HomeMy WebLinkAbout2013-002 (IMPORTANT NOTE: Resolution is Null and Void
because the agreement was not executed within
the time specified.)
1 RESOLUTION NO. 2013-2
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE
3 AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS
FOUNDATION(FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FOREST
4 ASSOICATION),FOR THE URBAN CONSERVATION CORPS,FOR USE OF 140 EAST 5TH
STREET(THE BUTLER BUILDING) LOCATED AT SECCOMBE LAKE PARK.
5 WHEREAS, the Southern California Mountains Foundation (SCMF) (formerly known as
6 San Bernardino National Forest Association) was created in 1991 with the mission to assist in
managing public land on and near the San Bernardino National Forest which includes the
7 surrounding city parks and other open green spaces; and
8 WHEREAS, in 2007, under the guidance of community leaders from the City of San
9 Bernardino, an Urban Conservation Corps Program was formed to help carry out the mission of
the SCMF and to help build a greater green industry workforce for the Inland Empire; and
10
WHEREAS, since 2007, the Urban Conservation Corps has been one of the most
11 successful workforce development training programs for San Bernardino youth and young
adults, especially those from economically disadvantaged neighborhoods, donating over 100,000
12
service hours through its young adult corps, AmeriCorps, and the youth corps programs; and
13
WHEREAS, Urban Conservation Corps desires to occupy a vacant facility within
14 Seccombe Lake Park known as the Butler Building and to utilize Seccombe Lake Park as an
extension of their park maintenance, urban forestry, community services, education and
15 recreation curriculum in exchange for providing a high visibility for park patrons as well as a
16 daily full-park maintenance complement;
17 NOW,THERFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
18 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. The City Manager is hereby authorized and directed to execute a
20 Facility Use Agreement, attached hereto and incorporated herein, marked Exhibit"A,"with San
Bernardino Mountains Foundation (formerly known as San Bernardino National Forest
21
Association) for Urban Conservation Corps, for use of 140 East 5th Street, the Butler Building,
22
located at Seccombe Park in exchange for providing visibility in the park and daily park
23
maintenance.
24 SECTION 2. The authorizations granted herein are rescinded if the Agreement is
25 not fully executed within sixty (60) days of the passage of this Resolution.
26
- 1
2013-2
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE
2 AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS
FOUNDATION(FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FOREST
3 ASSOICATION),FOR THE URBAN CONSERVATION CORPS,FOR USE OF 140 EAST 5TH
STREET(THE BUTLER BUILDING)LOCATED AT SECCOMBE LAKE PARK.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an•
5
Common Council of the City of San Bernardino at a joint regular meeting thereof,
6
held on the 7th day of January , 2013, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ x
9 JENKINS x
10 VALDIVIA x
11 SHORETT x
12 KELLEY x
13 JOHNSON _ x
MCCAMMACK x _
14
15 } ` =91,/x_.
16 GeorgeanyHanna, rt ,Z:lerk
17 The foregoing resolution is hereby approved this ' day of January , 2013.
18
•
19
. Morris, Mayor
20 City of San Bernardino
21 Approved as to form:
JAMES F. PENMAN,
22 City Attorney
23 By: I
24 /
25
26
-2
2013-2
1 CITY OF SAN BERNARDINO
2 SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
3 FACILITY USE AGREEMENT
4 This Agreement, is made and entered into this 18th day of December 2012 by and
5 between the Southern California Mountains Foundation(SCMF) (formerly known as the San
6 Bernardino National Forest Association) for the Urban Conservation Corp ("UCC") (collectively
7 "User") and the City of San Bernardino ("CITY"), provides for UCC's exclusive use of one
8 building and non-exclusive use of all remaining areas at Seccombe Lake Park, owned by the
9 CITY, in accordance with the following terms and conditions:
10 1. GENERAL:
11 A. The City agrees to provide UCC with use of Seccombe Lake Park as delineated in
12 Section(3)(A) of this Agreement.
13 B. UCC agrees to adhere to City regulations as stated in Section (3) (B) of this
14 Agreement, and to provide the City with the professional and other services as
15 delineated in Section 4 of this agreement.
16 2. TERM AND TERMINATION:
17 A. The term of this Agreement shall be for three (3) years commencing on January 7,
18 2013 and ending on January 6, 2016, with the option of two, one-year renewals
19 upon mutual written consent of both parties.
