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RESOLUTION NO. 94-210
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF REDLANDS RELATING TO
THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB
AREA TRAFFIC MODEL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of th~y of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City,
8 an agreement with the City of Redlands for the development,
9 operation and maintenance of the East Valley Sub Area Traffic
10 Model, a copy of which agreement is attached hereto marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2.
The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
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obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute
resolution.
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
7-6-94
it within sixty (90) days of the passage of this
RESO: EXECUTING AGREEMENT WITH CITY OF REDLANDS RELATING TO THE
EAST VALLEY SUB AREA TRAFFIC MODEL.
94-210
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular
meeting thereof, held on the
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1st day of August
, 1994, by the following vote, to-wit:
5 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
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g~r~lerk
The foregoing resolution is hereby approved this 4th
day of
August
, 1994.
~)~/tA
, Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
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James F. Penman
City Attorney
~: By (~.~,~~ t J~~_
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94-210
f!.
4-12-94
AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of August ,
1994, by and between the City of Redlands, a municipal corporation
of the State of California, hereinafter, referred to as "Redlands"
and the City of San Bernardino, a municipal corporation of the
State of California, hereinafter, referred to as "San Bernardino".
WITNESSETH
WHEREAS, a transportation forecast model is needed by local
agencies in order to comply with provisions of the Congestion
Management Plan, apply for Federal-Aid Funds, and update
Circulation Elements of their general plans: and
WHEREAS, the proposed model needs to look beyond the boundaries of
each specific jurisdiction: and
WHEREAS, San Bernardino has entered into an Agreement with JHK and
Associates to develop a traffic model; and
WHEREAS, San Bernardino is willing to develop a
greater detail within "Redlands" provided
associated additional costs, as well as provides
accurate model development; and
larger model with
"Redlands" pays
required data for
WHEREAS, Colton, Grand Terrace, Highland, Loma Linda, Redlands and
Rialto in the East Valley Sub Area have expressed an interest in
having San Bernardino extend the limits of the model to include
their incorporated areas, in order to achieve cost savings through
economy of scale and consolidation of effort: and
WHEREAS, identical agreements may be entered into between San
Bernardino and each of the lis~ed cities: and
WHEREAS, the development of a consistent model for the East Valley
Sub Area insures consistency and reduces development costs for all
participants; and
WHEREAS, San Bernardino has obtained a price quote from JHK and
Associates for extending the limits of the model to include these
additional areas, in an amount of $235,820.00; and
WHEREAS, the traffic model will necessarily be developed in
accordance with the Southern California Associated Government's
(SCAG) Comprehensive Transportation Model for the County of San
Bernardino; and
WHEREAS, the traffic model developed pursuant to this Agreement
shall be referred to as the "East Valley Sub Area Model"; and
94-210
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WHEREAS, Redlands and San Bernardino do mutually desire to specify,
herein, the terms and conditions under which said project is to be
completed, financed and maintained; and
WHEREAS, development of the expanded model is proposed for the
1994/95 fiscal year.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION ONE - SAN BERNARDINO SHALL --
MODEL DEVELOPMENT PERIOD
1.01 Perform necessary contract negotiations and administer the
contract with the selected development firm for creation of
said model.
1.02 Amend Agreement with JHK and Associates to include the other
cities in the East Valley Sub Area with the cost for the
expanded model distributed among the participating agencies as
set forth on Attachment A.
1.03 Act as Lead Agency in securing Environmental Review approval,
prepare all required reports, agreements, coordinate
activities of the consultant, advise "Redlands " of the needed
data, hold task force meetings with involved agencies on
progress and model development.
1. 04 Prepare a working model, consistent with County Transportation
model as determined by SANBAG and acceptable to SCAG.
1.05 Arrange for collection of data necessary for the development
of the model.
1. 06 Submit a model run for review and comment to "Redlands" prior
to final submittal to SANBAG and include "Redlands" in the
developmental meetings leading to the final model.
1.07 Submit quarterly bills to "Redlands" for their proportionate
share of the costs received by San Bernardino from the
Consultant for development of the East Valley Sub Area Model.
1.08 Submit a model run for "Redlands" of their street network upon
completion of project.
1. 09 obtain the necessary computer equipment, programs, and support
materials necessary to operate and maintain the model.
1.10 Accept responsibility for all costs of the project, including
preliminary model development, equipment acquisition,
staffing, applicable overhead charges, and any other costs
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94-210
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directly attributable to project, except for the share to be
borne by "Redlands" as provided, hereinafter.
1.11 Submit an accounting to "Redlands" of all costs charged to the
project along with a statement for "Redlands's" share of the
cost.
MAINTENANCE OF MODEL AND ON-GOING MODELLING EFFORTS
1.12 Upon completion of the proj ect, assume maintenance of the
model constructed within the area under jurisdiction of San
Bernardino and maintenance of the model with the jurisdiction
of "Redlands" to the extent that update information and
changes are submitted by "Redlands" as required in a timely
manner.
1.13 Prepare a cost accounting (hourly rate) that includes the
actual costs necessary for staff, benefits, and overhead for
updating the model, making requested model runs so "Redlands"
may request as many such runs as required to adequately
address development impacts within their jurisdiction and be
billed accordingly. The hourly rate shall be established and
adjusted annually based on increases in the services provided,
mandated salary increases, and other such factors but only
after review of data by parties to the agreement. The hourly
rate is set at $45.00 per hour for the first year of the
agreement.
