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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: December 8, 2005
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MA YOR OR HER DESIGNEE TO EXECUTE
TWO CONTRACTS WITH THE COUNTY OF
SAN BERNARDINO FOR THE PERRIS HILL
SENIOR CENTER EXPANSION PROJECT IN
THE AMOUNT OF $550,000 AND TO INSTALL
WATER PARKS AT (3) FORMER WADING
POOL SITES IN THE AMOUNT OF $400,000.
MICC Meeting Date: December 19, 2005
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation &
Community Services Dep!.
Synopsis of Previous Council Action:
None
Recommended Motion:
Motion 1:
Adopt Resolution
Motion 2: Authorize the Director of Finance to amend the FY 05-06 budget for the Perris Hill Senior Center
Expansion (243-363-5504-7494) by increasing revenue account 243-000-4651 by $550,000; increasing revenue
account 243-000-4620 by $73,700; increasing expenditure account 243-363-5504-7494 by $373,700; and place the
$250,000 of Park Construction funds originally anticipated to be used for this project back into fund balance to be
used for other projects in the future.
Motion 3: Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue account
243-000-4651 in the Park Construction Fund by $400,000 and increase the Park Construction expenditures in
account number 243-363-5504-7440 for the water park project as outlined in tile staffreportc
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Contact person: Lemuel P. Randolph
Phone: 5030
Supporting data attached: ~t~ffrpnnrt re<;n hll(h>e1 ;;. cnnfr:1c.t
Ward: City-wide
FUNDING REQUIREMENTS:
Amount: $873,750 I $400,000
Source: (Acct. No.) 243-363-5504-7494/243-363-5504-7440
(Acct. Description) Park Construction Fund
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or
her designee to execute two Contracts with the County of San Bernardino for the Perris Hill Senior
Center Expansion Project in the amount of $550,000 and to install water parks at (3) former wading pool
sites in the amount of $400,000.
Background:
The County of San Bernardino has agreed to provide one-time financial support to the City of San
Bernardino for two special projects. Attached are two contracts with the County of San Bernardino for
those projects. The first project is for the Perris Hill Senior Center Expansion Project in the amount of
$550,000 and the other project is a water park project located at Lytle Creek Park, Perris Hill Park and
Wildwood Park in the amount of $400,000.
The current estimated cost of the Perris Hill Senior Center Expansion Project is $873,750. The County
will fund $550,000, a RBZ grant for $251,000 and an U.S. Department of Housing and Urban
Development Initiative Special Purpose Grant will fund $72,750. The exhibit "A" attached to the
county contract for the Perris Hill Senior Center Expansion Project discloses the anticipated timeline for
this project, which indicates that bidding process should begin January 2006 and the completion of this
project as June 2007.
The Perris Hills Senior Center Expansion Project will expand the existing multi-purpose room an
additional 2,500-sq. ft. The project will include renovating the existing restrooms to comply with ADA
requirements, extending the lobby entrance, and installing a new entrance from the existing multi-
purpose room to 2151 Street.
The estimated cost for the water parks is $400,000. These facilities will provide a safe water play
experience at substantially reduced operations and maintenance costs compared to that of the wading
pools. The exhibit "A" attached to the county contract for the Water Park Project disclosed the
anticipated time line for this projecl, \\ :lich indicates that preparation of the RFP to begin December
2005 and completion of this project as November 2006.
Upon approval of these contracts from the Mayor and Common Council the Parks, Recreation and
Community Services Department will expedite the bidding process.
Financial Impact:
Both the Perris Hill Senior Center Project and the Water Park Project will both be fully funded from
funds received from the County and grants. There is no impact to the City's General Fund for either of
these projects. Two budget amendments are needed to properly set up the revenue and expense budgets
for both projects.
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Motion 1:
Recommendation:
Motion 2:
Motion 3:
Adopt Resolution.
Authorize the Director of Finance to amend the FY 05-06 budget for the Perris Hill
Senior Center Expansion (243-363-5504-7494) by increasing revenue account 243-000-
4651 by $550,000; increasing revenue account 243-000-4620 by $73,700; increasing
expenditure account 243-363-5504-7494 by $373,700; and place the $250,000 of Park
Construction funds originally anticipated to be used for this project back into fund
balance to be used for other projects in the future.
Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue
account 243-000-4651 in the Park Construction Fund by $400,000 and increase the Park
Construction expenditures in account number 243-363-5504-7440 for the water park
project as outlined in the staff report.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERt'lARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE TWO CONTR<\CTS WITH THE COUNTY OF SA:"I BERNARDINO FOR
THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUl\T
OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL
SITES IN THE AMOUNT OF $400,000.
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BE IT RESOLVED BY THE :\IA YOR AND COMMON COUNCIL OF THE
-, CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Resolution of the Mayor and Common Council of the City of San
>
Bernardino authorizing the Mayor or her designee to execute two Contracts with the County of
San Bernardino for financial assistance for the Perris Hill Senior Center Expansion Project in
the amount of S550.000 and a Water Park project in three parks in the amount of $400,000. A
copy of said agreement is attached hereto as ATTACHMENTS "A" and "B" and incorporated
hercin by reference in its entirety.
SECTIO:"l 2. The authorization granted hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the offiee of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE TWO CONTRACTS WITH THE COUNTY OF SAN BERNARDINO FOR
THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUNT
OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL
SITES IN THE AMOUNT OF $400,000.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor I
and Common Council of the City of San Bemardino at a
day of
. 2005, by the following
NAYS
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2005.
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Judith Valles. Mayor
City of San Bemardino
Approved as to
Fonn and legal content:
JAMES F. PENMAN,
;,,;, City Attomey
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ATTACHMENT "A"
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County Department Depl Orgn. Contractor's License No.
Countv Administrative Office
County Department Contract Representative Ph. Exl. Amount of Contract
Gerry Newcombe 387-9046 $550,000
Fund Depl. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
CJV CIP 6640 . 4030
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount
110
Project Name - -
City of San Bernardino - -
Perris Hills Sr. Ctr.
Expansion Project - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called COUNTY. and
Name
City of San Bernardino
Address
547 N. Sierra Way
San Bernardino, CA 92410
Phone Birth Date
(909) 384-5233
Federal ID No. or Social Security No.
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
pefiormance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and
attach plans. speCIficatIOns. and addenda. If any)
WHEREAS. the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to
provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to expand
the Perris Hills Senior Center located at 728 E. 21" Street located in the City of San Bernardino (hereinafter
referred to as PROJECT and more fully described in the attached Exhibit A); and
WHEREAS, the senior center is accessible to use by CITY and COUNTY residents alike; and
WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and
WHEREAS, the total project cost is estimated to be $622.750. and COUNTY is proposing to provide
$550,000 towards the construction costs for the PROJECT; and
WHEREAS, the CITY owns the site upon which the improvements will be constructed; and
WHEREAS. COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains
to such funding of the proposed project,
Page t of 4
ATTACHMENT "A"
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
1.2 Include completion of any applicable NEPA and CEQA requirements.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications.
1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the
California Public Contract Code and any other applicable federal, state or local laws.
1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-
Insurance Program in an amount and form to meet all applicable requirements of the Labor Code
of the State of California, including Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of the contractor and all risks to such persons under this Agreement
and Comprehensive General Liability and Automobile Liability Insurance to include contractual
coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General
and Automobile Liability policies shall have combined single limits for bodily injury and property
damage of not less than one million dollars ($1,000,000).
Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers,
employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
COUNTY or the CITY.
1.6 Provide adequate inspection of all items of work performed under the construction contract(s)
with CITY'S contractors or subcontractors for the PROJECT.
1.7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $550,000.
18 CITY shall be responsible for performing any repair or maintenance for the completed PROJECT
and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity.
19 Submit notice on CITY letterhead that a construction contract has been awarded for the
PROJECT and request payment for approved expenditures to CITY by COUNTY.
1.10 Notify COUNTY when the PROJECT is completed
2.0 COUNTY AGREES TO
2.1 Pay $550,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of
notification from the CITY that a construction contract has been awarded for the PROJECT.
3.0 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY, 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 COUNTY, its officers, employees, agents or volunteers in connection with
COUNTY's performance of Its obligations under this Agreement.
3.2 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 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.
33 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
Page 2 of 4
ATTACHMENT '"A"
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
34 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.
