HomeMy WebLinkAbout1989-191
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RESOLUTION NO.
89-191
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 facili ties at Universi ty Parkway 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 modifica-
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
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18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
20
SECTION 3.
This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23
I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the Ci ty of San
25 Bernardino at a
regular
meeting thereof, held on the
26 19th day of
June
, 1989, by the following vote, to-wit:
27
28
AYES:
Council Members
Estrada, Reilly, Flores, Maudsley,
Minor, ~?pe-Ludlam, Miller
5/31/89
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1
2
3
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5
NAYS:
None
ABSENT:
None
The foregoing resolution is
6
cZ:Jk"j day of
June
7
8
9
Approved as to form
10 and legal content:
11 James F. Penman
City Attorney
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5/31/89
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hereby g'pprovegP this 4
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, 1989.
ST ANDARD . AGREEMENT - ~~~~~~~ ~~NT:REAL
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51:,aTE OF CAlIFORNI~ .. <
STD. 2 (R~V. 2/8~,
EXHIBIT nAn
U CONTRACTOR
o 'STATE AGENCY
o DEPT. OF GEN. SER.
o CONTROLLER
o
o
o
THIS AGHEE~1ENT, made and entered into this 1st date of May , 19~,
ill the State of California, by and between State of California, through its duly elected or appointed,
qualified and adin~
Trustees of the California State University
TITLi: OF OFFICER ACTING FOR STATE
Procurement and Support
Services Officer
AGENCY
California State
San Bernardino
CONTRACT NUMBER
AM, NO.
49890023
hereafter called the Contractor. CONTRACTOR'S 1.0. NUMBER
N/A
CITY OF SAN BERNARDINO
\VITNESSETH: 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 scniCl' to he rC/ldercd IJI} Contractor. anlOlmt to he paid Contractor, time for performance or completion. and attach pla/ls and specifications, 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, California, 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 with completion of the traffic signal installation and will
terminate three (3) years later, at which time the service fee will be renegotiated.
CONTINUED ON ~ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The prO\isiolls Oil the reverse side hereof l'onstituk a part of this agreement.
1:\ \\Tr:\ESS \VHEHEOF. this agreement has been eX(,L'ukd by tht" parties hereto, upon the date first above written.
5T A Tf; OF C;ALlFORNIA
Trustees of the Callfornla State Universit
AGENCY
CONTRACTOR
San Bernardino
ADDRESS
CONTRACTOR (IF OTHER THAN AN INDIVIDUAL. STA
PARTNERSHIP. ETC.)
J. L. Lemmond
TITLE
Procurement & Support Services Officer
AMOUNT ENCUMBERED
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
UNENCUMBERED BALANCE
lOPTIONAL USE)
Department of General Services
Use Only
8 3,000.00
8
VC#000003235
FISCAL YEAR
ADJ. INCREASING ENCUMBRANCE ITEM
8
ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE)
8
I hne/1I1 cntif/ll/pOIl 1/1/1 (JIlIl pnsOIllI1 klllJld('(lgc thaI/Jlldg('/('(1 funds are
(/t'ailah/e for till' penoel allel/lltr/JlJS(' of th/' /'xp('1I(Ii1llr/' slat('(1 ahove.
B.R. NO.
x
I' 'hy cerlifl/ Ihal all ('()Ilelifiolls for ('x/'mpti(JI/ s/'t forth in State .\dministrative ,\laTllwl Sectioll 1:2(J.<) have
1)('/'11 mmplil'lllL'ith aTld this document is exempt from revini' hl/ the J)cpartll/(,Tlt of FiIWIlCC.
U / OF,. F.IC.E.R SIG.NING Or:-'. ~~LF .OF THE AGENCY
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:2. The Contractor, and the agents and employees of Contractor, in the performallct' of this agret'-
flwnL shall act ill an independent capacity and not as officers or employees or agt'llts of State of
California.
:3. The State may terminate this agreement and be rt'lieved of tlw payment of any cOllsideration to
Contractor should Contractor fail to perform the covenants hen'in ('ontained at tht' tinlt' and in the
manner herein provided. In the event of such termination the Statt' may procet'd with dw work in any
manner det'mt'd propt'r by tlw State. Tht' cost to tIlt' State shall bt> deducted from any slim dlw the
Contractor IInder this agreement. and the balance, if any. shall be paid tht, Contractor IIpon demand.
-to \\" i t hout tIll' w ri tten ('onSt'nt of t ht, State. this agreemf'nt is not assignahlt, h~ (:on t factor ei t her in
\dlOle or in part.
.5. Time is of the t'ssence in this agreement.
6. 1\0 alteration or variation of the tt'nns of this contract shall he \alid unlt'ss Illadt' in \\Titing and
signed by the parties hereto, and no oral understanding or agreelllent not incorporatt>d herein. shalllw
binding OIl any of tll(> parties hereto.
7. The consideration to be paid Contractor. as provided IH'rein. shall I}(' in compt'nsation for all of
Contractor's expenses incurred in the performaJl<.'e hewof. incllldi Jlg t ra H,I ami per d iern. 1I1IIt'sS ot her-
wise 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. Bysigning of this contract, the Contractor does swar 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 becuase of Contractor's failure to
comply with an order of a Federal Court which orders Contractor to comply
with an order of the National Relations Board.
85 35450
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STANDARD AGREEMENT #49890023
CITY OF SAN BERNARDINO
PAGE 2 OF 2 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.