HomeMy WebLinkAbout2001-072
RESOLUTION NO.
2001-72
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FORESTRY AND
3 FIRE PROTECTION AND THE CITY OF SAN BERNARDINO FOR THE
4 DEVELOPMENT, USE, AND MAINTENANCE OF OPEN SPACE PARK LOCATED
AT SIERRA WAY AND 39TH STREET IN THE CITY OF SAN BERNARDINO.
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
9 authorized and directed to execute on behalf of said City an Agreement with the California
10 Department of Forestry and Fire Protection relating to the development, use, and maintenance of
11 Open Space Park located at Sierra Way and 39th Street in the City of San Bernardino, a copy of
12 which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
13
though set forth at length.
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SECTION 2. The authorization to execute the above referenced agreement is rescinded
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if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
16 resolution.
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III
2001-72
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FORESTRY AND
2 FIRE PROTECTION AND THE CITY OF SAN BERNARDINO FOR THE
DEVELOPMENT, USE, AND MAINTENANCE OF OPEN SPACE PARK LOCATED
3 AT SIERRA WAY AND 39TH STREET IN THE CITY OF SAN BERNARDINO.
4
5
6 and Common Council of the City of San Bernardino at a
thereof, held on the 16th day of April
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint regular
Meeting,
, 2001, by the following vote to
wit:
8
9 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
10 ESTRADA X
11 LIEN X
12 MC GINNIS x
13 SCHNETZ x
14 SUAREZ x
DEAN-ANDERSON x
15
MC CAMMACK x
16
17 a~};-~
18 Rac1fel G. Clark, City Clerk
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21
22
The foregoing resolution is hereby approved this \ c, ~ day of April
l
/Lt t'C'<-
V~ S, MAYOR
Bernardino
,2001.
Approved as to form
23 And Legal content:
24 James F. Penman
25 City Attorney
26 By:
l?,
'IIG~?')--c;.
27 o. O-Ol-Agreement39tb& Sierra Way
28
2001-72
COOPERATIVE AGREl,:MENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION PERTAINING
TO THE DEVELOPMENT, USE AND MAINTENANCE
OF THE UNNAMED OPEN SPACE PARK LOCATED AT
SIERRA WAY AND 39TH STREET IN THE CITY OF
SAN BERNARDINO
THIS AGREEM.~NT is made and entered into tl1lS 12th day orMarch ,200] by and
betwecn the City of'San Bernardino (hereinat1er referred to as "'City") and the Caljj()rnia Dcpartment
of' Forestrv and I:ire Protection (hereinaf'ter relCrred to as "CDF").
WHEREAS, City is the owner of' an unnamed open spaec park located at Sierra Way and 39th Street
in the City of' San Bcrnardino (hereinaltcr referrcd to as "the park''). which it is willing to make
availablc to CDI:, at no cost, [()]' purposes of' environmental and public safety education in
cooperation with the San Bernardino City Schools, City Departments and other interested groups:
NOW, THEREFOR.:, it is agreed by and bctwcen the City and the CDF that in consideration 01'
the learning cxpcricnec obtained by studcnts and other interested persons, thc City and the CDF will
cooperatively providc materials [(X such projccts and aetivitics as outlincd below.
IT IS FURTHER UNDERSTOOD AND AGREED by the parties hereto that:
I. The CDF will conduct the [()lIowing activities within the park:
A. Prcsentations on aspects of wildland management, wildland ecology,
archeology, tirc prevcntion, public safety, and lirc supprcssion.
B. Planting, maintenance, and removal of such planted trces consistent with
City guidelines and only uponthc prior writtcn approval ofthc Director
of the Parks, Recrcation and Community Scrviccs Departmcnt.
C. lJponthc prior writtcn approval of the Dircctor of the Parks, Recrcation
and Community Scrvices Departmcnt, and in compliance with all applicable
huilding and related codes, development of a small amphithcater (scating
36-40 people) madc from native wood resources and serviced by a hard
sur[ilCed access trail which will be acccssihle by wheel chair and meet all
standards of the Amcricans with Disabilitics Act.
D. llpon the prior writtcn approval of the Dircctor of the Parks, Recrcation
and Community Services Dcpartment, the CDF will sponsor thc development
of a lire resistant plant garden whieh will he representative of' fire resistant
plant species. This gardcn will be planted and maintained by the students and
the CDF.
2. lJpon the prior written approval of the City of San Bernardino, the CDF may erect a
sign identifying the park and its use.
2001-72
3. The CDI' shall defend, indemnify and hold City, its ot1lccrs, agcnts, and employees, harmless
trom and against any and all liability. loss, expenses (including reasonable attorney's fees)
or claims for injury or damages arising out oftbe per/(mnance of this Agrecment, but only
in proportion to and to the extent such liability, loss, expenses, attorney's fees, or claims f()r
injury or damages are eaused by or result li'om the negligent or intentional acts or omissions
ofCDF. its officers, agents or employees. The reasonable costs. salary and expenses of the
City Attorney and members of his onice in enliHeing or defending this Agreemcnt shall be
considered as "attorncy's fees" I(H the purposes of this paragraph.
4. City shall delend, indemnify and hold the CDI', its onicers. agents, and employees harmlcss
li'om and against any and a]lliability.loss, expenses (including reasonable attorney's lees).
or claims t(lr injury or damages arising out of the per/(HmanCe ol'this Agreement. but only
in proportion to and to the extent such liability. loss, expenses, attorney's fees, or claims I(lr
injury or damages are caused by or result li'om the negligent or intentional acts or omissions
of the City. its onicers, agents or employees. The reasonable costs, salary and expenses of
the Calit()rnia Attorney (,eneral and members of his onice in enl()reing or dclending this
Agreemcnt shall be considered as "attorney's fees" for the purposes of this paragraph.
5. Any and all improvements made to the park, including, but not limited to trees, gardens,
amphithcater. etc., shall become and remain the property of the City.
6. ]n the conduct of this Agreement, neither party will discriminate against any willing
participant wishing to utili/.c the park or receive information presentations on the basis of
race, color, creed, religion. ethnic background, gender orientation or physical handicap.
7. This Agreement shal] be for a period of three (3) years, commencing from the date indicated
at the top ol'the first page. It may be terminated at any time by either party upon the giving
of sixty (60) days advance written notice.
X. Any notice to be given pursuant to this Agreement Ii'om one party to the other shall be
deposited with the United States Postal Service, postage prepaid and addresscd as t()llows:
To the City:
Director. Parks. Recreation & Community Services
547 N. Sierra Wav
San Bernardino. CA 92410
To the CDI':
3800 N. ~ip.rr~ W~y
San Bernardino, CA 92405
Nothing in this paragraph shall be construed to prohibit the giving of written notice by
personal service.
IN WITNESS WHEREOF the parties hereto have executed this COOPERATIVE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TI-IE CALIFORNIA
2001-72
DEPARTMENT OF FORESTRY AND FIRE PROTECTION PERTAINING TO THE
DEVELOPMENT, USE AND MAINTI~:NANCE OF THE UNNAMED OPEN SPACE PARK
LOCATED AT SIERRA WAY AND 39TH STREET IN TIlE CITY OF SAN I3ERNARDINO
effective on the day and year first written above and warrant and guarantee that they havc the
authority to so exccute said COOPERATIVE AGREEMENT.
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
Dated:
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CITY OF SAN 13 .
Approved as to form and legal content:
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