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HomeMy WebLinkAboutAgenda Report - March 5, 2008 E-10AGENDA ITEM 610 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute the Reimbursement Agreement with North San Joaquin Water Conservation District for City Administrative Services Provided to the District MEETING DATE: March 5,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute the attached ReimbursementAgreement with North San Joaquin Water Conservation Districtfor City administrative services provided to the District. BACKGROUND INFORMATION: For the past several years, North San Joaquin Water Conservation District (District) has utilized the City Public Works Department administrative staff for administrative services including processing meeting minutes, distribution of Board packets, preparation of correspondence, and District mailings (AttachmentA). The Reimbursement Agreement stipulates that the Districtwill bear the full cost cf providing the services as requested by the District, including the payment of all City fees, all City staff time, purchased supplies and equipment necessary to perform the services specified in the Agreement. Annual revenues resulting from this Agreement will be approximately $3,000. Much of Lodi is in the District. The Agreement provides that City work has priority over District work but proper scheduling will support the timely completion of all parties'work. FISCAL IMPACT: The City will recoup all costs for the various administrative services associated with the North San Joaquin Water Conservation District. FUNDING AVAILABLE: Not applicable Ridlil d C. Promus, Jr. Public Works Director Prepared by Wally Sandeiin, City Engineer/Deputy PublicWorks Director RC€ /FWSlbss Attachment cc: Ed Steffani, North San Joaquin Water Conservation District APPROVED: , � — Blair King, City ger K\WP15teffanACReimbursement Agreement -2008 doc 2/25/2008 NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT REIMBURSEMENT AGREEMENT This Agreement is made on , 2008 by and between the City of Lodi, a municipal corporation, hereafter referred to as "CITY" and North San Joaquin Water Conservation District, hereafter referred to as "DISTRICT". RECITALS A. DISTRICT wishes to SEEK the services of the CITY to complete various administrative and engineering services associated with the operations of the DISTRICT. B. The CITY'S policies and procedures require that the DISTRICT bear the full cost of providing the services requested by the DISTRICT including the payment of all CITY fees, payment of all CITY staff time, purchased supplies and equipment necessary to perform the engineering, legal, environmental and planning services requested by DISTRICT. NOW THEREFORE in consideration of the mutual covenants made herein, the parties agree as follows: 1. RECITALS TRUE AND CORRECT. The parties agree that the "RECITALS" contained herein above are true and correct. 2. EXPENSE REIMBURSEMENT. DISTRICT will reimburse CITY for all CITY staff time, contract services, purchased supplies and equipment necessary to perform the administrative services requested by the DISTRICT. The applicable hourly rates for staff are presented in Attachment A. 3. CITY WORK A PRIORITY. DISTRICT acknowledges CITY will provide services and materials on an as -available basis. Nothing in this agreement requires CITY to provide services or grant DISTRICT needs priority over CITY needs. 4. DISTRICT'S DEPOSIT AND PAYMENT OF COSTS. Upon execution of the Agreement, DISTRICT shall deposit $5,000.00 cash with the CITY. The CITY will hold the deposit and charge in house expenses incurred against the deposit. In the event that the deposit is drawn down to a balance of less than $2,500.00, DISTRICT shall deposit additional funds in such amount as directed by CITY to maintain an Evergreen balance of at least $5,000.00 ("Evergreen Deposit"). DISTRICT shall deposit the Evergreen Deposit within 15 days of receiving notice from the CITY. In the event that funds remain on deposit at the conclusion of the services contemplated by this agreement; they shall be refunded to DISTRICT. 5. DISTRICT'S FAILURE TO PAY. Should the DISTRICT fail to make any of the payments in the amounts and at the times stated in Section 4 DISTRICT'S DEPOSIT AND PAYMENT OF COSTS, the CITY may, at its option, stop all further work and not proceed until the sums due are paid. Should the DISTRICT discontinue the need for services from the CITY, the DISTRICT shall be responsible for the payment to CITY of all fees and costs incurred by the CITY at the time the services are discontinued, including such fees and costs for all work in progress but not yet billed. KAWP\Steffani\NSJWCD ReimbAgmt.doc 6. NO DAMAGES FOR DELAY. The CITY, its officers, agents, or employees shall not be responsible or liable to the DISTRICT for any damages of any type or description which may result from any delays associated with the work whether caused by the negligence of the CITY, its officers, agents, employees, or otherwise. 