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Home My WebLink About1994-213 ~ 1 RESOLUTION NO. 94-213 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT WITH THE CITY OF RIALTO RELATING 3 TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS. 4 BE IT RESOLVED BY THE MAYOR AND CmlMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION 1. The Mayor of the City of San Bernardino is authorized execute, on behalf of said directed to and hereby City, a Master Agreement with the City of Rial to, relating to the maintenance and operation of Traffic Signals and Street Lights, a copy of which agreement is attached hereto, marked Exhibi t "An and incorporated herein by reference as fully as though set forth at length. SECTION 2. This agreement and any amendment or modi fica- tions thereto shall not take effect or become operative until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties \ RESO: AUTHORIZING EXECUTION OF ~lASTER AGREEMj<;NT .WITR CITY OF RIALTO RELATING TO MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS. 94-213 1 2 3 Bernardino I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the Ci ty of San at a regular ,-' meel..lng thereof, held on the 4 1st day of_August 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN , 1994, by the following vote, to-wit: 11 POPE-LUDLAM 12 MILLER 13 14 15 AYES NAYS - - x x x x -- x x -- x ABSTAIN ABSENT R~r~Clerk The foregoing resolution is hereby approved this ~th _.__ 16 day of August , 1994. - 17 ~)1~ 18 Tom Minor, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: . 21 James F. Penman City Attorney 22 fJ 23 By il... ,? ~ 24 t/ 25 26 27 28 - 2 -, 94-213 EXHIBIT "A" MASTER AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS This Master Agreement, and entered into this 4th day of August , 1994, by and between the city of RIALTO, a municipal corporation of the state of California, hereinafter refer- red to as "RIALTO", and the City of SAN BERNARDINO, a municipal corp- oration of the state of California, hereinafter referred to as "SAN BERNARDINO", jointly "the parties." WIT N ESE T H WHEREAS, certain traffic signal(s) and street light(s) have been installed at various intersections that are partially within both RIALTO and SAN BERNARDINO; and, WHEREAS, these traffic signal(s) and street light(s) can ,each be best maintained by one party; and, WHEREAS, both RIALTO and SAN BERNARDINO do mutually desire to set the terms and conditions under which these traffic signal(s) and street light(s) will be maintained and operated, and to specify the distribution of cost for maintenance and operation. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. This Agreement shall apply to the intersection(s) listed in Exhibit "B", attached hereto and made a part hereof. Exhibit "B" may be revised, to add, or delete intersections listed thereon, by the City of RIALTO through its City Manager or by the City of SAN BERNAR- DINO through its Director of Public Works/City Engineer, each to obtain the written consent of the other for such change. Any approved revi- sion to Exhibit "B" shall become a part of this Agreement and shall supersede and cancel all previous additions. 2. This Agreement shall become effective upon satisfactory completion of all traffic signal and street lighting work at the com- pletion of intersection of MILL STREET AND EUCALYPTUS AVENUE, and acceptance by RIALTO. 3. The party responsible for the maintenance work or provi- sion of the services shall be as indicated in Exhibit "B", maintained by the utility owning same. 1 94-213 4. RIALTO and SAN BERNARDINO shall at least semi-annually bill each other for the cost of services provided and shall provide a summary of actual maintenance and power costs of each intersection within their area of responsibility, as set forth in Exhibit "B". The cost of maintenance referred to herein shall include direct costs, plus a 5% functional and administrative overhead assessment to cover indi- rect costs incurred in providing the maintenance services. 5. The share of costs for the operation and maintenance of traffic signals shall be based on a ratio of the number of legs of the intersection that lie within each jurisdiction. 6. Where highway lighting, flasher, or other electrically operated traffic controls or warning devices either presently exist or are hereafter specifically approved by the parties for installation at an intersection, the maintenance and pm-ler costs thereon shall be shared between RIALTO and SAN BERNARDINO in the same manner as provided for sharing traffic signal costs. 7. Routine maintenance work to be performed under this agreement will include maintenance patrolling, furnishing of electric energy, and furnishing necessary repairs and/or replacements as re- quired to insure satisfactory service. Installation of additional facilities is not a maintenance function under this agreement. 8. The net amount (actual costs less reimbursements or contributions by other parties) of extraordinary expenses, such as, for the repair of extensive damage or replacement of components of the signal installation, shall be assessed directly against the particular intersection involved, and shall be the shared expense of the cities of RIALTO and SAN BERNARDINO based upon the aforementioned ratio for share of costs, and as shown on Exhibit "B". These expenses shall be as- sessed regardless of whether the actual damage occurred within either city's area of the intersection. Invoices for said costs shall be itemized as to materials, including service and expense, salaries and wages, and equipment rental. The party with jurisdiction over the location of any facility damaged by others shall make every reasonable effort to recover the costs of damages from the party responsible for said damage to any facility. 9. This Agreement shall remain in full force and effect until terminated by either party following a sixty (60) day written notice to terminate. 10. Neither RIALTO 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 SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to RIALTO under this Agreement. It is also agreed that, pursuant to Gov- ernment Code section 895.4, SAN BERNARDINO shall fully indemnify and hold RIALTO harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction not delegated to RIALTO under this Agreement. 2 . 94-213 AGREEMENT: MAINTENANCE OF TRAFFIC SIGNALS AND STREET LIGHTS Neither SAN BERNARDINO nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by RIALTO under or in connection with any work, authority or jurisdiction not deleted to SAN BERNARDINO under this Agreement. It is also agreed that, pursuant to Government Code section 895.4, RIALTO shall fully indemnify and hold SAN BERNAR- DINO harmless from any liability imposed or injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by RIALTO under or in connection with any work, authority or jurisdiction not delegated to SAN BERNARDINO under this Agreement. 11. This Agreement represents the entire Agreement between the parties and any amendments and/or addendums shall be made in writ- ing between the parties and attached to this Agreement. 12. No rights shall accrue to any party or third party hereunder except as specifically set forth herein. No third party beneficiaries are contemplated under any provision of this Agreement, nor is it the intent of this Agreement to create any right in same. No party hereto shall be liable for any injury occurring on any property covered by this Agreement except as provided under the Tort Claims Act of the State of California, and does not, by execution of this Agree- ment, waive any defense to any action provided in such Act. IN Agreement to authorized. WITNESS WHEREOF, the parties hereto have caused this be executed by their respective official thereunto duly ATTEST: CITY OF RIALTO ATTEST: CITY OF SAN BERNARDINO ~. ~ City Clerk ~1)lt~~ TOM MINOR, Mayor ~ Approved as to form and legal content: JAMES F. PENMAN, City Attorney By 3 94-213 E X H I BIT liB" TRAFFIC SIGNAL AND STREET LIGHTING INSTALLATIONS SCHEDULE I - MAINTAINED BY CITY OF RIALTO None SCHEDULE II - MAINTAINED BY CITY OF SAN BERNARDINO Maintenance & Operation Cost Split NO. LOCATION RIALTO SAN BERNARDINO 1. Mill/Merrill Street @ Eucalyptus 50% ' 50%