HomeMy WebLinkAbout2005-433
Ii
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
RESOLUTION NO. 2005-433
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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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 $550,000 and a Water Park project in three parks in the amount of $400,000. A
copy of said agreement is attached hereto as A TT ACHMENTS "A" and "B" and incorporated
herein by reference in its entirety.
SECTION 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 office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
III
17
18
19
20
21
22
23
24
III
III
III
III
III
III
III
25
III
26
27
28
III
III
2005-433
I
I
1 ' I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
II OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
2.. EXECUTE TWO CONTRACTS WITH THE COUNTY OF SAN BERNARDINO FOR
I THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUNT
3 OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL
4 I SITES IN THE AMOUNT OF $400,000.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 19th day of December , 2005, by the following
6
7
8
9
10
11
12
13
14
vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
-
MCGINNIS X
DERRY X
KELLEY -L-
JOHNSON X
MC CAMMACK X
15
16
17
18
Hi
20
21
2005.
Q~ !J.~J__
,
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this }Y:;? day of ~~cember
~.
22 Neil Derry, Mayor Pro Tern
City of San Bernardino
23 Approved as to
Form and legal content:
24
25
JAMES F. PENMAN,
City Attorney
\ )
Bo"' + J(o.,-,~
26
27
28
2005-433
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
January 24, 2006
FROM: JOSIE GONZALES, 5th District Supervisor
Board of Supervisors
SUBJECT: AGREEMENTS WITH CITY OF SAN BERNARDINO REGARDING ONE.TIME
COUNTY SUPPORT FOR SPECIAL PROJECTS
RECOMMENDATION:
1. Approve Agreements with the City of San Bernardino authorizing contributions to the
following projects:
Aaree.
No.
06.59
06.60
Perris Hills Senior Center Expansion Project - $550,000
Water Park Projects (Lytle Creek Park, Perris Hill Park, and Wildwood Park) -
$400,000
2. Authorize the Auditor/Controller-Recorder to adjust appropriations in the Capital
Improvement Program as detailed in the financial impact section. (4 votes required)
BACKGROUND INFORMATION: On November 1, 2005, the Board of Supervisors approved
one-time funding for deferred maintenance/infrastructure projects including several items where
the County is participating in City-sponsored projects that provide benefits to County residents.
In San Bernardino, those projects include:
Perris Hills Senior Center Expansion Proiect - $550,000
The City desires to expand and improve the Perris Hills Senior Center located at 728 E. 21st
Street in the City of San Bernardino. The County's contribution of $550,000 will be used for
construction costs to add 2,500 square feet of space and a new entrance to the multi-purpose
room, renovate restrooms, and extend the lobby entrance.
Water Park Proiect - $400,000
The County's contribution of $400,000 will be used to replace the wading pools with new
automatic draining play systems for three city parks:
.
Lytle Creek Park - 380 S."K" Street
Perris Hill Park - 901 E. Highland Avenue, West of 21st Street
Wildwood Park - 536 E. 40th Street
.
.
Approval of these agreements will establish the conditions under which the County will release
the previously authorized funds to the City of San Bernardino and the City's commitment to use
the funds for the stated purposes.
mil
MOTION
SECOND
5
cc: CAO - Newcombe w/agree.
City w/agreement c/o CAO
Auditor - Valdez w/agree.
IDS w/agreement
Risk Management
BOS - Gonzales
Co. Counsel - Scolastico
CAO - Lowe
File w/agreement
BY
Rev 07/97
ITEM 077
2005-433
ORIGINA!
,
E x New Vendor Code Dept. Contract Number
I- ~C
M Change CLB ~ 06-60
l-
X Cancel
County Department Dept. Orgn. Contractor's License No.
County Administrative Office
County Department Contract Representative Ph. Ext. Amount of Contract
Gerry Newcombe 387-9046 $400,000
Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
CJV CIP 6605 4030
,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount
I/O
Project Name - -
City of San Bernardino - -
Water Park 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 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.)
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. uK" Street
Perris Hill Park - 901 E. Hi~hland Avenue, West of 21st Street
Wildwood Park - 536 E. 40 h 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
2005-433
WHEREAS, the total project cost is estimated to be $400,000, and COUNTY is proposing to provide
$400,000 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.
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 Primary 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.
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.
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.
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
Page 2 of 4
2005-433
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.
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 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.
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.
*
*
*
*
Page 3 of 4
2005-433
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.
:OUNTYt{;~ _
Bill Postmus, Chairman, Board of Supervisors
CITY OF SAN BERNARDINO
By ~
0,,~/
J
Dated:
IAN 2 4 ?nnfi
Name
NeiL De_rry
Title Mayor Pro Tem
Dated:
1:1IY105~
I
) \5lJ rf, v~D il/f} ,
~ 112 tA (1')~ l'l
By
Address
Approved as to Form
and Legal Content:
JAMES F. PENMAN,
City Attorney
Approved as to Legal Form
/-,
Reviewed by Contract Compliance
Reviewed for Processing
~
~
Agency Administrator/CAO
Date ;. 1'\, O(>~
Date
Date
Page 4 014
2005-433
Exhibit A
City of San Bernardino - Water Park Project
DESCRIPTION: 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.
LOCATION:
Lytle Creek Park
Address
380 S. "K" Street
(located behind recreation center)
Dimensions
63' dia.
