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HomeMy WebLinkAbout2014-124 I RESOLUTION NO. 2014-124 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 3 ADDENDUM TO A COOPERATIVE AGREEMENT BY AND BETWEEN THE 4 INLAND VALLEY DEVELOPMENT AGENCY, THE CITY OF SAN BERNARDINO AND THE CITY OF REDLANDS (MOUNTAIN VIEW AVE PROJECT). 5 WHEREAS, the Mayor and Common Council adopted Resolution No. 2013-325 6 approving a Cooperative Agreement by and between the Inland Valley Development Agency 7 (IVDA), the City of Redlands, and the City of San Bernardino regarding the Mountain View 8 9 Avenue Improvement Project; and 10 WHEREAS, IVDA and the City of Redlands have requested an Addendum to said 11 Cooperative Agreement. 12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The City Manager is hereby authorized and directed to execute an 14 Addendum to a Cooperative Agreement by and between the Inland Valley Development 15 16 Agency (IVDA), the City of Redlands, and the City of San Bernardino regarding the Mountain 17 View Avenue Improvement Project. A copy of said Addendum to the Cooperative Agreement is 18 attached hereto as Exhibit "A" and incorporated herein. 19 SECTION 2. The authorization to execute this Addendum is rescinded if the parties to 20 the Addendum fail to execute it within one hundred twenty (120) days of passage of this 21 Resolution. 22 23 24 25 26 2014-124 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 2 ADDENDUM TO A COOPERATIVE AGREEMENT BY AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY, THE CITY OF SAN BERNARDINO 3 AND THE CITY OF REDLANDS (MOUNTAIN VIEW AVE PROJECT). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a J oint regu" ieeting thereof, held on the 6 5 ttday of May , 2014, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ x 9 10 BARRIOS x 11 VALDIVIA x 12 SHORETT x 13 NICKEL x 14 JOHNSON x 15 MULVIHILL x 16 17 Georgeann Hanna, Vity Clerk 18 The foregoing resolution is hereby approved this�IK —day of may , 2014. 19 /), Z 20 R. CAREY AVIS, Mayor 21 City of San Bernardino Approved as to form: 22 GARY D. SAENZ, 23 City Attorney 24 B CJ1 25 26 I 2014-124 ADDENDUM TO COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO,THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY OF REDLANDS (MOUNTAIN VIEW AVE PROJECT) This Addendum to Cooperative Agreement (this "Addendum"), is made by and among the City of San Bernardino, a charter city ("San Bernardino"), the Inland Valley Development Agency, a joint powers authority (the "IVDA"), and the City of Redlands, a general law city ("Redlands"). San Bernardino, Redlands and the IVDA are sometimes individually referred to each as a"Party" and collectively referred to as the"Parties." Whereas, the Parties have entered into that certain Cooperative Agreement with respect to the Bridge over the Santa Ana River that connects Mountain View Avenue to Central Ave as further described in the Cooperative Agreement. Whereas, the Parties desire by this Addendum to supplement the Cooperative Agreement to add the provisions provided below. Whereas, all capitalized terms used herein shall have the same meaning as given in the Cooperative Agreement unless otherwise defined herein. NOW THEREFORE, the Parties hereby agree to amend and supplement the Cooperative Agreement as follows: 1. Additional Provisions to Agreement. The following provisions are hereby added to the Cooperative Agreement as a new Section 4.5 and 4.6 respectively Section 4.5. Insurance. All insurance required by this Agreement is to be maintained by the IVDA for the term of this Agreement, and all such insurance shall be primary with respect to Redlands and San Bernardino and non-contributing to any insurance or self- insurance maintained by Redlands or San Bernardino. The IVDA shall provide Redlands and San Bernardino with certificates of insurance and endorsements evidencing such insurance within ten (10) days of the Effective Date of this Agreement. No contractor of the IVDA shall perform any maintenance or repair work for the Bridge unless the IVDA provides to Redlands and San Bernardino certificates of insurance and endorsements evidencing the contractor's compliance with the requirements of this Section prior to the commencement of such work. a. Workers' Comt)ensation and Employer's Liability. The IVDA shall secure, and require its contractors to secure, workers' compensation and employer's liability insurance in an amount which satisfies statutory requirements with an insurance carrier reasonably acceptable to Redlands and San Bernardino in connection with any construction, maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant to the IVDA's obligations under this Agreement. b. Comprehensive General Liability Insurance. The IVDA shall secure, and require its contractors to secure, comprehensive general liability insurance covering all maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant 2014-124 to the IVDA's obligations under this Agreement,with carriers reasonably acceptable to Redlands and San Bernardino. Minimum coverage of one million dollars ($1,000,000)per occurrence and two million dollars ($2,000,000)in the aggregate for public liability,property damage and personal injury is required. Redlands and San Bernardino, and their elected officials, officers and employees, shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty(30) days prior written notice to Redlands and San Bernardino. C. Business Auto Liability Insurance. The IVDA shall secure, and require its contractors to secure,business auto liability coverage, with minimum limits of one million dollars ($1,000,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all IVDA and its contractor owned vehicles,hired and non-owned vehicles, and employee non-ownership vehicles used in connection with any maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant to the IVDA's obligations under this Agreement. Redlands and San Bernardino and their elected officials, officers and employees shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to Redlands and San Bernardino. Section 4.6. Indemnity/Hold Harmless. Redlands and San Bernardino and their elected officials, officers,employees and agents (collectively,the "Indemnified Parties") shall not be liable for any injuries (as defined by Government Code section 810.8)to persons or property occasioned by reason of the negligent acts or omissions, or willful misconduct, of the IVDA,or its employees, contractors and agents, in the performance of the IVDA's maintenance obligations for the Bridge under this Agreement. The IVDA further agrees to protect, defend, indemnify and hold harmless the Indemnified Parties from any and all claims, demands, causes of action, injuries, liability or loss of any kind,resulting from, or arising out of,the negligent acts or omissions, or willful misconduct, of the IVDA, or its employees,contractors and agents in the performance of any maintenance or repair work performed, or caused to be performed, by the IVDA for the Bridge pursuant to the IVDA's obligations under this Agreement. The indemnity and hold harmless provided by the IVDA hereunder shall not extend to any claims, actions, demands, damages or losses related to the design of the Bridge or the initial construction of the Bridge,it being the understanding of the Parties that the indemnity and hold harmless hereunder shall only be applicable to the IVDA's performance of maintenance work to the Bridge in accordance with this Agreement. 2. Controlling Agreement-Conflict. Except as otherwise expressly provide . herein, the Cooperative Agreement shall remain in full force and effect and unmodified. The terms and provisions of this Addendum shall prevail over any conflicting or inconsistent provisions of the Cooperative Agreement. 2014-124 SAN BERNARDINO City of San Bernardino, a charter city By: Allen Parker, City Manager Dated: APPROVED AS TO LEGAL FORM: By: 11-1. 6-0-1 Ad---' G enz, City Attorney ATTEST: By: City Clerk IVDA Inland Valley De lopment Ag�W9 By. �.. . son Executive Director Dated: APPROVED AS TO LEGAL FORM: By: Mirau,Edwards, Cannon, Lewin&Tooke Agency Couns By: ichael LLewin 2014-124 i I ATT ST i By: Kelly B of the REDLANDS City of Redlands B Y L_c Pete Aguilar,Mayor Dated:"'o h APPROVED AS TO LEGAL FORM By: Daniel J. Mc Hu h,City Attorney ATTEST: By: Sam Irwin, ity Clerk • 2014-124 ADDENDUM TO COOPERATIVE AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO,THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY OF REDLANDS (MOUNTAIN VIEW AVE PROJECT) This Addendum to Cooperative Agreement (this "Addendum"), is made by and among the City of San Bernardino, a charter city ("San Bernardino"), the Inland Valley Development Agency, a joint powers authority (the "IVDA"), and the City of Redlands, a general law city ("Redlands"). San Bernardino, Redlands and the IVDA are sometimes individually referred to each as a"Party" and collectively referred to as the"Parties." Whereas, the Parties have entered into that certain Cooperative Agreement with respect to the Bridge over the Santa Ana River that connects Mountain View Avenue to Central Ave as further described in the Cooperative Agreement. Whereas, the Parties desire by this Addendum to supplement the Cooperative Agreement to add the provisions provided below. Whereas, all capitalized terms used herein shall have the same meaning as given in the Cooperative Agreement unless otherwise defined herein. NOW THEREFORE, the Parties hereby agree to amend and supplement the Cooperative Agreement as follows: 1. Additional Provisions to Agreement. The following provisions are hereby added to the Cooperative Agreement as a new Section 4.5 and 4.6 respectively Section 