HomeMy WebLinkAboutContracts & Agreements_140-2016REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
April 24, 2012
GERRY NEWCOMBE, Director
Flood Control District
SUBJECT: MUTUAL AID AGREEMENT WITH CITY OF YUCAIPA FOR CONTRACT
MAINTENANCE WORK
Acting as the governing body of the County Flood Control District (District), approve a mutual aid
Agreement No. 12-230 between the District and the City of Yucaipa (City) for minor flood control
facility repairs and maintenance work on facilities within the incorporated area of the City in an
amount not to exceed $25,000 per project for the period of April 24, 2012 through May 1, 2017.
(Affected Districts: Third)
(Presenter: Gerry Newcombe, Director, 387-7906)
Improve County Government Operations.
Operate in a Fiscally -Responsible and Business -Like Manner.
Maintain Public Safety.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Costs for this work will vary depending upon the maintenance or repair needs. Approval of this
item will result in unknown costs to the District's Zone 3 budget because future maintenance and
repair needs as related to this agreement are unforeseeable. All work requested by City will be
performed by District staff and will be 100% reimbursable by City, up to a total of $25,000 per
project. All work requested by District will be performed by City staff and will be 100%
reimbursable by District, up to a total of $25,000 for each project.
nds for this work will be provided through District Zone 3 budget (RFL 093 093). The City shall
mburse the District upon completion of each work assignment and receipt of an invoice. In
;ordance with the agreement after the District completes each work assignment, the City will
;ume the responsibility of maintenance and operations of the subject roads and drainage
cc: Flood Control-Walkerw/agreement
Contractor c/o Flood Control
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Auditor -Accounts Payable Manager
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EBIX-BPO c/o Risk Management
CAO-Valdez
File - Wagreement
ml 04/26/12
ITEM 59
Rev 419-11
Page 1 of 2
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Contract Number
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Flood Control District Dept. Orgn.
Flood Control District 097 097
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Melissa Walker 909 387-6120
Total Contract Amount
Contract Type
❑ Revenue ❑ Encumbered ❑ Unencumbered ® Other. MUTUAL AID
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
contract End Date
Original Amount
Amendment Amount
Fund
RFL
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093
Organization
093
Appr.
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GRC/PROJ/JOB No.
Amount
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GRC/PROJ/JOB No.
Amount
Project Name
City of Yucaipa Contract
Maintenance Work
Estimated Payment Total by Fiscal Year
FY Amount 1/D FY Amount I/D
$
THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the San Bernardino County Flood Control District, and
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399-9950
Telephone Federal I No. or Social Security No.
(909) 797-2489
hereinafter called CITY
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for
performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach
plans, specifications, and addenda, if any.)
WITNESSETH
WHEREAS, the City of Yucaipa (hereinafter referred to as "CITY") has observed that
many of its flood control facilities, access roads, and related appurtenances within its
jurisdictional area need occasional repair and cleanup; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more
efficient maintenance, cleanup, or repair of its flood control facilities, access roads, and related
appurtenances within CITY to contract with County of San Bernardino Flood Control District
(hereinafter referred to as "DISTRICT') to perform work on CITY drainage facilities, located
within the incorporated area of CITY (hereinafter after referred to as "CONTRACT WORK"); and
WHEREAS, this work will be performed by DISTRICT staff; and
WHEREAS, CITY will reimburse the DISTRICT, a total amount not to exceed $25,000
per project for CONTRACT WORK requested by CITY and completed within the incorporated
area of CITY; and
WHEREAS, DISTRICT has determined that it is sometimes necessary for the more
efficient maintenance, cleanup, or repair of drainage facilities and related appurtenances within
DISTRICT jurisdiction to contract with CITY to perform CONTRACT WORK on DISTRICT
facilities, located within the incorporated area of CITY; and
WHEREAS, this CONTRACT WORK will be performed by CITY staff; and
WHEREAS, DISTRICT will reimburse the CITY, a total amount not to exceed $25,000
per project for CONTRACT WORK requested by DISTRICT and completed within the
incorporated area of CITY; and
WHEREAS, DISTRICT and CITY desire to set forth the responsibilities and obligations
of each as they pertain to the CONTRACT WORK located within the incorporated region and
under the jurisdiction of CITY.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION I
1.0 For CONTRACT WORK provided to CITY:
DISTRICT AGREES TO:
1.1 Schedule the CITY requested CONTRACT WORK on receipt of a written "Notice
to Proceed" from the CITY and provide to CITY a schedule of work days
anticipated for the CONTRACT WORK for CITY's concurrence.
