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HomeMy WebLinkAbout09.J- Parks, Recreation & Community Services RESOLUTION (ID#2319) DOC ID: 2319 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Kevin L. Hawkins M/CC Meeting Date: 03/18/2013 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 Rescinding Resolution 2013-2 and Approving a Revised Facility Use Agreement Between the City and Southern California Mountains Foundation(Formerly Known as San Bernardino National Forest Association) for the Urban Conservation Corps (UCC) for Use of 140 East 5Th Street (The Butler Building) Located at Seccombe Lake, San Bernardino CA, 92410. Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: «Inert Amount>> Account No. «Inert Account No.>> Account Description: «Inert Account Description Balance as o£ «Inert Date>> Balance after approval of this item: «Inert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: January 7, 2013 - Resolution 2013-2 of the Mayor and Common Council Approving a Facility Use Agreement for the Urban Conservation Corps Use of 140 East 5t° Street at Seccombe Lake. 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: On January 7,2013, the Mayor and Common Council approved a facility use agreement between the City and Southern California Mountains Foundation for the Urban Conservation Corps for the use of 140 East 5a' Street(the Butler building), located at Seccombe Lake Park. On January 8, 2013,the Department was contacted by representatives from the UCC regarding additional changes to the agreement,which would allow for the expansion of UCC services to other park sites. O Not opposed to the option,the Department approached the City Attorney's office as the best course of action to facilitate the changes-side letter agreement or re-agendize for Mayor and Updated: 3/14/2013 by Sbauna Britton 2319 ® Common Council approval. Following a review of the issues,the City Attorne 's Office recommended re-agendizing the agreement. Once that determination was made, additional agreement format changes were made by the attorneys for the Board of the Southern California Mountains Foundation,with concurrence from our City Attorney's Office. 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. hi 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, ® 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,maintenance and repair • Weed abatement • Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing (provided that in no event shall UCC be obligated to perform any such services which require the use of a ladder greater in height than six feet) • Trail maintenance • Invasive weed removal • Recycling • Graffiti removal • Fence repair, installation,removals as mutually agreed • Painting as mutually agreed • Lake maintenance and restoration, including removal of cattails • Blowing hardscapes • Trashcan pickup • Restroom repair, cleanup and maintenance Updated:3/14/2013 by Shauna Britton Packet Pg. 395 2319 p • Paver Installation as mutually agreed • Other types of general cleanup and repair work as mutually agreed This Resolution seeks to rescind Resolution 2013-2 and approve a revised Agreement to allow UCC to occupy a vacant facility within Seccombe Lake Park,the Butler Building with the option of expanded park maintenance at additional park sites. In exchange for use of the Butler Building,this Agreement will 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 1 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: Supporting Documents: agnnt 2319 (PDF) reso 2319 (PDF) Updated:3/14/2013 by Shauna Britton Packet Pg. 396 9.J.a CITY OF SAN BERNARDINO SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION FACILITY USE AGREEMENT This Agreement is made and entered into as of the _ day of 2013, by and between the Southern California Mountains Foundation ("SCMF") (formerly known as Y the San Bernardino National Forest Association) and the City of San Bernardino a d („City„) s J d a E RECITALS U d This Agreement is made with reference to the following facts: A v A. The City owns Seccombe Lake Park (the "Park'), located in the City at 160 E. 5th m Street. m B. SCMF operates a program known as the Urban Conservation Corp ("UCC), which is o a workforce training program for the benefit of inner-City youths, providing training and services relating to park maintenance, urban forestry, community services, and recreation. U C. Through the UCC, SCMF has available manpower to assist City in the maintenance M of the Park. D. The Park includes a building (the "Butler Building") located at 140 E. 5th Street N which could serve as a training and operations facility for UCC.The Park and the Butler m R Building are sometimes collectively referred to as the "Facilities". d E E. UCC operates various programs from time to time which require the use of training facilities and require schedules extending for periods of several weeks or months a (collectively, the"Programs"). F. The parties desire to develop a framework for park maintenance which could be expanded to other park facilities within the City. Page 1 sssoms-IOM23 I Packet Pg. 397 9.J.a OPERATIVE PROVISIONS Now therefore, the parties agree as follows: 1. TERM AND TERMINATION: A. Term. The term of this Agreement shall be for three (3) years commencing on March 19, 2013 and ending on March 18, 2016, with the option of two, one-year renewals, each exercisable upon written notice from UCC to City delivered not less than thirty (30) s days prior to the expiration of the then current term. d a E B. Termination Without Cause. Either party may terminate this Agreement by giving 0 U the other party thirty (30) days advance written notice of termination, pursuant to the notice