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Home My WebLink About1992-431 I . ,. 10/26/92 1 2 3 4 5 6 7 92-431 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT- ANCE AND EXECUTION OF A LANDSCAPE MAINTENANCE COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE LANDSCAPE AND IRRIGATION IMPROVEMENTS, ACROSS PORTIONS OF THE UPPER WARM CREEK CHANNEL RIGHT-OF-WAY, AND CONCERNING PROPERTY GENERALLY LOCATED NORTH OF NINTH STREET AND WEST OF TIPPECANOE AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute and accept on behalf of said City, 9 a Landscape Maintenance Common Use Agreement with the San Bernardino County 10 Flood Control District, a copy of which is attached hereto and incorporated 11 by reference herein, as fully as though set forth in length, marked Exhibit 12 "A", for the maintenance of the landscaping and irrigation improvements 13 along the Upper Warm Creek Channel, more particularly described in said 14 Common Use Agreement and concerning that certain real property in the City 15 of San Bernardino, County of San Bernardino, State of California, generally 16 located North of Ninth Street and West of Tippecanoe Avenue. Said City 17 consents to the recordation thereof. 18 SECTION 2. The authorization to execute the above-referenced 19 agreement is rescinded if the parties to the agreement fail to execute it 20 21 22 23 24 within one / / / / / / / / / / / / / / / / hundred twenty (120) days of the passage of this resolution. 25 26 27 28 1 10/26/92 . ACCEPTANCE AND EXECUTION OF LANDSCAPE MAINTENANCE COMMON USE' AGREEMENT: UPPER WARM CREEK CHANNEL, NORTH OF 9TH STREET, WEST OF TIPPECANOE AVENUE I HEREBY CERTIFY that the foregoing resolution was duly adopted by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 San Bernardino at a the Mayor and Common Council of the City of _regu~~_______meeting thereof held on the _",-6th day of November , 1992, by the following vote, to-wit: The foregoing Of~'0E ",\.\),< Y.. Approved as to form and legal content: James F. Penman, City Attorney ~~7.lt~ ABSTAIN ABSENT Rfi~Ci~-------- resolution is hereby approved this ~~ day , 1992. L/ ~~4/ ~..;./~/ W. R. H lcomb Mayor City of San ~~nardino 2 " MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA ~e. 92-1179; ~~ 14,. 1992 FCIrr.oen '1.; FeD-Zone 2-500; Inc. Cities-San Bernardino KEN A. MIllER, Di.rect:or Transportation,lPlood Control UPPER ~ CREEK OJANNEL M1IINl'mANCE 1lGREEMENl' Wl'IH 'mE CITY OF SAN BERNARDlllO, PERfiT NO. P-291043, FIIE: 2-501 RE:<X:MIDIDM'IOO: Actin;J as the governin;J bcxly of the Flood Control District, awrove agreement with the city of San Bernardin:> to install lanj""""'pin;J am irrigation iItprovements within District right-of-way for ower Warm Creek Channel. FROM. SUBJECT: BAc:KGIlOOND: '!he City of San Bernardin:> desires to install larrlscapin;J am irrigation iItprovements on District right-of-way for ower Warm Creek Channel, north of Ninth street am west of Ti.IP""""'llOe Avenue, in the City of San Bernardino. the lan:L"<""lpin;J am irrigation iItprovements are part of the City's beautification program. 'lhe District issued Permit No. P-291043 to the City for the installation of larrlscapin;J am irrigation iItprovements am =n:litioned the City to enter into an aY.L=<1leIlt: for the maintenance of the iItprovements on District right-of-way. REASON FOR RE:CaoIMENJ:lM'oo: Board awroval of agreements is required. REVIEW BY anlERS: ibis matter was reviewed by Dep.1ty Camty Coonsel O1arles S. S=lasti= on December 2, 1992, am with Kathy Brill, Human ResourcesjRisk Management on June 30, 1992. FINANCIAL IY.TA: 'lhe City paid all awlicable permit fees am no District funds will be expemed as a result of this ayl.eell.ent. PRESENTER: Ken A. Miller Agreement No. 92-1179 cc: Flood Control-COllins wi agree. Contractor c/o FCD w/agree CAD Auditor w/agree. Purchasing-Cont. Calp1. wi agree. Co. Counsel-Scolastico Risk Mgmt.-Kathy Brill File w/agree. lw AClion of Ine Board of SuperVIsors AYE MOTION 4 5 EARL BY DATED: DE 1....O?OCOO IIth.l0tll 55 ITH/_ E New I,.. M Change X Cancel County Department TRANSPORTATION/FLOOD CONTROL Flood Control District Contract Representative FOR COUNTY USE ONL y Vendor, Cod~ Dept. Contract Number SC 097 A Dept. Orgo. 097 097 Ph. Ex!. Contractor's Ucense No. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT WILLIAM M. COLLINS Fund Dept. N/A GRC/PROJIJOB Number NA NA NA Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 Project Name UPPER WARM CREEK LANDSCAPE MAINTENANCE AGREEMENT THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name CITY OF SAN BERNARDINO Address hereinafter called CITY 300 NORTH '0' STREET SAN BERNARDINO, CA 92418 Phone Birth Date FederallD No. or Social Security No. CITY FILE: 15.02-1264 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WITNESSETH WHEREAS, CITY desires to install larxlscape and irrigation ilrprovements along Upper Warm Creek O1annel within DISTRIcr right-of-way and within the CITY limits as ;mown on Exhibit "A", a =py of which is attached hereto and made a part of the agreement; and, WHEREAS, CITY desires to perpetuate larxlscaping and irrigation activities by operation and maintenance of larxlscape and i=igation ilrprovements along Upper Warm Creek O1annel; and, WHEREAS, CITY and DISTRIcr do mutually desire to cooperate and jointly participate in the operation and maintenance of the above said areas and desire to specify herein the responsibilities of each to provide for said operation and maintenance; NCW 'IHEREFORE, ALL PARrIES AGREE AS FO:LI.aVS: CITY SHALL: 1. Asstnne operation and maintenance of all larxlscape and irrigation ilrprovements installed within DISTRIcr right-of-way. 2. Not construct or cause to be constructed, any ilrprovements which will interfere with operation and maintenance of the DISTRIcr'S flood control facilities. 02.12459.891 Rev. 1/91 Page 1 of 3 ( ".. 3. Provide ar;propriate documentation to the DISl'RIcr to sh"cM that the CITY is self-insured. See attaGhed Exhibit "B" for insurance documentation. Should contract labor be used durin:J the life of this agreement for the maintenance of the lan::lscape an:l. irrigation irtprovernents, CITY shall require the contractor to submit to the DISl'RIcr an insurance certificate. SUch certificate shall canply with all prevailin:J DISl'RIcr insurance requirements. 4. Upon a written request fram the DISl'RIcr, uwrade the existin:J 4- foot chain link fence at the perimeter of the channel to a height determined by the DISl'RIcr if in the future DISl'RIcr detennines that such uwrade is necessary clue to increased liability attributable to the lan::lscape an:l. irrigation irtprovernents. All such work shall be ac::ccxrplished at no cost to the DISl'RIcr. 5. Meet with DISl'RIcr after plans are ar;proved an:l. detennine precise areas of CITY maintenance, DISl'RIcr maintenance, an:l. joint maintenance. A drawin:J delineatin:J the various maintenance areas shall be prepared an:l. shall be accepted by the governin:J bodies of both entities as an adderrlum to this agreement. 6. Upon fourteen (14) days notice to CITY, allow DISl'RIcr to close all or any part of lan::lscape an:l. irrigation irtprovernents durin:J storm maintenance activities, durin:J routine maintenance work, durin:J the time work is bein:J performed in acCordance with permits issued by DISl'RIcr, an:l. to insure public safety durin:J severe storm con::litions. Fourteen~y notice not ar;plicable to emergency maintenance or emergency repair situations. 7. Be responsible for pick-up an:l. disposal of all trash within lan::lscaped areas. 8. Indemnify an:l. hold harmless the DISl'RIcr an:l. their authorized agents, officers, volunteers an:l. employees against any an:l. all claims or actions arisin:J fram CITY'S negligent acts or omissions on account of any claim therefore. DISl'RIcr SHALL: 1. Continue to operate an:l. maintain concrete channel an:l. channel access road facilities through the areas involved. 2. Continue to operate an:l. maintain existin:J 4-foot chain link fence alon;; the perimeter of the channel an:l. channel access ramp. 3. Not unnecessarily construct or cause to be constructed, by their express action, any facilities which will interfere with operation an:l. maintenance of CITY'S lan::lscape an:l. irrigation irtprovernents. 4. Indemnify an:l. hold harmless the CITY an:l. their authorized agents, officers, volunteers an:l. employees against any an:l. all claims or actions arisin:J fram DISl'RIcr'S negligent acts or omissions on account of any claim therefore. Page 2 of 3 ~ New THEREFORE, IT IS MUIUALVl UNDERSTOOD AND. AGREED 'IHAT: 1. Use of the DISTRIcr'S Upper Wann Creek CtJannel right-of-way for larrlscape and irrigation purp::S<:lS shall be subordinated to the basic flood control and water conservation pll:pases of the areas as determined by the DISTRIcr'S Orief Ergineer and shall in no way conflict with these purposes. 