1.2 Utilize DISTRICT's Operations labor force in providing services under this
Agreement.
1.3 Obtain a no -cost permit from CITY for work within CITY's rights of way.
1.4 Upon completion of each CONTRACT WORK assignment, submit to CITY an
itemized accounting of CONTRACT WORK costs incurred by DISTRICT and an
invoice for any related costs.
1.5 Comply with any applicable California Environmental Quality Act (CEQA)
requirements as well as completing the required CEQA documents.
CITY AGREES TO:
1.6 Provide DISTRICT a written "Notice to Proceed" for any authorized work
requested by CITY.
1.7 Provide a no -cost permit to DISTRICT for its work within CITY's rights of way.
1.8 After DISTRICT completes each individual CONTRACT WORK assignment and
submits an itemized accounting of actual CONTRACT WORK costs incurred by
DISTRICT along with an invoice, to reimburse DISTRICT for CONTRACT WORK
costs within thirty (30) days after receipt of invoice.
1.9 Provide a qualified representative who shall have the authority to discuss and
attempt to resolve issues concerning the CONTRACT WORK with the
DISTRICT.
1.10 Continue to accept all operation and maintenance responsibilities of the roads
and/or flood control facilities identified in the "Notice to Proceed" letter provided
by CITY. Both parties agree that under this Agreement, DISTRICT is only
responsible to provide the CONTRACT WORK of CITY roads and/or flood control
facilities identified in the "Notice to Proceed" from CITY. After completion of
DISTRICT's CONTRACT WORK on any particular road and/or flood control
facility, CITY shall be responsible for all future maintenance and repair work,
unless DISTRICT receives a future request by CITY to provide additional
CONTRACT WORK under this Agreement, followed by a written "Notice to
Proceed".
SECTION II
2.0 For CONTRACT WORK provided to DISTRICT:
CITY AGREES TO:
2.1 Schedule the DISTRICT requested CONTRACT WORK on receipt of a written
"Notice to Proceed" from the DISTRICT and provide to DISTRICT a schedule of
work days anticipated for the CONTRACT WORK for DISTRICT's concurrence.
2.2 Utilize CITY's labor force in providing services under this Agreement.
2.3 Obtain a no -cost permit from DISTRICT for work within DISTRICT's rights of way.
2.4 Upon completion of each CONTRACT WORK assignment, submit to DISTRICT
an itemized accounting of CONTRACT WORK costs incurred by CITY and an
invoice for any related costs.
2.5 Comply with any applicable California Environmental Quality Act (CEQA)
requirements as well as completing the required CEQA documents.
DISTRICT AGREES TO:
2.6 Provide CITY a written "Notice to Proceed" for any authorized work requested by
DISTRICT.
2.7 Provide a no -cost permit to CITY for its work within DISTRICT's rights of way.
2.8 After CITY completes each individual CONTRACT WORK assignment and
submits an itemized accounting of actual CONTRACT WORK costs incurred by
CITY along with an invoice, to reimburse CITY for CONTRACT WORK Costs
within thirty (30) days after receipt of invoice.
2.9 Provide a qualified representative who shall have the authority to discuss and
attempt to resolve issues concerning the CONTRACT WORK with the CITY.
2.10 Continue to accept all operation and maintenance responsibilities of the flood
control facilities and appurtenances identified in the "Notice to Proceed" letter
provided by DISTRICT. Both parties agree that under this Agreement, CITY is
only responsible to provide the CONTRACT WORK of facilities identified in the
"Notice to Proceed" from DISTRICT. After completion of CITY's CONTRACT
WORK on any particular facility, DISTRICT shall be responsible for all future
maintenance and repair work, unless CITY receives a future request by
DISTRICT to provide additional CONTRACT WORK under this Agreement,
followed by a written "Notice to Proceed".
SECTION III
3.0 IT IS MUTUALLY AGREED:
3.1 The types of CONTRACT WORK shall include, but not be limited to: repair of
flood control basin access roads, providing heavy equipment for storm debris
cleanup, repair of fencing, minor basin excavation and facility repair, culvert and
miscellaneous drainage repairs.
