HomeMy WebLinkAbout06.K- Parks, Recreation & Community Services RESOLUTION (ID #2098) DOC ID: 2098 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Kevin L. Hawkins M/CC Meeting Date: 01/07/2013
Prepared by: Harriet Myers, (909) 384-5233
Dept: Parks, Recreation&Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving a
Facility Use Agreement Between the City and Southern California Mountains Foundation
(Formerly Known as San Bernardino National Forest Association) for the Urban Conservation
Corps for Use of 140 East 5Th Street (The Butler Building) Located at Seccombe Lake, San
Bernardino CA, 92410.
Financial Impact:
This no-cost Agreement will supplement General Fund park maintenance activities at Seccombe
Lake Park,which have historically been underfunded,thereby mitigating the need to allocate
limited resources at that specific site. Any additional utility and/or internet costs will be the sole
responsibility of the UCC.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
May 7, 2012 - Resolution 2012-82 of the Mayor and Common Council of the City of San
Bernardino Approving the 2012-2013 Consolidated Action Plan and Authorizing the City
Manager to Execute Any and All Housing and Urban Development Department (HUD)
Contracts or Documents per Regulation - San Bernardino National Forest Association(CDBG) -
$15,000.
Background:
The Southern California Mountains Foundation(SCMF) (formerly known as San Bernardino
National Forest Association)was created in 1991. The mission of the SCMF is to assist in
managing public land on and near the San Bernardino National Forest which includes the
surrounding city parks and other open green spaces. In 2007,under the guidance of community
leaders from the City of San 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.
URBAN CONSERVATION CORPS (UCC)
Since 2007,the Urban Conservation Corps has been one of the most successful workforce
development training programs for San Bernardino youth and young adults, especially those
from economically disadvantaged neighborhoods. Throughout the City,the Parks,Recreation
and Community Services Department has been a critical partner in support of UCC efforts. To
date,the UCC has donated(in-kind) over 100,000 service hours through its young adult corps,
Updated: 1/3/2013 by Georgeann"Gigi"Hanna A Packet Pg. 102
2098
AmeriCorps and the youth corps programs. The type of workforce skills that the Urban
Conservation Corps trains young people in include,but are not limited to the following:
• General Park Maintenance/Landscaping
• Sprinkler Installation/Irrigation
• Weed Abatement
o Lawn District Maintenance
• Board Ups
• Property Maintenance
• Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing
o Fire Break/Fire Prevention/Fuels Reduction
o Trail Maintenance
o Invasive Weed Removal
• Campground Maintenance
• Recycling
• Graffiti Removal
• Fence Installation/Removal
• Painting
• Lake Restoration including removal of cattails
• Blowing Hardscapes
• Trash can Pickup
• Restroom Cleanup
o Paver Installation
• Other types of general cleanup and repair work as needed
This Resolution seeks to approve an Agreement to allow UCC to occupy a vacant facility within
Seccombe Lake Park, the Butler Building. The Agreement will also allow UCC to utilize
Seccombe Lake Park as an extension of their park maintenance,urban forestry,community
services, education and recreation curriculum(the park remains open to the public), and in
exchange will provide a high visibility for park patrons as well as a daily full-park maintenance
complement.
UCC CREWS
Under the Urban Conservation Corps,young people will be placed in work crews at Seccombe
Lake. These work crews will consist of 5 to 10 workers who will be supervised by I or 2
supervisors Monday through Friday from 6a.m to 2:30p.m. The age of the crew members will
range from 18 to 25 years old. In addition, all of the crew members are required to attend
several job-readiness training classes and classes to improve their work output.
