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Home My WebLink About1981-01-06; City Council; Resolution 64004 < . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 RESOLUTION NO. 6400 1 RESOLUTION OF THE CITY COUNCIL OF THE A CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD 2 AINTENANCE SERVICES. ~ND THE COUNTY OF SAN DIEGO FOR STREET I WHEREAS, the C~ity Council of the City of Carlsbad, California does hereby resolve as follows:~ I 1. That an ag~reement between the City of Carlsbad and the County of San Diego for the provilsion of routine street maintenance services, a copy of dhich is attached hereto marked "Exhibit approved. and made a part hereof, is hereby 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the' 6th day of Januarv , 1981, by the following vote, to wit: I I I AYES: NOES: None ABSENT: Couhcil Member Packard Council Members Casler, Anear, Lewis and Kulchin I MARY H. thSLER, Vice-Mayor ATTEST : I (SEAL 1 ~ EXHIBIT B ish and supply all necessary personnel, supervision, iment , supplies , services , and other general functions , 8 AG SAN THIS AGREEMENT exe by and between the CITY the City, and the COUNTY Cal i f orni a, hereinafter WHEREAS, the Count of street maintenance fo areas within or are cont attached hereto; and WHEREAS, the City the terms and conditions NOW, THEREFORE, IT as follows: 1. The City shall con those roads listed as if said streets Appendix A hereto I mental agreement e the Director of Pu . 2. The City shall fur machinery and equi subject to the ava EEMENT BETWEEN THE COUNTY OF IEGO AND THE CITY OF CARLSBAD FOR STREET MAINTENANCE uted this day of > 19 Y F CARLSBAD, a municipal corporation, hereinafter called OF SAN DIEGO, a political subdivision of the State of alled County. WITNESSETH: desires to contract with the City for the performance portions of County roads which 'traverse incorporated guous to the City boundaries as listed in Appendix A s agreeable to rendering such services according to hereinafter set foi-th. IS MUTUALLY AGREED by and between the City and County uct routine maintenance of those County portions of in Appendix A and as shown on the map attached hereto, were within the incorporated area of the City. ay be amended from time to time as necessary by Supple- ecuted by the City Manager on behalf of the City and lic Works, on behalf of the County. 1 a bi 1 i ty the reof. County . 4. Scope of hlork 1 A. Routine maintqnance shall consist of shoulder griiding, sidewalk repair, culver/t maintenance, tree maintenance, pothole patching, street sweepin(g, signs, pavement markings, dead animal removal and other activitibs as defined by the Utili ties & Maintenance Manager of the City. ~ I . B. Special maintenance shall consist of improvement of the existing surface by appllication of seal coats of emulsion or liquid asphalts, scarifying and' laying adequate base to be surfaced with road oil mix, I the addition 0% recap surfacing with road oil mix or plant mix, asphalt concrete, major repairs to structures, and other activities as defined ~ by the County Director of Public Morks. 5. No employee of the~City performing services for the County under this Agreement shall ackuire or have any County retirement, civil service or other status or ribht. Every-officer or employee of the City performing services for the Cbunty under this Agreement shall be deemed to be an officer or employee of the County while performing such services. I 6. The County shall nht be required to assume any liability for direct pay- ment of any salary, wages, other compensation, compensation or indemnity I for injury or sickdess arising out of his employment, or other liability other than that prdvided for in this Agreement to any City personnel performing services hereunder for the County. I I -2- 0 0 7. A. The City, its'agents, officers and employees shall not be held liable for any claims, lilabilities, penalties, fines or for damage to any goods, J properties or effdcts of any person whatsoever, nor for personal injuries to or deaths of them,or any of them caused by or resulting from any acts or omission of County, its agents, employees or representatives; County further agrees to iindemnify and save free and harmless the City and its authori zed agents 4 off i cers and employees against any of the foregoing I I liabilities and any cost and expense, including reasonable attorney's 'fees incurred by dhe City on account of any claim therefor, including claims by reason of alleged defects in the maintenance services, or any other work or serv'ices done or provided