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RESOLUTION NO. 2012-10
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN DISABLED
AMERICAN VETERANS SAN BERNARDINO CHAPTER 12 AND THE CITY OF
SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT TO ALLOW THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF A COMMUNITY GARDEN AT SPEICHER PARK FOR
DISABLED VETERANS AND CITY RESIDENTS. TERM OF THIS AGREEMENT
IS FROM JANUARY 10, 2012 THROUGH DECEMBER 30, 2012 WITH THE
OPTION OF FIVE (5) SINGLE YEAR EXTENSIONS.
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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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SECTION 1. That the City Manager is hereby authorized to execute on behalf of said
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City a Memorandum of Understanding (MOU) by and between Disabled American Veterans
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San Bernardino Chapter 12 and the City of San Bernardino Parks, Recreation and Community
Services Department to allow the construction, operation and maintenance of a community
garden at Speicher Park for disabled veterans and City residents. The term of this MOU is from
16 January 10, 2012 through December 30, 2012, with the option of five (5) single year extensions.
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A copy of the MOU is attached hereto and incorporated herein.
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SECTION 2. That the authorization granted hereunder shall expire and be void and of
no further effect if the MOU is not executed by all parties and returned to the City Clerk within
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ninety (90) days following the effective date of this Resolution.
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III 1
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2012-10
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM
OF UNDERSTANDING BY AND BETWEEN DISABLED AMERICAN VETERANS SAN
BERNARDINO CHAPTER 12 AND THE CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT TO ALLOW THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF A COMMUNITY GARDEN AT
SPEICHER PARK FOR DISABLED VETERANS AND CITY RESIDENTS. TERM OF THIS
AGREEMENT IS FROM JANUARY 10,2012 THROUGH DECEMBER 30, 2012 WITH THE
OPTION OF FIVE (5) SINGLE YEAR EXTENSIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
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9th day of January
,2012, by the following vote, to wit:
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COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
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MARQUEZ X
JENKINS x
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
MCCAMMACK X
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l4(JhL~.~ ~ tI-~li ~~ .
Rachel G. Clark, CIty er. /h~/'5frt.J C,frC/..
City of San Bernardino
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The foregoing Resolution is hereby approved this t. \. day of Ja.nuary ,2012
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26 JAME
Attorney
2012-10
CITY OF SAN BERNARDINO
DISABLED VETERANS SAN BERNARDINO CHAPTER 12
MEMORANDUM OF UNDERSTANDING
This Agreement is entered into by and between Disabled Veterans San Bernardino
Chapter 12, the ("PROVIDER") and the City of San Bernardino Parks, Recreation and
Community Services Department ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the PROVIDER has obtained grant funds in the amount of $15,000 from
the Home Depot Foundation for the construction, operation and maintenance of a community
garden "Veterans Exploration Garden" (VEG) at Speicher Park; and,
WHEREAS, the PROVIDER has developed a program for disabled veterans to learn all
aspects of organizing, planting and maintaining a community garden to benefit disabled veterans
City residents; and,
WHEREAS, the CITY has made a portion of the northeast section of Speicher Park
available for the purpose of developing the Veterans' Exploration Garden (VEG) community
garden; and,
WHEREAS, the CITY desires to partner with PROVIDER project to expand social,
recreational and community services to disabled veterans and community residents; and,
WHEREAS, the CITY desires to retain the services of PROVIDER for the purposes of
managing and overseeing the operation and activities of the VEG community garden Monday
through Friday 8:00 am to 6:00 pm and select Saturdays and Sundays; and,
WHEREAS, the CITY and PROVIDER agree that PROVIDER shall pay an annual
rental fee of One Dollar ($1.00) for the term of this Agreement; and,
WHEREAS, the PROVIDER agrees to provide on the 3rd business day of each month a
monthly report of services provided to the community and the number of persons attending.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and promises described herein, the parties agree as follows:
1. SCOPE OF SERVICES.
PROVIDER shall, perform and carry out in good and professional manner the following
services:
A. Provide all funds necessary to construct, operate and maintain Veterans Exploration
Garden (VEG) community garden.
B. Plan, develop and implement all VEG workshops, training and activities Monday through
Friday, 8:00 am to 6:00 pm and select Saturdays and Sundays for special programs.
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 1
2012-10
C. Provide those workshops, trainings and programs listed in Exhibit A.
D. Recruit, supervise and require ALL Volunteers working directly with children to submit
to and pass "Live Scan" background check prior to providing volunteering.