3.2 The County of San Bernardino Director of Public Works shall have authority to
provide estimates and approve CONTRACT WORK projects up to $25,000.00
each.
3.3 DISTRICT and CITY will accept payment from each other for CONTRACT
WORK requested by CITY or DISTRICT for up to $25,000.00 per project
through Purchase Orders.
SECTION IV
4.0 IT IS FURTHER UNDERSTOOD AND AGREED:
4.1 The Effective Date of Acceptance of this AGREEMENT shall be the first
date on which all of the following has occurred: (1) the CITY Council and
DISTRICT Board have approved the AGREEMENT; and (2) the
authorized representative of each has signed the AGREEMENT; and (3)
a fully executed copy of the AGREEMENT has been submitted to all
PARTIES.
4.2 All of the DISTRICT's revenues as defined below, have been pledged to
secure the payment of the principal and interest on certain bonds and
refunding bonds ("Bonds") issued by the DISTRICT in May 2007. The
pledge constitutes a first lien on the revenues for the payment of the
Bonds. Any payments under this AGREEMENT are subject to the prior
pledge of revenues described above. DISTRICT payments pursuant to
this AGREEMENT will be made to the extent there are sufficient funds
available after payment of the Bonds. For purposes of this paragraph,
"revenues" shall mean all income and revenue received by the DISTRICT
from the operation or ownership of the flood and storm water control and
conservation facilities ("Flood Control System") of the DISTRICT
(including but not limited to, all real and personal property, or any interest
therein, and all additions, improvements, betterments and extensions
thereto), determined in accordance with Generally Accepted Accounting
Principles, including all ad valorem property taxes received by the
DISTRICT pursuant to Article XIIIA of the Constitution of the State of
California and Section 95 et seq. of the California Revenue and Taxation
Code, all rents, royalties and license and permit fees and charges
received by the DISTRICT, investment income and all other money
howsoever derived by the DISTRICT from the operation or ownership of
the Flood Control System or arising from the Flood Control System, but
excluding (a) ad valorem property taxes levied to pay any voter approved
general obligation indebtedness of the DISTRICT, (b) assessments levied
pursuant to Section 43-7 or Section 43-26.9 of the San Bernardino
County Flood Control Act (Cal.. Water Code App. Sect. 43-1 of sec.),
and (c) grants, advances or contributions in aid of construction, except to
the extent such grants are unrestricted and available for any expenditure
of the DISTRICT.
4.3 Insurance and Indemnification
DISTRICT and CITY are authorized self -insured public entities for
purposes of Professional Liability, General Liability, Automobile Liability
and Worker's Compensation and warrant that through their respective
programs of self-insurance, they have adequate coverage or resources to
protect against liabilities arising out of performance of the terms,
conditions or obligations of this agreement.
DISTRICT agrees to indemnify, defend (with counsel approved by CITY)
and hold harmless CITY, its officers, agents, volunteers from any and all
claims, actions or losses, damages, and/or liability resulting from the
DISTRICT's negligent acts or omissions which arise from DISTRICT's
performance of its obligations under the Agreement.
CITY agrees to indemnify, defend (with counsel approved by DISTRICT)
and hold harmless DISTRICT, its officers, agents, volunteers from any
and all claims, actions or losses, damages, and/or liability resulting from
CITY's negligent acts or omissions which arise from CITY's performance
of its obligations under the Agreement
4.4 PARTIES agree to waive all rights of subrogation against each other.
4.5 No supplement, modification, or amendment of this AGREEMENT shall
be binding unless executed in writing and signed by all PARTIES.
4.6 All notices, approvals, consents or other documents required or permitted
under this AGREEMENT shall be in writing and, except as otherwise
provided herein, shall be effective upon personal delivery or three days
after deposit in the United States mail, certified, with first class postage,
fully prepaid, addressed as follows:
City of Yucaipa San Bernardino County
34272Yucaipa Blvd. Flood Control District
Yucaipa, CA 92399-9950 825 East Third Street
Attn.: Ray Casey San Bernardino, CA 92415-0835
City Manager Attn.: Gerry Newcombe,
Director of Public Works
4.7 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, estoppel, or
otherwise.
