HomeMy WebLinkAbout2008-301
IMPORTANT NOTE: RESOLUTION IS
NULL AND VOID BECAUSE IT WAS NOT
EXECUTED WITHIN THE TIME SPECIFIED
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RESOLUTION NO.
2008-301
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING EXECUTION OF A LICENSE AND AGREEMENT WITH INLAND
3 EMPIRE RESOURCES CONSERVATION DISTRICT FOR ACCESS TO CHESTNUT
4 DEBRIS BASIN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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8 City the License and Agreement between the City of San Bernardino the Inland Empire
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SECTION 1. That the City Manager is hereby authorized to execute on behalf of the
Resources Conservation District, a copy of which is attached hereto and incorporated herein as
10 Exhibit "A".
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SECTION 2. The authorization to execute the above referenced license and agreement is
rescinded if the parties fail to execute it within sixty (60) days ofthe passage of this Resolution.
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August 29, 2005
2008-301
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
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held on the 4 th
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August
, 2008, by the following vote, to wit:
day of
meeting thereof
Council Members: AYES NA YES ABSTAIN ABSENT
ESTRADA X
BAXTER X
BRINKER X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
~ h.~
City Clerk
t~ dayof
The foregoing resolution is hereby approved this
August
Approved as to form:
JAMES F. PENMAN
City Attorney
August 29,2005
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,2008.
CC~[Plf
2008-301
EXHIBIT "A"
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
4th day of August , 2008, by and between INLAND EMPIRE
RESOURCE CONSERVATION DISTRICT, a Special District established under the
State Public Resources Code, Division 9, hereinafter referred to as "Licensee," and the
CITY OF SAN BERNARDINO, a municipal corporation hereafter referred to as "City,"
WITNESSETH:
For and in consideration of the mutual promises and covenants herein
contained, the parties hereby agree as follows:
I. City gives permission, removable and terminable as hereinafter provided,
to Licensee to encroach upon and access property owned by City commonly referred to
as Chestnut Debris Basin and more precisely designated as Assessor Parcel Nos. 0348-
121-26 and 0348-121-29 for the purpose ofremoving invasive plant species as described
in letter dated June 11,2008 from Licensee (Attachment "I") attached and made a part
hereof, and subject to any requirements or conditions as may be imposed by the Director
of Development Services of City.
2. Unless terminated earlier as provided herein, the term of this License and
Agreement shall be seven (7) years.
3. Prior to start of removal of invasive plant material, Licensee or its
Contractor shall obtain a "No-Fee" Public Works Construction Permit from the Public
Works Division of the Development Services Department and comply with all conditions
contained therein.
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2008-301
EXHIBIT" A"
4. Licensee, its Contractor and/or subcontractors shall be aware that the
nearby residential areas are sensitive noise receptors and operations shall be conducted
with due regard for that sensitivity. The City's noise ordinance limits construction to the
hours of 7:00 AM and 10:00 PM. Unless approved by the Director of Development
Services, no work shall be permitted on holidays or weekends.
5. Licensee, its Contractor and any subcontractors shall at all times, during
working hours and after-hours, maintain compliance with the City's National Pollutant
Discharge Elimination System (NPDES) Ordinance, San Bernardino Municipal Code
Chapter 8.80. Failure to maintain compliance may result in fines and penalties against
Licensee, its Contractor and/or any subcontractor found in violation of said Ordinance.
6. The Licensee shall insure that all Contractors and subcontractors, prior to
beginning work on this project, first obtain a City Business Registration Certificate from
the City Clerk of the City.
7. This permission is given to Licensee as an accommodation to Licensee
and shall be subject to the payment of an annual license maintenance fee of$150.00. The
first payment shall be due upon execution of this License and Agreement. Subsequent
payments shall come due on the first day of August of each subsequent year.
8. Licensee hereby acknowledges the title and paramount interest of City to
Chestnut Debris Basin and agrees never to assail or resist said title or interest and to
observe present or future set-back requirements relating thereto while this Agreement is
in force and effect.
9. City and Licensee each reserves the right to terminate this License and
Agreement at any time for any reason by giving Licensee at least thirty (30) days written
notice of such termination, except that City may, at its election, terminate said permission
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2008-301
EXHIBIT "A"
forthwith at any time if Licensee shall fail to comply with any of the provisions of this
Agreement. Waiver by the City of any breach of any term or provision herein shall not
be deemed a waiver of any subsequent breach of the same or any other term or provision
of this Agreement.
10. Licensee agrees to install, use and maintain said encroachment as required
by this Agreement. Said encroachment shall be maintained at all times in a safe, neat,
sightly and good physical condition. City shall be the sole judge of the quality of
maintenance, and upon written notice by City, through its Director of Development
Services, stating in general terms how and in what manner the maintenance is required,
Licensee shall be required to perform such required maintenance. If Licensee fails to do
so, then City shall have the right to perform this maintenance, the cost of which shall be
borne by Licensee, or alternatively, City may, at its election, terminate this Agreement.
