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RESOLUTION (ID# 2709) DOC ID: 2709 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Tony Frossard M/CC Meeting Date: 11/04/2013
Prepared by: Laszlo "Les" Fogassy, (909)
384-5140
Dept: Public Works Ward(s): 4
Subject:
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. (#2709)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The costs for maintenance, up to $3,500 per year, will be paid from the existing street
maintenance budget and will be reimbursed to the City by the County of San Bernardino during
the three year term of the agreement.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
02/21/2006 Resolution No. 2006-45 was adopted making application to LAFCO for
expansion of the City's Sphere of Influence and annexation of the Arrowhead
Springs area.
01/19/2010 Resolution No. 2010-7 was adopted, approving a maintenance agreement with the
County of San Bernardino for a portion of Old Waterman Canyon Road within
unincorporated territory.
Background:
On February 11, 2010, the Local Area Formation Commission (LAFCO) issued a Certificate of
Completion for City of San Bernardino Annexation No. 360 (LAFCO 3050) for the Arrowhead
Springs area. One of the conditions of approval by LAFCO was the requirement that the City
enter into a maintenance agreement with the County of San Bernardino for a small portion of Old
Waterman Canyon Road that was not included in the annexation. This portion consists of
approximately 900 linear feet and is bounded northerly and southerly by the portion of Old
Waterman Canyon Road that was part of the annexation and is under City jurisdiction.
On January 19, 2010, Resolution No. 2010-7 was adopted, approving a maintenance agreement
with the County of San Bernardino for the said portion of Old Waterman Canyon Road. The
agreement made provisions for the City to get reimbursed for any maintenance costs not to
exceed $3,500 per year. Any maintenance exceeding that amount would first require County
approval prior to reimbursement. The agreement was for approximately three years and expired
Updated: 10/30/2013 by Georgeann"Gigi" Hanna A I Packet Pg.21
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2709
on December 31, 2012.
The County has recently indicated to the City staff that they would like to enter into a new
agreement for another three years, subject to the same provisions as the previous agreement.
Since the City is responsible for maintenance of Old Waterman Canyon Road directly northerly
and southerly of this approximate 900-foot section, maintenance would be more efficient under
one jurisdiction. A Resolution approving a maintenance agreement is attached for your review
and action.
City Attorney Review:
Supporting Documents:
Resolution (PDF)
Attachment "1" -Agreement (PDF)
Vicinity Map (PDF)
Detail Map (PDF)
Updated: 10/30/2013 by Georgeann"Gigi"Hanna A
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
3 AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE
4 MAINTENANCE OF A PORTION OF OLD WATERMAN CANYON ROAD, LYING
OUTSIDE OF THE AREA ANNEXED TO THE CITY AS ANNEXATION NO. 360 IN o
5 THE ARROWHEAD SPRINGS AREA.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE R
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute an
9 Agreement with the County of San Bernardino relative to the maintenance of a portion of 2
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10 Old Waterman Canyon Road, a copy of which is attached hereto as Attachment "1" and
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11 incorporated herein, lying outside of the boundaries of the area annexed to the City as F
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Annexation No. 360 in the Arrowhead Springs area, and as depicted on the maps attached as
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Exhibit"A"and Exhibit`B"of said Attachment"1
14 =
15 SECTION 2. The authorization to execute the above-referenced agreement is U_
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16 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the
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passage of this resolution. N
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO FOR THE MAINTENANCE OF A PORTION OF OLD
2 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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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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5 and Common Council of the City of San Bernardino at a meeting o
6 thereof, held on the day of ,2013,by the following vote,to wit: v
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
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10 JENKINS
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11 VALDIVIA L
12 ¢
SHORETT
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VACANT
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15 JOHNSON
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16 MCCAMMACK L
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18 Georgeann Hanna, City Clerk r
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The foregoing resolution is hereby approved this day of , 2013. >
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21
Patrick J. Morris, Mayor
22 City of San Bernardino
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Approved as to form:
24 JAMES F. PENMAN,
25 City At orney
26 By:
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ATTACHMENT"P
FOR COUNTY USE ONLY
s .:New FAS Vendor Code Dept. Contract Number
IJ ChangeC /y
Cancel CITYOFS772 TRA
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractor's License No.
Public Works--Transportation TRA TRA o
County Department Contract Representative Telephone Total Contract Amount _
County of San Bernardino Brendon Biggs,P.E., o
Deputy_D (909)387-8039 $10,500
irector =
FAS Contract Type M
AyAn u .MM_.M.encumbered tJ Un a mt eresl. � Other!
