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Home My WebLink About2008-455 RESOLUTION NO. 2008-455 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATIVE TO THE USE OF 156 PARKING SPACES IN THE PARKING LOT AT SPEICHER PARK, AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 7, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute a revised Facility Use Agreement with the San Bernardino City Unified School District for the period of October 7,2008 through October 6,2010, a copy of which is attached hereto, marked Attachment "A" and incorporated herein by reference as fully as though set forth at length; and SECTION 2. That the authorization granted hereunder shall expire and be void and of no further effect if the Facility Use Agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following effective date of the Resolution. /II /II III III III /II III III III III III III 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 2008-455 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT RELATIVE TO THE USE OF 156 PARKING SPACES IN THE PARKING LOT AT SPEICHER PARK, AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 7, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th day of December , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA x BAXTER x BRINKER x (VACANT) KELLEY .-L JOHNSON x MCCAMMACK x ~ar:~it~ The foregoing resolution is hereby approved this /t,r-r day of December 2008. , ^-""?fL V~ Timothy Sab , Special Counsel 2008-455 ATTACHMENT A CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT REVISED FACILITY USE AGREEMENT This revised Agreement, by and between the San Bernardino City Unified School District ("DISTRICT") and the City of San Bernardino ("CITY"), provides for the DISTRICT's use of 156 parking spaces with chain link fence at Speicher Park, owned by the CITY, in accordance with the following terms and conditions: 1. GENERAL: The City agrees to provide DISTRICT with the use of the 156 designated parking spaces at Speicher Park as delineated in Section (3) (A) of this Agreement. 2. TERM: The term of this Agreement shall be for two (2) years commencing on October 7, 2008 and ending on October 6, 2010_ 3. USE OF CITY FACILITIES: A. CITY: 1. Facility Use: CITY will allow DISTRICT to make use of 156 parking spaces at Speicher Park, B. DISTRICT: 1. Use of Facilities: DISTRICT will use the 156 designated parking spaces in the parking lot at Speicher Park during their construction project at San Gorgonio High School. 2. Maintenance of Parking Lot: DISTRICT will keep the parking lot clean and free of trash throughout the duration of this contract, 4. PAYMENT AND RECIPROCAL SERVICES: DISTRICT will also provide security services for the Speicher Park parking lot. Further, the parking lot was resurfaced during the first quarter of 2008; therefore, the DISTRICT commits to restore the parking lot to that condition at the conclusion of the project in October of 2010 when the parking lot is returned to the CITY for their use, At that time, the Public Services Department Deputy Director - Street Division will I 2008-455 provide to the District information relative to the level of repairlresurfacing required to restore the parking lot to its previous condition_ 5. INDEMNITY DISTRICT agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages, and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of DISTRICT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives, As part of the foregoing indemnity, DISTRICT agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions, DISTRICT hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the DISTRICT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. Nothing contained in this Agreement shall be construed as a waiver by the City of any immunity it may have under the law, 6. INSURANCE: While not restricting nor limiting the foregoing, during the term of this Agreement, DISTRICT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, and all such riders as related to the operation of the Program, in the amount of $1,000,000,00 per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, attorneys, employees, and agents, as additional insureds, The policy shall be without right of subrogation against the City, The insurance provided shall carry the endorsement that "This insurance is primary and noncontributory with respect to any losses or liability arising directly or indirectly from the insureds operations," A certificate of insurance evidencing such coverage shall be provided to the Parks, Recreation and Community Services Director or his designee, with the added notation 2 2008-455 that the insurance policy shall not be terminated or materially altered without thirty days prior notice to the City, 7. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks, Recreation and Community Services Director 201 A North "E" Street, Suite 103 San Bernardino, CA 92401 Phone: (909) 384-5233 Fax: (909) 384-5160 TO THE DISTRICT: San Bernardino City Unified School District 777 No, F Street San Bernardino, CA 92410 Phone: (909) 381-1238 8. ATTORNEY'S FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof, The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph, 9. VENUE The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U,S, District Court for the Central District of California, Riverside Division, The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, 10. GOVERNING LAW This Agreement shall be governed by the laws of the State of California, /II 3 2008-455 11. SUCCESSORS AND ASSIGNS This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns, 12. HEADINGS The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions, 13. