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HomeMy WebLinkAbout1978-11-21; City Council; Resolution 56121 i 3; 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTIO~~ No. 561 2 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AI4D THE CITY OF SAN MARCOS , CALIFORNIA FOR STREET SWEEPING SERVICES AND AUTHORIZI WG THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as fol lows: 1. That an agreement between the City of Carlsbad, California and the City of San Marcos, California for street sweeping services, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, 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 City Council of the City of Carlsbad, California, held on the21st day of November , 1978 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki , Anear, Lewis and NOES: None ABSENT: None Counci 1 woman Cas1 er ATTEST: (SEAL) h I '/ d I * 1 I t r t I 1( 11 12 1; 14 1: 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 0 AGREENENT FOR THE?ROVISION OF STREET SNEEPING SERVICES This agreement entered into this day of 1978 ly and between the City of Carlsbad, a municipal corporation of the State of. a1 ifornia, hereinafter referred to as "CARLSDAD" and the City of San rlarcos, municipal corporation of the State of California, hereinafter referred to s "SAN MARCOS", WTNESSETH: WHEFEAS, "Jrlsbad is engaged in various street maintenance programs ncludiiig street sweeping to promote the safety, health and general welfare f it's citizens and; IIHEREAS, Carl sbad maintains personnel and equipment for the purpose f sweeping it's streets and; \II{EREAS, it is deemed appropriate to reduce the street sweeping fforts in Carlsbad to affect certain budgetary cost reductions and; WHEREAS, Vista has need for street sweeping service to promote he safety, health and general welfare of it's citizens; x XX !4ON, THEREFORE, IT IS AGREED as follows: SECTION 1: DUTIES OF CARLSBAD: Carlsbad will carry out a program of street sweeping for San Marcos as follows: A. hours per week as scheduled to the mutual satisfaction of the Director of Utilities & Maintenance of Carlsbad and the City Engineer of San Narcos. is provided on the basis of availability of equipment and operator and during periods of weather considered appropriate for sweeping. 6. lubricants necessary to operation of the sweeper. C. rendered. Provide a street sweeper and operator to Sail Marcos for ten (10) Such service as performed by Carlsbad Naintain sweeper and provide for all petroleum, oils and Submit a bill to San flarcos on a quarterly basis for services j 4. 1 .. : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 2: DUTIES OF SAN'HARCOS: A. to include route scheduling, public information and respond to Provide general supervision and support to sweeper and operator citizen complaints. B. SECTION 3. PAYMENT: Payment to Carlsbad at $21.50 per hour portal-to-portal from Carlsbad's service yard. Down time due to mechanical breakdown or inclement weather will not be charged. Rate may be renogiated at any time at the request of either party. SECTION 4. TERI!: This agreement shall be effective upon the date of execution of this agreement by the Mayor of Carlsbad. It shall Provide water for sweeper as required and dispose of sweepings. terminate on December 31, 1979. During said term, this agreement may be terninated at any tine upon thirty days witten notice by either party. SECTION 5. ItlSURAIXE: - San Elarcos shall provide public liability and property damage insurance in the amount of $1,000,000 wherein Carlsbad is named as an insured against any and all claims, demands, obligations, liabilities, cause or causes of action by reason of any act or onission by or on behalf of Carlsbad, it's employees, whether negligent, intentional or otherwise arising out of or in any way connected totiiis agreement or the performance thereof.. SECTION 6. f!OLD IiP.RMLESS AGREEMEilT: Carlsbad, it's offices and employees shall not be liable for any claims, liabilities, penalties or fines or any damage to goods, properties or affects of any person whatever, or personal injuries to or death of them caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Carlsbad, it's offices or employees. San Marcos further agrees to idemnify and save free and harmless Carlsbad and it's authorized officers and employees, against any of the foregoing liabilities and clairns thereof, and any cost and expense that is incurred by the City on account of any claim thereof. -2- i 'i 3.1 1: 1; 1; 11 l! 1f 1' lt 1: 2( 21 2: 2: 24 25 26 27 28 29 30 31 32 SECTION 7. NOTICES: A11 notices required herein shall be in writi'ng and delivered in person or sent by mail. Notices to Carlsbad shall be addressed: City Planager, 1200 Elm Avenue, Carlsbad, California 92008. addressed: California 92069. Notices to San Marcos shall be City Manager, 105 IJ. Richmar Avenue, San tlarcos, IN klITHESS WHEREOF, the parties hereto have executed this igreement on this day and year first above written. / CITY OF CARLSBAD, A municipal Corporation of the State of CITY OF SAN E.IAP,COS, A municipal Corporation of the State of Ca 1 i forn i a. AI1DREl.I 6. FIAPEPIGO , Mayor - 3-