35 Except with respect to the parties' indemnification obligations contained herein, this Agreement
shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY
for the PROJECT.
3.6 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the
intended purpose or there are any funds remaining within three (3) years of execution of this
Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the
COUNTY to the City unless otherwise agreed by the parties.
3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party,
including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall
not apply to those costs and attorneys' fees directly arising from any third party legal action
against a party hereto and payable under paragraph 3.1 through 34.
38 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.
3.9 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.
3.10 Time is of the essence for each and every provision of this Agreement.
3.11 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 workdays. 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.
3.12 No supplement, modification, or amendment of this Agreement shall be binding unless executed
in writing and signed by both parties
3.13 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.
3.14 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.
3.15 This Agreement may be signed in counterparts, each of which shall constitute an original.
.
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ATTACHMENT "A"
"HIS 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
CITY OF SAN BERNARDINO
By ~
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Bill Postmus, Chairman, Board of SupervIsors
Dated:
Name
Judith Valles
SIGNED AND CERTIFIED THATA COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Title
Mavor
DENA SMITH, Clerk of the Board of
Supervisors of the County of San Bernardino
Dated:
By
Address
Deputy
Approved as to form
and Legal Content:
JAMES F. PENMAN,
City p"ttorney
By:
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Exhibit A
City of San Bernardino - Perris Hill Senior Center Expansion Project
DESCRIPTIO,,: The project will expand the existing multi-purpose room an additional
2,500 sq. ft. The project will include renovating the existing restrooms to comply with
ADA requirements, extending the lobby entrance for access to new addition, and
installing a new entrance from the existing multi-purpose room to 21st Street.
LOCATlO:-;: Perris Hill Senior Center is located at 780 E. 21st Street in the City of San
Bernardino.
TIMELINE:
Architectural plans for this project were completed in October 2002, so the project will
move forward quickly.
1106 -
2/06 -
4/06 -
6/07 -
Advertise & bid process
Council Approval
Construction begins
Project completion
BUDGET:
$ 550,000
$ 72,750
County Grant for construction cost
U.S. Department of Housing and Urban Development Initiative Special
Purpose Grant Program for contingency/furnishings
ATTACHMENT "B"
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County Department Oepl. Orgn Contractor's license No.
County Administrative Office
County Department Contract Representative Ph. Ex!. Amount of Contract
Gerry Newcombe 387-9046 $400,000
Fund Depl. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
CJV CIP 6605 4030 ,
Commodity Code 1,/0 Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount
Project Name - -
City of San Bernardino - -
Water Park Project - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
ST ANDARD CONTRACT
THIS CONTRACT IS entered into in the State of California by and between the County of San Bernardino, hereinafter
called COUNTY, and
Name
City of San Bernardino
Address
547 N. Sierra Way
CITY
hereinafter called
San Bernardino, CA 92410
'one Birth Date
(909) 384-5233
FederallD No. or Social Security No.
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set fanh service to be rendered, amount to be pard, manner of payment, time for
perlormance or completion, determination of sa,tJsfactory performance and cause for termination, other terms and conditions, and
attach plans, speciflcatrons. and addenda, if any.)
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to
provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to replace
the wading pools with new automatic draining play systems for the following three CITY parks located in the
City of San Bernardino (hereinafter referred to as PROJECT and more fully described in the attached Exhibit
A):
Lytle Creek Park - 380 S. "K" Street
Perris Hill Park - 901 E. Hi~hland Avenue, West of 21" Street
Wildwood Park - 536 E. 40" Street
And
WHEREAS, the parks are public parks and are accessible to use by CITY and COUNTY residents
alike; and
WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and
Page 1 of 4
ATTACHMENT "B"
WHEREAS, the total project cost is estimated to be $400,000, and COUNTY is proposing to provide
3400,000 towards the construction costs for the PROJECT; and
WHEREAS, the CITY owns the sites upon which the improvements will be constructed; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains
to such funding of the proposed project,
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows
1.0 CITY AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
12 Include completion of any applicable NEPA and CEQA requirements.
13 Construct the PROJECT by contract in accordance with the plans and specifications.
1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the
California Public Contract Code and any other applicable federal, state or local laws.
