HomeMy WebLinkAboutContracts & Agreements_33-2001AGREEMENT TO FURNISH
COST RECOVERY SERVICES
This Agreement is made and entered into this 5 day of _TJ rJi4Ai7, , 2000-by and
between the City of Redlands, a general law city (hereinafter "Redlands") and the City of
Loma Linda, a charter city, hereinafter ("Loma Linda").
In consideration of the mutual covenants and conditions hereinafter set forth, the Cities of
Redlands and Loma Linda agree as follows:
Section 1. Redlands Obligations. Loma Linda hereby engages Redlands, and
Redlands hereby accepts the obligation, to perform cost recovery services (the "Services") for
Loma Linda. 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 Loma Linda at the level of competency presently maintained by others
performing similar types of services for cities. The specific Services that Redlands shall perform
include, but are not limited to, the recovery of monies in behalf of Loma Linda for medical aid
rendered to nonresidents; hazardous materials incidents; traffic collisions, including "DUI"
recovery costs; fires resulting from negligent acts; and damages to Loma Linda property.
Redlands shall supply all tools and supplies necessary to perform the services.
Section 2. Loma Linda Obligations. Loma Linda shall make available to Redlands
all information in Loma Linda's possession that is reasonable or necessary for Redlands to
perform the Services. Loma Linda shall provide access to and make provision for Redlands to
enter upon Loma Linda -owned property, as required by Redlands, to perform the Services.
Loma Linda 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.
Section 3. Term of Agreement. Redlands shall perform the Services in a diligent
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manner and in accordance with the terms and conditions of this Agreement, for the period
Jan. 1, 2001, through June 30, 2001. The term may be extended or renewed upon mutual
consent of both parties.
Section 4. Payments. The total compensation for Redland's performance of the
Services shall be fifty percent (50%) of all monies recovered by Redlands for Loma Linda.
Redlands shall bill Loma Linda within ten (10) days following the close of each month by
submitting an invoice indicating the Services performed and who performed the Services.
Payments by Loma Linda to Redlands shall be made within 20 days after receipt and approval of
Redlands' invoice.
Section 5. Notices. 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
Finance Department
City of Redlands
35 Cajon Street, Suite 30
P.O. Box 3005
Redlands, CA 92373
Loma Linda
Rolland M. Crawford
Director of Public Safety/Fire Chief
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bills 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.
Section 6. Insurance and Indemnification.
A. Redlands shall maintain worker's compensation insurance and, in addition, shall
maintain insurance to protect Loma Linda from claims for damage due to personal injury and
claims for damages to property while performing the Services required by this Agreement.
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B. Redlands shall indemnify and hold harmless Loma Linda and its elected officials,
officers and employees from and against all claims, actions or loss, damages, 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. Loma Linda shall indemnify, hold harmless and defend Redlands and its elected
officials, officers and employees from and against all claims, loss, damages, 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 Loma Linda, anyone directly or indirectly
employed by Loma Linda, or anyone for whose acts or omissions Loma Linda 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 attorney's fees.
Section 8. Assignment. Redlands shall not assign any of the Services required by
this Agreement, except with the prior written approval of Loma Linda and in strict compliance
with the terms, provisions and conditions of the Agreement.
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 Loma Linda.
Section 10. Termination. This Agreement may be terminated early by either party,
without cause, upon providing written notice to the other party sixty (60) days in advance.
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Section 11. 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
Loma Linda have signed in confirmation of this Agreement.
City of Redlands City of Loma Li?1
("Redlands") ("Loma ind. ")
Bv:
By:
Pat Gilbreath ' 1 yd Petersen
Mayor Mayor
ATTEST: ATTEST:
City V6►- . s City of Redlands
Date: February 20, 2001
---a��2.G ) /LA rug._) /% (6Y7z-
City Clerk,kity of Loma Linda
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Bernardino, as agreed to by the City Council in a closed session, with
Councilmembers George and Freedman opposing, was provided at this time to
notify the public in accordance with requirements of the Brown Act.
Agreement - Cost Recovery Services - On motion of Councilmember
/ George, seconded by Councilmember Freedman, the City Council
unanimously approved an agreement with the City of Loma Linda for the
City of Redlands to provide cost recovery services and authorized the
Mayor and City Clerk to sign the agreement on behalf of the City.
Fee Waiver - Showmobile - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously approved a request
for waiver of fees for the use of the showmobile by the City of Highland's
Historic and Cultural Preservation Board on March 31, 2001, providing that
certain other requirements noted in the rental contract are met for towing, set-
up, deposit, insurance coverage, and rental period.
Funds - Agreement - Redlands Sports Complex - Staff requested this matter be
continued.
Agreement - Community Center - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an independent contractor agreement with Valerie Fields for the
purpose of conducting Mommy and Me classes at the Community Center and
authorized the Mayor and City Clerk to sign the agreement on behalf of the
City.
Ford Park - On motion of Councilmember George, seconded by Councilmember
Freedman, the City Council unanimously authorized temporary field use and
lighting at Ford Park for Recreation Bureau -sponsored youth and adult
programs while Texonia Park is closed for renovations.
JAIBG Funds - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously authorized the Mayor
to execute a "Waiver of Direct Subgrant Award from Unit of Local
Government" form which will contribute the City of Redlands' allocation of
Juvenile Accountability Incentive Block Grant (JAIBG) funds to the Regional
Juvenile Crime Enforcement Coalition.
Resolution No. 5850 - EPA Grant Application - Following brief discussion, on
motion of Councilmember Peppler, seconded by Councilmember George, the
City Council unanimously adopted Resolution No. 5850, a resolution of the
City Council of the City of Redlands approving the EPA grant application
prepared by The Dangermond Group for the San Timoteo Creek enhancements,
designating the participating agencies, outlining the distribution of grant funds
and required match amounts, and authorizing the City of Loma Linda to file the
application with the EPA.
February 20, 2001
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