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HomeMy WebLinkAbout1981-01-06; City Council; 6474; Agreement - Maintenance ECR, PAR & Olivenhaini- rrh( ' CITY OF CARLSBAD * -- ' AGENDA BILL NO. 6 7 DATE : Januwv' 6. 1981 Initial:. C. Atty. v- Dept . €Id &* Utilities & Maintenance C. .Mgr. DEPARTMENT: .,, ,. . ,. ................. Subject: AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COUNTY OF SAN DIEGO FOR ROUTINE MAINTENANCE OF UNINCORPORATED. SECTIONS OF EL CAMINO REAL , PALOMAR AIRPORT ROAD AND OLIVENHAIN ROAD: * Statement' of the Matter Certain portions of El Camino Real, Palomar Airport Road,and Olivenhain Road are maintained by the county but are nominally considered to be in the Carlsbad city limits - as an example, El Camino Real changes jurisdiction seven times in the reach from Highway 78 to Olivenhain Road. maintenance, problems relating to citizen complaints of non-response to their concerns, etc. It is proposed that the city assume responsibility for routine maintenance (sweeping, striping, signing, pot hole patching, dead animal removal and storm drain . maintenance) on these sections of road. The county would retain responsibility for major maintenance and reconstruction. The mileage of the county portion of these ,roads is about 7.2 miles. . Current routine maintenance costs are approximately $3,500 per mile, or the cost of maintenance of the tatal length is about $25,000. The County of San Diego will reimburse the city for routine maintenance services. proposed agreement-has been staffed with the San Diego County.Department of Trans po rta t i on. This circumstance leads to various levels of The .. Fiscal Impact . .. .. Costs of maintaining -the 7.2 miles of county road specified in the agreement will be approximately $25,000. .These costs will be reimbursed to the city. by the county.. . Exhibits A. Resolution No. bq00 B. Agreement between the City of Carl.sbad and the County of San Diego. Recommendation . . e. That.Counci1 approve the agreement with the County of San Diego., and adopt Resolution 6400. ! C.ounci1 Ac8Pon:I 1/6/81 cbuncil adopted Resolution No. 6400, approving the .. agreement with the County of San Diego. .\ .a .I . I. 1 2 ?I 4 fi .u e 9 E 9 1c 11 12 13 14 15 16 . 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6400 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR STREET MAINTENANCE SERVICES. WHEREAS, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and the County of San Diego for the provision of routine street maintenance services, a copy of which is attached hereto marked "Exhibit El" and made a part hereof, is hereby. approved. 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 Counci 1 held on the 6th day of ~anuarv, 1981, by the following vote, to wit: AYES: Council Members Casler, Anear, Lewis and Kulchin NOES: None /USENT: Counc i 1 Member Pac kard RONALD C./PACKARD, Mayor MARY H. C'ASLER, Vice-Mayor ATTEST: (SEAL) EXHIBIT B AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR STREET MAINTENANCE THIS AGREEMENT executed this day of 9 19 9 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter called the City, and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called County. WITNESSETH : WHEREAS, the County desires to contract with the City for the perfopance of street maintenance for portions of County roads which 'traverse incorporated areas within or are contiguous to the City boundaries as listed in Appendix A attached hereto; and WHEREAS, the City is agreeable to rendering such services according to the terms and condi ti ons hereinafter set fc;*th. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City and County as follows: 1. The City shall conduct routine maintenance of those County portions of those roads listed in Appendix A and as shown on the map attached hereto, as if said streets were within the incorporated area of the City. Appendix A hereto may be amended from time to time as necessary by Supple- mental agreement executed by the City Manager on behalf of the City and the Director of Public Works, on behalf of the County. 2. The City shall furnish and supply all necessary personnel, supervision, # rnachi nery and equipment, suppl ies , servi ces , and other general functions , subject to the availability thereof. 3. Services other than routine street maintenance shall be performed by County . 4. Scope of Work A. Routine maintenance shall consist of shoulder grading, sidewalk repair, culvert maintenance, tree maintenance, pothole patching, street sweeping, signs, pavement markings, dead animal removal and other activities as defined by the Utilities & Maintenance Manager of the City. . B. Special maintenance shall consist of improvement of the existing surface by application of seal coats of emulsion or liquid asphalts, scarifying and laying adequate base to be surfaced with road oil mix, the addition of 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 Works. 5. No employee of the City performing services for the County under this Agreement shall acquire or have any County retirement, civil service or other status or right. services for the County under this Agreement shall be deemed to be an offi cer or employee of the County whi 1 e performing such services. Every officer or employee of the City performing 6. The County shall not be required to assume any liability for direct pay- ment of any salary, wages, other compensation, compensation or indemnity for injury or sickness arising out of his employment, or other liability other than that provided for in this Agreement to any City personnel performing services hereunder for the County. -2- “.