4.5. Insurance. All insurance required by this Agreement is to be maintained by the IVDA for the term of this Agreement, and all such insurance shall be primary with respect to Redlands and San Bernardino and non-contributing to any insurance or self- insurance maintained by Redlands or San Bernardino. The IVDA shall provide Redlands and San Bernardino with certificates of insurance and endorsements evidencing such insurance within ten (10) days of the Effective Date of this Agreement. No contractor of the IVDA shall perform any maintenance or repair work for the Bridge unless the IVDA provides to Redlands and San Bernardino certificates of insurance and endorsements evidencing the contractor's compliance with the requirements of this Section prior to the commencement of such work. a. Workers' Compensation and Employer's Liability. The IVDA shall secure, and require its contractors to secure, workers' compensation and employer's liability insurance in an amount which satisfies statutory requirements with an insurance carrier reasonably acceptable to Redlands and San Bernardino in connection with any construction, maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant to the IVDA's obligations under this Agreement. b. Comprehensive General Liability Insurance. The IVDA shall secure, and require its contractors to secure, comprehensive general liability insurance covering all maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant 2014-124 to the IVDA's obligations under this Agreement, with carriers reasonably acceptable to Redlands and San Bernardino. Minimum coverage of one million dollars ($1,000,000)per occurrence and two million dollars ($2,000,000) in the aggregate for public liability, property damage and personal injury is required. Redlands and San Bernardino, and their elected officials, officers and employees, shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to Redlands and San Bernardino. c. Business Auto Liability Insurance. The IVDA shall secure, and require its contractors to secure,business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all IVDA and its contractor owned vehicles,hired and non-owned vehicles, and employee non-ownership vehicles used in connection with any maintenance or repair work performed for the Bridge by the IVDA and its contractors pursuant to the IVDA's obligations under this Agreement. Redlands and San Bernardino and their elected officials, officers and employees shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to Redlands and San Bernardino. Section 4.6. Indemnity/Hold Harmless., Redlands and San Bernardino and their elected officials, officers, employees and agents (collectively,the "Indemnified Parties") shall not be liable for any injuries (as defined by Government Code section 810.8)to persons or property occasioned by reason of the negligent acts or omissions,or willful misconduct, of the IVDA,or its employees,contractors and agents, in the performance of the IVDA's maintenance obligations for the Bridge under this Agreement. The IVDA further agrees to protect, defend, indemnify and hold harmless the Indemnified Parties from any and all claims, demands, causes of action,injuries, liability or loss of any kind,resulting from, or arising out of,the negligent acts or omissions,or willful misconduct,of the IVDA, or its employees,contractors and agents in the performance of any maintenance or repair work performed, or caused to be performed, by the IVDA for the Bridge pursuant to the IVDA's obligations under this Agreement. The indemnity and hold harmless provided by the IVDA hereunder shall not extend to any claims,actions, demands, damages or losses related to the design of the Bridge or the initial construction of the Bridge, it being the understanding of the Parties that the indemnity and hold harmless hereunder shall only be applicable to the IVDA's performance of maintenance work to the Bridge in accordance with this Agreement. 2. Controlling Agreement-Conflict. Except as otherwise expressly provide herein, the Cooperative Agreement shall remain in full force and effect and unmodified. The terms and provisions of this Addendum shall prevail over any conflicting or inconsistent provisions of the Cooperative Agreement. 2014-124 SAN BERNARDINO City of San Bernardino, a charter city By: Allen Parker ity Manager Dated: //, �� APPROVED AS TO LEGAL FORM: B Y r (n�cL� 1 i 0, _._f G Saenz, City Attorney ATTEST: Bye \ ',/LI_ City Clerk IVDA Inland Valley Development Agency Ste11 By: _ //■ A.J. ilso Execu' - Director Dated: 3 '18✓ 24:;j 9 APPROVED AS TO LEGAL FORM: By: Mirau,Edwards, Cannon, Lewin&Tooke Agency Counsel By. ichael Lewin 2014-124 A .ST: / By: . - _ Kelly Berry, =k :'e Boars REDLANDS City of Redlands By: Pete Aguilar,Mayor Dated: 3/44 APPROVED AS TO LEGAL FORM By: Daniel J. McHu h,City Attorney ATTEST: By: Sam Irwin, it Clerk