Contract No.
Approval Date:
46700.00520\40292637.1
AGREEMENT FOR
OPERATIONS AND MAINTENANCE OF
RAISED LANDSCAPED MEDIAN ON EUCLID AVENUE
THIS AGREEMENT is made and entered into on this 15th day of October, 2024, by and between the City of Ontario (hereinafter referred to as ONTARIO) and the City of Chino (hereinafter referred to as CHINO).
WITNESSETH
WHEREAS, certain raised landscaped median has been installed at locations identified in Exhibit A that are jointly owned by ONTARIO and CHINO; and
WHEREAS, ONTARIO and CHINO desire to set forth herein the particular maintenance and operations functions to be performed by each, and to specify the distribution of costs of said maintenance and operations functions between ONTARIO and CHINO:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. This Agreement applies to the operations and maintenance of raised landscaped median at locations identified in Exhibit A, attached hereto and made a part hereof.
2. The party responsible for performing the operations and maintenance functions shall be as indicated in Exhibit A.
3. Operations work to be performed under this Agreement includes scheduled irrigation.
4. Routine maintenance work to be performed under this Agreement includes grass clipping, trimming, mowing, pruning, fertilizing, litter and debris removal, seeding, weed control and removal, disease treatment and control, scheduled inspection and preventative maintenance, furnishing electric energy, and performing necessary repairs and replacements as required to ensure satisfactory service.
Installation of additional facilities is not a maintenance function under this agreement.
5. Extraordinary maintenance to be performed under this Agreement includes repair or replacement of facilities or landscaping when caused by “Acts of God,” civil disorder, vehicle collision, vandalism, third part y recklessness or willful acts , equipment obsolescence, failure or malfunction of the irrigation system, and/or worn out equipment replacement when it is upgraded or replaced in like kind.
Extraordinary maintenance shall also include repairing and replacement of irrigation controllers and cabinets, wa ter services, irrigation valves, meter boxes, conduits, and other appurtenances.
01225.0006/802552.1
6. Expenses for extraordinary maintenance shall be shared by the cities based on the percentages specified in Exhibit A. These expenses shall be assessed regardless of whether the actual damage occurred within the ONTARIO or CHINO area of the intersection or median. All extraordinary services or repairs shall be performed by the agency identified as the responsible party in Exhibit A. The party performing the extraordinary services shall prepare an itemized invoice for the other party for said costs to include materials, replacement equipment, salaries, wages and equipment rental, etc.
Whenever extraordinary expenses are incurred as a result of damage caused by a third party, the party with jurisdiction over the location where the damage took place shall make every reasonable effort to recover the costs of said damage from the responsible third party. Any and all recovered funds, less the costs associated with the recovery effort, shall be disbursed to both ONTARIO and CHINO as per the percentage splits shown in Exhibit A.
7. ONTARIO and CHINO shall bill each other for the cost of services provided.
Billings shall be made quarterly as set forth in Exhibit A. The cost of maintenance referred to herein shall include all direct costs, plus a 10% functional and administrative overhead assessment to cover indirect costs incurred in providing the maintenance services.
8. This Agreement shall become effective upon execution by both parties and shall supersede any and all previous median landscape operations and maintenance agreements between ONTARIO and CHINO regarding the raised landscaped median at locations identified in Exhibit A , except any such agreements wherein ONTARIO and CHINO are not the only parties thereto.
9. Exhibit A may be amended, as needed, to add or delete locations or to change cost splits, as evidenced by signed approval of the respective City Engineers, or their designees, by submittal of a revised Exhibit A , which shall, upon said approval, become part of this Agreement and shall supersede and cancel all previous exhibits.
10. ONTARIO and CHINO shall submit in writing any dispute in billing within thirty (30) working days after receipt of billing. Otherwise ONTARIO and CHINO shall pay for services within thirty (30) days after receipt of billing.
11. This Agreement shall remain in full force and effect until terminated by either party following a sixty (60) day written notice of intention to terminate.
12. ONTARIO agrees to indemnify, defend (with counsel approved by CHINO) and hold harmless CHINO and its officers, employees, agents and authorized volunteers from any and all claims actions, losses, damages, and/or liability resulting from ONTARIO’s negligent acts or omissions which arise from ONTARIO’s performance of its obligations under this Agreement.
01225.0006/802552.1
CHINO agrees to indemnify, defend (with counsel approved by ONTARIO) and hold harmless ONTARIO and its officers, employees, agents and authorized volunteers from any and all claims actions, losses, damages, and/or liability resulting from CHINO’s negligent acts or omissions which arise from CHINO’s performance of its obligations under this Agreement.
13. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of the subject intersections and medians different from the standard of care imposed by law.
14. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CHINO: City of Chino
13220 Central Avenue
Chino, CA 91710
ATTN: City Engineer
ONTARIO: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: City Engineer
[SIGNATURES ON NEXT PAGE]
01225.0006/802552.1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective official thereunto duly authorized.
CITY OF ONTARIO CITY OF CHINO
By:______________________ By:____________________
City Manager City Manager
Dated:___________________ Dated:__________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:_____________________ By:_____________________
Best Best & Krieger LLP Fred Galante
City Attorney City Attorney
ATTEST: ATTEST:
By:_____________________ By:_____________________
City Clerk City Clerk
01225.0006/802552.1
AGREEMENT FOR
OPERATIONS AND MAINTENANCE OF JOINTLY OWNED
RAISED LANDSCAPED MEDIANS
EXHIBIT A
Maintained by the City of ONTARIO
No. Location
Cost Split
ONTARIO CHINO
1 Euclid Avenue between Eucalyptus Avenue and
Merrill Avenue 50% 50%