executed agreement - County of San Bernardino ($500,000)

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WHEREAS, $500,000 has been transferred from AAA -FAD -FAD to the COUNTY Department of Public Works Road Operations budget (SAA -TRA -TRA) as reimbursement for the PROJECTS contribution to the CITY; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to the COUNTY's contribution toward the proposed PROJECTS. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 CITY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of PROJECTS. 1.2 Submit to COUNTY an itemized accounting of actual PROJECTS' cost incurred by CITY to completion and which costs have been paid by CITY or COUNTY. COUNTY shall pay $300,000 for work related to PROJECT -1 and pay $200,000 for work related to PROJECT -2. The CITY shall be permitted to apply savings from either PROJECT toward the completion of work on the remaining project, for a total amount not to exceed $500,000 for both PROJECTS. The PROJECTS costs shall be amended following completion of the PROJECTS. 1.3 All expenses related to PROJECT -1 and PROJECT -2 in excess of $500,000 shall be the sole responsibility of the CITY. 1.4 PROJECT -1 and PROJECT -2 shall be completed according to the agreed upon scope of each PROJECT. 1.5 Upon completion of the PROJECTS, to be solely responsible for the maintenance activities associated with the PROJECTS. 2.0 COUNTY AGREES TO: 2.1 Pay to the CITY $300,000 for work related to the installment and improvement of sidewalks (PROJECT -1) and pay $200,000 for work related to the installment of a pedestrian warning beacon light (PROJECT -2); provided, however, that the City shall be entitled to shift cost savings as provided for in Section 1.3 above. The COUNTY shall pay a total amount not to exceed $500,000 for both PROJECTS. Payment shall be on a reimbursement basis, made within thirty (30) days after receipt of an itemized statement as set forth in Section 1.3 of this Agreement setting forth all actual PROJECTS' cost incurred by CITY to completion and which costs have been paid by CITY or COUNTY, together with adequate documentation of said expenditures. 3.0 IT IS MUTUALLY AGREED: 3.1 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's performance of its obligations under this Agreement. 3.2 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY's performance of this Agreement. 3.3 COUNTY's participation in the PROJECTS is limited to the payment of a contribution, not to exceed $500,000, toward the PROJECTS' cost. The amount of the COUNTY's contribution shall not increase if the final PROJECTS' cost reflects an increase over the estimated PROJECTS' cost. 3.4 This Agreement may be cancelled upon thirty (30) days written notice of either party, provided however, that neither party may cancel this Agreement after CITY lets a contract to construct Page 2 of 3