4.8 This AGREEMENT shall be governed by the laws of the State of
California. 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. Any dispute or action to enforce any
obligation under this AGREEMENT shall be filed and resolved in the
appropriate Superior Court in the County of San Bernardino, California.
In the event of litigation arising from this AGREEMENT, each PARTY to
the AGREEMENT shall bear its own costs, including attorney's fees. This
provision concerning costs shall not apply to costs or attorney's fees
relative to paragraphs 4.3.
4.9 This AGREEMENT contains the entire AGREEMENT of the PARTIES
with respect to subject matter hereof, and supersedes all other prior
negotiations, understandings or contracts. This AGREEMENT may only
be modified in writing, signed by all PARTIES.
4.10 This AGREEMENT may be terminated, with or without cause, by either
CITY or DISTRICT upon thirty (30) days advance written notice by the
party wishing to terminate, provided however, that any such cancellation
shall not be effective as to any existing obligations pursuant to any
CONTRACT WORK authorized prior to notice of cancellation. In the
event of cancellation as provided herein, all CONTRACT WORK costs
required to be paid by the PARTIES prior to the effective date of
cancellation shall be paid by the parties in the same proportion to their
contribution for the CONTRACT WORK.
4.11 Except with respect to the PARTIES' indemnification obligations
contained herein, this AGREEMENT shall terminate on May 1, 2017.
4.12 This AGREEMENT may be signed in counterparts, each of which shall
constitute an original.
4.13 The Recitals preceding the terms of this AGREEMENT are incorporated
into the terms hereof by this reference and constitute constructive terms of
this AGREEMENT.
IN WITNESS WHEREOF, this AGREEMENT, has been fully executed on behalf of
DISTRICT by its duly authorized Board members and CITY has caused the same to be
duly executed in its name and on its behalf by it duly authorized representative.
This AGREEMENT shall inure to the benefit of and to be binding upon the successors and
assigns both PARTIES.
COUNT F 9 BERNARDINO FLOOD CONTROL DISTRICT
tea+
Josie Gonzales, air
Dated: APR 2 d 2012
M
H. Welch, Secretary
Dated: APR 2 4 I'll
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Date ��` ^/ Date -/ 3h — Date ' "t�(.6Ci
III
CITY OF YUCAIPA CONTRACT MAINTENANCE AGREEMENT
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the
DISTRICT and the CITY of Yucaipa by their duly authorized officers, effective as of the
date hereunder written.
City of Yucaipa
(Print or type name `of�ffo/coyy//ee((��tion, company, contractor, etc.)
Au[horrsignature n blue ink)
Name Dick Riddell
(Print or type name of person signing contract)
Title Mayor
( (Print or Type)
Dated: -l��D � 20
Address 34272 Yucaipa Blvd.
Yucaipa. CA 92399-9950
Approved a�,sfllto Legal Form Attested b
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City Attorney 7Date
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FOR OFFICIAL USE ONLY
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Contract Number
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If not encumbered or revenue contract type, provide
reason:
Commodity Code
Contract. Start
Contract End Date
Original Amount
Amendment Amount
06-30-2019
$400,000
$
Fund
Dept.
Organizatuon
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Obi/Rev Source
GRC/PROJIJOB No
Amount
RFF
092
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$400,000
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Amount
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092
092
200
2445
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$400,000
Fund
Dept.
organization
Appr.
Obj/Rev Source
GRC/PR0J/J013 No.
Amount
$
Project Name
Estimated Payment Total by Fiscal Year
City of Redlands Contract
FY
15/16
16/12
17/18
Amount
$100,000
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I/D FY Amount I/D
18/19 $100,000
Maintenance Work
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control
District, hereinafter called the DISTRICT, and
Name
City of Redlands hereinafter called CITY
Address
P.O. Box 3005
Redlands, CA 92373
Telephone Federal ID No. or Social Security No.
