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Home My WebLink AboutEnvironmental Management Agency - 1976-08-021 AGREEIiENT 3 THIS AGREEMENT, made and entered into this /'��day of u 3 1976, by and between the COUNTY OF ORANGE, a political subdivision of the 4 State of California, hereinafter referred to as "COUNTY," and the City of Hun tin'ton Beach , a municipal corporation situated in the County of 6 Orange, hereinafter referred to as "CITY." 7 R E C I T A L S 8 1. The City Council of CITY has heretofore determined to avail itself 9 of certain COUNTY services authorized by Section 51301 of the California Govern- 10 went Code. 11 2. CITY desires to have COUNTY perform by its appropriate officers 13 and employees the materials testing services hereinafter specified. 13 3. COUNTY, through its Environmental Management Agency, is willing 14 and ready to render any and all such materials testing service, to CITY in 15 accordance with the terms, covenants, conditions and provisions hereinafter 16 set forth. 17 IT IS THEREFORE MUTUALLY AGREED as follows: 18 A. COUNTY, through the officers and employees of its Environmental 19 Management Agency, upon written request of CITY shall: 20 (1) Perform preliminary soils investigations and make pavement 21 section/foundation recommendations for bridge and road construction projects. 22 (2) Perform field and laboratory tests on soils, asphalt con- 23 crete, Portland cement concrete, aggregate base, and other materials to deter-- 24 mine compliance with contract specifications. 25 (3) Submit a Materials Report of the preliminary investigations 26 and a Materials Test Report of the control tests in writing to CITY. 27 (4) Submit an itemized billing to CITY for the costs thereof, 28 including administrative and other overnead charges in connection therewith, at 29 a standard rate to be determined by COUNTY from time to time. 30 B. CITY shall: 31 (1) Submit each request for preliminary investigations and/or 32 control testa to COUNTY in writing. —1— i i i (2) Remit payments to COUNTY for services covered herein within 2' thirty (30) days of billing. 3' ..C. COUNTY, depending on its w9rk backlog, retains the option and may elect to have all or portions of the herein owe materials testing per- 5 formed"by outside laboratories. in this event,, the charges accrued thereby -6.-Will `bLiincluded in'the respective billing to C1::'. 7 D. CITY and. COUNTY, pursuant to Government Cade Section 895.4, hold 8 Erich other harmless for liability for injuries as defined in Covernment Code :9• :Section 8i0'.'8, caused by the act, or omissions of the other or its officers, ,;•1�l employees or agents in the performance of this agreement. I1' E. CITY shall not be liable for 'the direct payment of any salaries, ` AZ wages, other compensation or indemnity to any COUNTY officer or employee, per- di-m ng any services hereunder for CITY, nor for any injury or sickness arising :14. out of his employment, except as herein otherwise specified. 15 F. This Agreement shall become effective on the date hereinabove •16 written and shall continue in full force and effect through June 30, 1977. 17 Unless terminated a's hereinafter provided, the Agreement shall be automatically 18 renewed from year to year for successive one-year periods thereafter. This con- :,' 19 :tract stay be terminated at the end of any year period by either CITY or COUNTY, 20 by giving written notice of intent to so terminate, not later than thirty (30) 21 days prior to the end of such annual period. 22 iN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this Agreement to be 24 25 I/Ill 2s . 27 ?.8 29 f 31 I/III l 32 - IIIII 'j 5. 6 7 9 11' 13 .14' 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 C executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto dul.y authorized by the City Council and the Board of Supervisors. Dated: ��,lfj��c� � , 1976 CITY OF HUNTINGTO B ACH _ ATTEST: Dated: • 1 `J 1976 ATTEST: WILLIAM E. ST JOHN County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California By Deputy APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL Deputy APPROVED AS TO FOU : DON P. BONFA RF:jj204a(3) B COUNTY OF ORANGE r , y [ Chairman, Hoard of Supervisors -3- � �. r � �4 - • .. , + � ., ., M � � 1 .. 1 y 1 1 1 � T t♦ 7 Yy C] F ANGEE TELEPHONE- IA4-1321 ENVIRONMENTAL."N MAAGEMENT "AGENCY AREA CODE 714 ADMINISTRAtIdN DIVISION 1. ill NORTH )ROADWAY v411.1169 A000tslr SANTA;;ANA, CALIFORNIA P.O. BOX 4044 l'7—, 4 ry '��+ SoNTA ANA, CALIFORNIA 42702 H. G. OSBORNE VIRECTOR R. J." NOVELLO ASSISTANT DIR[CTOP AQMINISTRA T1004 Mr." David D. Rowlands, Administrator City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 F1LE y �E (jtry CITY OF iMMUGTON BEACH A0111IMSTRATIVE OFFICE SUBJECT: Agreement for Materials Control Tests and Preliminary Soils Investigations Dear Sir: Attached herewith is an original and one copy of the executed Agreement Whereby the County of Orange will perform materials control tests and preliminary sails investigations for your city. Tire Agreement shall be automatically renewed for successive one year periods unless otherwise terminated by either party. Very truly yours, R. F. Yablonski, Manager Management Services RRF:ln Attachment MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA August 17, 1976 IN RE: RESOLUTION OF THE CITY OF TUSTIN ENDORSING JOINT POSITION AGREE1ENT ON FUTURE OF ORANGE COUNTY AIRPORT On motion of. Supervisor Riley, duly seconded and unanimously carried by board members present, Resolution No. 76-75 of the City of Tust3.n, endorsing a joint position agreement on the future role of the Orange County Air..)ort is received and ordered .filed. IN RE: AGREEMENTS MATERIALS TESTIN:I SERVICES VARiOUS CITIES On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Agreements dated August 17, 1976, between the County of'Orange and the following cities, providing for materials testing services through June 30, 1977, as recommended by the Director of Ei1A in his letter dated August 17, 1976. CITIES CITIES City of Garden Grove City of Santa Ana City of Nuntin&tan Beach City of Stanton City of Sari Juan Capistrano IN RE: AGREEMENT CAMBRIDGE STORM DRAIN CITY OF ORANGE ORANGE COUNTY FLOOD DISTRICT On motion of Supervisor Riley, duly seconded tnd unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Agreement, dated August 17, 1976, ",t_4een the County of Orange and the City of Orange providing for financial participation in the construction of the Cambridge Storm Drain, as recommended by'the, Director of the Environmental Management Agency in his letter dated August 17, 1976. RECEIVE,') AUG 24 1976 w'3 City of Hun''fingto-4 B1 'Ch P.O. BOX 190 CALIFORNIA 92640 ENGINEERING DEPARTMEZJ' July 23, 1976 Honorable mayor. and City.,,Council City of Huntington Beach Attention: Floyd G.,Belsito City Administrator Subject: Agreement Between City of Huntington Beach and Orange County Environmental Management Dear Ccuncil Members: Tran.7mitted herewith is an agreement between city of Huntington Beach and the Orange County Environmental Management Agency to provide material coatrol tests and preliminary soils investigation services as required for future public Works construction projects. The use of the County for these services will be on an as -required basis and will be paid for from the same revenue source used to f4nance the actual construction project. It is recommended that the City Council approve this agreement and authorize the Mayor and City Clerk to execute. Very truly yours, cart Director of Public works :3EH:WE11: ae Trans. N