Loading...
HomeMy WebLinkAboutC-1934 - Road maintenance work in County triangle island - Newport-Mesa areaAGREEMENT FOR ROAD MAINTENANCE SERVICES This Agreement made and entered into the day of 1977, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "City ", and the COUNTY OF ORANGE,.hereinafter referred to as "County ". W I T N E S S E T H: RECITALS WHEREAS, the Board of Supervisors of COUNTY, as authorized by Section 1710 of the Streets and Highways Code, desires to have CITY maintain portions of certain roads in unincorporated territory of the County of Orange; and WHEREAS, CITY is willing and ready to render to COUNTY, upon written request of COUNTY, any and all maintenance services normally provided by CITY upon its own streets; and WHEREAS, it is intended that work to be performed e by CITY under this Agreement be confined to those roads within the sphere of influence of CITY, as established by the Local Agency Formation Commission. NOW, THEREFORE, it is mutually agreed as follows: A. COUNTY shall: (1) Request, in writing, CITY to perform such specific services as COUNTY desires among those services CITY normally provides upon its own streets. (2) Reimburse CITY for costs of services as set forth in Paragraph B (2) hereinbelow. .x (3) Perform any design, engineering or surveying required for the performance of work covered by this Agreement. (4) Not assume any liability for the direct payment of any .salary, wage, or other compensation to any CITY personnel performing services under this Agreement, nor be liable for compensation or indemnity to any CITY employee for injury or sickness arising out of his employment. (5) Be under no obligation to request all or any specific amount of the services covered by this Agreement. B. CITY shall: (1) Perform work as requested in writing by COUNTY. In an emergency, as determined by COUNTY's Director, Environ- mental Management Agency, or his designated representative, CITY may proceed to perform work based on an oral request, such request to be confirmed in writing as soon thereafter as feasible. 1(2) Maintain reasonably itemized job records for each job done and services performed for COUNTY. Such records shall be presented in the form of a statement to the COUNTY at the close of each calendar month and shall include direct overhead costs incurred in the performance of such work. COUNTY shall reimburse CITY for the cost of such services'and overhead during the calendar month following receipt of such statement from CITY. 9 (3) Have the right to determine priorities for all requested work and the schedule in which the work is to be performed. C. 'CITY and COUNTY shall establish proper liaison to avoid confusion or misunderstanding as to the location and scope of requested work. D. Neither COUNTY 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 -2- or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is also under- stood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any- thing done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. E. Neither CITY 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 COUNTY under or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also under- stood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined in Government Code Section 810.8), occurring.by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. 9 F. Effective date and termination: This Agreement shall become effective on the date hereinabove written and shall continue in full force and effect through June 30, 1978 . Unless terminated as hereinafter provided, this Agreement . shall be automatically renewed from year to year for successive one -year periods thereafter. This contract may be terminated at the end of any year period by either CITY or COUNTY, by giving written notice of intent to so terminate, not later than thirty (30) days prior to the end of such annual period. IN WITNESS WHEREOF, CITY has caused this Agreement -3- to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this Agreement to be executed by its Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors. Dated: ATTEST: City Clerk APPROVED AS TO FORM: AL �2'11� DENNIS D. O'NEIL City Attorney ATTEST: William E. St John County Clerk and Ex- Officio Clerk of the Board of Supervisors of Orange County By Deputy APPROVED AS TO FORM: ADRIAN KUYPER County Counsel -4- CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor Dated: COUNTY OF ORANGE By Chairman of its Board of Supervisors Dated: RECOMMENDED FOR APPROVAL Sherif Director, Environmental Management Agency DDO /bc 6/13/77 Yr ] J f v 1 - �s1 � 4c JUaa 15. 1977 x R. - ' ft ifta tal Oy.wa tk"'z �.coust�7 Aomy DovalOpaNat Dttlalon <, - 9 F.O. 1o= 1078'> Saata Aaa, C1 9270 Attantiont. 1. A. laasall. �a i�t114 1YatlitiNt' Op■+attap. :. r � L y'. tub�aatt �Oad �� earntaN �daat .i titaloaad tow JOUR' atoaaotioa a:a to OtijiMl a t� _ aebjaat agmesi stp tiht h haw basti as tad bF . a MaFor . MY Clark as aothertsad by ;ha city- of verport D"Ch items a Iio. 9119. za. ilaaa� Tatars a.ln11F asasread.aopF et !ha arit to o!liaa for oar offlatal lilac. 71, - t city ClArt ssa. , y r a t _ r 7 i AiR ©4 ©, O1UNTY OF © t = RANGE Robert L. Wynn City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Dear Mr. Wynn: •.- Lr TELEPNONE: 834 -2300 AREA CODE 713 MAILING ADDRESS P.O. BOX 1O7a SANTA ANA, CA. 92702 FILE 4 Y In accordance with your request, we have enclosed a copy of a proposed agreement for Road Maintenance Services to be performed by your city in the county island near Superior Avenue. Please review this proposal and advise us of any modifications necessary for approval by your city. If you have any questions or need more information, please contact Bill Reiter at telephone number 634 -7014. Very truly yours, Wut, .?/ F. A. Feezell, Manager Public Facilities Operations WMR:mw Enclosure i 1 ENVIRONMENTAL MANAGEMENT AGENCY DEVELOPMENT DIVISION H. G. OSBORNE 400 CIVIC CENTER DRIVE WEST DIRECTOR SANTA ANA. CA. C. R. NELSON ASSISTANT DIRECTOR DEVELOPMENT JUN 01 JW% Robert L. Wynn City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Dear Mr. Wynn: •.- Lr TELEPNONE: 834 -2300 AREA CODE 713 MAILING ADDRESS P.O. BOX 1O7a SANTA ANA, CA. 92702 FILE 4 Y In accordance with your request, we have enclosed a copy of a proposed agreement for Road Maintenance Services to be performed by your city in the county island near Superior Avenue. Please review this proposal and advise us of any modifications necessary for approval by your city. If you have any questions or need more information, please contact Bill Reiter at telephone number 634 -7014. Very truly yours, Wut, .?/ F. A. Feezell, Manager Public Facilities Operations WMR:mw Enclosure i 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR ROAD MAINTENANCE SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE IN CONNECTION WITH MAINTENANCE WORK ON THE COUNTY TRIANGLE ISLAND IN THE NEWPORT MESA TRACT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Agreement for Road Maintenance Services between the City of Newport Beach and the County of Orange in connection with maintenance work on the County Triangle Island in the Newport Mesa Tract (adjacent to and westerly of Superior Avenue, between Ticon- deroga and Placentia); and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satis- factory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Agreement above described is hereby approved, and the Mayor and City .Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of June ATTEST: City. Clerk Mayor 1977. DDO /bc 6/16/77