(909)-798-7510 On File
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional band sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, ifany,)
WHEREAS, City of Redlands (hereinafter referred to as "CITY") has observed that many of its flood control
facilities, access roads, and related appurtenances within its jurisdiction need occasional maintenance and repair;
and
WHEREAS, the San Bernardino County Flood Control District Act (Act) authorizes DISTRICT to contract with
CITY for the maintenance, construction, or repair of CITY flood control facilities, access, roads, and related
01180 0006/283611.1
A uditor-ControllerlTreasurerlTax Collector Use Only
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Input Date Keyed By
Page 1 of 7
appurtenances within CITY's jurisdiction if the legislative body of CITY determines that it is necessary for the
more efficient maintenance and repair of said facilities, access roads, and appurtenances; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance and
repair of its flood control facilities, access roads, and related appurtenances within CITY to contract with
DISTRICT for DISTRICT to sometimes perform said work, including emergency work (this term should be further
explained or explicitly defined somewhere), on flood control facilities, access roads, and related appurtenances
located within the incorporated area of CITY (hereinafter after referred to as "DISTRICT CONTRACT WORK");
and
WHEREAS, DISTRICT CONTRACT WORK will be performed by DISTRICT staff and/or DISTRICT contractors;
and
WHEREAS, DISTRICT CONTRACT WORK will not exceed $25,000 per project and CITY will reimburse
DISTRICT for all costs incurred by DISTRICT in performing such DISTRICT CONTRACT WORK requested by
CITY and completed by DISTRICT; and
WHEREAS, the San Bernardino County Flood Control District Act also authorizes DISTRICT to contract with
CITY for the CITY to perform maintenance, construction, or repair of DISTRICT flood control facilities, access
road, and related appurtenances within CITY's sphere of influence as defined by the San Bernardino County
Local Agency Formation Commission (CITY Sphere); and
WHEREAS, DISTRICT has determined that it is necessary for the more efficient maintenance and repair of its
flood control facilities, access roads, and related appurtenances to contract with CITY for CITY to sometimes
perform CONTRACT WORK, which includes emergency work (same comment), on DISTRICT flood control
facilities, access roads, and related appurtenances located within CITY's Sphere (CITY CONTRACT WORK);
and
WHEREAS, CITY CONTRACT WORK will be performed by CITY staff; and
WHEREAS, CITY CONTRACT WORK will not exceed $25,000 per project and DISTRICT will reimburse CITY for
all costs incurred by CITY in performing CITY CONTRACT WORK as requested by DISTRICT and completed by
CITY; and
WHEREAS, DISTRICT and CITY desire to set forth the responsibilities and obligations of each as they pertain to
the work described in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION I
1.0 For DISTRICT CONTRACT WORK provided to CITY:
DISTRICT AGREES TO:
1.1 Schedule requested DISTRICT CONTRACT WORK upon receipt of a written "Notice to Proceed"
from CITY and to provide to CITY a schedule of work days anticipated for the DISTRICT
CONTRACT WORK for CITY's concurrence. DISTRICT, through its authorized representative
identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove
an individual "Notice to Proceed" and provide specific services to CITY.
1.2 Utilize DISTRICT's labor force or contractors in providing services under this Agreement.
1.3 Obtain a no -cost permit from CITY for any DISTRICT CONTRACT WORK to be performed within
CITY's right-of-way.
01 I K0006/283611.1
Revised 05/04/2015 Page 2 of 7
1.4 Upon completion of each individual DISTRICT CONTRACT WORK assignment, submit to CITY an
itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT and an
invoice for any related costs.
CITY AGREES TO:
1.5 Provide DISTRICT a written "Notice to Proceed" for any authorized work requested by CITY.
1.6 Provide a no -cost permit to DISTRICT for its work within CITY's right-of-way.
1.7 After DISTRICT completes each individual DISTRICT CONTRACT WORK assignment and submits
an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT along
with an invoice, to reimburse DISTRICT for DISTRICT CONTRACT WORK costs within thirty (30)
days after receipt of invoice.
1.8 Provide a qualified representative who shall have the authority to discuss and attempt to resolve
any issues or disputes which may arise concerning the DISTRICT CONTRACT WORK with the
DISTRICT.
1.9 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as
completing the required CEQA documents.
SECTION Ii
2.0 FOR CITY CONTRACT WORK PROVIDED TO DISTRICT:
CITY AGREES TO:
2.1 Schedule the requested CITY CONTRACT WORK upon receipt of a written "Notice to Proceed"
from the DISTRICT and provide to DISTRICT a schedule of work days anticipated for the CITY
CONTRACT WORK for DISTRICT's concurrence. CITY, through its authorized representative
identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove
an individual "Notice to Proceed" and provide specific services to DISTRICT.