Licensee further agrees to install, use and maintain said encroachment in conformity with
all applicable Federal, State, and local laws, rules and regulations, including, but not
limited to, all permits and requirements of the United States Army Corps of Engineers,
United States Fish and Wildlife Service, and the California Department of Fish and
Game. Licensee shall, at its own responsibility and expense, obtain and keep in effect all
licenses, bonds and permits necessary for the installation and existence of said
encroachment.
11. Upon termination of this Agreement, Licensee agrees to immediately
remove any encroachment from the debris basin and to restore it to the satisfaction of the
Director of Development Services. If Licensee fails to exercise its duties under this
paragraph, City shall have the right to remove said encroachment and to restore the
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2008-301
EXHIBIT" A"
premises at no cost or liability to the City. Licensee covenants and agrees to reimburse
City for such cost of removal and/or restoration.
12. City shall in no way be responsible for any loss or damage caused by said
encroachment or for any property belonging to or leased by Licensee, its officers,
servants, agents or employees, that may be stolen, destroyed or in any way damaged
during the installation, use or maintenance of said encroachment.
13. Licensee shall exercise its privileges under this license at its own risk.
Licensee shall indemnify, defend and hold harmless City, its elective and appointive
boards, commissions, officers, agents and employees from any costs, claims, damages,
injuries, and liability resulting from, arising out of, or in any way connected with, the
City's approval of this License and Agreement, or the use or maintenance of said
encroachment, the occupation or use of the public areas of said encroachment, both
during and after the installation thereof, and including but not limited to any costs,
claims, damages, injuries, and liability resulting from the conduct of Licensee or the
employees, invitees, guests or agents of Licensee related to said encroachment.
14. The Licensee's attention is directed to Section 7-3, "Liability Insurance",
of the Standard Specifications for Public Works Construction, 2006 Edition, providing
that the Licensee or its Contractor, prior to beginning work on the property, shall furnish
the City with policies or certificates of liability insurance. All of the Insurance Policies
shall name the City of San Bernardino as an additionally insured. The endorsement
shall be provided by the agent of the insurance company and shall be notarized to that
affect. ACCORD Forms are not acceptable nor forms signed by the broker, unless they
have Power of Attorney to bind the insurance provider. During the entire term of this
Agreement, Licensee shall maintain minimum limits of insurance no less than:
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EXHIBIT" A"
A) General Liability: $1,000,000.00 per occurrence and $2,000,000
aggregate for bodily injury, personal injury and property damage. Commercial
General Liability Insurance or other form with a general aggregate limit shall
apply separately to this project/location.
B) ProductslCompleted Operations: $1,000,000.00 per occurrence and
$2,000,000.00 aggregate.
C) Automobile Liability: $1,000,000.00 per accident for bodily injury and
property damage.
D) Employer's Liability: $1,000,000.00 per accident for bodily injury or
illness.
E) The Licensee's attention is directed to Section 7-4, "Worker's
Compensation Insurance", of Standard Specifications for Public Works
Construction, 2006 Edition, providing that the Licensee shall file a signed
certification Certificate of Worker's Compensation Insurance before start of work
under the terms of this Agreement.
F) The above-referenced Insurance Policies shall remain in effect during the
entire term of this Agreement, and shall not be materially altered or canceled until
after Licensee has provided thirty (30) days written notice to the City.
15. This license is personal to Licensee. It is nonassignable, except with the
prior written consent of the City, and any attempt to assign this license without such
consent will terminate the license privileges granted to Licensee under this Agreement.
The City shall not unreasonably withhold consent. A reorganization of the Licensee's
business entity form, or a transfer of less than one-half of the assets of Licensee, shall not
be deemed an assignment for the purposes of this license if the resulting or successor
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EXHIBIT "A"
entity shall as a matter of law be liable for Licensee's accrued and future obligations
under this Agreement. Licensee shall be entitled to transfer this license to a purchaser of
more than one-half of Licensee's interest provided that the purchaser shall be bound by
Licensee's accrued and future obligations under this License.
16. Licensee agrees that should any action, whether real or asserted, at law or
in equity, arise out of the terms of this Agreement, or by Licensee's operations on the
premises, venue for that action shall lie in San Bernardino County, California.
17. Licensee hereby certifies that it will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, marital status, national
origin, disability, or any other category prohibited by law. Licensee's hiring practices and
employee policies shall comply with all applicable Federal, State and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading and promotion.
18. The prevailing party in any legal action to enforce or interpret any
provision(s) of this Agreement shall be entitled to recover from the losing party all
attorney's fees, court costs and necessary disbursements in connection with that action.
The costs, salary and expenses of the City Attorney and members of his office in
connection with that action, shall be considered as attorney's fees for the purposes of this
Agreement.
III
III
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2008-301
EXHIBIT "A"
LICENSE AND AGREEMENT for encroachment into Chestnut Debris Basin to
remove invasive plant species.