1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-
Insurance Program in an amount and form to meet all applicable requirements of the Labor Code
of the State of California, including Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of the contractor and all risks to such persons under this Agreement
and Comprehensive General Liability and Automobile Liability Insurance to include contractual
coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General
and Automobile Liability policies shall have combined single limits for bodily injury and property
damage of not less than one million dollars ($1,000,000).
Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers,
employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
COUNTY or the CITY.
1.6 Provide adequate inspection of all items of work performed under the construction contract(s)
with CITY'S contractors or subcontractors for the PROJECT.
1.7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $400,000.
1.8 CITY shall be responsible for performing any repair or maintenance for the completed PROJECT
and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity.
19 Submit notice on CITY letterhead that a construction contract has been awarded for the
PROJECT and request payment for approved expenditures to CITY by COUNTY.
1.10 Notify COUNTY when the PROJECT is completed.
2.0 COUNTY AGREES TO:
2.1 Pay $400,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of
notification from the CITY that a construction contract has been awarded for the PROJECT.
30 IT IS MUTUALLY AGREED:
3.1 COUNTY agrees to indemnify and hold harmless the CITY, 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 COUNTY, its officers, employees, agents or volunteers in connection with
COUNTY's performance of its obligations under this Agreement.
3.2 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 property arising out of
Page 2 of 4
ATTACHMENT "B"
any act or omission of CITY, its officers, employees, agents or volunteers in connection with
CITY's performance of its obligations under this Agreement.
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
3.4 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.
3.5 Except with respect to the parties' indemnification obligations contained herein, this Agreement
shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY
for the PROJECT.
36 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the
intended purpose or there are any funds remaining within three (3) years of execution of this
Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the
COUNTY to the City unless otherwise agreed by the parties.
3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party,
including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall
not apply to those costs and attorneys' fees directly arising from any third party legal action
against a party hereto and payable under paragraph 3.1 through 3.4.
3.8 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.
39 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.
3.10 Time is of the essence for each and every provision of this Agreement.
3.11 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 workdays. 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.
3.12 No supplement, modification, or amendment of this Agreement shall be binding unless executed
in writing and signed by both parties.
3.13 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.
3.14 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.
3.15 This Agreement may be signed in counterparts, each of which shall constitute an original.
.
.
.
Page 3 of 4
A TT ACHME"JT "B"
rllS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
f-'arties.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By ~
~
Bill Postmus, Chairman, Board of Supervisors
Dated:
Name
Judith Valles
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Title
Mavor
DENA SMITH, Clerk of the Board of
Supervisors of the County of San Bernardino
Dated:
By
Address
Deputy
npproved as to form
and Legal Content:
JAMES F. PEt~N,
City Attorney
By:
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Reviewed for Processing
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Agency Administrator/CAO
:}ate
Date
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Exhibit A
City of San Bernardino - Water Park Project
DESCRIPTIO)\;: The Water Park Project consists of three locations: Perris Hill Park, Lytle
Creek Park, and Wildwood Park. These projects will replace wading pools
that do not meet current code, and require costly ongoing maintenance. It
will provide an interactive fun play experience for minimal operational
cost and personal safety risk. This project will be accomplished via a
design competition RFP.
LOCATIO=":
Lytle Creek Park
Address
380 S. "K" Street
(located behInd recreation center)
Dimensions
63' dia.
Perris Hill Park
901 East Highland Ave. W. 21 s< Street
(adjacent to Jerry Lewis swim center)
45' X 45'
Wildwood Park
536 E. 40th Street
(located next to playground equipment)
60' X 40'
BLUGET:
$300,000 for water play apparatus, PYC piping, installation, electric control box,
concrete splash pad and drain pads.
$100,000 to demo and dispose of existing concrete pads, install water and electrical
sources, signage, and miscellaneous contingency cost.
Total project budget: $400,000
TI,IEU:"iE:
12/05
1106 -
2/06 -
5/06 -
8/06 -
11/06 -
Prepare RFP
Advertise RFP's and recei ve proposals
Council award of contract
Demo and prepare sites
Receive parts and equipment
Project Completion
ORIGINAL
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E X New Vendor Code Depl. Contract Number
M Change SC CLB A
X Cancel
County Department Dep! Orgn. Contractor's license No.