If not encumbered or revenue contract 1 pe,provide reason; _
STANDARD CONTRACT
Commodity Coda Contract Start Date Contract End Date Original Amount Amendment Amount
91200 1213112018 $ ?�
Fund Dept. organization Appr. Obi/Rev Source GRC/PROJJOB No Amount
SAA TRA TRA 200 2445 35H14342 $ 10,500
Fund Dept. Organization Appr. Obj/RewSource GRCIPROJfJOB No. Amount
$ E '
Fund Dept. Organization Appr, ObjlRev Source GRCXROJ/JO$No, Amount L-
$ IM
Q
Project Nome. Estimated Payment Total by Fiscal Year �
FY Amount 1/U FY Amount I/D =
Old Waterman Capon Road , 13/14 3,504 1 14/15 3,500 1 =
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Maintenance 15/16 .3,500 1 =_
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THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called .
the County, and a
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Name
City of San Bernardino hereinafter called CITY
Address N
300 N. V'Street
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as
San Bernardino, CA 92418 E
Telephone Federal ID No.or Social Security No.
(909) 384-5141 On File
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IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
as
WHEREAS, the City of San Bernardino (hereinafter referred to as "CITY") annexed a portion of its sphere E
of influence, as defined in the Local Agency Formation Commission for San Bernardino County ("LAFCO"), Item 0M
3050(Area 2), on or about December 2009; and a
WHEREAS, the maintenance responsibility for the portion Old Waterman Canyon Road in the annexed
area is the responsibility of the CITY; and
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WHEREAS, the County of San Bernardino (hereinafter referred to as "COUNTY") desires that the a
maintenance of the portion of Old Waterman Canyon Road, defined by Government Lot 5 of the Northwest quarter
Auer}tow CarterDllcrfrr� surtrr Tax:CalleaYQr Userity_
E contract Database 13 FAS
Input Date Keyed By
Page 1 of 4
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of Section 2, Township 1 North, Range 4 West, San Bernardino Meridian, which lies within the unincorporated
area and under the jurisdiction of the COUNTY, becomes the responsibility of the CITY; and
WHEREAS, pursuant to Streets and Highways Code Section 1710, the COUNTY and CITY agree that the
CITY will maintain that portion of Old Waterman Canyon 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 mo
Meridian; and c
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WHEREAS, the funding for the maintenance activities for that portion of Old Waterman Canyon Road, c
which lies within the unincorporated region and under the jurisdiction of the COUNTY will be from COUNTY road 0
funds; and
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WHEREAS, the COUNTY and the CITY desire to set forth the responsibilities and obligations of each as 2
they pertain to the maintenance of Old Waterman Canyon Road which lies within the unincorporated region and
under the jurisdiction of the COUNTY,
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NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
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1.0 CITY AGREES TO: as
1.1 Maintain the road segment Old Waterman Canyon Road, defined by Government.Lot. 5 of a
the Northwest quarter of Section 2, Township 1 North, Range 4 West, San Bernardino d
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 316.
13 Obtain COUNTY's approval prior to commencing any maintenance work that goes beyond
routine maintenance. Examples of maintenance work that exceeds routine maintenance c
include road rehabilitation, retaining wall installation, etc., on the COUNTY's portion of Old N
Waterman Canyon Road.
1.4 Advertise, award, administer, and initially fund the maintenance work in accordance with the
provisions of the California Public Contract Code applicable to counties and require, as well E
as enforce, CITY's contractors to comply with all applicable laws and regulations, Including a�
Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing. a
wages. CITY shall indemnify, defend (with counsel reasonably approved by COUNTY),and
hold harmless COUNTY and its officers, employees, volunteers; and agents from any and
all claims, actions, losses, damages, and/or liability arising; out of CITY'S obligations set
forth in this paragraph. z
1.5 Comply with any applicable CEQA requirements as well as completing the required CEQA
documents.
1.6 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited a
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 E
EFT payments,
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2.0 COUNTY AGREES TO: a
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.
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2.2 Pay to the CITY, on a reimbursement basis, the maintenance costs associated with
COUNTY's portion of Old Waterman Canyon Road. In no event shall maintenance costs
exceed $3,500 per COUNTY fiscal year without an amendment to this Agreement pursuant
to paragraph 3.6.
2.3 The Director of the Department of Public Works shall designate and provide a qualified a
representative who shall have the authority to discuss and review CITY's request to perform c
maintenance work that goes beyond routine maintenance work on the COUNTY's portion of
Old Waterman Canyon Road. 0
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10 IT IS MUTUALLY AGREED: v
3.1 The CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and E
hold harmless the COUNTY and its authorized officers, employee, agents and volunteers L
from any and all claims, actions, losses, damages, and/or liability arising out of the CITY's
performance of CITY's obligations under this Agreement.
