of sewage handled in The Metre System; and WHEREAS, according to the Sewage Disposal Agreement of 1960, measuring devices shall be installed at a point or points designated by SAN DIEGO in order to determine the amount of AGENCY'S use of The Metre System and installation of said metering devices shall be made at the sole cost and expense of AGENCY: and WHEREAS, AGENCY, select other Participating Agencies, and SAN DIEGO desire to provide a uniform type of metering installations to determine the volume of sewage discharged into the Metre System; and WHEREAS, AGENCY is willing to bear all initial and ongoing costs of such meter(s) installed to measure AGENCY'S use of The Metre System; and WHEREAS, SAN DIEGO is willing to have such meters procured, installed, operated and maintained; NOW THEREFORE, in consideration of the mutual covenants, promises, and conditions herein contained, it is agreed as follows: 3 1. Measuring devices shall be installed at a point or points mutually agreeable to SAN DIEGO and AGENCY in order to determine the amount of AGENCY'S use of The Metro System. 2. AGENCY shall provide, at a point or points mutually agreeable to SAN DIEGO and AGENCY, appropriate facilities to house such metering devices. 3. SAN DIEGO shall cause to be procured and installed, and operated and maintained in good working order two (2) meters satisfactory as to type and price toboth parties to this agreement. For purposes of this agreement, metering equipment shall include meters and associated telemetry, communication and central monitoring equipment as well easements for same. 4. The total cost to procure, install, operate, maintain, improve, and replace such meter(s) shall be at the sole expense of AGENCY as more fully set forth in Sections 5 and 6 of this agreement. i 5 Within a reasonable time after incurring costs for the initial acquisition and installation of said metering ~ stations, SAN DIEGO shall submit invoices to AGENCY which .~ shall tender payment thereof to SAN DIEGO within thirty (30) days. 6. SAN DIEGO shall keep proper records and accounts of all costs pertaining to the operation, maintenance, replacement and betterment of such metering devices. AGENCY shall periodically, but not more often than quarterly, reimburse SAN DIEGO for a proportionate amount of said costs within thirty (30) days of receipt of a written invoice from SAN DIEGO. AGENCY's proportionate share of costs shall be determined on the basis of the ratio that the number of AGENCY's metering devices bears to the total of such metering devices. 7. The number and location of such metering devices may be revised under terms of this agreement from time to time as system conditions dictate at the mutual agreement of SAN DIEGO and AGENCY. 8. SAN DIEGO shall read the meters and maintain records of such readings. Reports of meter readings shall be provided AGENCY on a regular basis but not less frequently than monthly. AGENCY shall have the right to access the meter(s) or the central monitoring equipment for the purpose of obtaining sewage flow data. AGENCY may request SAN DIEGO to confirm the accuracy of the meter(s). The accuracy of the meter shall be confirmed at least once each year. 9. AGENCY agrees to defend, indemnify, protect and hold SAN DIEGO and its agents, officers and employees harmless from and against any and all claims asserted to liability established for damages or injuries to any person or property, including injury to AGENCY's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of AGENCY, and its agents, officers or employees, in defending against same; provide, however, that AGENCY's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SAN DIEGO, its agents, officers or employees. 10. SAN DIEGO agrees to defend, indemnify, protect and hold AGENCY and its agents, officers and employees harmless from and against any and all claims asserted to liability established for damages or injuries to any person or property, including injury to SAN DIEGO's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of SAN DIEGO, and its agents, officers or employees, in defending against same; provided, however, that SAN DIEGO's duty to indemnify and hold harmless 6 shall not include any claims or liability arising from the established sole negligence or willful misconduct of AGENCY, its agents, officers or employees. I1. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other party, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phase or word, or the application thereof to either party or any other person or circumstance be held invalid. 