HomeMy WebLinkAbout2004-371(See Companion Resolutions CDC/2004-44, CDC/2004-45)
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RESOLUTION NO. 2004-371
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING (1) A CERTAIN COUNTY
AGREEMENT AND (2) THE COOPERATION AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
FOR COSTS INVOICING RELATIVE TO THE NATIONAL ORANGE
SHOW EVENTS CENTER/ARROWHEAD AVENUE IMPROVEMENTS
PROJECT
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
constitution of the State of California; and
WHEREAS, the City, together with the Redevelopment Agency of the City of San
Bernardino (the "Agency"), desires that necessary street, landscaping and infrastructure
improvements be made to Arrowhead Avenue near the location of the National Orange Show
Events Center (the "Orange Show") in order to address conditions of visual blight due to the
absence of curb, gutter and sidewalk and the lack of any landscaping (the "Project'); and
WHEREAS the County of San Bernardino (the "County") has entered into an agreement
with the City dated as of November , 2004 (the "County Agreement'), whereby the
County agrees to contribute an amount not to exceed $64,000 to the City upon receipt of
invoices for certain materials costs towards the completion of the Project; and
WHEREAS, the Agency concurrently desires to provide for the advance of not to
exceed $64,000 in funds to the Orange Show for materials for the Project, which Agency grant,
together with the County contribution will provide for a total of $128,000 in total funding
towards materials to be purchased for the Project; and
WHEREAS, the City and the Agency are amenable to establishing a cooperative
mechanism whereby the costs of materials related to the Project are invoiced by the Agency to
the City when such moneys are due and whereby the City in turn shall invoice the County for
payment in accordance with the terms of the County Agreement; and
WHEREAS, it is appropriate for the Mayor and Common Council to take action with
respect to entering into such a cooperation agreement with the Agency.
4844-4331-8272.14844-4331-8272..1 1
P. Wgendas\ResolwionsV esolutions\2004\04-11-01 Arrowhead Approving Cost Inv. MCC Reso doc
2004-371
1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
2 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
3
4 Section 1. The above Recitals are true and correct and incorporated herein by
s reference.
6 Section 2. The Mayor and Common Council hereby approve the City entering into a
7 cooperation agreement with the Agency for the purpose of establishing a cooperative
8 mechanism whereby materials costs related to the Project are invoiced by the Agency to the
9 City when such moneys are due and whereby the City shall subsequently invoice the County for
io payment in accordance with the terms of the County Agreement, which agreement by and
11 between the City and Agency is entitled "Cooperation Agreement For Costs Invoicing [National
12 Orange Show Events Center/Arrowhead Avenue Improvements]" (the "Cooperation
13 Agreement') and authorize and direct the Mayor to execute the Cooperation Agreement and any
14 other documents required thereby.
is Section 3. The Mayor and Common Council hereby further approve the County
16 Agreement and authorize and direct the Mayor to execute the County Agreement and any other
17 documents required thereby.
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4844-4331-8272.14844-4331-8272.1 2
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2004-371
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING (1) A CERTAIN COUNTY
AGREEMENT AND (2) THE COOPERATION AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
FOR COSTS INVOICING RELATIVE TO THE NATIONAL ORANGE
SHOW EVENTS CENTERIARROWHEAD AVENUE IMPROVEMENTS
PROJECT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it - reg. meeting thereof, held on
the 15th_ day of November , 2004, by the following vote, to wit:
Council Members:
Ayes
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
MC CAMMACK
x
Nays Abstain Absent
Rac64 G. Clark, City Clerk
The foregoing resolution is hereby approved this day of November
Approved as to Form and Legal Content:
By: n
SP*Cruel 1. 00nSel
,ddith ailes, Mayor
City # San Bernardino
2004.
4844-4331-8272.14844-4331-8272.1 3
P-tAgendv esolutions\Resolufions�004\U 11-01 A owheud Approving Cost Inv. MCC Reso cloc
ATTACHMENT "A"
FOR COUNTY USE ONLY
COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
New
Change
Cancel
- Vendor Code
SC
Dept.
TRA
A
- Contract Number
County Department Dept. Orgn.
Contractor's License No.
Public Works — Transportation TRA TRA
County Department Contract Representative Telephone
Total Contract Amount
Mazin Kase (909) 387-8166
Not to exceed $64,000
Contract Type
❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
This Amendment
Fund
Dept.
I Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Ong. Amount
SAA
TRA
TRA
200
2445
8OH13858
NTE $64,000
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Ong. Amount
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Ong. Amount
Project Name
Estimated Payment Total by Fiscal Year
Arrowhead Avenue
FY Amount 1/D FY Amount to
Road Improvements
04/05 $64,000 I _
Contract Type - Special
(Risk Management Approved)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the County, and
Name
City of San Bernardino
Address
300 North D Street
San Bernardino, CA 92418 _
Telephone Federal ID No. or Social Security No.
(909)384-5211
hereinafter called: CITY
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or
completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and
addenda, if any)
WITNESSETH
WHEREAS, the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) desires to
make road improvements to Arrowhead Avenue between Orange Show Road and Mill Street
(hereinafter referred to as PROJECT); and
WHEREAS, the PROJECT is entirely (100%) within the incorporated area of the CITY; and
WHEREAS, the total PROJECT cost is estimated to be $261,468.75. It is anticipated that
CITY will seek participation in the PROJECT cost from the State of California and the National
Orange Show; and
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) will
contribute an amount not to exceed $64,000 toward the completion of the PROJECT; and
❑ Contract Database ❑FAS
Input Date Keyed By
Page 1 of 3
REVISED 10-12-04
WHEREAS, $64,000 will be transferred from the COUNTY Board of Supervisors Priority
Policy Needs budget (AAA-CNA-CNA) to the COUNTY Department of Public Works Road Operations
budget (SAA-TRA-TRA) as reimbursement for the PROJECT contribution to the CITY; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to the COUNTY's contribution toward the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Be responsible for the fulfillment of the project as defined in this agreement.
1.2 Act as the Lead Agency in the design and construction of the PROJECT.
1.3 Upon COUNTY Board of Supervisors approval of this Agreement, submit to COUNTY an
invoice not to exceed $64,000.
1.4 Return any funds that were not used for this PROJECT to the County of San Bernardino.
2.0 COUNTY AGREES TO:
2.1 Pay to CITY an amount not to exceed $64,000 within thirty (30) days after receipt of an
invoice as set forth in Section 1.3 of this Agreement.
3.0 IT IS MUTUALLY AGREED:
3.1 CITY agrees to indemnity and hold harmless the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to property arising
out of any act or omission of CITY, its officers, employees, agents or volunteers in connection
with CITY's performance of its obligations under this Agreement.
3.2 COUNTY and CITY are self -insured public entities for purposes of Professional Liability,
General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's
performance of this agreement.
3.3 COUNTY's participation in this PROJECT is limited to the payment of a contribution, not to
exceed $64,000, toward the PROJECT costs. The amount of the COUNTY's contribution shall
neither increase nor decrease regardless of whether the final PROJECT cost reflects an
increase or decrease from the estimated PROJECT cost of $261,468.75.
3.4 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided
however, that neither party may cancel this Agreement after CITY lets a contract to construct
the PROJECT. In the event of cancellation as provided herein, the COUNTY shall have no
obligation to pay any part of its contribution to CITY.
3.5 Except with respect to the parties' indemnification obligations contained herein, this
Agreement shall terminate upon completion of the PROJECT and final payment by COUNTY
of its contribution toward the PROJECT cost.
3.6 This Agreement contains the entire agreement of the parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement
may only be modified in writing signed by both parties.
3.7 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement or the
PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of
San Bernardino, California.
3.8 Time is of the essence for each and every provision of this Agreement.
3.9 Since the parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
Page 2 of 3
REVISED 10-12-04
not strictly for any or against any party. Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
3.10 No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties.
3.11 No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a party shall give the other party any contractual rights by custom, estoppel,
or otherwise.
3.12 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
3.13 This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
COUNTY OF SAN BERNARDINO GIM qt San Bernardino
(Print oZpme of corporation, company, contractor, etc.)
No By ►
Dennis Hansberger, Chairman, Board of Supervisors (au orized signature - ign in blue ink)
Dated: Na udith Valles
ftht or type name or person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title Mayor
CHAIRMAN OF THE BOARD (Print or Tvp')
Clerk of the Board of Supervisors Dated: _ A10V c-Mgert /�,/ •Zak
of the County of San Bernardino.
By Address 300 N. D Street
Deputy
San Bernardino, CA 92418
.pproved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
► ► ►
.ounty Counsel Department Head
,ate Date Date
Page 3 of 3
REVISED 10-12-04
FOR COUNTY USE ONLY
COUNTY OF SAN BERNARDINO
FAS
STANDARD CONTRACT
New
Change
Cancel
Vendor Code
SC
Dept.
TRA
IA
Contract Number
_ 11
County Department
Dept. Orgn.
Contractor's License No.
