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JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF REDLANDS
AND THE REDLANDS UNIFIED SCHOOL DISTRICT
THIS AGREEMENT, dated this 4 th day of A ucqu s t, 1978, by and between
the CITY OF REDLANDS, a general law city duly organized and existing under
the laws of the State of California, (hereinafter referred to as "City"),
and the REDLANDS UNIFIED SCHOOL DISTRICT, duly organized and existing under
the laws of the State of California (hereinafter referred to as "District"):
W I T N E S S E T H
WHEREAS, City and District are each empowered by law to acquire, con-
struct, maintain, and operate irrigation lines and turf facilities for use
as a school park: and
WHEREAS, City and, District desire to provide for the construction
and operation of turfed facilities upon the site described in Exhibits
"A" and "B", attached hereto and incorporated herein by reference (herein-
after referred to as "Project Sites"): and
WHEREAS. City and District have determined that an area to be selected
within the boundaries of City (hereinafter referred to as the "Crafton-
Kimberly areas") should be developed as a comprehensive project including
irrigation, turfed areas, and related facilities of the school: and
WHEREAS, City and District desire to provide for the construction of
said project: and
WHEREAS, it is deemed advisable for City and District to provide for
the construction of said project, and to make a grant application, pursuant
to the block grant allocation under the Robert!-Z'Berg Urban Open -Space and
Recreation Program (SB 174), by jointly exercising their common powers in the
` manner set forth in this Agreement:
NOW, THEREFORE, City and District, for and in consideration of the 9
mutual benefits, promises and agreements set forth herein, agree as follows:
Section 1. Purpose.
This agreement is made pursuant to the provisions of Article 1, Chapter
5, Division 7, Title 1 of the Government Code of the State of California
(commencing with Section 6500, hereinafter referred to as "Act") relating
the joint exercise of powers common to public agencies, in this case City
and District. City and District each possess the powers referred to in the
above recitals. The purpose of this agreement is to exercise such powers
jointly by providing for the construction and grant application of the pro-
ject areas, including the construction and operation of the water and fire
facilities. Such purpose will be accomplished and said powers exercised
in the manner set forth in this Agreement.
Section 2. Term.
This agreement shall become effective as of the date hereof and shall
continue in full force and effect for a period of one (1) year from the date
hereof or until said grant application pursuant to the SB 174 Urban Open -
Space and Recreation Program is either approved, rejected, or modified by
the State of California - The Resources Agency, whichever date Is earlier.
In the event the project is rejected or modified, either party to this Agree-
ment may cancel said Agreement by giving thirty (30) days' written notice to
the other party. This Agreement may also be terminated by either party by
giving sixty (60) days' written notice to the other party.
Section 3. Administration.
The City is designated as the entity to make the necessary grant appli-
cation and supply any information as requested, pursuant to SB 174.
Both parties agree that they and their officers and agents shall cooperate
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in carrying out the purpose of this Agreement, and that the Public Worl,
Director and the Assistant Superintendent in charge of business shall be
responsible for setting the time for bid opening for the defined project
after authorization to bid has been granted by the City Council and recom-
mended by the District.
Within ten (10) days of bid opening, the City Council shall award the
bid In accordance with Sections 37900 - 37907 of the Government Code, State
of California, however, such award shall be subject to review and concurrence
of District.
The Director of Public Works and District Assistant Superintendent shall
have full authority, possession and necessary control of the work with full
assistance of the officers and agents of both parties.
The project shall be determined to be complete when the final inspection
is approved and accepted by the agent of the District,
Section 4. Contributions of Funds.
Contributions from SB 174 and the District will be made on a 75%-25%
basis for the purpose of this Agreement. Contributions so required to complete
the defined project shall be made on the preceding basis.
Section 5. Accountability.
The City Treasurer is hereby designated as the officer to have custody
of all funds from whatever source advancing for the purpose of carrying out
the defined project. The City Treasurer shall have the duties and obligations
set forth in Sections 6505 and 6505.5 of the Joint Use of Powers Act and shall
adopt procedures to insure both parties that there will be strict accountability
of all funds and report all receipts and disbursements upon demand. At the
completion of the defined project an audit will be completed in no less than
ninety (90) days and the acceptance of the project by the District and the
charges involved for the audit shall be borne solely by the District. The
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City Treasurer shall be required to be bonded in accordance with Section
6505.1 in an amount so determined by the Redlands Municipal Code.
Section 6. Preparation of Plans.
City and District shall cooperate in the preparation of a preliminary
general plan for the orderly development of the projects. Such plan shall
provide for the construction of the facilities described below, as planted,
irrigated turf at Crafton and Kimberly Elementary Schools and other site im-
provements and landscaping as may be deemed desirable provided that such plan
may provide for the construction of the District Facilities in several phases
and at different times. The District shall prepare, or cause to be prepared,
plans and specifications for the construction of the facilities. Copies of
Plans and specifications shall be filed with City and District. Plans and
Specifications for the construction of any improvements shall be approved
by the party responsible under normal operations.
Section 7. DescriRti_on of Facilities and Plans.
The non -turfed areas of the Crafton Elementary School at 311 Wabash Avenue
and the Kimberly Elementary School at 301 West South Avenue. The areas com-
prise approximately six (6) acres at each site.
Section 8. Acceptance of Work.
All plans, profiles, and other specifications therefore, shall be prepared
by District, but shall be submitted to such officer of City (Parks Director)
as may be by resolution designated by City Council of City for that purpose,
Inspections necessary to ascertain the compliance by the contractor with the
plans, profiles and specifications shall be made by the City and a report thereon
submitted to District and City. It shall be the joint responsibility of City
and District to determine finally the adequacy of such performance and to
accept finally the work as completed.
