HomeMy WebLinkAboutContracts & Agreements_41-2000AGREEMENT TO FURNISH
COST RECOVERY SERVICES
This Agreement is made and entered into this a day of April, 2000, by and between the City
of Redlands, a general law city (hereinafter "Redlands") and the City of Colton, a general law city,
hereinafter ("Colton").
In consideration of the mutual covenants and conditions hereinafter set forth, the Cities of
Redlands and Colton agree as follows:
Section 1. Redlands Obligations. Colton hereby engages Redlands, and Redlands
hereby accepts the obligation, to perform cost recovery services (the "Services") for Colton. The
Services shall be performed by Redlands in a professional manner, and Redlands represents that it
has the skill and the professional expertise necessary to provide high quality Services for Colton at
the level of competency presently maintained by others performing similar types of services for
cities. The specific Services which Redlands shall perform include, but are not limited to, the
recovery of monies in behalf of Colton for all types of incidents and activities for which Redlands
seeks recovery on its own behalf, such as aid rendered to non-residents related to hazardous materials
incidents, traffic collisions and "DUI" recovery costs; and fires resulting from negligent costs and
damages to Colton property. Redlands shall also supply all tools and supplies necessary to perform
the Services.
Section 2.- Colton Obligations. Colton shall make available to Redlands all information
in Colton's possession that is reasonable or necessary for Redlands to perform the Services. Colton
shall provide access to and make provision for Redlands to enter upon Colton -owned property, as
required by Redlands, to perform the Services. Colton shall designate one of its employees to act
as its representative and principal contact with Redlands with respect to the Services to be performed
by Redlands under this Agreement.
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Section 3. Term of Agreement. Redlands shall perform the Services in a diligent
manner, and in accordance with the terms and conditions of this Agreement, for a period of three (3)
years from the date of this Agreement.
S ection 4. Payments. The total compensation for Redlands' performance of the Services
shall be fifty percent (50%) of all monies actually recovered by Redlands for Colton. Redlands shall
bill Colton within ten days following the close of each month in which recovery of money is made
by Redlands, by submitting an invoice indicating the Services performed for that recovery effort and
who performed the Services. Payments by Colton to Redlands shall be made following receipt of
the money and within 20 days after receipt and approval of Redlands' invoice. No invoice shall be
approved until the money is received by Colton.
Section 5. Notice. All notices shall be made in writing and shall be given by personal
delivery or by mail. Notices sent by mail shall be addressed as follows:
Redlands Colton
Finance Department Tom Hendrix
City of Redlands Fire Chief
35 Cajon Street, Suite 30 City of Colton
P. O. Box 3005 650 North La Cadena Drive
Redlands, CA 92373 Colton, CA 92324
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section.
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Section 6. Insurance and Indemnification.
A. Redlands shall maintain worker's compensation insurance and, in addition, shall --
maintain insurance to protect Colton from claims for damage due to personal injury and claims for
damages to property while performing the Services required by this Agreement.
B. Redlands shall indemnify and hold harmless Colton and its elected officials, officers
and employees from and against all claims, loss, damage, charges or expense, to which it or any of
them may be put or subjected to the extent such claims and damages that arise out of, or result from,
any negligent act or omission on the part of Redlands, anyone directly or indirectly employed by
Redlands, or anyone for whose acts or omissions Redlands may be liable in the performance of the
Services required by this Agreement.
C. Colton shall indemnify, hold harmless and defend Redlands and its elected officials,
officers and employees from and against all claims, loss, damage, charges or expense, to which it
or any of them may be put or subjected to the extent that they arise out of or result from any
negligent act or omission on the part of Colton, anyone directly or indirectly employed by Colton,
or anyone for whose acts or omissions Colton may be liable in the performance of the Services
required by this Agreement.
Section 7. Attorneys' Fees. In the event any action is commenced to enforce or interpret
any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs
and other relief, be entitled to the recovery of its reasonable attorneys° fees.
Section 8. Assignment. Redlands shall not assign any of the Services required by this
Agreement, except with the prior written approval of Colton and in strict compliance with the terms,
provisions and conditions of this Agreement.
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Section 9. Entire Agreement. This Agreement represents the entire agreement and
understanding between the parties and any prior negotiations, proposals or oral agreements are
superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved -
by the City Council of Redlands and signed by Redlands and Colton.
Section 10. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, duly authorized representatives of the Cities of Redlands and
Colton have signed in confirmation of this Agreement.
City of Redlands
("Redlands")
By(��
Pat Gilbreath
Mayor
ATTEST:
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B
City of Colton
("Colton")
Deirdre H. Bennett
Mayor Pro Tem
ATTEST:
City Clerk, City of Colton
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Agreement - California Street Landfill - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an agreement with Tom Dodson & Associates to furnish
environmental consulting services for the California Street Landfill horizontal
expansion and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.
Agreement - Cost Recovery Services - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
authorized the City of Redlands Fire Department to enter into an agreement with
the City of Colton to provide cost recovery services for emergency response
related incidents and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
Fee Waiver - Showmobile - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously authorized a waiver
of $450.00 in fees for the Kingsbury Elementary School Parent Teacher
Association for the one day use of the Showmobile providing that certain other
requirements noted in the rental contract are met for towing, set-up, a deposit,
insurance coverage, and rental period.
Change Order - Colton/Wabash Intersection - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
approved Change Order No. 3 to the contract for the Colton/Wabash
Intersection Improvements Project and authorized staff to execute the change
order.
Settlement Agreement - Arron Van Mill - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
accepted and ratified a settlement agreement with Arron Van Mill which reflects
the terms and conditions agreed upon by the City Council in closed session
discussion.
Settlement Agreement - Gary M. Luebbers - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
acknowledged an executed settlement agreement and general release of all
claims between the City of Redlands and Gary M. Luebbers.
May 2, 2000
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