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HomeMy WebLinkAboutCooperative Agreement for Joint Bids between City and Arcadia Unifed School Districtr ARCAD MEMORANDUM OFFICE OF THE CITY ATTORNEY Date: July 29, 1996 TO: MAYOR AND CITY COUNCIL 11'04 �0�) FROM: CITY ATTORNEY ( I SUBJECT: COOPERATIVE AGREEMENT RE JOINT BIDS -CITY AND SCHOOL DISTRICT City staff has embarked on a cost savings process for various types of contracted services by entering into joint bids with the School District on a case by case basis. For example, a current re- surfacing and roofing project are underway on this basis. In order to clarify the rights and liabilities of the City and District whenever such a project is bid, the attached Cooperative Agreement was prepared by this office and has been agreed upon by the District. In lieu of addressing the issues of joint responsibility in every joint project, the proposed Agreement has uniform application for all such projects. In sum, the Agreement requires City Council approval for joint bids, affirms that City purchasing requirements apply, sets forth that neither party is responsible for the job of the other party-its insurance, liability, or payment. Recommended Action: Approve the Cooperative Agreement and ratify the authority of the City Manager to sign on behalf of the City. Concurred: n t yf d 4U City Manager _ F c 'o N. IC , AU1 ° ntract No. 4509 COOPERATIVE AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE ARCADIA UNIFIED SCHOOL DISTRICT REGARDING PUBLIC WORKS PROJECTS This Agreement by and between the City of Arcadia and the Arcadia Unified School District is entered into this 22nd day of July, 1996. WHEREAS, the City of Arcadia (hereinafter referred to as "City ") and the Arcadia Unified School District (hereinafter referred to as "District ") have determined that certain projects common to both entities can be accomplished at a significant cost savings to both City and District if conducted as a joint project in terms of the bid and contract process, and; WHEREAS, it is to the benefit of City and District to bid certain projects together in order to realize economies of scale to the benefit of the taxpaying public, and; WHEREAS, to conduct such referred to joint processing, the rights, responsibilities, and liabilities of the City and District need to be established. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. JOINT PROJECT BIDS. No projects shall be bid as joint projects unless approved as such by the Arcadia City Council and the Arcadia Unified School District Governing Board based on economic factors for similar type projects. 2. CITY/DISTRICT BID REQUIREMENTS. Neither this Agreement or any project agreements entered into pursuant to this Agreement shall be inconsistent with any City or District Bid and/or purchasing requirements, unless such requirements can be legally waived and such waiver action is taken. 3. NON - RESPONSIBILITY OF CITY AND DISTRICT - Neither the City nor District shall be responsible or liable to each other for the respective work applicable to each entity. Each party shall be fully responsible for the contract provisions, documents, design, plans, inspections, and any other matters applicable to that party's job. This section is not intended to effect the rights and liabilities of the parties in relation to the selected contractor and contract documents applicable to a particular project. It is intended to assure that the City is not responsible to District for the work applicable to the Districts job (project) site and the District is not responsible to City for the work on the City's job (project) site. 4. HOLD HARIVIL.ESS /INDEMNITY. District shall hold harmless, defend and indemnify City with regard to any claims, suits, damages, or liability that arises out of the acts or omissions of District, District employees, and officials applicable to work done on District projects pursuant to this Agreement. City shall hold harmless, defend, and indemnify District with regard to any claims, suits, damages, or liability that arises out of the acts or omissions of the City, City employees or officials applicable to work done on City projects pursuant to this Agreement. 2 5. INSURANCE. Each party to this Agreement shall cover the other party as an additional insured on all comprehensive general liability coverage applicable to each entity and shall provide that the other party is covered on each party's self insured retention and excess coverage for any joint contract that is entered into under authority of this Agreement. 6. TERMINATION. City or District may terminate this Agreement upon thirty (30) days written notice to the other party. 7. CONTRACT/PAYMENT OBLIGATIONS. The District and City shall enter into separate agreements with the selected bidder which contracts reflect the bid price for that portion of the job allocable to each entity. District and City shall be responsible for their own payments and job responsibilities pursuant to their respective contracts. Neither shall be responsible for the contract of the other. 8. COOPERATION. The parties to this Agreement shall cooperate to assure timely preparation of bid documents satisfactory to both parties and consistent with legal requirements. The purpose of this Agreement is to allow for cooperative joint bidding in situations where it is economically beneficial to the District and City. /// 3 CITY OF ARCADIA By l)t.64a-,,,, t'�. K4 Name ,,••tt C 4y MOAW Title ATTEST: 1 City Clerk Z / APPROVED AS TO FORM: J Michael if. Miller City Attorney ARCADIA UNIFIED SCHOOL DISTRICT By C. EARL DAVIS None ASST. SUPT., BUSINESS SERVICES Title 4