Public Works —Transportation
TRA TRA
County Department Contract Representative
Telephone
Total Contract Amount
Mazin Kase
(909) 387-8166
Not to exceed $64,000
Contract Type
❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
This Amendment
Fund
Dept.
Organizaton
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Ong. Amount
SAA
TRA
TRA
200
2445
80H13858
NTE $64,000
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRClPROJ/JOB No.
Orig. Amount
Fund
Dept
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Ong. Amount
Project Name
Estimated Payment Total by Fiscal Year
Arrowhead Avenue
FY
Amount
I/D FY Amount 1/D
Road Improvements
04/05
$64,000
1
Contract Type - Special
(Risk Management Approved)
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the County, and
Name
City of San Bernardino
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No. or Social Security No.
(909) 384-5211
hereinafter called: CITY
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or
completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and
addenda, if any.)
WITNESSETH
WHEREAS, the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) desires to
make road improvements to Arrowhead Avenue between Orange Show Road and Mill Street
(hereinafter referred to as PROJECT); and
WHEREAS, the PROJECT is entirely (100%) within the incorporated area of the CITY; and
WHEREAS, the total PROJECT cost is estimated to be $261,468.75. It is anticipated that
CITY will seek participation in the PROJECT cost from the State of California and the National
Orange Show; and
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) will
contribute an amount not to exceed $64,000 toward the completion of the PROJECT; and
WHEREAS, $64,000 will be transferred from the COUNTY Board of Supervisors Priority
Policy Needs budget (AAA-CNA-CNA) to the COUNTY Department of Public Works Road Operations
budget (SAA-TRA-TRA) as reimbursement for the PROJECT contribution to the CITY; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as
pertains to the COUNTY's contribution toward the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
2.0 COUNTY AGREES TO:
2.1 Pay to CITY an' amount not to exceed $64,000 within thirty (30) days after receipt of an
invoice as set forth in Section in of this Agreement.
3.0 IT IS MUTUALLY AGREED:
3.1 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents,
and volunteers from any and all liabilities for injury to persons and damage to properly arising
out of any act or omission of CITY, its officers, employees, agents or volunteers in connection
with CITY's performance of its obligations under this Agreement.
3.2 COUNTY and CITY are self -insured public entities for purposes of Professional Liability,
General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their
programs of self-insurance, they have adequate Professional Liability, General Liability and
Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's
performance of this agreement.
3.3 COUNTY's participation in this PROJECT is limited to the payment of a contribution, not to
exceed $64,000, toward the PROJECT costs. The amount of the COUNTY's contribution shall
neither increase nor decrease regardless of whether the final PROJECT cost reflects an
increase or decrease from the estimated PROJECT cost of $261,468.75.
3.4 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided
however, that neither party may cancel this Agreement after CITY lets a contract to construct
the PROJECT. In the event of cancellation as provided herein, the COUNTY shall have no
obligation to pay any part of its contribution to CITY.
3.5 Except with respect to the parties' indemnification obligations contained herein, this
Agreement shall terminate upon completion of the PROJECT and final payment by COUNTY
of its contribution toward the PROJECT cost.
3.6 This Agreement contains the entire agreement of the parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement
may only be modified in writing signed by both parties.
3.7 This Agreement shall be governed by the laws of the State of California. Any action or
proceeding between CITY and COUNTY concerning the interpretation or enforcement of this
Agreement, or which arises out of or is in any way connected with this Agreement or the
PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of
San Bernardino, California.
3.8 Time is of the essence for each and every provision of this Agreement.
Page 2 of 3
3.9 Since the parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for any or against any party. Any term referencing time, days or period for
performance shall be deemed work days. The captions of the various articles and paragraphs
are for convenience and ease or reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
3.10 No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties.
3.11 No waiver of any default shall constitute a waiver of any other default or brief, whether of the
same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a party shall give the other party any contractual rights by custom, estoppel,
or otherwise.
3.12 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect,
unless the purpose of this agreement is frustrated.
3.13 This Agreement may be signed in counterparts, each of which shall constitute an original.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
parties.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
COUNTY OF SAN////�RNARDINO / City of San Bernardino
'f (Print , pe name of corporation, company, contractor,
► /
Dennis Hal
Dated:
SIGNED AND
DOCUMENTI
CHAIRMAN
By
roved as to Legal
county Counsel
late
9 2004
R�rtv(t C'
Supervisors
OF THIS
THE
Date
By ►
signature - sign in blue ink)
Name�+udith Valles
(Print or type name of person signing contract)
Title Mayor
Dated:
11-18-2004nt or Type)
Address 300 N. "D" Street
San Bernardino, CA 92418
to
Department Head
Date
Page 3 of 3