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CITY OF SAN BERN! -IDINO - REQUEST V I COUNCIL -ACTION
rile No. 6.21-28
ROGER G. HARDGRAVE Authorization to Execute Co-
From: Subject: operative Agreement with City
of Highland - Maintenance of
Dept: Public Works Landscaping in Highland Avenue
Date:
8-10-94 Median
Synopsis of Previous Council action:
09-08-92 - Allocation of $800 , 000 from bond proceeds approved to
finance cost of street improvements in Highland Avenue.
01--24-94 - Plans approved and authorization granted to advertise
44 for bids.
IDMIN.. ,U�Q, Zra4-94 - Contract awarded for landscaping median.
0 AUG 94 10: 12
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Annie Ramos
gnature
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report,
Supporting data attached: Agreement & Resolution Ward: 4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
;ouncil Notes:
75-0262 Auenda Item No
CITY OF SAN BERN/ IDINO = REQUEST F' l COUNCIL -ACTION
STAFF REPORT
A contract was awarded, at the Community Development
Commission meeting of 4-4-94 , to R. K. Allen Landscape Contruc-
tion for installing landscaping and an irrigation system within
the curbed median in Highland Avenue, between Piedmont Drive and
Boulder Avenue.
A portion of this median south of the centerline of
,Highland Avenue is within the City of Highland. Therefore,
provisions will need to be made with the City of Highland
relative to maintenance of the landscaping under their juris-
diction.
The proposed Co-operative Agreement provides, in general,
that San Bernardino will act as the lead agency in the installa-
tion and maintenance of the landscaping in this median, and
Highland will allow our maintenance personmel access to the south
half of the median that is under their jurisdiction. All costs
for installation and maintenance of this landscaping will be
borne by the City of San Bernardino.
A letter has been received from Mr. Ernest Wong, Public
Works Director/City Engineer, stating that the Highland City
Council approved the Co-operative Agreement on 6-28-94 , subject
to inclusion of Paragraph No. 3 , clarifying the responsibility of
liability and the addition of a hold harmless clause.
We recommend that the Co-operative Agreement be approved.
8-10-94
•-o2ea
i
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE CITY OF HIGHLAND
3 RELATING TO THE MAINTENANCE OF LANDSCAPING IN THE HIGHLAND AVENUE
MEDIAN, BETWEEN PIEDMONT DRIVE AND BOULDER AVENUE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Co-operative Agreement with the City of Highland relating
9 to the maintenance of landscaping in the Highland Avenue median,
10 between Piedmont Drive and Boulder Avenue. A copy of said
11 agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13 SECTION 2 . The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3 . This resolution is rescinded if the parties
19 to the agreement fail to execute it within ninety (90) days of
20 the passage of this resolution.
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8-10-94
RESO: AUTHORIZING EXECUTION OF CO-OPERA'T'IVE AGREEMENT WITH CITY
OF HI( AND RELATING TO MAINTENAN OF LANDSCAPING.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1994 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1994 .
17
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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EXHIBIT "A"
CO-OPERATIVE AGREEMENT
MAINTENANCE OF LANDSCAPING
HIGHLAND AVENUE MEDIAN
PIEDMONT DRIVE TO BOULDER AVENUE
THIS AGREEMENT is made and entered into this day of
, 1994 , by and between the City of Highland, a
municipal corporation, hereinafter referred to as "Highland, " and
the City of San Bernardino, a municipal corporation, hereinafter
referred to as "San Bernardino. "
W I T N E S 8 E T H
WHEREAS, San Bernardino is in the process of installing
landscaping within the curbed median in Highland Avenue, from
Piedmont Drive to Boulder Avenue; and
WHEREAS, the portion of the curbed median, south of the
centerline of Highland Avenue, is under jurisdiction of Highland;
and
WHEREAS, both Highland and San Bernardino desire to
stipulate the maintenance responsibilities in respect to the
landscaping and automatic irrigation system.
NOW, THEREFORE, the parties agree as follows:
1. SAN BERNARDINO SHALL:
a. Act as lead agency relative to installation of the
landscaping and automatic irrigation system within
the curbed median on Highland, and bear all costs
incurred for this work.
b. Act as lead agency relative to maintenance of the
landscaping and automatic irrigation system, and
pay all costs incurred for this work.
2. HIGHLAND SHALL:
a. Allow San Bernardino's maintenance personnel access
to the south half of the median under Highland's
jurisdiction.
3 . Neither HIGHLAND nor any officer or employee
thereof shall be responsible for any damage or
liability occurring by reason of anything done or
omitted to be done by SAN BERNARDINO under or in
connection with any work, authority or jurisdiction
not delegated to HIGHLAND under this Agreement. It
is also agreed that, pursuant to Government Code
Section 895.4 , SAN BERNARDINO shall fully indemnify
and hold HIGHLAND harmless from any liability
imposed for injury (as defined by Government Code
Section 810. 8) occurring by reason of anything done
or omitted to be done by SAN BERNARDINO under or in
connection with any work, authority or jurisdiction
not delegated to HIGHLAND under this Agreement.
Neither SAN BERNARDINO nor any officer or employee
thereof, is responsible for any damage or liability
occurring by reason of anything done or omitted to
be done by HIGHLAND under or in connection with any
work, authority or jurisdiction not deleted to SAN
BERNARDINO under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4,
HIGHLAND shall fully indemnify and hold SAN
BERNARDINO harmless from any liability imposed or
injury (as defined by Government Code Section
810.8) occurring by reason of anything done or
omitted to be done by HIGHLAND under or in
connection with any work, authority or jurisdiction
not delegated to SAN BERNARDINO under this
Agreement.
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CO-OPERATIVE AGREEMENT: Maintenance of Landscaping in Highland
Avenue Median
IN WITNESS WHEREOF, the parties hereto have cause this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
CITY OF HIGHLAND
a Municipal Corporation
ATTEST:
By: By:
Debbie Anderson John Timmer
Deputy City Clerk Mayor
Approved as to form and
legal content:
By:
Marguerite Battersby
City Attorney
CITY OF SAN BERNARDINO
a Municipal Corporation
ATTEST:
By: By:
Rachel Clark Tom Minor
City Clerk Mayor
Approved as to form and
legal content
By:
James F. Penman
City Attorney
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