2.2 Utilize CITY's labor force in providing services under this Agreement.
2.3 Obtain a no -cost permit from DISTRICT for any CITY CONTRACT WORK within DISTRICT's right-
of-way.
2.4 Upon completion of each CITY CONTRACT WORK assignment, submit to DISTRICT an itemized
accounting of CITY CONTRACT WORK costs incurred by CITY and an invoice for any related
costs.
DISTRICT AGREES TO:
2.5 Provide CITY a written "Notice to Proceed" for any authorized work requested by DISTRICT.
2.6 Provide a no -cost permit to CITY for its work within DISTRICT's right-of-way.
2.7 After CITY completes each individual CITY CONTRACT WORK assignment and submits an
itemized accounting of actual CITY CONTRACT WORK costs incurred by CITY, along with an
invoice, to reimburse CITY for CITY CONTRACT WORK costs within sixty (60) days after receipt of
invoice.
2.8 Provide a qualified representative who shall have the authority to discuss and attempt to resolve
any issues or disputes which may arise concerning the CITY CONTRACT WORK with the CITY.
2.9 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as
completing the required CEQA documents.
SECTION III
3.0 IT IS MUTUALLY AGREED:
3.1 DISTRICT CONTRACT WORK and CITY CONTRACT WORK shall include, but not be limited to:
maintenance or emergency repair of flood control facilities, access road, and related
0l 180.00061283611.1
Revised 05/0412015 Page 3 of 7
appurtenances, as well as providing heavy equipment for storm debris cleanup, repair of fencing,
minor basin excavation and facility repair, culvert repair, and miscellaneous drainage repairs.
3.2 The cost for each project shall not exceed twenty-five thousand dollars ($25,000).
3.3 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred
thousand dollars ($100,000) per fiscal year, absent a written amendment to this Agreement. The
total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred thousand
dollars ($100,000) per fiscal year, absent a written amendment to this Agreement.
3.4 CITY or DISTRICT is only responsible to provide the CONTRACT WORK of facilities identified in
the "Notice to Proceed" from the requesting party (CITY or DISTRICT) and agreed to by the non -
requesting party (CITY or DISTRICT). After completion of CONTRACT WORK on any particular
facility, the requesting party (CITY or DISTRICT) shall be responsible for all future maintenance and
repair work, unless the non -requesting party (CITY or DISTRICT) receives a future request to
provide additional CONTRACT WORK under this Agreement, followed by an approval of a written
"Notice to Proceed."
SECTION IV
4.0 IT IS FURTHER UNDERSTOOD AND AGREED:
4.1 The requesting party (CITY or DISTRICT) shall prepare and submit to the non -requesting party
(CITY or DISTRICT) a "Notice to Proceed" that outlines the work requested within the scope and
budget limitations of this Agreement. The Notice to Proceed shall include the location of such work,
i.e. the flood control facility or facilities and/or or access road(s)), the scope of the work, the
requested schedule, the level of service required (if necessary), and other pertinent terms and
details for the project within the scope of this Agreement. The DISTRICT Director and the CITY
Director of Public Works/City Engineer shall have the authority to provide estimates and approve
CONTRACT WORK projects up to $25,000 each. The non -requesting party shall develop cost
estimates and project schedules for review by the requesting party using Board of Supervisors
(BOARD)/ City Council (COUNCIL) approved labor and equipment rates that include fringe and
overhead for actual employee classifications, Department equipment rates that will recover the
depreciation expenses and the maintenance and repair cost of the equipment used for the proposed
work assignment and estimated material costs. If requested, the estimate of cost will be provided to
the requesting party prior to the commencement of work. The non -requesting party is under no
obligation to perform work tasks and the non -requesting party's representative identified -in
Paragraph 4.5 may decline to perform the requested work for any reason or for no reason.
4.2 The Effective Date of this Agreement shall be the first date on which all of the following has
occurred: (1) the CITY's Council and DISTRICT's governing board (the San Bernardino County
Board of Supervisors) have approved the Agreement; and (2) the authorized representative of each
has signed the Agreement; and (3) a fully executed copy of the Agreement has been submitted to
CITY and DISTRICT.