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of the Agreement shall remain in full force and effect, 14. ENTIRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 15. REMEDIESIWAIVER All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies, The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 16. TERMINATION: The CITY or DISTRICT may terminate this Agreement by giving the other party thirty (30) days advance written notice of termination, Should DISTRICT fail to faithfully 4 2008-455 CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT REVISED FACILITY USE AGREEMENT perform all the terms and conditions of this Agreement, CITY may summarily terminate this Agreement by giving written notice of termination of this Agreement. San Bernardino City Unified School District 777 No. F Street San Bernardino, CA 92410 City of San Bernardino Parks, Recreation and Community Services 201 A North "E" Street, Ste. 103 San Bernardino, CA 92401 Mark Weinberg, Interim City Manager r'-7~ol Date Date App""", '~ By \/. Spec C nsel Date J ,../ '-/, ~ I 5 , ",:- ""',-.' 1390407 -1C~RbICERTIFICATE OF LIABILITY INSURANCE I.... 6/24/2008 Prod..... Cassandra Thompaon-Jervis THlS CERTIACATf IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. SCS Risk Management THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1012 East Cooley Drive, Suite K COVERAGE AFFORDED BY THE POliCIES BElOW. Colton CA 92324 (909}43~841 INSlRER Southern California Schools www,scsJpa,org A Risk Mananement INS:'ER "'- lNS~ San Bernardino City Unified SO Attention: Sandra Walker INS~RER 777 North F street San Bernardino CA 92410 lNSlRER E COVERAGES '''''_ OF INSURANCE USTEO BELOW HAv. _......ISSUED Tu THE IN~~!! NAMED ABOVE FOR THE poL 00 INDICATED, NOlWIlHSTANDING AMV REQUIREMENT, TERM OR CONDmON OF ANV CONlRACT OR OlllER DOCUMENT wmt REsPECT TO WHICH 1lI1S CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POuClES DESCRIBED HEREIN IS SUlIJECT TO AU. llIE TERMS EXCWSIONS AND CONOmONS OF SUCH POUCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS, PO~Y POUCY NSR EFFE IVE ExPIRATION TYPE OF INSURANCE POLICY NUMBER OATE DATE UMITS LTR y A GENERAL UABD.lTY SCS2008RM 7/1/2008 EACH OCCURREM::t , i~~N_L~ 711/2009 FIRlIHWAG< ....... , A ClAI~ IZJOCCUR WED EXP ( .... . ro IAk= PERSONAl .. Al'N INJURY . A GENERAl AGGREGATE , PRODUCT~JOP AGG , poucy n.ROJECTn lllC , UTOMOBILE UABJurv A _AUTO SCS2008RM 7/1/2008 7/112009 COMBINED SWGLE UMIT . 1 000 000 .....--.,AlJlt)S BODIL.Y UUURY SCHEDUlfD AUTOS \1'0<..'" , IIIIEI> AUTOS BDOIL Y INJURY N<lN<l\YNED AUTOS 0'<<._ . PROPfRTV DAMAGf: 0'<<_ . ~GE UABIUTY AUrOONLY - EAACaDfNT , """AUTO OTHER THAN EA AUTO ONLY: AGG, EXCESS UABtUTY EACH OCCURRENCE S POCCUR o CLAIMS MADE .....GATE , S R~UCTJBLf , 1IElENJ1ON' s WORKERS' COMPENSATION &. STATUTORY LMT EMPLOYERS' UABDJTY EL EACH ACaDENT , EL Dl5EAS[ w EA EMPLOYEE , El DISEASE. POUCV LIMIT , iA I EmpKlymam '-"alms i ""LUUO "'-'lalm Maae U", "'''UN Ul- 'NS/LOC ADn"" BY ".00 c~ KlNS Use of facilities by San Bernardino CityUSD staff and students dUri')p 2008/2009 academic year, City of San 8ernardino, their officers, agents, servants, volunteers and employees are neme additional insured with respect 10 liability coverage provi ed by company letter A, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElLED BEFORE THE CITY OF SAN BERNARDINO PARKS AND EXPIRAJlON DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL RECREATION & COMMUNITY SERVICES ~OAVS WmnEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 201-A NORTH 'E' STREET, SUITE 103 lEFT. BUT FAlWRE TO MAIL SUCH NonCE SHALL IMPOSE NO OBlIGATION OR UABILITV OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPR[. SENTATIVES. .. 10 D.,. for Non.payment of P.....ium SAN BERNARDINO, CA 92401 IIlJTJiOIlIZEO REPRESENTATIVE ~ ....'1RV...5I Kerla Rhay ~ ACORD 2S-S (7/97) tilACORD COR~ 1981l v . ~, USD 8 RISK MANAGEMENT .,:...., . ADDITIONAL COVERED PARTY ENDORSEMENT Endorsement Number: A Re: Lease Agreement Memorandum of Liability Coverage issued to: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Effective Dates of Coverage: 07/01/08 - 07/01/09 CITY OF SAN BERNARDINO PARKS AND RECREATION AND COMMUNITY SERVICES, Its officers, agents, employees and volunteers, individually and collectively, Identified in the attached Certificate is hereby named an Additional Covered Party with respect to the liability coverage provided by Company Letter A in said Certificate within the folloWing assumptions: 1. The Additional Covered Party operates under authority of the Education Code, and for a public purpose beneficial to the herein described District, or 2. The herein described District has, for a public purpose beneficial to the District, entered into a contract with the Additional Covered Party and such contract provided for indemnification of the Additional Covered Party by the District. Coverage extended to the Additional Covered Party shall be no greater than the degree of indemnity required by the contract and in no event more than that coverage afforded by the Memorandum of Coverage described in the Certificate. 3. Such coverage as afforded by the memorandum of coverage for CITY OF SAN BERNARDINO PARKS AND RECREATION AND COMMUNITY SERVICES, its officers, agents, employees, volunteers, individually and collectively, shall be primary and any insurance carried by CITY OF SAN BERNARDINO PARKS AND RECREATION AND COMMUNITY SERVICES, its officers, agents, employees and volunteers, individually and collectively shall be excess and non- contributory . 4. The coverage provided by this endorsement does not extend to the sole negligence, or willful misconduct of the Additional Covered Party. It is understood that the Southern California Schools Risk Management is a Joint Powers Authority operating under provisions of Title I, Division 7, Chapter 5, Article 1 of the Government Code of the State of California, commencing with Section 6500. Karla Rhay, Chief Ad ' istrative Officer Southern California Schools Risk Management RECEIVED BY SBCUSD JUL 0 7 2008 RISK MANAGEMENT June 24, 2008 Date of Endorsement Distribution: JPA File