City Attorney Review:
Sumortina Documents:
reso 2098 (PDF)
Updated: 1/3/2013 by Georgeann"Gigi"Hanna A
2098
agrmt 2098 (PDF)
UCC Seccombe Lake Facility Use Scope of Services (DOCX)
Updated: 1/3/2013 by Georgeann"Gigi"Hanna A
1 RESOLUTION NO.
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 5'
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 v
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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 T
10 =
WHEREAS, since 2007,the Urban Conservation Corps has been one of the most LL
11 successful workforce development training programs for San Bernardino youth and young s
12 adults, especially those from economically disadvantaged neighborhoods, donating over 100,000
service hours throu gh its young adult corps, AmeriCorps,and the youth corps programs; and a
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WHEREAS,Urban Conservation Corps desires to occupy a vacant facility within d
14 Seccombe Lake Park known as the Butler Building and to utilize Seccombe Lake Park as an N
extension of their park maintenance, urban forestry, community services, education and
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recreation curriculum in exchange for providing a high visibility for park patrons as well as a
16 daily full-park maintenance complement;
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17 NOW,THERFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
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18 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: N
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19 SECTION 1. The City Manager is hereby authorized and directed to execute a
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20 Facility Use Agreement, attached hereto and incorporated herein, marked Exhibit"A,"with San E
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21 Bernardino Mountains Foundation(formerly known as San Bernardino National Forest a
22 Association) for Urban Conservation Corps, for use of 140 East 5a' Street,the Butler Building,
located at Seccombe Park in exchange for providing visibility in the park and daily park
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maintenance.
24 SECTION 2. The authorizations granted herein are rescinded if the Agreement i
25 not fully executed within sixty(60)days of the passage of this Resolution.
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g. 105
6.K.a
I 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 SECCOM13E LAKE PARK.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
Common Council of the City of San Bernardino at a meeting thereof.
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held on the_day of 2013, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT d
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8 MARQUEZ a
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9 JENKINS
10 VALDIVIA
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11 SHORETT m
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12 KELLEY d
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13 JOHNSON c0°,
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17 The foregoing resolution is hereby approved this day of 2013. N co
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Patrick J. Morris, Mayor
20 City of San Bernardino
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21 Approved as to form: a
JAMES F. PENMAN,
22 City Attorney QQ
23 By:
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PacketPg'106
I 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
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7 "User") and the City of San Bernardino ("CITY"),provides for UCC's exclusive use of one d
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8 building and non-exclusive use of all remaining areas at Seccombe Lake Park, owned by the
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9 CITY, in accordance with the following terms and conditions: a
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to 1. GENERAL: T
I t A. The City agrees to provide UCC with use of Seccombe Lake Park as delineated in LL
12 Section(3)(A) of this Agreement.
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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
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15 delineated in Section 4 of this agreement. y
16 2. TERM AND TERMINATION:
17 A. The term of this Agreement shall be for three (3) years commencing on January 7, co
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8 2013 and ending on January 6, 2016, with the option of two, one-year renewals N
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19 upon mutual written consent of both parties. N
20 B. Either party may terminate this Agreement by giving the other party thirty(30) E
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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
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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
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I 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 E
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8 no cost to CITY. No costs incurred or expenditures made by UCC,under
9 any circumstance, shall be reimbursed by CITY. y
10 B. UCC: w
t t 1. Use of Facility: UCC will use the facilities for training and educational LL
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12 purposes, including classes and field work related to park maintenance,
13 urban forestry, community services, and recreation. This includes use of E
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14 Seccombe Lake which shall be pursuant to all CITY's rules and $
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15 regulations. m
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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 CO
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18 duration of this contract.
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19 3. Adherence to Laws and Regulations: UCC will ensure that all staff,
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20 volunteers, and students adhere to all applicable laws including, but not 0
21 limited to,the City of San Bernardino Municipal Code Chapter 12.80 at al
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22 rimes. CITY reserves the right to deny UCC access to the areas described
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23 herein if requests for compliance to laws and/or regulations are not met. a
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 Packet Pg. 108
I 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. Utility costs and/or intemet costs are the sole responsibility of
a UCC.
5 5. INDEMNITY..
6 User agrees to and shall indemnify and hold the CITY, its elected officials
7 employees, agents or representatives, free and harmless from all claims, actions
s 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 allegedN
10 act or omission of User, its employees, volunteers, agents, students ot w
I l subcontractors, relating to or in any way connected with the accomplishment of
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12 the work or performance of services under this Agreement, unless the bodilym
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13 injury or property damage was actually caused by the sole negligence of the
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14 CITY, its elected officials, employees, agents or representatives. As part of the $
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15 foregoing indemnity, User agrees 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
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18 acts or omissions. User hereby waives any and all rights to any types of express
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19 or implied indemnity against the CITY, its elected officials, employees, agents o N
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20 representatives, with respect to third party claims against SCMF and/or UCCm
21 relating to or in any way connected with the accomplishment of the work o
22 performance of services under this Agreement.