E. Provide monthly status report of services provided to community and number of persons
attending on the 3 rd business day of each month.
F. Provide all training curriculum, supplies and materials needed to conduct services in a
good and professional manner.
G. Provide information for the seasonal Activity Guide four (4) times annually, respectively
on April 23rd (Summer period), July 15th (Fall period), October 24th (Winter period) and
February 15th (Spring period)
CITY shall, perform and carry out III good and professional manner the following
services:
A. Provide a portion of the northeast corner of Speicher Parks for the purpose of the
Disabled American Veterans San Bernardino Chapter 12 constructing, operating and
maintaining a community garden.
B. Provide a City Liaison to meet monthly with Disabled American Veterans San
Bernardino Chapter 12 staff and volunteers
2. TERM; TERMINATION.
The term of this Agreement is from January I 0, 2012 through December 30, 2012. Either
party may terminate this Agreement at any time by thirty (30) days' written notice. The terms of
this Agreement shall remain in force unless mutually amended in writing.
3. INDEMNITY.
PROVIDER agrees to indenmify and hold harmless CITY, its employees, officers, agents
and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
PROVIDER's negligent acts or omissions arising from PROVIDER's performance of its
obligations under this Agreement. CITY agrees to indemnify and hold harmless PROVIDER, its
employees, officers, agents, and volunteers from any and all claims, actions, or losses, damages
and/or liability resulting from CITY'S negligent acts or omissions arising from CITY's
performance of its obligations under this Agreement. In the event that CITY and/or PROVIDER
is found to be comparatively at fault for any claim, action, loss, or damage which results from
their respective obligations under the Agreement, CITY and/or PROVIDER shall indemnify the
other to the extent of this comparative fault. The costs, salary and expenses of the City Attorney
and members of his office in enforcing this agreement shall be considered as costs for the
purposes of this paragraph.
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Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 2
2012-10
4. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
PROVIDER shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage as required by law, and shall file copies of said policies with the CITY'S
Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as
an additional named insured in each policy of insurance provided hereunder. The Certificates of
Insurance furnished to the PROVIDER shall require the insurer to provide to CITY at least thirty
(30) days' written notice in advance of any change in coverage or termination of the policy.
5. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
PROVIDER shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender or sexual orientation, or membership in any other classification protected by law.
6. INDEPENDENT PROVIDER.
PROVIDER shall perform work tasks provided by this Agreement but for all intents and
purposes PROVIDER and its agents or employees shall be an independent contractor and not an
agent or employee of the CITY. PROVIDER shall secure, at its expense, and be responsible for
any and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for CITY and its officers, agents,
and employees, and any and all licenses, if any are required, in connection with the services to be
performed hereunder.
7. ASSIGNMENT OR SUBCONTRACTING.
PROVIDER shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the PROVIDER'S interest in this Agreement without CITY'S prior
written consent. Any attempted assigrunent, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of PROVIDER'S consent, no subletting or assigrunent shall release VENDOR of
VENDOR'S obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
8. LEGAL ACTIONS; GOVERNING LAW; VENUE.
In addition to any other rights or remedies, either party may institute legal action to cure,
correct or remedy any default, to recover damages for any default, or to obtain any other remedy
consistent with the purposes of this Agreement. Such legal actions shall be filed and litigated in
the Superior Court of the County of San Bernardino, California, or the United States District
Court, Central District of California, Eastern Division. The laws of the State of California shall
govern the interpretation and enforcement of this Agreement.
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 3
2012-10
9. ATTORNEYS' 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.
10. 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.
11. ENTIRE AGREEMENT.
This Agreement and any documents or instruments attached hereto or referred to herein
integrate all terms and conditions mentioned herein or incidental hereto, and supersede all
negotiations and prior writings in respect to the subject matter hereof. In the event of conflict
between the terms, conditions or provisions of this Agreement and any such document or
instrument, the terms and conditions of this Agreement shall prevail.
12. 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.
13. REMEDIESIW AIVER.
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.
14. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
/1/
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 4
.