7. CALIFORNIA LAW. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Joaquin, State of California, or any other appropriate court in such county, and DISTRICT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8. WAIVER. No delay or omission in the exercise of the right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same and any other provision of this Agreement. 9. ATTORNEY FEES. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 10. INTERPRETATION. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 11. INTEGRATION: AMENDMENT. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 12. SEVERABILITY. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its validity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) K:\WP\Steffani\NSJWCD ReimbAgmt.doc the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. 14. INDEMNIFICATION. DEFENSE AND HOLD HARMLESS. a. DISTRICT shall indemnify, defend and hold harmless the CITY, its council members, officers, agents, employees, and representatives for damage or claims for damage arising out of the acts of DISTRICT or its agents or employees, its council members, officers, agents, employees or representatives. DISTRICT'S obligation shall not extend to any award of punitive damages against the CITY resulting from the conduct of the CITY, its council members, officers, agents, employees or representatives. b. With respect to any action challenging the validity of this Agreement or any environmental, financial or other documentation related to approval of this Agreement, DISTRICT further agrees to defend, indemnify, hold harmless, pay all damages, costs and fees, if any incurred to either the CITY or plaintiff (s) filing such an action should a court award plaintiff(s) damages, costs and fees, and to provide a defense for the CITY in any such action. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: THE CITY OF LODI Randi Johl, City Clerk Blair King, City Manager APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney DISTRICT By: Name: Title: Address: KAWP\Steffani\NSJWCD ReimbAgmt.doc PUBLIC WORKS ENGINEERING HOURLY RATES FY 2007/08 • Public Works Director • City Engineer • Senior Civil Engineer • Senior Traffic Engineer • Associate Civil Engineer • Junior Engineer/ Senior Engineering Technician • Administrative Clerk • Assistant Engineer • Engineering Technician K:\WP\Steffani\NSJWCD ReimbAgmt.doc Attachment A $110/Hr $90/Hr $80/Hr $80/Hr $75/Hr $60/Hr $40/H r $68/Hr $55/Hr RESOLUTION NO. 2008-34 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING REIMBURSEMENTAGREEMENT BETWEEN THE CITY OF LODI AND NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT FOR CITY ADMINISTRATIVE SERVICES PROVIDEDTO THE DISTRICT NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Reimbursement Agreement between the City of Lodi and North San Joaquin Water Conservation Districtfor the full cost of City administrative services provided to the District; and BE IT FURTHER RESOLVED that the Lodi City Council hereby authorizes the City Manager to execute the agreement on behalf of the City of Lodi. Dated: March 5, 2008 hereby certify that Resolution No. 2008-34 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 5, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None [44!1"x9-WW4W A r City Clerk 2008-34 CITY COUNCIL JOANNE L. MOUNCE, Mayor LARRY D. HANSEN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON PHIL KATZ.AKIAN CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:XXwww.lodi.gov February28,2008 Mr. Ed Steffani North San Joaquin Water Conservation District c/o City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 BLAIR KING City Mana! RANDIJOHL City CI. D. STEVEN SCHWABAUER City Attorr RICHARD C. PRIMA, JR. Public Works Direc SUBJECT: Adopt Resolution Authorizing the City Manager to Execute the Reimbursement Agreement with North San Joaquin Water Conservation District for City Administrative Services Provided to the District Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 5, 2008. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi. P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl. City Clerk, at 333-6702. If you have any questions about the item itself, please call Wally Sandelin, City Engineer, at 333-6709. Richard C. Prima, Jr. _19Y Public Works Director RCPlpmf Enclosure cc: City Clerk NCREIMBURSEMENT AGREEMENT_2008.DOC