to City by County pursuant to this Agreement; and in the event that a court of competent jurisdiction should I '. I determine that the^ County has no authority to provide by agreement the performances of thb hereinabove set forth services , County nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that County agrees to indemnify and to save the City harmless from all claims arising by reason o'f'the work done by, or any act or omission ofl, the County,or its agents, employees or representatives, in connection with1 or in performance of the agreed upon services or work provided for in this Agreement. I B. for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of them,or any of them, caused by or resulting from anylacts or omission of City, or its agents, employees or The County, its agents, officers and employees shall not be held liable I . representatives; City further agrees to indemnify and save free and harm- less the County and its authorized agents, officers and employees against any of the foregoing liabilities and ahy cost and expense including I reasonable attornej's fees incurred by the County on account of any clqim ~ therefor, including save the County harmless from all claims arising by reason of the work done by, or act or omissjon of, the City or its agents, employees, or represen- tatives in connectidn with or in performance of the.services or work provided for in this Agreement. .. I- I claims by reason of alleged defects in the maintenance C. The City, its dfficers 1 i ab i 1 i ty for ' any dJf.ec t i ve %I nevertheless agrees and employees shall not be deemed to assume any or dangerous condition of the roads or property to assume the foregoing obligations and liabilities by of the County, excedt such defective or dangerous condition caused by an. act of services for the , County pursuant to this Agreement, and the County shall of all caused actual arisen ny such damages or injuries, except damage or injuries omission of the City, its officers and employees in the I.. the County pursuant to' this Agreement, alleged to have out of the us(e of said County roads. I I 8. The County shall pay, the entire cost to the City of performing each and -4- A. B. C. 9. 10. .. e all services and on the following tions under this Agreement, said costs to be computed For equipment, ab. the rates set forth in the latest issue of the document .. (as may be revis'd from time to time during the term of this Agreement) on file in the office of the County Department of Public Norks entitled, "Report No. EQ60!0 - San Di ego County Community Services Agency, Equi pmnt Rental Rates". The rates for equipment shall be redetermined from time to time in accorgance with exi sting County cost i nformati on and procedures. f I I For personnel, at the rates set forth in the 'latest issue of the document (as may be revised from time to time during the term of this Agreement) filed in the Citd's office of the Director of Personnel entitled "Miscel- 1 an eoii s Emp 1 oyeesi S a 1 a ry Sche du 1 e" . I For overhead and /for material, at the actual cost thereof as determined by the City Uti'lfties & Maintenance Manager. shall be redetermlined from time to time in accordance with existing City The rates for personnel I cost information bnd procedures. I The City will mail tain work records , i teniized in accordance with its accounting practibe, of all expenditures and costs for performing services r and functions und'r this Agreement. presented monthly/to the County, which$becomes due and payable by the A statement of cost incurred will be r County upon receibt. The term of this hgreement shall be indefinite but may be terminated by either the County~ or the City, by giving ninety (90) days written notice of intention therkof. ~ I I ~ I I IN WITNESS WHEREOP, this Agreement is executed by the CITY OF CARLSBAD under and pursuant to airesolution adopted by the City Council and by the COUNTY I -5- I OF SAN DIEGO by action ATTEST: RECOMMENDED : APPROVED AS TO FORM: COUNTY COUNSEL BY VINCENT ..fT F. BIONDO, ,J CITY ATTORNEY .. 1 f the Board of Supervisors. CITY OF CARLSBAD COUNTY OF SAN DIEGO BY Chairman , Board of Supervi sors &,,'ASS I STANT -6- , ~ APPENDIX A TO RGREEMENT BETWEEN THE COUNTY OF I FOR STREET MAINTENANCE 1 SAIN DIEGO AND THE CITY OF CARLSBAD I 1. 'El Camino Real frov Highway 78 to Olivenhain Road. 2. Palomar Airport Road from 1-5 to Linda Vista Drive. 3; Olivenhain Road frbm El Camino Real to Rancho Santa Fe Road. ~ I .. a L- I OAK k LAKE GUA HEDIONDA AGOON \ SWJRES DAM 'I I.. 9 I I 1 1 1 It---- - I