HomeMy WebLinkAbout2010-007
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RESOLUTION NO. 20] 0-7
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FOR THE MAINTENANCE OF A PORTION OF OLD WATERMAN
CANYON ROAD LYING OUTSIDE OF THE AREA ANNEXED TO THE CITY AS
ANNEXATION NO. 360 IN THE ARROWHEAD SPRINGS AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized and directed to execute an
Agreement with the County of San Bernardino relative to the maintenance of a portion of Old
Waterman Canyon Road, a copy of which is attached hereto as Exhibit "1" and made a part
hereof, lying outside of the boundaries of the area annexed to the City as Annexation No. 360 in
the Arrowhead Springs area, and as depicted on the map attached hereto as Exhibit "2" and made
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a part hereof.
SECTION 2. The authorization to execute this Agreement is rescinded if the parties to
the Agreement fail to execute it within ninety (90) days of the passage of this resolution.
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12/14/09
I
2010-7
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE
MAINTENANCE OF A PORTION OF OLD WATERMAN CANYON ROAD LYING OUTSIDE OF THE
AREA ANNEXED TO THE CITY AS ANNEXATION NO. 360 IN THE ARROWHEAD SPRINGS AREA.
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1 HEREBY CERTIFY that the foregoing'resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
held on the 19th day of January
Council Members: AYES NAYS
ESTRADA X
BAXTER x
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
X
MCCAMMACK
meeting thereof
, 2009, by the following vote, to-wit:
ABSTAIN ABSENT
~IJ,~
City lerk
The foregoing resolution is hereby approved this .;lPT" day of
12/14/09
JanU::lry
,2009.
~~
TRl J. MO~ Mayor
City 0 San Bernardmo
2
2010-7
FOR COUNTY USE ONLY
~ g New Vendor Code Depl. Contract Number
Change SC TRA A IO~7lP
Cancel
County Department , Depl. Orgn. Contractor's license No.
Public Works - Transportation TRA TRA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Brendan Biggs. P.E.. Chief (909)387-8166 $ 10,500
FAS n IS<I Fn ~ontract Type n Oth.,'
STANDARD CONTRACT If not encumbered or revenue contract tyee. crovide reason: !Maintenance AQreement
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
1-01-2010 12-31-2012 $ $
Fund Depl. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No Amount
SAA TRA TRA , 200 2445 , 35H14342 $ 10,500
Fund Depl. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No, Amount
, , $
Fund Depl. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No, Amount
, , $
Project Name Estimated Payment Total by Fiscal Year
Old Waterman Canyon Road FV Amount I/O FV Amount I/O
Maintenance 09/10 1,750 I 10/11 3,500 I
11/12 3.500 ...L 12/13 1.750 ...L
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called CITY
Address
300 North "D" Street
San Bernardino, CA 92418-0001
Telephone Federal 10 No. or Social Security No.
(909) 384 - 5211 95-6000772
IT IS HEREBY AGREED AS FOLLOWS:
,.
WITNESSETH
WHEREAS, the City of San Bernardino (hereinafter referred to as "CITY") is annexing a portion of its
sphere of influence, as defined in the Local Agency Formation Commission for San Bernardino County ("LAFCO"),
Item 3050 (Area 2); and
WHEREAS, the,maintenance responsibility for the portion Old Waterman Canyon Road in the annexed
area will now become the responsibility of the CITY; and
WHEREAS, the County of San Bernardino (hereinafter referred to as "COUNTY") desires that the
maintenance of the portion of Old Waterman Canyon Road, defined by Government Lot 5 of the Northwest quarter
of Section 2, Township 1 North, Range 4 West, San Bernardino Meridian, which will still be within the
unincorporated area and under the jurisdiction of the COUNTY, becomes the responsibility of the CITY; and
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 of 4
2010-7
WHEREAS, pursuant to Streets and Highways Code Section 1710, the COUNTY and CITY agree that the
CITY will maintain that portion of Old Waterman Canybn Road that lies within the COUNTY's jurisdiction, defined
by Government Lot 5 of the Northwest quarter of Section 2, Township 1 North, Range 4 West, San Bernardino
Meridian; and
WHEREAS, the funding for the maintenance activities for that portion of Old Waterman Canyon Road,
which lies within the unincorporated region and under the jurisdiction of the COUNTY will be from COUNTY road
funds; and
WHEREAS, the COUNTY and the CITY desire to set forth the responsibilities and obligations of each as
they pertain to the maintenance of Old Waterman Canyon Road which lies within the unincorporated region and
under the jurisdiction of the COUNTY.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1,0 CITY AGREES TO:
1.1 Maintain the road segment Old Waterman Canyon Road, defined by Government Lot 5 of
the Northwest quarter of Section 2, Township 1 North, Range 4 West, San Bernardino
Meridian, which lies within the COUNTY's jurisdiction, as indicated on the attached Exhibits
"A" and "B" (hereinafter referred to as "COUNTY's portion of Old Waterman Canyon Road"),
Said Exhibits are attached and incorporated into this Agreement by this reference.
1,2 Submit to the COUNTY, on a quarterly basis, an itemized accounting and invoice of actual
maintenance costs incurred by the CITY due to the maintenance of COUNTY's portion of
Old Waterman Canyon Road, In no event shall maintenance costs exceed $3,500 per year
without an amendment to this Agreement pursuant to paragraph 3.6.
