HomeMy WebLinkAbout1992-229
1
RESOLUTION NO. 92-229
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY
3 RELATING TO THE MAINTENANCE AND OPERATION OF TRAFFIC SIGNALS AT
THE INTERSECTION OF UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with California State University San
9 Bernardino, relating to the maintenance and operation of traffic
10 signals, and appurtenant facilities at University Park\vay and
11 Northpark Boulevard, which agreement is attached hereto, marked
12 Exhibit "A" and incorporated herein by reference as fully as
13 though set forth at length.
14
SECTION 2. This agreement and any amendment or modi fica-
15 tions thereto shall not take effect or become operative until
16 fully signed and executed by both parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
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SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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6-1-92
RESO: AUTHORIZ;ENG EXECUTION OF AGREEMENT WITH CALIFORNIA. STATE
. UNIVERSITY - SAN BERNARDINO RELATING TO MAINTENANCE AND
OPERATION OF TRAFFIC SIGNALS.
1
2
3
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
6th day of
July
, 1992, by the following vote, to-wit:
5 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
x
x
x
9 MAUDSLEY
10 MINOR
x
x
11 POPE-LUDLAM
x
12 MILLER
x
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19
()~ 'K:..,...../'.~
~el Krasney, City Clerk
The foregoing resolution is hereby approved this ~
day of
J~
, 1992.
-'
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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I: '
. .
STATE OF CALIFORNIA . .
APPROVED BY THE
STANDARD AGREEMENT - ATTORNEY GENERAL
I STD. 2 (REV.5-91)
CONTRACT NUMBER
AM. NO,
TAXPAYER'S FEDERAL EMPLOYER IDENTIFiCATION NUMBER
13th May 92
THIS AGREEMENT, made and entered into this day of , 19_ ,
in the State of Califo~mia. by and between State of California, through its duly elected or appointed, qualified and acting
Trustees of the California State Universit
TITLE OF OFFICER ACTING FOR STATE AGENCY
Procurement & Support Services
California State University
, hereafter called the State, and
CONTRACTOR'S NAME
CITY OF SAN BERNARDINO
(Per RES. NO. 92-229 adopted 7/6/921 ,hereafter called the ContraclOr.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and speciflCations, if any.)
City will maintain and operate traffic signals at University Parkway and
Northpark Boulevard, bearing all costs necessary for such maintenance and
operation.
In support of these services, State will pay City the sum of $1,000.00 per year.
This payment will be made in arrears, on a quarterly basis, upon receipt of an
invoice from the City by the Accounting Office, California State University,
San Bernardino, 5500 University Parkway, San Bernardino, CA 92407-2397. In
addition to this fixed service fee, State will pay 25% of the unexpected cost
of replacing a malfunctioning traffic signal controller and/or 25% of the cost
of repair to a signal standard or controller which is destroyed by a traffic
accident for which the damage could not be recovered from the driver.
This agreement will commence on July I: 1992 and will terminate on June 30, 1997,
at which time the service fee will be renegotiated.
Continuation of this agreement is subject to appropriation of funds by the
legislature of the State of California
CONTINUED ON
1 _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
--- 0 V E R ---
The provisions on the reverse side hereof constitute a pan of this agreemenL
IN WITNESS WHEREOF. this agreement has been executed by the parties hereto, upon the date fIrst above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY Trustees of the California State University
alifornia State Un.versity, San Bernardino
CONTRACTOR (If oIhtK thllllllll individual, .tale wlHlther a
City of San Bernar n
I A El
. partnetahip, etc.)
$
ITE"
W. R. Holcomb Ma or
AooR'SS 300 North "D" St.
San Bernardino, CA
FUND TITLE
General
JUt 1 C !~\9'?
TITLE
Procurement and Support Services Officer
AMOUNT ENCUMBERED BY THIS PROGAAMICATEGORY (CODE AND TITLE)
DOCUMENT
92418
.0
$ 5,000.00
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
(OPTIONAL USE)
0000009080
TOTAL AMOUNT ENCUMBERED TO
DAlE
$
OB
I hereby certify upon my own personal knowledge that budgeted funds
are avaifab riod and purpose of the expenditure stated above.
SlGNATU OUNTING 0 FICER
I>
D CONTRACTOR
o STATE AGENCY
D DEPT. OF GEN. SEA.
o CONTROLLER
o
), ': , .,~
nANDARD AGREEMENT
,
TD " (REV 5 91j (q[Vl..'iSE)
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1. . , tractor Hgrees to indemnify, defend ands3\'e harmless the Slate, its officers, agents and e
from any an ( '~..a.w;Llosses accruing or resulting to any and all co " " I contractors,
materialmen, laborers and any other p or Of' " mg: or supplying work services,
materials or supplies in connection with th' ceo t liS ' om any andall claims and
losses accruing or resul . erson, firm or corporation \\'ho may be injure or
Cont performance of this contract.
