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Home My WebLink AboutReso 1971-6035 Form No. 342 Rev, 11~-69 RESOLUTION NO. 6035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT FOR APPLICATION TO OBTAIN HUD FUNDS FOR DRAINAGE PURPOSES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does he.:reby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT for application to obtain HUD funds for drainage purposes dated the 20th day of April is attached hereto and incorporated herein, set forth herein be, and the same is hereby , 1971 , a copy of which the same as though fully 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 ,,;,~~ ~ole, D~rector Works Approved as to form by of Publ~c ./~, ' George lY/ L~ndberg, C~ ty ~ . ;,;:v' Attor~ ADOPTED AND APPROVED VISTA, CALIFORNIA, this 20th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of April , 19l.L' by the AYES: Councilmen Scott. Hobe1. Hamilton. Hvde. Egdah1 NAYES: Councilmen None ABSENT: Councilmen None ATTE'TL?1l-?~~ CT. Ci ty Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) ~~~ta , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED City Clerk ,..0 .(!'- ___/jn / ~,1/,-I:::_-,U. I_)..-'-";"~j. .'.t-' ,-,' (J U COUNTY CONTRACT NO. 5875-2804(2)R COOPERATIVE AGREEMENT BETWEEN THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 20th day of April ,.1971 , by and between the SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as IlDistrict", and the CITY OF CHULA VISTA, hereinafter referred to as "Cityll, is made pur- suant to authority of Chapter 5, Article 1, of the California Government Code (Joint Powers Agreement) . W I T.N E SSE T H : WHEREAS, the San Diego County Flood Control District has filed a preliminary application with the United States Government, Department of Housing and Urban Development, hereinafter referred to as HUD, for a grant under the Basic Water and Sewer Facilities Program, Public Law 89-117, to assist in the construction of storm drain facilities in the South Bay area of San Diego County, hereinafter referred to as IIprojectl1. WHEREAS, a portion of the proposed facilities are located in the City of Chula Vista, and WHEREAS, approval of the City of Chula Vista to the filing of the said preliminary application is contained in the letter from the Director of Public Works of the City of Chula Vista dated February 11, 1970, and WHEREAS, at its meeting of September 22, 1970 (Item 4), the Board of Directors of District authorized the Public Works Administrator to sign the preliminary application to HUD and secure the necessary clearances from the County.Comprehensive Planning Organization and the ,State Office of Intergovernmental Management prior to filing the applica- tion with HUD, and WHEREAS, HUD representatives have completed their preliminary review of the Project and. have invited the District to file a final grant application not later than April 26, 1971, and WHEREAS, it is the purpose of this agreement to set forth the terms and conditions under which and the manner in which the District will arrange for the final design and construction of Project and the manner in which the City intends to participate with District in costs incurred by District in designing and constructing the portion of Project located wi thin the City. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. DEFINITIONS: Whenever the following words are used in this agreement, they shall be defined as follows: (a) IIprojectll shall mean the storm drain project in San Diego County for the. design and construction of storm drain facilities known as the South Bay Storm Drain. Project with boundaries as indicated on the attached map marked Exhibi t II A II, at a total es timated cos t of $3,300,000, the City's portion being estimated at $175,000. (b) I1Rights-of-Way" shall mean lands and rights and interests in lands upon which the storm drain facilities are to be located. -1- j?o, (, {}] S' 2~ District will arrange for the design and construction of the entire Project, and acquisition of right-of-way for that port"ion lying within the boundaries of Zones 3 and 4 of District. 3. City will acquire the rights-of-way for that portion of the Project lying within the boundaries of City, and certify them to District for purposes of its construction contract; however, City will retain title to said rights-of-way and maintain the storm drain facilities constructed in City under this Project~ 4. City will design and complete working drawings for all drainage facilities to be constructed within the City~ District will include this work in advertising for bids. Inspection of work within the City will be done by City personnel. 5. District will handle all HUD grant funds and keep complete and accurate records of expenditures made for design and construction~ 6. City agrees to pay to Distric"t the prorated cost of administration of the portion of the Project in the City, less the prorated HUD grant applicable to the administrative costs. City will make progress payments as construction p~ogresses when billed by the District. Each payment, less the prorated HUD grant which is applicable is due from the City to the District upon receipt by the City of such bill. 7. It is understood and agreed that the obligations of City as set forth herein are conditioned and limited by the fulfillment of financial capabilities of District and the appropriation of necessary funds by the City Council of the City of Chula Vista in fiscal year 1971-72. 8. In addition to all other covenants and conditions to be kept and performed by District and City, as set forth herein, it is understood and agreed as follows: (a) That 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 City under or in connection with "any work, authority or jurisdiction delegated to City under this Agreement. It is also understood and agreed that, pur- ~suant to Government Code Section 895.4, City shall fully 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 City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement~ (b) That neither City nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done py District under or in connection with any work, authority or juris- diction not delegated to City under this Agreement.. It is also understood and agreed that, pursuant to Government Code Section 895.4, District shall fully indemnify and hold City 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 or in connection with any work, authority or juris- diction not delegated to City under this Agreement. -2- pf'.5. &0.15 .9. All notices or other communications to either party by the other shall be deemed given when made in writing and deposited in the United States Post Office, addressed as follows: DISTRICT: Mr. C. J. Houson, Chief .Engineer San Diego County Flood Control District 5555 Overland Avenue San Diego, California 92123 CITY: Mr. Lane F. Cole, Director of Public Works City of Chula vista 276 Fourth Avenue Chula Vista, California 92010 10. This agreement shall be for a term commencing on the 20th day of April, 1971, and ending upon completion of Project and its acceptance by District and City, but not later than June 30, 1974. 11. This agreement may be amended or cancelled by mutual con- sent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first hereinabove set forth. DIEGO COUNTY FLOOD CONTROL THE CITY OF CHULA VISTA ~H1IL.~ Board of Directors Mayor of the City of Chula Vi ta .. IT: . j;->>/2a~~juJ 'Clerk of the. Board. of D1.rectors San Diego County Flood Control District ATTEST: Q/ /Y1/JU~-' ~J l ;Zu /A--/ ' ~tY-Clerk Approved as to form by "APPROVEi> BY THE DISTRICT. BOARD OF DIR.ECTORS ~ '~(/7 .:c1 ~ ' MAY - 4 1911 ::tis ;t~.J~ PP;R::;VE~ ..o..s TO FORM: . i.:: -::.'1 (;. ~':::;::.;:::y :~- G -,...1 f?tMA(!-ttJWd4df CLERKOFTHEDISTllICTaOARDOfOIRECTORS L. L' r.> . ...."" .' J 4P ~>.. " . C':~Jjty -3- ~2)W35