1,3 Obtain COUNTY's approval prior to commencing any maintenance work that goes beyond
routine maintenance, Examples of maintenance work that exceeds routine maintenance
include road rehabilitation, retaining wall installation, etc., on the COUNTY's portion of Old
Waterman Canyon Road.
1.4 Advertise, award, administer, and initially fund the maintenjlnce work in accordance with the
provisions of the California Public Contract Code applicable to counties and require, as well
as enforce, CITY's contractors to comply with all applicable laws and regulations, including
Labor Code sections 1720 et seq. and 1770 et seq, that concern the payment of prevailing
wages. CITY shall indemnify, defend (with counsel reasonably approved by COUNTY), and
hold harmless COUNTY and its officers, employees, volunteers, and agents frorn any and
all claims, actions, losses, damages, and/or liability arising out of CITY'S obligations set
forth in this paragraph. '
1.5 Comply with any applicable CEOA requirements as well as completing the required CEOA
documents,
1,6 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited
into the CITY's designated checking or other bank account. The CITY shall promptly comply
with directions and accurately complete forms provided by COUNTY required to process
EFT payments.
2,0 COUNTY AGREES TO:
2,1 Permit the CITY to maintain the road segment of Old Waterman Canyon Road, defined by
Government Lot 5 of the Northwest quarter of Section 2, Township 1 North, Range 4 West,
San Bernardino Meridian, which lies within the unincorporated region and under the
jurisdiction of the COUNTY.
2,2 Pay to the CITY, on a reimbursernent basis, the maintenance costs associated with
COUNTY's portion of Old Waterman Canyon Road, In no event shall maintenance costs
Old Waterman Canyon Rd maintenance
Page 2 of 4
2010-7
exceed $3,500 per year without an amendment to this Agreernent pursuant to paragraph
3,6,
2,3 The Director of the Department of P~blic Works shall designate and provide a qualified
representative who shall have the authority to discuss and review CITY's request to perform
maintenance work that goes beyond routine maintenance work on the COUNTY's portion of
Old Waterrnan Canyon Road.
3,0 IT IS,MUTUALL Y AGREED:
3.1 The CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and
hold harrnless the COUNTY and its authorized officers, ernployee, agents and volunteers
from any and all c1airns, actions, losses, darnages, and/or liability arising out of the CITY's
perforrnance of CITY's obligations under this Agreement.
3.2 In the event of litigation arising frorn this Agreernent, each Party to the agreernent shall bear
its own costs, including attorney(s) fees, This paragraph shall not apply to the costs or
attorney(s) fees relative to paragraph 3,1,
3,3 The CITY is an authorized self-insured publiC entity for purposes of Professional Liability,
Automobile Liability, General Liability, and Workers' Compensation and warrants that
through its prograrn of self-insurance, it has adequate coverage or resources to protect
against liabilities arising out of CITY's perforrnance of this Agreernent.
3.4 CITY shall require all contractors and vendors working on COUNTY's portion of Old
Waterrnan Canyon Road to have appropriate and adequate insurance coverage for the
mutual protection and benefit of the parties.
3,5 This Agreernent shall be for a term of three (3) years and shall terminate on December 31,
2012, but may be terminated by either party (with or without cause) upon providing the other
party thirty (30) days advance written notice,
3,6 This Agreernent contains the entire agreernent of the Parties with respect to subject matter
hereof, and supersedes all prior negotiations, understandings or agreernents, No
supplernent, modification, or arnendrnent of this Agreernent shall be binding unless
executed in writing and signed by both Parties.
3,7 This Agreement shall be governed by the laws of the State of California, Any action or
. proceeding between CITY and COUNTY concerning thEi interpretation or enforcernent of
this Agreernent, or which arises out of or is in any way connected with this Agreernent, shall
be instituted and tried in the appropriate state court located in the County of San
Bernardino, California,
3,8 Time is of the essence for each and every provision of this Agreernent.
3,9 Since the Parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construed sirnply, according to its fair rneaning, and
not strictly for any or against any Party. Any terrn referencing time, days or period for
performance shall be deerned work days, The captions of the various articles and
paragraphs are for convenience and ease or reference only, and do not define, lirnit,
augment, or describe the scope, content, or intent of this Agreement.
3,10 No waiver of any default shall constitute a waiver of any other default or breach, whether of
the sarne or other covenant or condition, No waiver, benefit, privilege, or service voluntarily
given or perforrned by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise,
3,11 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,
3,12 This Agreernent rnay be signed in counterparts, each of which shall constitute an original.
Old Waterll1an Canyon Rd maintenance
Page 3 of 4
2010-7
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 presenrs have hereunto set their hands,
By
~
Gary C,
By
Dated:
Name
CHARLES E, MCNEELY
Title
(Print or tvDe name of Derson sianina contract)
CITY MANAGER
j / b) f1ilt/)
(
Dated:
pelVisors
rnardino
~~t' 0
'lRDlNOC
APpr~egal Fori'ftollCt.:o.. _ _..&:
....~~
County Counsel
Dale :2-~ \ ~ l c)
Address ....?...."" A/~
~ .tf~.o//f./?J
.;2) S"772..6Gr-
Date
I /11//0
Date
Approved as to form:
Old Waterman Canyon Rd maintenance
Page 4 of 4
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