,)
2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of snch termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall he deducted from any sum due the Contractor under this
agreement, and the balanu', if any, shall be paid the Contractor upon demand.
01. Without the written consent of the State, this agreement is not assignable hy Contractor either in whole
or in part.
5. Time is of the essenc(> in this agreement.
6. No alteration or variation of the terms of this contra'"t shall he valid unless made in writing and signed by
the parties hereto, and no oral undl'f'stnnding or agreement not incorporated herein, shall be binding on
an,Y of the parties hereto.
7. The consideration to be paid Contrartor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, includin~ tl'avel and per diem, unless
nthen\'is~ expressly so provided.
8. All contracts in excess of $10,000.00 will be subject to
the examination and audit of the Auditor General for a period
of three years after final payment under this contract.
9. By signing of this contract, the Contr~ctor does swear
under penalty of perjury that no more than one final unappealable
finding of contempt of court by a Federal Court has been issued
against contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of
a Federal Court which orders Contractor to comply with an order of
the National Labor Relations Board.
10. Contractor's, performance will be evaluated by the University
upon completion of 'the project and a Contract/Contractor Evalu-
ation, Std. Form '4, will be prepared and retained on file for
any ~ontract in excess of $5,000.00.
9161014
STATE OF CALIFORNIA
STANDARD AGREEMENT- :~~~~~~~~J~:AL
STD. 2 (REV.5.91)
CONTRACT NUMBER
W 927001
AM. NO.
2
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
2nd April 97
THIS AGREEMENT, made and entered into this day of , 19__ ,
in the State of California. by and between State of California, through its duly elected or appointed, qualified and acting
Truslees of Ihe California Slale University
TITLE OF OFFICER ACTING FOR STATE AGENCY
Procurement & Support Services Officer California State University, San Bernardino
CONTRACTOR'S NAME
, hereafter called the State, and
CITY OF SAN BERNARDINO
,hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and specifications, if any.)
AGREEMENT #W 927001 IS HEREBY AMENDED AS FOLLOWS:
Term of agreement has been extended from June 30, 1997 to June 30, 1998.
Increase amount encumbered by an amount not to exceed $1,000.00 for a new contract total amount not to exceed 6,666.91.
Increase to cover additional expenses to maintain and operate traffic signals at University Parkway and Northpark Boulevard through
June 30, 1998.
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.
o
CONTINUED ON
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
AGENCY Trustees of the California State University
ilfornia State Universit San Bernardino
~ ~t7A<~/~~n
CONTRACTOR
CONTRACTOR (If other than an individual, state whether Ii corporation, partnership, etc.)
TED NAME OF PERSON SIGNING
;./ ). L. Lemmond
TITLE
Procurement and SU
AMOUNT ENCUMBERED BY THIS
DOCUMENT
1,000.00
ort Services Officer
PROGRAM/CATEGORY (CODE AND TITLE)
ADDRESS 300 North "D" Street
San Bernardino CA
FUND TITLE
General
92418
Department of General S4f/vices
Use Only;,,:'> '
$
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
,
TOTAL AMOUNT ENCUMBERED TO
DATE
$ 6,666.91
I hereby certify I..fP8TJ my own p
are available. for ttte perio
SIGNATURE aUNT ICER
661 G-001-00 1
..-:'-"
"
"
V0000009080
D STATE AGENCY
D DEPT. OF GEN. SEA.
FISCAL YEAR
6-30-98
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$
S,666.91
ITEM
OBJECT CF EXPENDITURE (CODE AND TITLE)
BUDGET ACT 97/98
'>
o
o ow/edge that budgeted funds
urpose of the expenditure stated above.
T.B.A. NO.
D CONTROLLER
Standard Agreement #W 927001
City of San Bernardino
(Per RES NO 92-229 adopted 7/6/92)
Page 1 of 1 Pages
NO officer or employee of the City shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by
City under or in connection with any work, authority or jurisdiction not
delegated to the City under this agreement. It is also agreed that, pursuant
to Government Code Section 895.4, the City shall fully indemnify and hold
harmless the State of California, the Trustees of the California State
University, California State University, San Bernardino, and the employees,
officers and agents of each of them from any liability imposed by injury
(as defined in Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by City under or In connection with any work,
authority or jurisdiction not delegated to. the University under this agreement.
L