20 B. Either party may terminate this Agreement by giving the other party thirty (30)
21 days advance written notice of termination, pursuant to the notice requirements of
22 this Agreement. Should UCC fail to faithfully perform all the terms and
23 conditions of this Agreement, CITY may summarily terminate this Agreement by
24 giving UCC 14 days written notice of termination of this Agreement.
25 3. USE OF CITY FACILITIES:
26 A. CITY:
27 1. Facility Use: CITY will allow UCC exclusive use of the building located
28 at 140 East 5th Street (commonly known as the "Butler Building"). The
- 1
2013-2
1 CITY will also allow UCC the use of the entire park grounds during
2 regular park hours, as established by the Mayor and Common Council. It
3 is understood by UCC that the park will remain open to the public at all
4 times, unless otherwise authorized by the CITY.
5 2. Improvements: It is understood that, subject to the approval of the
6 CITY's Director of Parks, Recreation and Community Services
7 ("Director"), UCC may make improvements to the Seccombe Lake Park at
8 no cost to CITY. No costs incurred or expenditures made by UCC, under
9 any circumstance, shall be reimbursed by CITY.
10 B. UCC:
11 1. Use of Facility: UCC will use the facilities for training and educational
12 purposes, including classes and field work related to park maintenance,
13 urban forestry, community services, and recreation. This includes use of
14 Seccombe Lake which shall be pursuant to all CITY's rules and
15 regulations.
16 2. Maintenance of Park and Facilities: UCC will maintain the entire park
17 grounds, as well as the building(s) it utilizes, clean of trash throughout the
18 duration of this contract.
19 3. Adherence to Laws and Regulations: UCC will ensure that all staff,
20 volunteers, and students adhere to all applicable laws including, but not
21 limited to, the City of San Bernardino Municipal Code Chapter 12.80 at all
22 times. CITY reserves the right to deny UCC access to the areas described
23 herein if requests for compliance to laws and/or regulations are not met.
24 All UCC staff and volunteers working with youth will be required to be
25 "live-scanned" consistent with the requirements of CITY volunteers.
26 4. PAYMENT AND SERVICES:
27 In lieu of paying facility rental fees, UCC will provide the CITY with the services
28 indicated in the attached Scope of Services, which is attached hereto as Exhibit A.
_2
2013-2
These services shall be organized and administered by UCC with approval of the
2 Director. All services may be substituted for another service at the sole discretion
3 of the Director. Any additional utility and/or internet costs will be the sole
4 responsibility of the UCC.
s 5. INDEMNITY.
6 Users agrees to and shall indemnify and hold the CITY, its elected officials,
7 employees, agents or representatives, free and harmless from all claims, actions,
8 damages and liabilities of any kind and nature arising from bodily injury,
9 including death, or property damage, based or asserted upon any actual or allege.
10 act or omission of Users, its employees, volunteers, agents, students o
11 subcontractors, relating to or in any way connected with the accomplishment o I
12 the work or performance of services under this Agreement, unless the bodil
13 injury or property damage was actually caused by the sole negligence of the
14 CITY, its elected officials, employees, agents or representatives. As part of the
15 foregoing indemnity, Users agree to protect and defend at its own expense
16 including attorney's fees, the CITY, its elected officials, employees, agents o
17 representatives from any and all legal actions based upon such actual or allege.
18 acts or omissions. Users hereby waive any and all rights to any types of expres-
19 or implied indemnity against the CITY, its elected officials, employees, agents o
20 representatives, with respect to third party claims against SCMF and/or UC•
21 relating to or in any way connected with the accomplishment of the work o
22 performance of services under this Agreement.
23 6. INSURANCE:
24 While not restricting or limiting the foregoing, during the term of this Agreement
25 SCMF for UCC shall maintain in effect policies of comprehensive public, genera
26 and automobile liability insurance, in the amount of $1,000,000.00 pe
27 occurrence, combined single limit, and statutory worker's compensatio
28 coverage, and shall file copies of said policies with the CITY's Risk Manage
-3
2013-2
prior to undertaking any work under this Agreement. CITY, its departments
2 agencies, boards, commissions, elected officials, attorneys, employees, and agent
3 shall be set forth as additional named insured in each policy of insurance provide.
4 hereunder. The policy shall be without right of subrogation against the CITY.
