HomeMy WebLinkAbout1990-279
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RESOLUTION NO.
90-279
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT, RELATING TO THE PROVISION OF LANDSCAPE MAINTENANCE
ACTIVITIES FOR CITY MONUMENT SIGN ISLAND IN MT. VERNON AVENUE
NEAR VALLEY COLLEGE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
Ci ty, an agreement with the San Bernardino Community College
District, relating to the provision of landscape maintenance
acti vi tes for City monument sign in Mt. Vernon Avenue, near
Valley College, which agreement is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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6-07-90
GRK:rs
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RESO:
AUTHORIZING EXECUTION OF AGREEMENT WITH SAN BERNARDINO
COMMUNITY COLLEGE DISTR1CT RELATING TO CITY MONUMENT
SIGN.
I I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
r.equldl.
meeting thereof, held on the
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2nd day of
Julv
, 1990, by the following vote, to-
5 wit:
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Council Members:
ABSTAIN
7
ESTRADA
AYES
NAYS
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REILLY
x
x
x
x
12 POPE-LUDLAM
x
20
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FLORES
x
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j City Clerk . "
The foregoing resolution is hereby approved this
.In'l y
, 1990.
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MAUDSLEY
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City
. Holcomb, Mayor
of San Bernardino
21 Approved as to form
and legal content:
22
II
MINOR
James F. Penman
23 City Attorney
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MILLER
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day of
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By
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6-07-90
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AGREEMENT
THIS
AGREEMENT is made and entered into this oPtC/L
~t 1990, by and between the CITY OF SAN
aa11fornia, a municipal corporation, hereinafter
day of
<:-
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BERNARDINO,
referred to as the "CITY", and the SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT, hereinafter referred to as "DISTRICT".
WIT N E SSE T H
WHEREAS, the CITY and DISTRICT desire to improve the image
of the community; and
WHEREAS, the construction of a raised median island in Mt.
Vernon Avenue will provide for the installation of a CITY
monument entrance sign which will improve such image; and
WHEREAS, the CITY proposes to provide and install
landscaping, landscape irrigation and electrical service to the
median area; and
WHEREAS,
the DISTRICT proposes to maintain such
landscaping in a neat and attractive manner upon the terms and
conditions as hereinafter set forth.
NOW THEREFORE, for a valuable consideration, receipt of
which is hereby acknowledged, it is mutually agreed as follows:
AS TO CITY:
1. The CITY shall provide for the construction of the
raised median, all necessary pavement removal and replacement,
foundation for monument sign, monument sign, electrical service,
water service and irrigation controller, irrigation system and
plant material in accordance with the plan approved by CITY.
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JFW/bg [District.Agr]
June 20, 1990
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2.
During the term of the Agreement, the CITY shall, upon
2 notice from DISTRICT and as otherwise may be determined to be
3 necessary, replace plants damaged by acts of God, vandalism or
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accident and as is required for seasonal variations.
The City
5 shall provide all electrical energy and water needed for the
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proper maintenance of the median.
AS TO DISTRICT:
1.
The DISTRICT shall provide for the weeding, pruning,
irrigation check and adjustment, trash pick-up and other normal
maintenance activities associated with the maintenance of an
attractive, well-groomed landscape area.
2.
The DISTRICT will provide minor repair to irrigation
system sprinkler heads and risers and shall notify CITY of any
damage that the DISTRICT cannot repair.
3.
The DISTRICT may, with approval of the CITY, install
landscape color plants or seasonal variations if the DISTRICT
desires an enhanced look of the planter area.
It is mutually agreed as follows:
A.
SUPERVISION
The Director of Public Works of CITY, or his designee,
21 shall have the right of general supervision over all work and
The Director or his designee shall
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shall be CITY'S agent.
consult with the San Bernardino Community College District
24 Director of Maintenance and Operations as it relates to DISTRICT
25 personnel, work performed by the DISTRICT Staff as it concerns
26 the maintenance of the landscape or irrigation system of the
27 median island.
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June 20, 1990
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B. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party without
cause upon thirty (30) days prior written notice to the other
mailed to the address set forth herein.
C. INDEPENDENT CONTRACTOR
DISTRICT shall act as an independent contractor in the
performance of the services provided for under this Agreement.
DISTRICT shall furnish such services in its own manner and in no
respect shall it be considered an agent or employee of CITY.
D. NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of
DISTRICT and CITY:
DISTRICT
CITY
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
E. HOLD HARMLESS CLAUSE
DISTRICT hereby agrees to hold CITY, its elective and
appointive boards, officers, and employees harmless from any
liability for damage or claims for damage for personal injury
including death, as well as from claims for property damage,
which may arise from DISTRICT'S active or passive negligent acts,
errors or omission under this Agreement.
F. INDEMNITY
DISTRICT shall indemnify, defend and hold harmless CITY
from and against any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
JFW/bg [District.Agr]
June 20, 1990
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costs, expenses (including attorney's fees) and liabilities, of,
by, or with respect to third parties, which arise solely from
DISTRICT'S negligent performance, either active or passive, of
services under this Agreement. DISTRICT shall not be responsible
for, and CITY shall indemnify, defend and hold harmless DISTRICT
from and against any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of,
by or with respect to third parties, which arise solely from the
CITY'S active negligence.
with respect to any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages,
injuries, penalties, costs, expenses (including attorney's fees)
and liabilities of, by or with respect to third parties, which
arise from the joint or concurrent negligence of DISTRICT and
CITY, each party shall assume responsibility in proportion to the
degree of its respective fault.
G. VALIDITY
Should any provision herein be found or deemed to be
invalid, this Agreement shall be construed as not containing such
provision, and all other provisions which are otherwise lawful
shall remain in full force and effect, and to this end the
provisions of this Agreement are declared to be severable.
H. ENTIRE AGREEMENT
This Agreement represents the entire and integrated
agreement between the parties hereto and supercedes all prior and
contemporaneous negotiations, representations, understandings and
agreements, whether written or oral, with respect to the subject
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June 20, 1990
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Agreement between City of San Bernardino and San Bernardino
Community College District
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matter thereof.
This Agreement may be amended only by written
instrument signed by both parties.
IN AGREEMENT WHEREOF, the parties hereto have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
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ATTEST:
'lfi!untZJ (!It. /1
CITY CLERK
Approved as to form
and legal content:
JAMES
City
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JFW/bg [District.Agr] 5
June 20, 1990
SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT ("DISTRICT")
v1b- rV ~
By:
DR. NORMAN D. SMITH, ,Director
Planning/Research
CITY OF SAN BERNARDINO,
A Municipal Corporation ("CITY")
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