4.3 Insurance and Indemnification
DISTRICT and CITY are authorized self -insured public entities for purposes of Professional Liability,
General Liability, Automobile Liability and Worker's Compensation and warrant that through their
respective programs of self-insurance, they have adequate coverage or resources to protect against
liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of DISTRICT under or in connection with
any work, authority or jurisdiction delegated to or determined to be the responsibility of DISTRICT
under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section
895.4, DISTRICT shall fully indemnify, defend and hold CITY harmless from any liability imposed for
01180.0006/283611.1
Revised 05/04/2015 Page 4 of 7
injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions
on the part of DISTRICT under or in connection with any work, authority or jurisdiction delegated to
or determined to be the responsibility of DISTRICT under this Agreement.
Neither DISTRICT nor any officer or employee of DISTRICT shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of CITY under or in connection with
any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under
this Agreement. It is also understood and agreed that, pursuant to Government Code, Section
895.4, CITY shall fully indemnify, defend and hold DISTRICT harmless from any liability imposed for
injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions
on the part of CITY under or in connection with any work, authority or jurisdiction delegated to or
determined to be the responsibility of CITY under this Agreement.
In the event DISTRICT and/or CITY is found to be comparatively at fault for any claim, action, loss or
damage which results from their respective obligations under this Agreement, DISTRICT and/or
CITY shall indemnify the other to the extent of its comparative fault.
CITY and DISTRICT agree to waive all rights of subrogation against each other.
4.5 No supplement, modification, or amendment of this Agreement shall be binding unless executed in
writing and signed by CITY and DISTRICT.
4.6 All notices, approvals, consents or other documents required or permitted under this Agreement
shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery
or three days after deposit in the United States mail, certified, with first class postage, fully prepaid,
addressed as follows:
City of Redlands
P.O. Box 3005
Redlands, CA 92373
ATTN.: Fay Glass
Emergency Operations Manager
San Bernardino County
825 E. 31d Street
San Bernardino, CA 92415 — 0835
ATTN: Gerry Newcombe, Director
4.7 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, estoppel, or
otherwise.
4.8 This Agreement shall be governed by the laws of the State of California. 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. Any dispute or action to enforce any obligation under this Agreement shall be filed and
resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event
of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs,
including attorney's fees. This provision concerning costs shall not apply to costs or attorney's fees
relative to paragraphs 4.3.
4.9 This Agreement contains the entire Agreement of the parties with respect to subject matter hereof,
and supersedes all other prior negotiations, understandings or contracts. This Agreement may only
be modified in writing, signed by authorized representatives of both CITY and DISTRICT.
01180.0006/283611.1
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4.10 This Agreement may be terminated, with or without cause, by either CITY or DISTRICT upon thirty
(30) days advance written notice by the party wishing to terminate, provided however, that any such
cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK
authorized prior to notice of cancellation. In the event of cancellation as provided herein, all
CONTRACT WORK costs required to be paid by the parties prior to the effective date of cancellation
shall be paid by the parties in the same proportion to their contribution for the CONTRACT WORK.
4.11 Except with respect to the indemnification obligations contained herein, this Agreement shall
terminate on June 30, 2019.
4.12 This Agreement may be signed in counterparts, each of which shall constitute an original.
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WITNESS WHEREOF, this AGREEMENT, has been fully executed on behalf of DISTRICT by its duly
authorized Board members and CITY has caused the same to be duly executed in its name and on its behalf
by it dully authorized representative,
This AGREEMENT shal:l inure to the benefit of and to be binding upon the successors and assigns both
PARTIES.
DISTRICT
Do.
James Ramos, Board Chairman
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Clerk of the Board
By
Deputy
Approved as to Legal Form
110-
Counsel — l L. Norton
Date
Wor
(Print or type name of car t, contractor, etc.)
,Sora ion, cppa
By
(Authorized signature - sign in blue ink)
Name Paul W. Foster
(Print or type name of person signing contract)
Title Mayor, City of Redlands
(Print or Type)
Dated: July 19, 2016
Address 35 Cajon Street -
Redlands, CA 92373
7-
ATTEST:
Sam Irwin, City Cl , erk
Revnewed by Contract Compliance
a
am
Presented to Board for Signature
l
Director - Gerry Newcombe
Date
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