requirements of this Agreement, provided that if City delivers a notice of rn G termination pursuant to this Section 13 which would become effective at a time when a 3 UCC is implementing a Program from the Facilities, the effective date of the notice of 0° d termination shall be deferred up to 30 days or until completion of the then-pending m Program, whichever occurs first, unless City provides alternative training facilities o acceptable to UCC for completion of the Program. U V C. Termination For Cause. Should UCC materially breach this Agreement, and such LL breach continues uncured for more than ten (10) days following UCC's receipt of v m written notice from City describing the breach with particularity, City may summarily terminate this Agreement by giving UCC five (5) days written notice of termination of N this Agreement. M N 2. USE OF CITY FACILITIES: E `os A. City: d E 1. Facility Use: UCC shall have exclusive use of the Butler Building, with access available to UCC at all times. UCC will also have the non-exclusive a use of the entire Park grounds during regular park hours, as established by the Mayor and Common Council. It is understood by UCC that the Park will remain open to the public at all times, unless otherwise authorized by the City. Page 2 ssvo-oos—105=3.1 2. Improvements: It is understood that, subject to the approval of the City's Director of Parks, Recreation and Community Services ("Director"), UCC may voluntarily make capital improvements to the Park at no cost to City. No costs incurred or expenditures made by UCC in connection with such capital improvements shall be reimbursed by City. B. UCC: Y a 1. Use of Facilities: UCC will use the Facilities for training and educational J purposes, including classes and field work related to park maintenance, urban forestry, community services, and recreation. This includes use of 0 U the Park, which shall be pursuant to all City's rules and regulations. ,W 2. Maintenance of Park and Facilities: UCC will provide the labor to m n maintain the Facilities, including the entire Park grounds, as well as the m Building(s) it utilizes, clean of trash throughout the duration of this 3 ® Agreement. m 3. Adherence to Laws and Regulations: UCC will ensure that all staff, ' U volunteers, and students adhere to all applicable laws including, but not U. limited to, the City of San Bernardino Municipal Code Chapter 12.80 at all U times. All UCC staff and volunteers working with youth will be required �? to be "live-scanned" consistent with the requirements of City volunteers. N 3. PAYMENT AND SERVICES: N In lieu of paying facility rental fees, UCC will provide the City with the labor required E to perform the services indicated in the attached Scope of Services, which is attached hereto as Exhibit "A." These services shall be organized and administered by UCC with E approval of the Director. All services may be substituted for another service at the request of UCC and the approval of the Director. Utility costs and/or internet costs are a the sole responsibility of UCC. i Page 3 S596O05-1050221.1 Packet Pg. 399 4. INDEMNITY. SCMF 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 SCMF, its employees, volunteers, agents, students or subcontractors, relating to or in Y any way connected with the accomplishment of the work or performance of services a under this Agreement, except to the extent that the bodily injury or property damage j was actually caused by the negligence or willful misconduct of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, SCMF 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 allege acts or omissions. m SCMF 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 SCMF and/or UCC relating to, or in any way connected N with, the accomplishment of the work or performance of services under this Agreement. 0 U 5. INSURANCE: LL U While not restricting or limiting the foregoing, during the term of this Agreement, SCMF shall maintain in effect policies of comprehensive public, general and automobile M N liability insurance, in the amount of$1,000,000.00 per occurrence, combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies N with the City's Risk Manage prior to undertaking any work under this Agreement. City, its departments agencies, boards, commissions, elected officials, attorneys, employees, and agent shall be set forth as additional named insured in each policy of insurance E r provide hereunder. The policy shall be without right of subrogation against the City. The insurance provided shall carry the endorsement that "this insurance i primary and a noncontributory as respects to any losses or liability arising directly or indirectly from the insureds operations." The Certificate of Insurance furnished to the City shall require the insurer to notify City at least 10 days prior to any change in or termination of the policy. Page 4 S5"5-050243.1 Packet Pg. 400 6. NON-DISCRIMINATION: In the performance of this Agreement and in the hiring and recruitment of employees, SCMF 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 orientation, or any other status protected by law, except as permitted Y pursuant to Section 12940 of the California Government Code. a v Y 7. EXPANSION TO OTHER PARK FACILITIES: d Upon the mutual agreement of City and SCMF, the provisions of this Agreement may c U be expanded to other park facilities within the City by the addition of a schedule d Cn identifying for each added park: (i) the park location, (ii) the building facilities within M the park which are to be available to UCC, (iii) the exclusive and/or non-exclusive nature of UCC's use of such buildings and (iv)the maintenance duties to be performed m by UCC at such park. 5 ® m 8. NOTICES: Any notice to be given pursuant to this Agreement shall be deposited with the United U States Postal Service, postage prepaid and addressed as follows: LL To City: To SCMF: W City Manager's Office Southern California Mountains Foundation N 300 North "D"Street Attention: Rhonda Whittacker, CFO San Bernardino, CA 92418 Address:7177 Brockton Ave,Suite 333 N Phone: (909) 384-5122 Riverside, CA 92506 E Fax: (909) 384-5138 Phone: 951-682-7513 Fax: 951-682-7560 d E t U 16 Q 9. 