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Home My WebLink About1989-496 ~ , ~ ~, ~ " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 89-496 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO CONSTRUCTION OF A STORM DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL SITE; AND RESCINDING RESOLUTION NO. 89-438. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino City Unified School District relating to the construction of a storm drain for the North Verdernont Elementary School Site , a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be 16 17 18 19 20 21 22 obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 4 . Resolution No. 89-438 is hereby rescinded. 23 24 / / / / 25 / / / / 26 / / / / 27 / / / / 12/11/89 28 / / / / -- ;, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 12/11/89 28 RESO~ AUTHORIZING EXECUTION OF AGREEMENT WITH SAN BE.RNARDINO CITY UNIFIED SCHOOL DISTRICT RELATING TO S.TORM .DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL SITE I HEREBY CERTIFY that the foregoing resolution \Vas duly adopted by the Mayor and Common Council of the Ci ty of San Bernardino at a n:~gl1 1 A r meeting thereof, held on the _.JJll.h day 0 f J)p.r.p.mhpr , 1989, by the following vote, to-wit~ AYE S : Council Hembers Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member Pope-Ludlam The foregoing resolution is /'1 ;Ii. day of December , 1989. Approved as to form and legal content: James F. Penman City Attorney By Oc~~ -; /~ o ' - 2 - .. AGREEMENT CONSTRUCTION OF STORM DRAIN FOR NORTH VERDEMONT ELEMENTARY SCHOOL THIS AGREEMENT is entered into this 19th day of December ,19 89, between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City," and the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereafter referred to as "District." RECITALS WHEREAS, District and City desire to provide flood protection through the construction of a storm drain adjacent to the proposed North Verdemont Elementary School site, hereinafter the "Development;" and WHEREAS, City and District desire to enter into an agreement setting forth the terms and conditions under which the District will advance the necessary funds and the City will construct the storm drain, for the benefit of the proposed Development and future development. COVENANTS NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and of the covenants and conditions contained herein, City and District agree as follows: SECTION 1. CONSTRUCTION wi thin thirty (30) days following the approval of this agreement by City, City shall prepare construction plans, specifi- cations and an estimate, and seek competitive bids for construc- tion of the storm drain in the manner in which it is authorized by law to conduct said bidding. Upon receipt of said bids, City shall thereafter determine the lowest responsible bidder and award to that bidder or otherwise reject all bids and rebid the project. In the event that the lov., bid is in excess of the Engineer's Estimate, City shall obtain the written approval of District prior to awarding the contract. Ci ty shall thereafter administer the construction of the storm drain to its completion in accordance with its normal practices and procedures. SECTION 2. COST OF CONSTRUCTION District shall fully fund the construction of the storm drain subject to reimbursement by City, as provided in Section 3 hereof. Within thirty (30) days of City's award of the contract to the lowest responsible bidder, District shall pay twenty-five EXHIBIT "A" percent (25%) of the total cost of construction contract for the storm drain to City. District shall thereafter reimburse City for monthly progress payments due from City to the contractor as they become due to completion of the storm drain. SECTION 3. REIMBURSEMENT OF DISTRICT City shall reimburse District for the entire cost of the construction contract without interest, over a five (5) year period in five (5) equal annual installments. The first install- ment shall be due one (1) year from the date of the first payment by the District to the City. SECTION 4. HOLD HARMLESS City shall hold harmless and indemnify District, its governing board, and its officers and employees, from every claim or demand of whatever nature which may be made by reason of City's construction of the storm drain under this agrAement. Ci ty, at its own cost, expense and risk shall defend any legal proceedings which may be brought against District on any claim or demand of whatever nature arising out of construction of the storm drain under this Agreement and shall satisfy any judgment that may be rendered against any of them. The City shall notify the company of the receipt of any such claim or demand. District shall hold harmless and indemnify City from every claim or demand of whatever nature which may be made by reason of District's performance under this agreement. District at its own cost, expense and risk shall defend any legal proceedings that may be brought against City, its City Council, officers and employees, on any claim or demand of vvhatever nature arising out of its performance under this agreement. SECTION 5. DESIGNATED REPRESENTATIVE The parties hereby designate their respective representa- tives who shall have sole and complete authority to act on behalf of the parties on all aspects of this agreement as follows: City: Roger G. Hardgrave Director of Public Works/City Engineer District: Harold Boring Assistant Superintendent Administrative Services Each party shall have the right, from time to time, to designate a different representative by notice given as provided herein. - 2 - ~ , . \ .. SECTION 6. ENTIRE AGREEMENT AND MODIFICATION This agreement parties, there being agreements not herein change or modification valid unless the same parties hereto. expresses the whole agreement between the no representations, warranties, or other expressly set forth or provided for. No of or addition to this agreement shall be shall be in writing and signed by both IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year set forth below. Dated: t:~',r~Ie</ Ii,,/)'i ATTEST: , .'1~' ~ ___Lft4:~&J I~ !fL~ J<-".,,- Qi.ty Clerk ~Zt: (~.(.) {~{...:r_ ," (Jlj!<'*fJ Dated: ~{t 19198' CITY OF SAN --L ~~' , SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By ~ 1~ HAROLD L. B~Ed.D. Assistant Superintendent Administrative Services Approved as to form and legal content: James F. Penman City Attorney BY~ U .1 "f'/ 'fJ~~ , - 3 -