County Administrative Office
County Department Contract Representative Ph. Ex!. Amount of Contract
Gerry Newcombe 387-9046 $550,000
Fund Dept Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
CJV CIP 6640 , 4030
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount lID FY Amount
110
Project Name - -
City of San Bernardino - -
Perris Hills Sr. Ctr.
Expansion Project - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter
called COUNTY, and
Name
City of San Bernardino
Address
547 N. Sierra Way
San Bernardino, CA 92410
Phone Birth Date
(909) 384-5233
FederallD No. or Social Security No.
hereinafter called
CITY
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set fori!? 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.)
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to
provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to expand
the Perris Hills Senior Center located at 728 E. 21st Street located in the City of San Bernardino (hereinafter
referred to as PROJECT and more fully described in the attached Exhibit A); and
WHEREAS, the senior center is accessible to use by CITY and COUNTY residents alike; and
WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and
WHEREAS, the total project cost is estimated to be $622,750, and COUNTY is proposing to provide
$550,000 towards the construction costs for the PROJECT; and
WHEREAS, the CITY owns the site upon which the improvements will be constructed; and
WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains
to such funding of the proposed project,
Page 1 of 4
i JOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Act as the Lead Agency in the design and construction of the PROJECT.
1.2 Include completion of any applicable NEPA and CEQA requirements.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications.
1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the
California Public Contract Code and any other applicable federal, state or local laws.
1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self-
Insurance Program in an amount and form to meet all applicable requirements of the Labor Code
of the State of California, including Employer's liability with $250,000 limits, covering all persons
providing services on behalf of the contractor and all risks to such persons under this Agreement
and Comprehensive General liability and Automobile liability Insurance to include contractual
coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General
and Automobile Liability policies shall have combined single limits for bodily injury and property
damage of not less than one million dollars ($1,000,000).
Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required
coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers,
employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributorv - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
COUNTY or the CITY.
1.6 ProVide adequate inspection of all items of work performed under the construction contract(s)
with CITY'S contractors or subcontractors for the PROJECT.
1 7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $550,000.
1.8 CITY shall be responSible for performing any repair or maintenance for the completed PROJECT
and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity.
1.9 Submit notice on CITY letterhead that a construction contract has been awarded for the
PROJECT and request payment for approved expenditures to CITY by COUNTY.
1.10 Notify COUNTY when the PROJECT is completed.
20 COUNTY AGREES TO:
2.1 Pay $550,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of
notification from the CITY that a construction contract has been awarded for the PROJECT.
3.0 IT IS MUTUALLY AGREED:
'3 1 COUNTY agrees to indemnify and hold harmless the CITY, 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 COUNTY, its officers, employees, agents or volunteers in connection with
COUNTY's performance of its obligations under this Agreement
3.2 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 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
3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
(::OUNTY. and/or CITY shall mdemnify the other to the extent of ItS comparative fault
F"rthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers'
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Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
3.4 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.
3.5 Except with respect to the parties' indemnification obligations contained herein, this Agreement
shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY
for the PROJECT.
36 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the
intended purpose or there are any funds remaining within three (3) years of execution of this
Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the
COUNTY to the City unless otherwise agreed by the parties.
3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party,
including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall
not apply to those costs and attorneys' fees directly arising from any third party legal action
against a party hereto and payable under paragraph 3.1 through 3.4.
3.8 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.
39 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.
3.10 Time is of the essence for each and every provision of this Agreement.
3.11 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 workdays. 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.
312 No supplement, modification, or amendment of this Agreement shall be binding unless executed
in writing and signed by both parties.
313 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.
3.14 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.
3.15 This Agreement may be signed in counterparts, each of which shall constitute an original.
.
.
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,JIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both
" .(tles.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By ~
~
Bill Postmus, Chairman, Board of Supervisors
Dated:
Name
Judith Valles
SIGNED AND CERTIFIED THAT A COPY OF THIS
uOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Title
Mavor
DENA SMITH, Clerk of the Board of
Supervisors of the County of San Bernardino
Dated:
By
Address
Deputy
Approved as to Form
and Legal Content:
JAMES F. PENMAN,
City A~torney
,
By:
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Approved as to Legal Form
Reviewed by Contract Compliance
Reviewed for Processing
.nty Counsel
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Agency Administrator/CAG
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Date
Date
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