12. IN WITNESS WHEREOF, this agreement is executed by SAN to Resolution authorizing such execution, as authorized by ~ - to be in full force and effect as of the date first 7 hereinafter written, and to remain in full force and effect so long as the aforementioned Sewage Disposal Agreement of 1960 remains in effect between SAN DIEGO and AGENCY for transmission, treatment and disposal of AGENCY's sewage by SAN DIEGO through The Metro System, or until such time as this agreement is cancelled by mutual written consent. Dated this ~/ day of ~ , 19J THE CITY OF SAN DIEGO Assistant to the City Manager (AGENCY) By: (Title) I HEREBY APPROVE the form and legality of the foregoing agreement this ~ day of ~, 198~. JOHN W. WITT, City Attorney By: ~~ Ted Bromfield Chief Deputy City Attorney Dated this 12th day of August , 1987. THE CITY OF CHULA VISTA Mayo City of Chula Vista I HEREBY APPROVE the form and legality of the foregoing agreement this ~{ day of ~9~/ , 1987. (R-88-1178) RESOLUTION NUMBER R- Z7~}2~ ADOPTED ON JAN 4 ~9~ BE IT RESOLVED, by the Council of The City of San Diego, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, an agreement with THE CITY OF IMPERIAL BEACH, for the acquisition, installation and maintenance of metering devices to measure sewage flow, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document No. RR- 27{)025 '/ BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, an agreement with THE CITY OF CORONADO, for the acquisition, installation and maintenance of metering devices to measure sewage flow, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document No. RR- 2700 $ BE IT FURTHER RESOLVED, that the City Manager he and he is hereby authorized and empowered to execute, for and on behalf of said City, an agreement with THE CITY OF NATIONAL CITY, for the acquisition, installation and maintenance of metering devices to measure sewage flow, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document BE IT FURTHER RESOLVED, that the City Manager be and he is lhereby authorized and empowered to execute, for and on behalf of -PAGE 1 OF 2- said City, an agreement with THE CITY OF LA MESA, for the acquisition, installation and maintenance of metering devices to measure sewage flow, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document NO. RR- 2~00~5. --~ BE IT FURTHER RESOLVED, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, an agreement with THE CITY OF CHULA VISTA, for the acquisition, installation and maintenance of metering devices to measure sewage flow, under the terms and conditions set forth in the Agreement on file in the office of the City Clerk as Document APPROVED: John W. Witt, City Attorney TB:js:456 11/25/87 Or.Dept:W.Util. R-88-1178 Form=r.auagr -PAGE 2 OF 2- Passed and adopted by the Council of 1he City of San Diego on JAN 4= 1988 by the fo:U,~g ,=t~: - !fT~A.S: Wolfsheimer, Roberts, McColl, Pratt, Henderson, McCarty, Filner, O'Connor. NAYS: None. NOT pRES~VT: Struiksma. AUIHEqTIC21'LD BY: ~LPa~N 0 ' CC~<OR Mayor of The City Of San Diego, California CB_'~T,~IS G. ABDELNGjR City Clezk o£' ~l~e C~t7 oF Sa~ C~igo/Ca! iZ~T~a By JUNE A. BLACKNELL I 5Y CERTIFY that the abov~ and foregoing is a ~Lll, true ~Lnd correct copy of RESOLUTICXN NO. R- 270();),5 .Dessad and adcpted by the Council of ~he City of San Eeigo, CaliforrLia, on JAN 4 19BB Ci~ART,F~q G. ~DLNOUR City Clerk of 1"he City of San Eeigo, Califo_nmia Bey. 7-86 SAN DIEGO 5 THE CITY OF :.'' EXECUTIVE COMPLEX · 1010 2ND AVENUE, SUITE400 · SANDIEGO, CX92~'01~ 'J~ ,!~;]/': WATER UTILITIES May 28, 1987 DEPARTMENT TO: San Diego Metropolitan Sewer System Participating Agencies SUBJECT: Sewer Flow Metering Agreements Enclosed is the final form of the agreement for the acquisition, installation and maintenance of sewage metering devices. This has been developed and modified pursuant to the comments and suggestions of the Metro Subcommittee members. Please add your agency's name and the number of meters required to the appropriate spaces in the text of the agreement document. Four (4) copies with original signatures should be sent to the City (a fully executed duplicate original will be returned from your records). When the City has received the executed copies from all interested Metro Agencies they will be presented to the San Diego City Council for approval. It is anticipated that it will take approximately 60 days for the meters to be installed and operational once the agreements are fully approved. Current estimates are that each metering device will cost approximately $18,000. This does not include equipment and software licensing for Agencies to remotely access the meter data. At present the estimate for this is $5,000 per setup. We are attempting to negotiate a more favorabe bulk rate for all agencies. Maintenance is anticipated to cost approximately $3,000 annually per meter after a 1 year warranty period has expired. Please let us know if you should have any questions. Charles Yackly (696-3454) or Roy Coox (696-3453) should be contacted. R~GRAC.~F~ Deputy Water Utilities Director, Engineering Division CY/mam Enclosures cc: Water Utilities Director Assistant Water Utilities Director' Deputy Water Utilities Directors Financial Services Supervisor Management Information Systems Coordinator