Loading...
1960-5915RESOLUTION NO. 5915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A CONTRACT TO BE FADE AND ENTERED INTO BY THE CITY OF ANAHEIM, AS CONTRACTING AGENT FOR THE CITIES AND SANITARY DISTRICT OF THE ORANGE COUNTY JOINT OUTFALL SEWER, AND ROBERT J. BA.RLETTA AND BRUCE COOK, FOR THE MAINTENANCE OF THE EUCLID TRUNK LINE AND THE MAGNOLIA TRUNK LINE AND APPURTENANT FACILITIES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. WHEREAS, the Cities of Anaheim, Fullertcn, Orange, La Habra, Placentia, and Buena Park and the Sanitary District of Garden Grove are the owners of two trunk sewer lines known and designated as the Euclid Trunk Sewer Line and the Magnolia Trunk Sewer Line, and appurtenant facilities maintained and used for the disposal of sewage in Orange County, California; and WHEREAS, for many years, they have maintained and operated said trunk sewer lines as the Orange County Joint Outfall Sewer with their own crews and facilities and have maintained a central office for the purpose of keeping records, meeting payrolls, purchasing supplies and doing and performing all other acts and things necessary for the proper maintenance and operation of said trunk sewer lines; and WHEREAS, Robert J. Barletta and Bruce Cook have heretofore entered into a contract to perform the above mentioned services and have successfully and satisfactorily performed said services for the past three years; and WHEREAS, the previous agreement and contract expired on June 30, 1959; and WHEREAS, the said Robert J. Barletta and Bruce Cook have submitted to the City of Anaheim, as Contracting Agent for the members of the Orange County Joint Outfall Sewer, an offer to enter into a contract to furnish all labor and perform all work necessary and required for the operation, maintenance and repair of said trunk sewer lines and facilities, and said Cities and Sanitary District comprising the Orange County Joint Outfall Sewer have, by resolutions duly passed and adopted by their respective legislative bodies, found and determined that said offer is fair and reasonable and to the advantage and for the best interest of the members of the Orange County Joint Outfall Sewer and should be accepted, and have authorized the City of Anaheim, as Contracting Agent for said Cities and Sanitary District, to enter into and execute an agreement with the said Robert J. Barletta and Bruce Cook to furnish all labor and to do and perform all work necessary or required for the proper maintenance, operation and repair of said trunk sewer lines and facilities, as more particularly set forth in the agreement attached hereto and made a part hereof, which agreement was to have been entered into on July 2, 1959; and -1- 3G WHEREAS, said agreement was approved by the Executive Committee of the Orange County Joint Outfall Sewer on July 2, 1959, and the City of Anaheim, as Contracting Agent for the members of the Orange County Joint Outfall Sewer, was authorized to execute said agreement as of July 2, 1959 for and on behalf of the Orange County Joint Outfall Sewer; and WHEREAS, through inadvertence or oversight a resolu- tion was never adopted by the City Council of the City of Anaheim authorizing the Mayor and City Clerk to execute said agreement for and on behalf of the City of Anaheim as Contract- ing Agent for the Cities and the Sanitary District of the Orange County Joint Outfall Sewer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement, a copy of which is attached hereto and made a part hereof, to be made and entered into by and between the City of Anaheim, as Contracting Agent for the Cities of Anaheim, Fullerton, Orange, La Habra, Placentia and Buena Park, and the Garden Grove Sanitary District and Robert J. Barletta and Bruce Cook, as of July 2, 1959, be and the sane is hereby approved, and that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim as Contracting Agent for the Cities and Sanitary District of the Orange County Joint Outfall Sewer. THE FOREGOING RESOLUTION is approved and signed by me this 29th day of March 1960. ATTEST: COUNTY OF C ORANGE NIA, CITY OF ANAHEIM (SEAL) ss• I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 29th day of March, 1960, by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and 'signed said resolution on the 29th.day of March, 1960, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1960. /lt' CITY CLERK OF THE CITY OF ANAHEIM A G R E E M E N T THIS AGREEMENT, made and entered into this 2nd day of July, 1959, by and between the CITY OF ANAHEIM, a Municipal Corporation of the General Law Class, as Contracting Agent for the Cities of Anaheim,, Fullerton, Orange, La Habra, Placentia and Buena Park and the Sanitary District of Garden Grove, as Party of the First Part, A N D ROBERT J. BARLETTA and BRUCE COOK, Parties of the Second Part. WITNESSETH:: WHEREAS, the Cities of Anaheim, Fullerton, Orange, La Habra, Placentia and Buena Park and the Sanitary District of Garden Grove, are the owners of two (2) trunk sewer lines known and designated as the Euclid Trunk Sewer Line and the Magnolia Trunk Sewer Line and appurtenant facilities maintained and used for the disposal of sewage in Orange County, California; and WHEREAS, for many years, they have maintained and operated said trunk sewer lines as the Orange County Joint Outfall Sewer with their own crews and facilities and have maintained a central office for the purpose of keeping records, meeting payrolls, purchasing supplies and doing and performing all other acts and things necessary for the proper maintenance and operation of said trunk sewer lines, and WHEREAS, the Parties of the Second Part have heretofore entered into a contract to perform the above-mentioned services and have success- fully and satisfactorily performed said services for the past three (3.) years,; and WHEREAS, the previous agreement and contract expired on June 30, 1959; and WHEREAS, the Parties of the Second Part have submitted to the Party of the First Part an offer to enter into a contract to furnish all labor and perform all work necessary and required for the operation, maintenance and repair of said trunk sewer lines and facilities, as more particularly hereinafter set forth, and said Cities and Sanitary Dis- tract comprising the Orange County Joint Outfall Sewer have, by resolu- tions duly passed and adopted by their respective legislative bodies, found and determined that said offer is fair and reasonable and to the advantage and for the best interest of the members of the Orange County Joint Outfall Sewer and should be accepted, and have authorized the Party of the First Part, as contracting agent for said Cities and Sanitary District, to enter into and execute an