‘+a# 7- PT .. 7. A. The City, its agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or 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 any acts or omission of County, its agents, employees or representatives; County further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorney‘s fees incurred by the City on account of any claim therefor, including claims by reason of alleged defects in the maintenance services, or any other work or services done or provided to City by County pursuant to this . Agreement; and in the event that a court of competent jurisdiction should determine that the County has no authority to provide by agreement the performances of the 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 of, the County,or its agents, employees or representatives, in connection with or in performance of the agreed upon services or work provided for in this Agreement. 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 The County, its agents, officers and employees shall not be held liable ’ resulting from any acts or omission of city, or its agents, employees or 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 1 i abi 1 i ti es and ahy .cost and expense i ncl udi ng reasonable attorney’s fees incurred by the County on account of any claim -3- . 8. therefor, i ncl udi ng cl aims by reason of a1 1 eged defects . i n the mai ntenance services, or any other work or services done or provided to County by City pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that the City has no authority to provide by .. agreement the performances of the hereinabove set forth services, City nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that City agrees to indemnify and to save the County harmless from all claims arising by reason of the work done by, or act or omission of, the City or its agents, employees, or represen- tatives in connection with or in performance of the services or work provided for in this Agreement. C. The City, its officers and employees shall not be deemed to assume any liability for any defective or dangerous condition of the roads or property of the County, except such defective or dangerous condition caused by an act or omission of the City, its officers and employees in the actual performance of services for the County pursuant to this Agreement, and the County shall * hold the City and its officers and employees thereof harmless against any claim for damages resulting therefrom, No provision of the Agreement shall be construed so as to relieve the County from any liability imposed by law upon it arising from any such defective or dangerous condition of its streets or’property, and the County shall protect and save the City, its officers and employees, harmless from all claims, damages, and costs, and assume the defense of all actions for any such damages or injuries, except damage or injuries caused by an act or omission of the City, its officers and eraployees in the actual performance for the County pursuant to’ this Agreement, alleged to have .. arisen out of the use of said County roads. The County shall pay the entire cost to the City of performing each and -- -h, e; all services and functions under this Agreement, said costs to be computed on the following basis: A. For equipment, 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) on file in the office of the County Department of Public Works entitled, "Report No. EQ6090 - San Diego County Community Services Agency, Equipment Rental Rates". The rates for equipment shall be redetermined from time to time in accordance with existing County cost information and procedures. B. . 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 City's office of the Director of Personnel entitled "Miscel- laneous Employees Salary Schedule". C. For overhead and for material, at the actual cost thereof as determined by the City Uti'lities & Maintenance Manager. The rates for personnel shall be redetermined from time to time in accordance with existing City cost information and procedures. : 9. The City w ' accounting 11 mainta n work records, itemized in accordance with its practice , of a1 1 qxpendi tures and costs for performing servi ces and functions under this Agreement. presented monthly to the County, which,becornes due and payable by the County upon receipt. A statement of cost incurred will be 10. The term of this Agreement shall be indefinite but may be terminated by either the County or the City, by giving ninety (90) days written notice of intention thereof. # IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD under and pursuant to a resolution adopted by the City Council and by the COUNTY -5- .. OF SAN DIEGO by action of the Board of Supervisors. CITY OF CARLSBAD ATTEST : COUNTY OF SAN DIEGO BY Chai man, Board of Supervisors RECOMMENDED: APPROVED AS TO FORM: COUNTY COUNSEL BY /“cl VINCENT’ F . BIONDO, ,JR. , CITY ATTORNEY -6- k APPENDIX A TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR STREET MAINTENANCE 1. 'El Camino Real from Highway 78 to Olivenhain Road. 2. Palomar Airport Road from 1-5 to Linda Vista Drive. ' 3: Olivenhain Road from El Camino Real to Rancho Santa Fe Road. ..