HomeMy WebLinkAbout2012-049
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RESOLUTION NO. 2012-49
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE CITY OF HIGHLAND FOR A PERMANENT ENCROACHMENT
LICENSE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City of Highland's Police Department is implementing a
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computerized Automated License Plate Reader (ALPR) system. The City of Highland is
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requesting permanent encroachment on the north side of Highland Avenue at the eastern edge
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of the City Creek Bridge and on the north-east comer of HigWand A venue and Victoria
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A venue, in the City of San Bernardino, CA.
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SECTION 2. That the Mayor and Common Council authorize the City Manager, or his
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designee, to execute the Encroachment License Agreement, which is attached hereto and
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marked as Exhibit A, between the City of Highland and the City of San Bernardino for services
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outlined in the Agreement and attachments and exhibits thereto.
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2012-49
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE CITY OF HIGHLAND FOR A PERMANENT ENCROACHMENT
LICENSE.
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1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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joint
Conunon Council of the City of San Bernardino at a regular
meeting thereof, held on
March ,2012, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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x
x
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--X-
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x
-~ J::)~
Geo~ Hanna, City Clerk
19 The foregoing Resolution is hereby approved this :J \. ~ day of March
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,2012.
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~or
City of San Bernardino
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Approved as to
form:
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~
es F. Penman
ty Attorney
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2012-49
LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH
AN AUTOMATED LICENSE PLATE READING (ALPR) CAMERA WILL BE
MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF
HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE, IN
THE CITY OF SAN BERNARDINO, CA AND FOR AN AUTOMATED LICENSE
PLATE READING (ALPR) CAMERA TO BE INSTALLED ON AN EXISTING POLE
ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA
AVENUE, IN THE CITY OF SAN BERNARDINO, CA.
THIS LICENSE AND AGREEMENT ("Agreement") is made and entered into
this 19th day of March
, 2012, by and between the CITY OF
HIGHLAND, hereafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a
municipal corporation, hereafter referred to as "City."
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained,
the parties hereto agree as follows:
1. City hereby gives permission, removable and terminable as hereinafter provided,
to Licensee for an encroachment to install, maintain, inspect, operate, protect, repair, replace and
retain in place a pole upon which an Automated License Plate Reading (ALPR) camera will be
mounted and appurtenances thereto, including any facilities necessary for protection thereof
(hereafter, "Encroachment") at the north side of Highland Avenue at the eastern edge of the City
Creek Bridge, San Bernardino, CA 92346, as shown on the details attached hereto as
Attachments "IA-IC", and in accordance with that letter, dated August 12,2011, from Licensee
attached hereto as Attachment "2", both incorporated herein by reference. City also hereby
gives permission, removable and terminable as hereinafter provided, to License for an
encroachment to install, maintain, inspect, operate, protect, repair, replace and retain in place an
Automated License Plate Reading (ALPR) camera on an existing pole at the north-east corner of
Highland Avenue and Victoria Avenue, San Bernardino, CA 92346. In the event that Licensee
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at any future time desires to expand its facilities to include public streets, highways and/or alleys
other than as shown on said Attachments "IA-IC" as authorized by this Agreement, an
amendment of this Agreement shall be required before undertaking any such expansion, and
subject to any requirements or conditions as may be imposed by the Director of Public Works of
the City, or hislher designee.
2. Licensee agrees to install, use and maintain said Encroachment as required by this
Agreement. Any pole and appurtenant facilities installed, located or maintained pursuant to this
Agreement shall be so placed and maintained as not to interfere with the use of any public
streets, highways, alleys or bridges by the traveling public to any greater extent than is
reasonably necessary, and the placement of any pole and appurtenant facilities shall be subject to
approval of the Director of Public Works so as not to interfere or conflict with any existing, or
future improvements owned by the City.
3. The Encroachment shall be maintained at all times in a safe, neat, sightly and
good physical condition. City shall be the sole judge of the quality of maintenance, and upon
written notice by City, through its Director of Public Works, stating in general terms how and in
what manner the maintenance is required, Licensee shall be required to perform such
maintenance. If Licensee fails to do so, then City shall have the right to perform this
maintenance, the cost of which shall be borne by Licensee. Licensee shall, at its own
responsibility and expense, obtain and keep in effect all licenses, bonds, insurance and permits
necessary for the installation and existence of said Encroachment. The licensee's contractor
shall obtain all applicable construction related permits prior to starting any excavation or
construction work. An excavation permit will be required and all permit provisions and
requirements of the City in effect at the time of permit issuance shall apply.