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23 6. INSURANCE: a
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
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I 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 is
6 primary and noncontributory as respects to any losses or liability arising directl
7 or indirectly from the insureds operations." The Certificate of Insurance
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8 furnished to the CITY shall require the insurer to notify CITY at least 30 day d
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9 prior to any change in or termination of the policy. N
to 7. NON-DISCRIMINATION: >
11 In the performance of this Agreement and in the hiring and recruitment of W
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
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14 because of their race,religion, color,national origin, ancestry, age, mental or $
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15 physical disability,medical condition,marital status, sexual orientation, or any co
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16 other status protected by law,except as permitted pursuant to Section 12940 of U
17 the California Government Code.
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18 8. NOTICES:
19 Any notice to be given pursuant to this Agreement shall be deposited with the N
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20 United States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: City Manager's Office
21 300 North"D" Street E
22 San Bernardino, CA 92418
Phone: (909)384-5122
23 Fax: (909) 384-5138 a
24 TO THE UCC: Southern California Mountains Foundation
25 For Urban Conservation Corp
Attention:
26 Address:
27
Phone:
28 Fax:
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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
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7 and expenses of the City Attorney and members of his office in enforcing this d
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8 Agreement on behalf of the CITY shall be considered as "attorney's fees"for the d
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9 purpose of this paragraph. N
io 10. VENUE: ZI
The parties hereto agree that all actions or proceedings arising in connection with LL
12 this Agreement shall be tried and litigated either in the State courts located in the �(D,
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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
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15 venue is intended by the parties to be mandatory and not permissive in nature.
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16 11. GOVERNING LAW:
17 This Agreement shall be governed by the laws of the State of California.
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1a 12. SUCESSORS AND ASSIGNS:
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19 This Agreement shall be binding on and inure to the benefit of the parties to this N
20 Agreement and their respective heirs, representatives, successors, and assigns. a,
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21 13. HEADINGS:
22 The subject headings of the sections of this Agreement are included for the
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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 Packet Pg 111 '-
I 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
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10 date first above shown.
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11 CITY OF SAN BERNARDINO LL
ATTEST:
12 Municipal Corporation and
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Charter City
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14 Georgeann Hanna, City Clerk City Manager in
15 Southern California Mountains Foundation: v
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By: co
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1s Approved as to form: 0"
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19 JAMES F. PENMAN,
20 City Attorney E
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21 By. G' "' ..
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EXHIBIT A
SCOPE OF SERVICES
FOR FACILITY USE AGREEMENT BETWEEN
CITY OF SAN BERNARDINO AND
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
FOR SECCOMBE LAKE PARK
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Pursuant to the terms of the Agreement, Urban Conservation Corps will perform general park E
maintenance/landscaping at Seccombe Lake Park to include:
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• Sprinkler Installation, Maintenance, Repair
• Weed Abatement a
• Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing m
o Trail Maintenance U-
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o Invasive Weed Removal
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o Recycling
o Graffiti Removal E
• Fence Repair, Installation,Removal
o Painting
• Lake Maintenance and Restoration including removal of cattails
• Blowing Hardscapes
• Trashcan Pickup
• Restroom Repair, Cleanup, Maintenance o
• Paver Installation
• All Other types of general cleanup and repair work as needed o
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[ 3 EXHIBIT A
�r•� SCOPE OF SERVICES
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• General Park Maintenance/Landscaping to include: E
• Sprinkler Installation, Maintenance, Repair
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o Weed Abatement a
• Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing
• Trail Maintenance
o Invasive Weed Removal
o Recycling LL
o Graffiti Removal Y
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o Fence Repair, Installation, Removal J
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o Painting E
o Lake Maintenance and Restoration including removal of cattails °
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o Blowing Hardscapes
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o Restroom Repair, Cleanup, Maintenance L)
o Paver Installation
o All Other types of general cleanup and repair work as needed
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