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HomeMy WebLinkAbout1978-11-21; City Council; Resolution 5613t i 1 6 i 2 9 4 E c ‘i E S IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 5 6 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA, CALIFORNIA FOR STREET SWEEPING SERVICES AND AUTHORIZING THE NAYOR TO EXECUTE SA ID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby peso1 ve as fol lows: 1. That an agreement between the City of Carlsbad, California and the City of Vista, 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 louncil of the City of Carlsbad, California, held on the 21st day of November , 1978 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and HOES: None Co unc i 1 woman Ca sl e r ATTEST : A- 1 SEAL) 3 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AGREEIIEIiT FOR it4 -a \OVISIOII OF STREET S!IEEPING SERVICES This agreement entered into this day of 1978 y and between the City of Carlsbad, a municipal corporation of the State of, alifornia, hereinafter referred to as "CARLSBAD" and the City of Vista, a iunicipal corporation of the State of California, hereinafter referred to as VISTA" , IIITNESSETH : IIHEREAS, Carlsbad is engaged in various street maintenance progranis ncluding street sweeping to promote the safety, health and general welfare f it's citizens and; !!HEREAS, Carlsbad maintains personnel and equipment for the purpose f sweeping i t ' s streets and; \!HEREAS, it is deemed appropriate to reduce the street sweeping fforts in Carlsbad to affect certa'in budgetary cost reductions and; WtiEREAS, Vista has need for street sweeping service to pronote he safety, tiealth and general welfare cf it's citizens; NOLI, TttEREFORE, IT IS AGREED as follow: SECT1011 1: DUTIES OF CARLSBAD: Carlsbad will carry out a program of street sweeping for Vista as follows: A. Provide a street sweeper and operator to Vista for ten (10) hours per week as scheduled to the mutual satisfaction of the - Director of Uti1 ities & Haintenance of Carlsbad and the Public Eorks Director of Vista. is provided on tile basis of availability of equipment and operator and during periods of weather considered appropriate for sweeping. U. Maintain sweeper and provide for a71 petroleun, oils atid lubricants necessary to operation of the sweeper. C. rendered. Such service as performed by Carlsbad Submit a bill-to Vista on a quarterly basis for services X xx X x 1 2 3 4 5 6 7 a 9 10 II 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 VISTA: A. Provide general supervis on and support to sweeper and operator to include route scheduling, public information and respond to citizen complaints. B. SECTION 3: PAYMENT: Pa-ment to Carlsbad at $21.50 per hour portal-to-portal from Carlsbad's service yard. Down time due to mechanical breakdown or inclenent weather will not be charged. Rate may be renogiated at any time at the request of either party. SECTION 4: - TERM: This agreement shall be effective upon the date of execution of this agreement by the Mayor of Carlsbad. It shall terminate on December 31, 1979. During said tern, this agreement may be terminated at any tine upon thirty days written notice by either party. SECTION 5. INSURANCE: Vista 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 omission by or on behalf of Carlsbad, it's employees, whether negligent, intentional or otherwise arising out of or in any way connected to this agreement or the performance thereof: Provide water for sweeper as required and dispose of sweepings. SECTION 6. HOLD HARMLESS AGREEI'IENT: 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. Vista further agrees to idelnnify and save free and harmless Carlsbad and it's authorized officers and employees, against any of the foregoinq liabilities and claims thereof, and any cost and expense that is incurred by the City on account of any claim thereof. -2- 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 7. NOTICES: All notices required herein shall be in writing and delivered in berson or sent by mail. Notices to Carlsbad shall be addressed: Carlsbad, California 92008. addressed: City Manager, 1200 Elm Avenue, Notices to Vista shall be City Manager, 200 \I. Broadway, P.O. Box 188, Vista, California 92023. IN NITNESS lJtlEREOF, the parties hereto have executed this greement on this day and year first above written. CITY OF CARLSBAD, A municipal Corporation of the State-of CITY OF VISTA, A municipal Corporation of the State of Cal i forni a. Mayor - 3-