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4. City reserves the right to improve, widen, vacate or relocate any highway, street,
alley or other public places, or portion thereof, over and within which this License is granted,
including the widening, change of grade, construction or reconstruction of such highway, street,
alley or other public places or portion thereof, the installation, repair or maintenance of storm
drains, sewers, water lines and any other utilities or improvements owned by the City for the
purpose of any public improvements. If notice is given by City to Licensee that work is to be
done pursuant to the rights reserved herein, which notice shall specify the general nature of the
work in the area in which the same is to be performed, Licensee shall at its expense, do all things
reasonably necessary to protect, disconnect, relocate or remove its property during the progress
of such work at the required time in order to accommodate such work. All such things to be
done and work to be performed by Licensee shall be at the sole cost and expense of the Licensee.
In the event that City shall hereafter construct, install, reconstruct or repair any bridge or
artificial support in, on, over or underlying any highway, street, alley or other public place or
improvement in which the Licensee's property is located pursuant to this Agreement, and in the
event that the cost of such work as may reasonably be required is increased in order to provide
for the installation, maintenance or operation of Licensee's property in, on, over or under the
area covered by such project, then Licensee shall pay to City the full amount of such increase of
cost, upon completion of such construction, installation or repair. Any damage done directly or
indirectly to any public street, highway, alley or other public place or improvement by the
Licensee, in exercising directly or indirectly any right, power or privilege under this Agreement,
or in performing any duty under or pursuant to the provisions of this Agreement, shall be
promptly repaired by Licensee at its sole cost and expense, to the reasonable satisfaction of City.
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5. This permission is given to Licensee as an accommodation to Licensee and shall
be subject to the requirement that the Licensee maintain the applicable surface areas in a
condition acceptable to the Director of Public Works ofthe City.
6. Licensee hereby acknowledges the title or paramount interest of City to the public
right-of-way and agrees never to assail or resist said title or interest and to observe present or
future set-back requirements relating thereto while this Agreement is in force and effect.
7. Licensee shall, as and for the consideration for the granting of this License, pay to
the City of San Bernardino, forthwith, the sum of$625.00 due immediately upon approval of this
Agreement by the City. This Agreement shall not take effect until such payment has been made
by the Licensee to the City. Licensee shall also make an annual payment of$150.00 to the City
which shall be due and payable on January I of each year while this Agreement is in effect.
8. City reserves the right to terminate this License and Agreement at any time for
any reason by giving Licensee at least thirty (30) days written notice of such termination, except
that City may, at its election, terminate said permission forthwith at any time if Licensee shall
fail to comply with or abide by each and all of the provisions hereof or keep each and all of the
Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall
not be deemed a waiver of any subsequent breach of the same or any other term or provision
hereof. If not otherwise terminated, this Agreement shall be for a period of five (5) years
commencing on the latest date of execution of this Agreement by the parties hereto and ending
five (5) years from that date.
9. This Agreement may be extended for any additional terms by written mutual
consent and approval by the Licensee and the Director of Public Works.
10. Upon termination of this Agreement, Licensee agrees to immediately remove said
Encroachment from the public right-of-way and to restore the public right-of-way to the
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satisfaction of the Director of Public Works. If Licensee fails to exercise its duties under this
paragraph, City shall have the right to remove said Encroachment and to restore the premises at
no cost or liability to the City. Licensee covenants and agrees to reimburse City for such cost of
removal and/or restoration.
11. City shall in no way be responsible for loss of or damage to said Encroachment or
for any property belonging to or leased by Licensee, its officers, servants, agents or employees,
that may be stolen, destroyed or in any way damaged during the installation, use or maintenance
of said Encroachment.
12. Licensee shall exerCIse its privileges under this Agreement at its own risk.
Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards,
commissions, officers, agents and employees from any costs, claims, damages, injuries, and
liability resulting from, arising out of, or in any way connected with, the City's approval of this
Agreement, the construction, installation, use and maintenance of said Encroachment, the
occupation or use of the public areas of such structure, both during and after the installation
thereof, and including but not limited to any costs, claims, damages, injuries, and liability
resulting from the conduct of Licensee or the employees, invitees, guests or agents of Licensee,
or Licensee's failure to perform its promises in connection herewith.
13. While not restricting or limiting the foregoing, during the term of this Agreement,
Licensee shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Director of Public
Works prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the City shall require the insurer to notify City of any change or
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termination in the policy. If the Licensee is self-insured, a Certificate of Self-Insurance, in a
form acceptable by the City, may be furnished.
14. This Agreement is personal to Licensee. It is nonassignable, except with prior
written consent of the City; any attempt to assign this Agreement without consent will terminate
the privileges granted to Licensee under this Agreement. The City will not unreasonably
withhold consent.
15. This guarantee shall be governed by and construed and interpreted in accordance
with the laws of the State of California without regard to principles of conflicts of law. The
parties hereto further agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California.
The aforementioned choice of venue is intended by the parties to be mandatory and not
permissive in nature.
16. In the performance of this Agreement and in the hiring and recruitment of
employees, Licensee shall not engage in, nor permit its officers, employees or agents to engage
in, discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
17. Licensee shall hold City, its authorized officers, agents and employees, harmless
from and against any and all liability or loss resulting from claims or damages by any person
arising out of the acts or omissions of Licensee, its agents or employees in the performance of
any work authorized hereunder.