3.2 in the event of litigation arising from this Agreement, each Party to the agreement shall bear :2
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, E
Automobile Liability, General Liability, and Workers' Compensation and warrants that a
through its program of self-insurance, it has adequate coverage or resources to protect a
against liabilities arising out of CITY's performance of this Agreement.
3.4 CITY shall require all contractors and vendors working on COUNTY's portion of Old =
Waterman Canyon Road to have appropriate and adequate insurance coverage for the
mutual protection and benefit of the parties. _
3.5 This Agreement shall commence on the effective date of this Agreement and shall terminate
on December 31, 2016, but may be terminated by either party (with or without cause) upon
providing the other party thirty (30) days advance written notice. The effective date of this -J
Agreement is the date it is approved and signed by authorized representatives of both L
COUNTY and CITY.
3.6 This Agreement contains the entire agreement of the Parties with respect to subject matter c
hereof, and supersedes all prior negotiations, understandings or agreements. No
supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by authorized representatives of both Parties.
3.7 This Agreement shall be governed by the laws of the State of California. Any action or E
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, shall q
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 Agreement.
3.9 Since the Parties or their agents have participated fully in the preparation of this Agreement, E
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 a
performance shall be deemed work days. 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. E
3.10 No waiver of any default shall constitute a waiver of any other default or breach, 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, a
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 Agreement may be signed in counterparts, each of which shall constitute an original.
Revised 09/12/13
Packet Pg.27
3.13 The Recitals are incorporated into the body of this Agreement,
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
IN WITNESS WHEREOF, the County of San Bernardino and City of San Bernardino have each caused this
Agreement to be subscribed by its respective duly authorized officers on its behalf. �0
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COUNTY OF SAN BERNARDINO E
{Print or type name of corporation,company,contractor,ate.)
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By
Janice Rutherford, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Q
Dated: Name ALLEN J. PARKER �
(Print or type name of person signing contract) m
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title CITY MANAGER a'
CHAIRMAN OF THE BOARD (Print or Type) a)
Laura H.Welch Dated: .
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Clerk of the Board of Supervisors
of the County of San Bernardino
By Address g
Deputy U.
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Approved as to Legal Form Reviewed by Contract Compliance Presented to Boy for Signature
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Deputy County counsel-Scott Runyan Department Head
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Date Date Date =
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Approved as to form:
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JA F. PENMAN, City Attorney Q
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Revised 09/12/13 Pa e 4 of 4
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PORTION OF OLD WATERMAN CANYON ROAD
TO BE MAINTAINED BY CITY UNDER CITY/COUNTY
MAINTENANCE AGREEMENT(APPROX.900 L.F.t)
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VICINITY MAP r
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CITY OF SAN BERNARDINO Proposed Maintenance Agreement
DEVELOPMENT SERVICES DEPARTMENT between the City of San Bernardino
REAL PROPERTY SECTION and the County of San Bernardino for
a portion of Old Waterman Canyon
® indicates un—incorporated areas Road within un—incorporated territory
within City's Sphere of Influence
(Rev. September, 2010) Created by:
Dat Packet Pg. 31
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SEC. 34 T.2N., R.4W.
-S-1116
COR.,SEC 34 SEC. 35
GOV LOT 4
GOVT LOT f EA /Z
s� GOV LOT 5
v� PORTION OF OLD WATERMAN CANYON ROAD
TO BE MAINTAINED BY CITY UNDER CITY/COUNTY
MAINTENANCE AGREEMENT(APPROX.900 L.F.t)
GOVT LOT 6 0
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SEC. 3 SEC. 2
T. 1 N., R.4W.
COUNTY OF E
S N BERNARDIN Y
SEC. 1
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CITY OF SAN BERNARDINO
o CITY LIMITS
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DETAIL MAP
SEC. 11 SEC. 12 LL
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GOVT LOT J
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GOVT LOT 4 C =
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COVi LOT 5
GOVT LOT 1
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CITY OF SAN BERNARDINO GOVT LOT 2 > Q
DEPARTMENT OF PULIC WORKS SEC. 14
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REAL PROPERTY SECTION
PROPOSED MAINTENANCE OF A
PORTION OF OLD WATERMAN
CANYON ROAD LOCATED IN
UN-INCORPORATED TERRITORY
CREATED BY: L.FOGASSY DATE: 10-01 -2013
Packet Pg. 32