'Ihe DISTRIcr'S Orief Ergineer reserves the right to cancel any specific use should, in his opinion, there develop a substantial incc:Itpitibility between lard."""'-"p" uses and flood control and water conservation uses aris.in:f fran any cause whatsoever. said use shall be tenninated sixty (60) days after notification, in writ.in:f, by the DISTRIcr'S Orief Ergineer after a thirty (30) day OWOrtunity to "cure" the conflict is given to CITY. If any use is tenninated pursuant to the provisions of this Paragr<lIi11, CITY shall have the right, at its sole option, to rem:JVe any physical landscape and irrigation illlProvements fran the area in question at its sole cost and expense. Area shall be left in a reasonably neat and graded manner . 2. This Agreement can be tenninated on ninety (90) days notice by either party giv.in:f reason or reasons for tennination. 3. All lanj""-,,p" and irrigation ilTIprovenents constructed un:ler this Agreement shall be rem:JVed fran DISTRIcr right-of-way at CITY'S costs should this Agreement be tenninated. 'IHIS AGREEMENI' shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN wrrnESS WHERIDF, the parties hereto have caused this agreenent to be executed by their respective officials thereunto duly authorized. SIGNED AND CERTIfiED T A COpy Of THIS DOCUMENT HAS THE CHAIR. MAN OF THE #q}- II f IIlnorked ignolure) Dated W. R. HOr,cOMB, Ma or ~~eest: ~~2}::~ty~~'-' Address 300 North "0" Street San Bernardlno, CA 92418 I ReVie~:eiJ to Affim Action. I ReVi:~e~ for Processing I ~. ~ ~l-0l11\ Agency Administrator/CAD i Date~ ~ - p. - q (). Date pervisors Dated DEe 1 4 1992 ATTESTED: ~ Secretary of the Flood Control District Approved as to legal For'!l a ~ / . . n( ~ ~ I c. ,<" . Coun C01el f Date l. L - CrL 02-'2459.697 Rev. 1/91 Approved as to form and legal content: James F. Perunan City Attorney By: f1~ -;. ):l~ {/ Page 3 of 3 !JiE~1/ /N/'-'>:~UPP5e. 0.-<;1k'1- c7 ~<2 k- - -<:-. -;'- ~ -/ -(00 ~ f l' . <:l . \ ~, D l' of~ v s Ie" ~- fe? r '. o 1'0 '" I -;,., .~ L--" ' - 'v C ". V' . " 0 - , <: ~ ~ '? "- :P "0 z;, '" ~ j 0 0, J c' .~. ;, 11\ ~ ~ '^ . ;:) ~ '" s, . I~ . I~ t c: Ii'\ :h ~ ill c., '1 iU (II rl1 '\ f D l J. o ' o o " -. ~" - , . z ;: cr_ ...''' ;: ,. ~ J OIl> IN/! -.... . IJ ~ " ;""', ':;5 ~J:j <':"~"""'-'~ -. "'" I -I CITY OF SAN BERNARDINO FILE NO: 15.02-1264 TYPE OF EASE!1ENT: IANDSCAPE ~IAINI'ENANCE CCM1JN USE AGRIDlENI' LOCATION: NORlli OF 9TH STREET, WEST OF TIPPECANOE AVENUE GRANTOR: SAN BERNARDINO COUNIY FLOOD CONTIjOL DISTRIcr E'iIOBrr \: . . CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR RISK MANAGEMENT DIVISION VICTOR F LORCH, ARM DIRECTOR, RISK MANAGEMENT November 2, 1992 Mr. William Collins Department of Transportation/Flood Control COUNTY OF SAN BERNARDINO 825 East Third Street San Bernardino, California 92415-0835 Re: Upper Warm Creek Landscape Maintenance Agreement San Bernardino, California Our file 15.02-1264 Dear Mr. Collins: This letter is to inform you that the city of San Bernardino is self-insured for the first $500,000 of any Workers' Compensation claim and maintains an Excess Workers' compensation POlicy, through the Big Independent Cities Excess Pool, up to statutory limits. Also, with respect to general liability coverage, we are self insured for legal liability up to $1,000,000. Excess coverage is provided by the Big Independent cities Excess Pool (BICEP) up to $25,000,000. Pursuant to your instructions, the following paragraph is inserted as it relates to Professional Liability coverage: "Insurance coverage afforded by this policy shall also apply to the liability assumed by this Insured under this Agreement with the County of San Bernardino Flood Control District for box culvert maintenance provided such liability results from an error, omission, or negligence of the insured, its officers, employees, agents of subcontractors. All other provisions of this policy are to remain unchanged." "EXHIIHT B" 300 NORTH 0 STREET SAN BERNARDINO CALIFORNIA 924180001 7'41384-5301 PRIDE ~ ~7ESS ~~-~-- .' ~ , ~ ~ please do not hesitate to contact me. victo Direct ARM Management / ,/ 7?~:~/~ I ~/ VFL/ld cc: Pamela Thompson, Risk Manager county of San Bernardino Anne DeBolt Public Works/Engine'ring