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18. In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of
any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his office
in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
19. All official notices relative to this Agreement shall be in writing and addressed to
the following representatives of Licensee and City:
City
Licensee
CITY OF SAN BERNARDINO
Public Works Department/Real Property
300 North "D" Street
San Bernardino, CA 92418
Ph: (909) 384-5111
Fax: (909) 384-5190
CITY OF HIGHLAND
City Manager
27215 Base Line
Highland, CA 92346
Ph: (909) 864-6861
Fax: (909) 862-3180
20. This Agreement may be modified only in a writing signed by the parties in
interest at the time of the modification. No modification shall be binding upon City unless
formally approved by a vote of the Common Council of City.
21. This Agreement constitutes the entire Agreement between the parties with respect to
any matter referred to in this Agreement, and supersedes any and all other writings and oral
negotiations with respect to any matter referred to in this Agreement. The terms of this
Agreement shall prevail over any inconsistent provision in any other document relating to this
Agreement, including attachments to this Agreement.
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Signatures to follow on next page
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LICENSE AND AGREEMENT FOR ENCROACHMENT OF A POLE UPON WHICH
AN AUTOMATED LICENSE PLATE READING (ALPR) CAMERA WILL BE
MOUNTED AND APPURTENANT FACILITIES WITHIN THE NORTH SIDE OF
HIGHLAND AVENUE AT THE EASTERN EDGE OF THE CITY CREEK BRIDGE, IN
THE CITY OF SAN BERNARDINO, CA AND FOR AN AUTOMATED LICENSE
PLATE READING (ALPR) CAMERA TO BE INSTALLED ON AN EXISTING POLE
ON THE NORTH-EAST CORNER OF HIGHLAND AVENUE AND VICTORIA
AVENUE, IN THE CITY OF SAN BERNARDINO, CA.
IN WITNESS, the parties have executed this Agreement on date first written above.
CITY OF SAN BERNARDINO
CITY OF HIGHLAND
A. HUGHES
Manager
Approved as to form:
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ATTACHMENT 1C
---------- NEW - P!oposcd
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power lines
1 330 RVY & HIGHLAND AVENUE
ATTACHMENT 2
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City of
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August 12. 2011 _� ....:r.� �9 Inc. �� A'HiG YP
Mr. Charles E. McNeely, City Manager
City of San Bernardino
300 North °D" Street, 6th Floor
San Bernardino, CA 92418
Re: Application for Encroachment Permit by the City of Highland for installation
of a Caltrans standard type 15 foundation and pole upon which an Automated
License Plate Reading (ALPR) camera will be installed — and request for waiver of
the application review, archival, technology and annual permit fees,
Dear Mr. McNeely:
The City of Highland's Police Department is implementing a computerized Automated
License Plate Reading (ALPR) system. This system consists of 13 mobile and 5 fixed
site locations. The ALPR system will identify vehicle license plates, document those
plates and compare those plates to various databases (e.g. stolen and wanted vehicles)
and will automatically and immediately alert our police officers when a vehicle within the
databases is identified. The system will also provide a searchable database for
investigative purposes.
One of the fixed site locations identified by our Police department is on the north side of
Highland Avenue just east of the bridge over the City Creek Wash -- between the
eastern edge of the bridge and the access road to the East Valley Water District's water
treatment facility, within the City of San Bernardino.
Enclosed are the following documents:
1. A draft City of San Bernardino permanent encroachment license agreement
for an encroachment permit for the installation of a Caltrans standard type 15
pole and foundation at this location; and
2. Installation information on the standard Caltrans type 15 pole and foundation;
and
3. A detail diagram of the desired location, including existing improvements.
Office of the City Manager
27215 Base tine, Highland, CA 92346
(909) 864-6861 Ext. 221 FAX (909) 862-3180
www.ci.highland.ca.us
August 12, 2011
Mr. Charles E. McNeely, City Manager
Page 2
We noted that your standard fee for this type of permit is $683.50 (inclusive of the
application fee, archival and technology fees) plus an additional $150.00 per year for
the encroachment permit. Since the data that this system will produce will also be
available to the San Bernardino City Police Department, I would like to know if it is
possible to obtain a fee waiver for this, and if so, what process we may need to
complete in order to obtain that waiver?
If this information is acceptable to you, I would ask that you forward it to the appropriate
review body within the City of San Bernardino for review and approval.
Once the encroachment permit is approved, we will obtain the necessary insurance
certificate from our insurance provider.
If your staff has any questions about this, they can contact our Administrative Analyst,
Jim Rissmiller, who is handling this project for us at (909) 838-6025 or via email at
irissmiiler(acityofhighland.orcg.
Thank you for your assistance.
Sincerely,
oseph A. Hughes
City Manager
Enclosures: 3