19. All official notices relative to this Agreement shall be in writing and
addressed to the following representatives of Licensee and City:
Licensee
Mr. James Law, Field Ecologist
Inland Empire Resource
Conservation District
26864-K Business Center Dr.
Redlands, CA 92374
Ph. (909) 799-7407
Fax. (909) 799-1438
City
Ms. Valerie C. Ross, Director
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Ph: (909) 384-5357
Fax: (909) 384-5155
IN WITNESS, the parties have executed this Agreement on date first written above.
CITY OF SAN BERNARDINO
Fred Wilson, City Manager
Approved as to form:
James F. Penman
City Attorney
INLAND EMPIRE RESOURCE
CONSERVATION DISTRICT
Authorized Signature
Printed Name and Title
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2008-301
I D.(I ;:'11::'1 ~U\VI LSlru
UU L::J:~; ':").~:'"EJent "1"
.,. ,/LuB 909.799.7407 I PHONE
CITY OF S,\~! BERNARDINO 909799.14381 FAX
DEVELOPMENT SERVICES
25Bt4-~~t~~Jss Center Drive, Redlands, CA 92374
www.iercd.org
'-""<J
INLAND EMPIRE
RESOURCE
c ,) N S E R V ~ T J O~. D r S T R leT
June llth, 2008
To Whom It May Concern,
The Inland Empire Resource Conservation District ("the District") has the desire to
rernove invasive exotic plants on or near the property of the city of San Bernardino ("the
City"). We are requesting an access permit for the sole purpose of removing and
eradicating these invasive species from your properties. The parcel numbers assigned to
the areas slated for removal efforts are 034812126000 and 034812U1. Their respective
assessor property descriptions include the following: .:1"1
SW 1/4 SEC 36 TP 2N R 5W PTN W 295 FT OF E 835 FT SD 835 FT MEASURED AT
RIA FROM E LI SD SW 1/4 SD PTN DESC COM SE COR SD W 295 FT TH N 01
DEG 51 MIN 37 SECONDS E ALG E LI SD W 295 FT 1107.61 FT TO TRUE POB TH
CONT N 01 DEG 51 MIN 37 SECONDS E 406.35 FT TH S 61 DEG 51 MIN 37
SECONDS W 104.86 FT TH S 10 DEG 51 MIN 37 SECONDS W 263.11 FT TH S 43
DEG 08 MIN 23 SECONDS E 128.43 FT TO TRUE POB
&
COM AT SE COR SW 1/4 SEC 36 TP 2N R 5W TH W 540 FT TH N TO N Ll SW 1/4
SEC 36 TH E 540 FT TH S TO POB 32.7 AC.
We plan to begin the removal on September 1 st, 2008 and expect to have it completed by
March 15th, 2009. We will need continual access for at least three years to monitor the
treated areas, during which time any re-growth will be sprayed with a salt-based
herbicide. The District recognizes that all maintenance operations of the City's basin will
take precedence over our removal project and will adjust our work schedules accordingly.
Work will be conducted between Monday and Saturday, between sunrise and sunset. If
you need additional insurance to be added please inform us and it will be drafted. Thank
you for your help in this matter,
Cordially,
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".James Law -
Field Ecologist
Inland Empire Resource Conservation District
Office: (909)7997407 ext 108
Cell: (949)683-0195
iIlI'lR;'lI!i_:
2008-301
Attachment "1"
ProDosed Work Plan
· Proiect Focus: The project will focus on the removal of invasives including Arundo
donax (giant reed), Ricinus communis (castor bean), Ailanthus altissima (tree of
heaven), Tamarix ramosissima (salt cedar) and Nicotiana glauca (tree tobacco)
· Location: The targeted invasives are currently located on parcel numbers
tif
0348121~ and 034812126.
· Methodologv: The Inland Empire Resource Conservation District ("the District")
will use the following methods to remove the invasives from the project areas:
o Step 1: Initial removal of plants with hand tools and power tools.
o Step 2: Tractors with cutting attachments shred the plant material
o Step 3: Mulch hauled off-site to a dumping facility or shredded on-site and
left to dry. Dried mulch will be used to maintain soil integrity along
waterways where invasives have been removed.
o Step 4: Upon completion of initial removal, a salt-based herbicide will be
applied to any re-growth of invasives spotted in the project area to help
ensure that re-infestation does not occur
· Timeline: The invasive species removal is slated to begin in September of 2008
and completed before March 2009.
. Monitoring: The site will be monitored between three and seven years, depending
on the amount of re-growth encountered.
. Necessarv EauiDment:
o Power tools, hand tools, tractors with cutting attachments, and other
equipment as needed.
o GPS unit will be utilized to map all infestations, and is used in conjunction
with a camera to establish photo points; quarterly photos will demonstrate
the difference in the appearance of the project area as a result of the
cutting
. Measurable Success: The goal of all District removal projects is <I % invasives
remaining on-site at the end of the project.
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