Perris Hill Park
901 East Highland Ave. W. 21st Street
(adjacent to Jerry Lewis swim center)
45' X 45'
Wildwood Park
536 E. 40th Street
(located next to playground equipment)
60' X 40'
BUDGET:
$300,000 for water play apparatus, PVC 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
TIMELlNE:
12/05 -
1/06 -
2/06 -
5/06 -
8/06 -
11/06 -
Prepare RFP
Advertise RFP's and receive proposals
Council award of contract
Demo and prepare sites
Receive parts and equipment
Project Completion
2005-4 3
FROM:
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
January 24, 2006
JOSIE GONZALES, 5th District Supervisor
Board of Supervisors
SUBJECT: AGREEMENTS WITH CITY OF SAN BERNARDINO REGARDING ONE-TIME
COUNTY SUPPORT FOR SPECIAL PROJECTS
RECOMMENDATION:
1. Approve Agreements with the City of San Bernardino authorizing contributions to the
following projects:
Aaree.
No.
06-59 Perris Hills Senior Center Expansion Project - $550,000
06-60 Water Park Projects (Lytle Creek Park, Perris Hill Park, and Wildwood Park) -
$400,000
2. Authorize the Auditor/Controller-Recorder to adjust appropriations in the Capital
Improvement Program as detailed in the financial impact section. (4 votes required)
BACKGROUND INFORMATION: On November 1, 2005, the Board of Supervisors approved
one-time funding for deferred maintenance/infrastructure projects including several items where
the County is participating in City-sponsored projects that provide benefits to County residents.
In San Bernardino, those projects include:
Perris Hills Senior Center Expansion Proiect - $550,000
The City desires to expand and improve the Perris Hills Senior Center located at 728 E. 21st
Street in the City of San Bernardino. The County's contribution of $550,000 will be used for
construction costs to add 2,500 square feet of space and a new entrance to the multi-purpose
room, renovate restrooms, and extend the lobby entrance.
Water Park Proiect - $400,000
The County's contribution of $400,000 will be used to replace the wading pools with new
automatic draining play systems for three city parks:
.
Lytle Creek Park - 380 S."K" Street
Perris Hill Park - 901 E. Highland Avenue, West of 21st Street
Wildwood Park - 536 E. 40th Street
.
.
Approval of these agreements will establish the conditions under which the County will release
the previously authorized funds to the City of San Bernardino and the City's commitment to use
the funds for the stated purposes.
BY
SECOND
5
cc: CAO - Newcombe w/agree.
City w/agreement c/o CAO
Auditor - Valdez w/agree.
IDS w/agreement
Risk Management
BOS - Gonzales
Co. Counsel - Scolastico
CAO - Lowe
File w/agreement
MOTION
mil
Rev 07/97
ITEM 077
BOARD OF SUPERVISORS
AGREEMENTS WITH CITY OF SAN BERNARDINO REGARDING ONE-TIME COUNTY
SUPPORT FOR SPECIAL PROJECTS
January 24, 2006
Page 2 of 2
Since the City of San Bernardino will be the lead on the construction of these improvements and
will pay the contractor and own the assets upon project completion, recommendation No. 2
transfers the contributions to the appropriate expenditure budget code (Contributions to Other
Agencies) within the Capital Improvement Program budget.
REVIEW AND APPROVAL BY OTHERS: This item has been reviewed and approved by County
Counsel (Charles S. Scolastico, Deputy County Counsel, 387-5489) on January 13, 2006, and by
the County Administrative Office (Janet Lowe, Administrative Analyst, 387-5380) on January 13,
2006.
FINANCIAL IMPACT: Approval of these agreements has no additional impact on the General
Fund. This action merely allows for the contribution of funds to the projects approved by the
Board on November 1, 2005 and the transfer of funds to the appropriate expenditure object
codes. The following budget adjustments are requested:
CJV CIP CIP 6605 430 4030 Structures and Improvements to Structures
CJV CIP CIP 66053003305 Contributions to Other Agencies
($550,000)
$550,000
($400,000)
$400,000
CJV CIP CIP 6640 430 4030 Structures and Improvements to Structures
CJV CIP CIP 66403003305 Contributions to Other Agencies
SUPERVISORIAL DISTRICT(S): Fifth
PRESENTER: Josie Gonzales, 5th District Supervisor, 387-4565
01/24/06 077
2005-433
E X New Vendor Code Dept. Contract Number
I'-'
M Change SC CLB A 06-59
l-
X Cancel
County Department Dept. 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 3305
,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount lID FY Amount
I/D
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 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.)
WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter refer-red 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
2005'-433
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 Primary 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.
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.
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.
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'
Page 2 of 4
20.05-~33
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.
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 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.
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.
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.
This Agreement may be signed in counterparts, each of which shall constitute an original.
3.14
3.15
*
*
*
*
*
*
*
*
*
*
Page 3 of 4
", ,2005":'433
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 ~ERNA
~ ~.,
Bill Postmus, Chairman, Board of Supervisors
CITY OF SAN BERNARDINO
By ~
/ j
p"/"
'r"
-'-
Dated:
JAN 2 4 2006
Name
Neil Derry
Tille M;1VQr Pro Tern
By
Address
--4 . ir~
Dated: )'7
lOe tJ. I\D'irf.
L}p) tA q)/~I~
Approved as to Form
and Legal Content:
JAMES F. PENMAN,
City A~torney
I
By:
""
Approved ,as to Legal Form
Reviewed by Contract Compliance
Reviewed for Processing
~ " '-. /
County Counsel
~
~
Agency Administrator/CAO
Date
l II 6(,
Date
Date
Page 4 of 4
2005-433
Exhibit A
City of San Bernardino. Perris Hill Senior Center Expansion Project
DESCRIPTION: 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.
LOCATION: 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.
1/06 -
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