2012-10
TO THE CITY:
Parks, Recreation and
Community Services Department
13 50 South "E" Street
San Bernardino, CA 92408
(909) 384-5160 Fax (909) 384-5160
TO THE PROVIDER:
Disabled American Veterans
San Bernardino Chapter 12
P.O. Box 1228
Highland, CA 92346
(909)8 38-2634 Fax (909) 862-5864
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Date: ~r-;y--
City of San Bernardino
Approved as to Form:
James F. Penman, City Attorney
By: L 'h/~
V
Date:
l 'I/2KJn
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Disabled American Veterans
San Bernardino Chapter 12
Disabled Veterans San Bernardino Chapter 12
City of San Bernardino
Memorandum of Understanding
Page 5
2012-10
DASU
Blue Mountain Insurance Agency
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. ACORD- I
INSURANCE BINDER DATE (MM/DDNYVY)
~ 01/12/2012
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
AGENCY COMPANY 1 BINDER II
InsuranceNoodle, Inc. Sentinel Insurance Company, Ltd. 44679
233 South Wacker Drive
Suite 1900 DATE EFFECTIVE TIME nA TE EXPIRATION TIME
Chicago, IL 60606 01/12/20121 -H AM 02/11/2012 H 1201AM
PM NOON
WgN~o Ext': 1-888-466-8868 I FAX
iA/C No': 1 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: I SUB CODE: PER EXPIRING POLICY II:
AGENCY 1331212 DESCRIPTION OF OPERA TIONSNEHIClESlPI(OPERTY (Including location)
CUSTOMER 10:
INSURED Disabled American Veterans, San Bernardino chapter 12 Civic Organizations and Clubs
PO Box 1228
HIGHLAND, CA 92346
Business Owner's Policy
I Policy# 83SBAPV5563
COVERAGES
LIMITS
TYPE OF INSURANCE COVERAGElFORMS DEDUCTIBLE COINS % AMOUNT
PROPERTY CAUSES OF lOSS Building
~ D BROAD [X] SPEC
~ BASIC Business Personal Property 500 1,000
~
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
~
X COMMERCIAL GENERAL LIABILITY DAMAGE TO $ 1,000,000
n CLAIMS MADE [Z] OCCUR RENTED PREMISES
MED EXP (Anyone person) $ 10,000
f--- PERSONAL & ADV INJURY $ 2,000,000
f--- GENERAL AGGREGATE $ 4,000,000
RETRO DATE FOR CLAIMS MADE: PRODUCTS - COM PlOP AGG $ 4,000,000
VEHICLE LIABiliTY COMBINED SINGLE LIMIT $
f---
f--- ANY AUTO BODilY INJURY (Per person) $
f--- All OWNED AUTOS BODilY INJURY (Per accident) $
f-- SCHEDULED AUTOS PROPERTY DAMAGE $
~ HIRED AUTOS MEDICAL PAYMENTS $
~ NON-OWNED AUTOS PERSONAL INJURY PROT $
~ UNINSURED MOTORIST $
$
VEHICLE PHYSICAL DAMAGE OED I--J All VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE
~ COLLISION: STATED AMOUNT $
OTHER THAN COL:
~RAGE liABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
f--
f--- EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
R UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $
we STATUTORY LIMITS
WORKER'S COMPENSATION E.L. EACH ACCIDENT $
AND
EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
SPECIAL See attached ACORD 101 Additional Remarks Schedule FEES $ 0.00
CONDITIONS I 0.00
OTHER TAXES $
COVERAGES ESTIMATED TOTAL PREMIUM $ 847.00
NAME & ADDRESS
-1 MORTGAGEE H ADDITIONAL INSURED
lOSS PAYEE
lOAN II
AUTHORIZED REPRESENTATIVE '/?oIf1 ~? Calif lie. 0015163
I
ACORD 75 (2007/01)
Page 1 of 2 @ACORDCORPORATION 1993-2007. All rights reserved.
The ACORD name and logo are registered marks of ACORD
~~
AGENCY CUSTOMER 10: 1331212
LOCI:
~
ACORD-
~.._../
ADDITIONAL REMARKS SCHEDULE
Page
of
AGENCY NAMED INSURED Disabled American Veterans, San Bernardino chapter
InsuranceNoodle, Inc. 12
POUCYNUMBER Policy# PO Box 1228
83SBAPV5563 HIGHLAND, CA 92346
CARRIER . I NAtC CODE
Sentinel Insurance Company, Ltd. EFFECTIVE DATE: 01/12/2012
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 75 FORM TITLE: Insurance Binder
ACORD 101 (2008/01)
@2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
2012-10
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the
terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable in Colorado
With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home
owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the
issuance of the insurance policy.
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to
the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage, no notice of cancellation or no nrenewa I of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall be fined not more than $500.00. and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
Applicable in the Virgin Islands
This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an
insurance policy or certificate (if applicable) from your agent and/or insurance company.
ACORD 75 (2007/01)
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