1.14 Provide adequate staffing so the model remains current and
model runs can be made in a reasonable amount of time from the
request, provided "Redlands" makes update information
available as required. The City of San Bernardino will
maintain a log of requests, provide est~mated time for
completion at time of request, commit to processing first in
first out and provide overtime or priority service when staff
is available for such serivce and only upon payment of
increased fees.
1.15 Maintain a detailed record of any proposed changes to the
approved model, and secure "Redlands's" approval prior to
authorizing any major changes, thereof (major updates).
Maintain logs of requested model runs, agency that requested
and data supplied for model run.
SECTION TWO - "Redlands" SHALL
2.01 Assist San Bernardino in accomplishing the reqUired data
collection for development of the model and correct input of
land use types and transportation networks.
2.02 Accept responsibility for the share of the project costs for
the enlargement of the model to include the city of "Redlands"
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94-210
and reimburse San Bernardino, within 30 days after receipt of
an itemized statement of cost. "Redlands's" share is
estimated to be $33,789.00 but in no event shall "Redlands's"
total obligation under this agreement exceed the actual cost
of enlarging the model as determined by the final contract
change order issued to the selected consultant and reviewed by
"Redlands" provided that "Redlands" may, at its sole
discretion, in writing, authorize a greater amount for
additional work as desired.
2 . 03 Execute this agreement in a timely manner, but in no case
later than June 1, 1994, such that the project may proceed and
be completed within the 1994/95 fiscal year with an
anticipated completion date of November, 1994.
2.04 Make those arrangements that may be necessary for the
collection of data on land use, transportation network, and
traffic counts as may be necessary for accurate model
development and/or maintenance.
2.05 Accept responsibility for the regular update information that
is required to maintain an accurate model and notify the city
of San Bernardino of major changes in land use, development
and/or traffic count data necessary for the development and
maintenance of the model.
2.06 Agree with the adopted cost accounting methods and charges to
be levied for model maintenance and model runs as requested by
"Redlands" in that they reflect the actual hourly wages and
benefits and overhead experienced by the city of San
Bernardino for providing said service. Accept that changes in
such charges shall occur as salaries are adjusted, benefit
costs increase, and other such changes O,ccur within the
bargaining units within the city.
2.07 Agree to make no secondary sales of model information or
output that extend beyond the legal boundaries of the city of
"Redlands" .
2.08 Agree to a uniform pricing schedule for model output or model
runs that is to be provided to all third parties (private
sector developers or consultants). Such rate shall be
determined at annual meetings of all participants to the
agreement and shall be established by majority vote of
participants in attendence at the annual meeting. General
Plan updates or information used exclusively by the city shall
be at the hourly rates established in section 1.14.
Information used for encouraging development within the city
and delivered to third party interests shall be at a rate of
$90.00 and shall be established such that cost recovery for
model development and maintenance is included.
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94-210
2.09 Provide written instructions and acceptable data as approved
by "Redlands" in cases where "Redlands" directs that the third
party consultant deal directly with San Bernardino for model
information. Signed authorization forms will permit San
Bernardino to perform requested model runs using approved
input data and will be billed at the rate listed in 2.08.
2.10 Agree to negotiate an appropriate cost sharing method with all
model users in the event one or more of the model users
requests an upgrade or update of fixed assets (computer or
other hardware) prior to the projected useful life of the
equipment.
SECTION THREE - BE IT FURTHER AGREED BY THE PARTIES HERETO --
3.01 That no part to the agreement, nor officer, nor employees,
thereof, shall be responsible for any damage or liability
occurring by reason of anything done or in connection with any
work, authority, or jurisdiction delegated to the parties
under this Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4, each party shall
fully indemnify and hold all other parties harmless from any
liability for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be
done under or in connection with any work, authori ty, or
jurisdiction delegated under this Agreement.
3.02 By combined funding, the cities are able to construct a larger
sized model than is planned by any of the cities and, thereby,
create additional capacity for analysis and a consistent
application of the modeling effort.
SECTION FOUR - TERMINATION --
4.01 Either party may terminate this agreement upon 30 day written
notice.
4.02 The City that is withdrawing from the agreement is entitled to
only a current model run (hard copy output or magnetic data
output) for that portion of the model contained within the
legal boundaries of their city. Data contained in the entire
model will be subject to a negotiated price and availablity of
supporting software. Negotiations shall consider overall cost
for model development, equipment, and support services.
4.03 After termination, the withdrawing city may request model runs
and data but only as defined as a third party and subject to
the hourly charges established for third party requests.
4.04 Failure to provide necessary data for updates as required or
failure to provide them in a timely manner will result in that
portion of the model being inaccurate. Repeated failure to
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94-210
supply data or make efforts at model maintenance may result in
a request to terminate this agreement.
4.05 Should the city of San Bernardino terminate this agreement, a
copy of the full model at the time of termination shall be
provided to the local traffic agency (SANBAG) for use by the
participants. The supporting software, hardware, and other
such items will remain the property of the City of San
Bernardino.
THIS AGREEMENT shall inure to the benefit of and be binding upon
the successors and assigns of the parties involved.
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94-210
AGREEMENT: EAST VALLEY SUB AREA TRAFFIC MODEL
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective officials thereunto duly
authorized.
CITY OF "Redlands"
ATTEST:
~~L-
Swen Larson , Mayor
City of "Redlands"
~~
y Clerk
CITY OF SAN BERNARDINO
BY~?'Y\ )lL/~
Toni Minor, Mayor
city of San Bernardino
ATTEST
BY:~~' ~
cit Clerk
Approved as to form and
Legal content:
James F. Penman
City Attorney
/1
i/
"~---Y'"~
Page 7
94-210
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