agreement with the Parties of the Second Part to furnish all labor and to do and perform all work necessary or required for the proper maintenance, operation and repair of said trunk sewer lines and facilities upon the terms and conditions hereinafter set forth, NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVE- NANTS AND PROMISES OF THE PARTIES HERETO, IT IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THEM AS FOLLOWS: 1. Parties of the Second Part agree to furnish the following services: to perform all administrative functions in connection with planning, direction and coordination of the various activities of the Orange County Joint Outfall Sewer as related to the member Cities and Sanitary District and as requested and as directed and to render the following services:. (a) Handling public relations with governmental agencies and legislative bodies dealing with sanitation problems. (b) Handling public relations with neighboring population. (0) Informing and supplying the Cities and Sanitary Dis- trict with information on the problem relating to the disposal of their sewage wastes. (d) Making reports of needs for the proper and continued operation of the sewerage system. 2. Parties of the Second Part further agree to furnish all work and to do and perform all labor for the necessary and proper maintenance of the Euclid Trunk Line and the Magnolia Trunk Line and appurtenant facilities. Maintenance is hereby defined to be mainte- nance as defined in the supplemental joint agreement made and entered into by and between the Cities and. Sanitary Districts of the Joint Outfall Sewer on the let day of April, 1954 plus the following ser- vices: Parties of the Second Part agree to install all of the pipe- lines and connections necessary for the program to avoid summer over- flows to the extent of labor, equipment and material amounting to the sum of $4,00MO. Parties of the Second Part agree to perform all adminis- trative functions and to do and perform all work for the proper operation of said trunk sewer lines and facilities Thx ierm "operation" is hereby defined as follows: (a) Furnishing an office, equipment, labor and materials (except chlorine) for the proper management and main- tenance of said trunk sewer lines and facilities. (b) To furnish public liability, property damage and com- pensation insurance to cover all operations of the Pares of the Second Part in the performance of this contract with loss payable clauses to the Orange County Joint Outfall Sewer, as its interest may appear. (o) Parties of the Second Part shall not be required to fur nish insurance coverage for any of the chlorinator buildings, or equipment therein, or the bulLdings at Loara Street maintenance yard. (d) To maintain chlorination stations and equipment, chlorine to be furnished by the Orange County Joint Outfall Sewer. 4. That for the services, work and labor to be performed and all other things to be done and performed under this agreement, the Parties of the Second Part shall receive as full compensation, unless otherwise agreed in writing, the sum of $49 per year payable in monthly installments of 84,083.33 commencing on the 1st day of August, 1959, and on the first day of each and every month thereafter during the term of this contract. -3- 5. This contract shall be for a term commencing on July 1, 1959, and terminating when the Magnolia Trunk Line and the Euclid Trunk Line and appurtenant facilities are delivered to the County Sanitation Districtspursuant to the terms of the contract made and entered into by and between the Orange County Joint Outfall Sewer and said County Sanitation Districts, dated March 1, 1958, or until terminated by mutual consent of the parties hereto, 6. It is further understood and agreed.that should the Parties of the Second Part fail to comply with all the terms, condi- tions and provisions of this contract or to do and perform all of the work and labor as herein provided, in the manner herein set forth, in a good and workmanlike manner, they shall, in addition to any other penalties provided by law, be liable to the Party of the First Part for all losses or damages that the Cities and Sanitary District of the Orange County Joint Outfall Sewer may suffer on account thereof; sub- ject, however, to delays caused by* reason of a suspension order by the Chief Engineer of the City of Anaheim or because of any act or neglect of the City of its officers or employees without contributory fault or neglect on the part of the Parties of the Second Part, their agents or employees, or if the work should be delayed by fire, storm, flood or other acts of God, by war or acts of public enemies, by restriction of the use of, procurement of or inability to obtain materials by strikes, by unusual delay in transportation, unavoidable casualties or any cause beyond the control or without the fault or neglect of the Parties of the Second Part, or for any other reason Mich, in the opinion of the Chief Engineer of the Party of the First Part, is proper justification for such delay. 7. It is expressly understood and agreed that the Parties of the Second Part, in the furnishing of all services, labor and work and the doing and performing of all acts or things provided for in this contract, are acting as independent contractors'and not as the agent, -4- servant or employee of the City of Anaheim or any of the Cities or the Sanitary District of the Orange County Joint Outfall Sewer. 8. It is expressly understood and agreed that this agree- ment shall not be assigned in whole or in part by the Parties of the Second Part without the written consent of the Party of the First Part. 9. It is further understood and agreed by and between the parties hereto that in the event the members of the Orange County Joint Outfall Sewer shall sell or transfer their trunk sewer lines and facilities to the Orange County Sanitation Districts during the term of this agreement that said agreement shall thereupon terminate upon the giving by the Party of the First Part to the Parties of the Second Part of ninety (90) days written notice of such proposed sale or trans- fer. IN WITNESS WHEREOF, the City Council of the City of Anaheim, as contracting agent for the Cities of Anaheim, Fullerton, Orange, La Habra, Placentia and Buena Park and the Sanitary District of Garden Grove, has caused this agreement to be subscribed by its Mayor and City Clerk and said Parties of the Second Part have signed this agreement the day and year first above written. CITY OF ANAHEIM n B y a MAYOR ATTEST CONTRACTING AGENT FOR THE CITIES AND SANITARY DISTRICT OF THE ORANGE COUNTY JOINT OUTFALL SEWER, PARTY OF THE FIRST PART, PARTIES OF THE SECOND PART. -5- CITY CLERK