5 The insurance provided shall carry the endorsement that "this insurance i
6 primary and noncontributory as respects to any losses or liability arising directl
7 or indirectly from the insureds operations." The Certificate of Insuranc:
8 furnished to the CITY shall require the insurer to notify CITY at least 30 day
9 prior to any change in or termination of the policy.
10 7. NON-DISCRIMINATION:
11 In the performance of this Agreement and in the hiring and recruitment of
12 employees, SCMF and UCC shall not engage in, nor permit its officers,
13 employees or agents to engage in, discrimination in the employment of persons
14 because of their race, religion, color, national origin, ancestry, age, mental or
15 physical disability, medical condition, marital status, sexual orientation, or any
16 other status protected by law, except as permitted pursuant to Section 12940 of
17 the California Government Code.
18 8. NOTICES:
19 Any notice to be given pursuant to this Agreement shall be deposited with the
20 United States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: City Manager's Office
21 300 North"D" Street
22 San Bernardino, CA 92418
Phone: (909) 384-5122
23 Fax: (909) 384-5138
24 TO THE UCC: Southern California Mountains Foundation
25 For Urban Conservation Corp
Attention:
26 Address:
27
Phone:
28 Fax:
-4
2013-2
1 9. ATTORNEY'S FEES:
2 In the event that litigation is brought by any party in connection with this
3 Agreement, the prevailing party shall be entitled to recover from the opposing
4 party all costs and expenses, including reasonable attorney's fees, incurred by the
5 prevailing party in the exercise of any of its rights or remedies hereunder or the
6 enforcement of any of the terms, conditions or provisions hereof The cost, salary
7 and expenses of the City Attorney and members of his office in enforcing this
8 Agreement on behalf of the CITY shall be considered as "attorney's fees" for the
9 purpose of this paragraph.
10 10. VENUE:
11 The parties hereto agree that all actions or proceedings arising in connection with
12 this Agreement shall be tried and litigated either in the State courts located in the
13 County of San Bernardino, State of California or the U.S. District Court for the
14 Central District of California, Riverside Division. The aforementioned choice of
15 venue is intended by the parties to be mandatory and not permissive in nature.
16 11. GOVERNING LAW:
17 This Agreement shall be governed by the laws of the State of California.
18 12. SUCESSORS AND ASSIGNS:
19 This Agreement shall be binding on and inure to the benefit of the parties to this
20 Agreement and their respective heirs, representatives, successors, and assigns.
21 13. HEADINGS:
22 The subject headings of the sections of this Agreement are included for the
23 purposes of convenience only and shall not affect the construction or the
24 interpretation of any of its provisions.
25 14. SEVERABILITY:
26 If any provision of this Agreement is determined by a court of competent
27 jurisdiction to be invalid or unenforceable for any reason, such determination
28 shall not affect the validity or enforceability of the remaining terms and
-5
2013-2
provisions hereof or of the offending provision in any other circumstance, and the
2 remaining provisions of the Agreement shall remain in full force and effect.
3 15. ENTIRE AGREEMENT; MODIFICATION:
4 This Agreement constitutes the entire agreement and the understanding between
5 the parties, and supersedes any prior agreements and understandings relating to
6 the subject manner of this Agreement. This Agreement may be modified or
7 amended only by a written instrument executed by all parties to this Agreement.
8
9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
10 date first above shown.
t ATTEST: CITY OF SAN BERNARDINO
12 Municipal Corporation and
Charter City
13
14
Georgeann Hanna, City Clerk City Manager
15
Southern California Mountains Foundation:
16
17 By:
18 Approved as to form:
19 JAMES F. PENMAN,
20 City At orney
21 By:
22
23
24
25
26
27
28
-6
2013-2
EXHIBIT A
SCOPE OF SERVICES
FOR FACILITY USE AGREEMENT BETWEEN
CITY OF SAN BERNARDINO AND
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
FOR SECCOMBE LAKE PARK
Pursuant to the terms of the Agreement, Urban Conservation Corps will perform general park
maintenance/landscaping at Seccombe Lake Park to include:
o Sprinkler Installation, Maintenance, Repair
o Weed Abatement
o Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing
o Trail Maintenance
o Invasive Weed Removal
o Recycling
o Graffiti Removal
o Fence Repair, Installation, Removal
o Painting
o Lake Maintenance and Restoration including removal of cattails
o Blowing Hardscapes
o Trashcan Pickup
o Restroom Repair, Cleanup, Maintenance
o Paver Installation
o All Other types of general cleanup and repair work as needed