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Section 9. Procedures and Changes in Work.
The project shall be constructed in accordance with the normal procedures
employed by City, in the construction of public projects. In the administration
of such contracts, in the inspection and testing of materials and in other job
procedures, City staff shall follow normal City procedures and District speci-
fications.
City shall have the right to make changes in the work in any construction
contract or contracts; provided that such changes shall be made in the following
manner:
(a) By written modification of the construction contract or contracts
ordered by District with the approval of the City Council of City or the Board
of Education of District, as the case may be, in the manner specified by Govern-
ment Code 25461 and 25462; or
(b) By written change order signed by both District and City officials
performing the duties or designated as performing the duties, In the manner
and subject to the limitations specified by Government Code 25466, or in the
case of the construction of City Facilities, Government Code 25467 may also be
utilized.
Section 10, Fund Appropriation.
No service shall be performed hereunder unless the parties to this contract
shall have funds available from the Robert!•-Z'Berg Urban and Open -Space and
Recreation Program SB 174. Said funds shall be administered by City.
Section 11. Office,
City and District mutually agree as to the necessity for District to
maintain administrative offices and service. District shall furnish at its
own cost and expense all necessary office space, furnishings, furniture, office
supplies, janitor service, telephone, light, water and other utilities.
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Section 12, Employee Rights.
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Persons employed by District or City in the performance of services and
functions pursuant to this Agreement shall have no claim to pension, civil
service or other employee rights granted by City to its officers and employees.
Section 13. Coo eration.
To facilitate performance under this Agreement, City shall have full
cooperation and assistance from District, its officers, agents and employees.
Section 14. City Liability.
City, its officers and employees, shall not be deemed to assume any
liability for the negligence of District. District shall hold City harmless
from, and shall defend City and its officers and employees thereof against
any claim for damages resulting therefrom.
Section 15. District Liabilit .
District shall assume liability for the payment of salary, wages, or
other compensation to officers, agents or employees of City performing services
hereunder for District, as required to administer program of SB 174, or any
liability other than that provided in this Agreement.
District shall not be liable for compensation or indemnity to officers or
employees of City for injury or sickness arising out of performance of this
Agreement.
Section 16. Records.
Each officer or department of City performing any service for District
under this Agreement shall keep reasonable itemized and, in detail, work or
job records covering the cost of all services performed, including salary,
wages, and other compensation for labor, supervision and planning plus overhead,
the reasonable rental value of all machinery or equipment owned by City, the
cost of all machinery and supplies furnished by District, reasonable handling
M
Charges, and all additional items of expense incidental to the performance of
such function or service for grant purposes only.
Section 17. Statement for Services Performed.
Each officer or department of the City performing any service hereunder
shall render to District at the close of each calendar month an itemized state-
ment covering all services performed during said month for grant purposes only.
Section 18. Assurances.
Nothing in this Agreement shall prohibit the City from complying with
assurances and certifications made with respect to the grant, and all regulations,
policy guidelines and requirements thereto. In the event of a conflict between
this Agreement and such assurances and certifications, the assurances and certi-
fications shall apply.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to
be affixed hereto by the proper officers thereof. This agreement is signed and
exeucted this day of , 1978.
ATTEST:
ATTEST:
ITY CLER
SECRETARY/CLERK Y ��
CITY F RE O NDS
By
REDLAalFlEILCHIOL DISTRICT
By:
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The non -turfed areas of the Crafton Elementary School located at
311 Wabash Avenue in the City of Redlands, The total site is comprised of
13.23 acres with approximately six (6) non -turfed acres.
EXHIBIT''V
The non -turfed areas of Kimberly Elementary School located at 301 West
South Avenue in the City of Redlands. The total site is comprised of 15.33
acres with approximately 6.23 non -turfed acres.
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CITY MANAGER (Continued)
on motion of Councilman DeMirjyn, seconded by Council --
Grant Deed man Knudsen, authorization was unanimously given to
Park accept a Grant Deed for property for park purposes on
Judson Street. between San Bernardino Avenue and Penn-
sylvania Avenue.
A Grant of Easement from the City of Redlands to the
Easement United States of America for a portion of the California
to United Street land --fall site with termination date of January
States of 3, 1987, was unanimously approved on motion of Council --
America. man DeMirjyn, seconded by Councilman Knudsen. This
approval includes authorization for the Mayor and City
Clerk to sign the documents in behalf of the City.
An agreement with the Redlands Unified School District
for the furnishing of water for the turfed area in
connection with the Kimberly School and Crafton School
Turfing was discussed at very great length and approved on mo-
Agreement /tion of Councilman Knudsen, seconded by Councilman
Elliott, by the following roll call vote:
AYES: Councilmembers Knudsen, Elliott; Mayor Martinez
NOES: Councilmembers DeMirjyn, Riordan
ABSENT: None
On motion of Councilman Knudsen, seconded by Councilman
Agreement DeMirjyn, approval was given for the City to enter into
Alabama an agreement with the City of San Bernardino for the re --
Street pair of the damage on Alabama Street as it crosses City
Construction Creek. This was given unanimously on motion of Council. --
man Knudsen, seconded by Councilman DeMirjyn.
Street Superintendent John Donnelly presented a map and
a description of the property needed in the realignment
Property of Sunset Drive to intersect with the southerly exten-
Purchase sion of Wabash Avenue. The present value of the property
Sunset Drive is �13,500 and Mr. Donnelly recommends Council approval
of this purchase_ on motion of Councilman DeMirjyn,
seconded by Councilman Elliott, unanimous approval was
given for this purchase with Gas Tax Funds of Parcel No.
176-106-01.
City Manager Mitchell presented an application from the
Alcoholic Beverage Control for on -site license at the
Sizzler Restaurant.
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July 18, 1978