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 attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the Page 5 ssoms-msalv.] I Packet Pg. 401 terms, conditions or provisions hereof. The cost, 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 "attorney's fees" for the purpose of this paragraph. 10. 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 (L California, Riverside Division. The aforementioned choice of venue is intended by the d parties to be mandatory and not permissive in nature. E 0 U U 11. GOVERNING LAW: U) A This Agreement shall be governed by the laws of the State of California. M a 12. SUCCESSORS AND ASSIGNS: m' d This Agreement shall be binding on and inure to the benefit of the parties to this ® m Agreement and their respective heirs, representatives, successors, and assigns. o d N 13. HEADINGS: U The subject headings of the sections of this Agreement are included for the purposes of LL convenience only and shall not affect the construction or the interpretation of any of its provisions. M 14. SEVERABILITY: M If any provision of this Agreement is determined by a court of competent jurisdiction to N E 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 E U Agreement shall remain in full force and effect. In such event, however, the parties a agree to negotiate in good faith to amend this Agreement so as to replace any illegal, invalid or unenforceable provision of this Agreement with a legal, valid and enforceable provision that, to the extent possible, will preserve the economic bargain of this Agreement. Page 6 85vo-005-Joso223.1 Packet Pg. 402 © 15. 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. Signatures Follow On Next Page... s a m Y R J d 9 E 0 U U d N A m C_ m d 7 ® m w O d N 7 U U 7 LL U N ai M N T M N E O7 R G 0 E L U l6 a 0 Page 7 S590405-13.1 Packet Pg.403 9.J.a IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. ATTEST: CITY OF SAN BERNARDINO MUNICIPAL CORPORATION AND CHARTER CITY GEORGEANN HANNA, _ CITY CLERK Y `m a BY: m s ALLEN PARKER CITY MANAGER E 0 U SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION: rn m rn BY: 'v m 0 APPROVED AS TO FORM: 3 © m `0 JAMES F.PENMAN, w n CITY ATTORNEY V V LL BY: d gl U y rn r> N M N E 01 C d E s U 07 a Page 8 5590-005-1050233.1 Packet Pg. 404 9.J.a EXHIBIT A SCOPE OF SERVICES FOR FACILITY USE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA MOUNTAINS Y FOUNDATION FOR SECCOMBE LAKE PARK d Y R Pursuant to the terms of the Agreement, UCC will perform general park maintenance and landscaping at Seccombe Lake Park, including: o U V d • Sprinkler installation, maintenance and repair • Weed abatement r a • Tree Cutting/Tree Planting/Tree Pruning/Tree Grubbing (provided that in m no event shall UCC be obligated to perform any such services which m 5 require the use of a ladder greater in height than six feet) m d • Trail maintenance w • Invasive weed removal L) U • Recycling LL U • Graffiti removal rn • rn Fence repair, installation, removal as mutually agreed N_ 0. Painting as mutually agreed a) N • Lake maintenance and restoration, including removal of cattails N E • Blowing hardscapes • Trashcan pickup • Restroom repair, cleanup and maintenance • Paver Installation as mutually agreed a • Other types of general cleanup and repair work as mutually agreed Exhibit "A" -Page 1 5590-005--1050113.1 Packet Pg.405 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO RECINDING RESOLUTION 2013-2 AND AUTHORIZING THE CI 3 MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT BETWEE THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATIO 4 (FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FORES ASSOICATION), FOR THE URBAN CONSERVATION CORPS, FOR USE OF 14 5 EAST 5T" STREET (THE BUTLER BUILDING) LOCATED AT SECCOMBE LAKI x 6 PARK. a 7 WHEREAS, the Southern California Mountains Foundation("SCMF")(formerly known as San Bernardino National Forest Association) was created in 1991 with the mission to assist in a g managing public land on and near the San Bernardino National Forest which includes the o surrounding city parks and other open green spaces; and 9 WHEREAS,in 2007, under the guidance of community leaders from the City of San 10 Bernardino, an Urban Conservation Corps Program was formed to hel p carry out the mission of � 11 the SCMF and to help build a greater green industry workforce for the Inland Empire; and 9 m 12 WHEREAS, since 2007,the Urban Conservation Corps has been one of the most successful workforce development training programs for San Bernardino youth and young m' Q 13 adults,especially those from economically disadvantaged neighborhoods, donating over 100,000 d 14 service hours through its young adult corps, AmeriCorps, and the youth corps programs; and U WHEREAS,Urban Conservation Corps desires to occupy a vacant facility within U 15 � Seccombe Lake Park known as the Butler Building and to utilize Seccombe Lake Park as an 16 extension of their park maintenance,urban forestry, community services, education and recreation curriculum in exchange for providing a high visibility for park patrons as well as a 17 daily full-park maintenance complement; and 18 WHEREAS,on January 7,2013, the Mayor and Common Council adopted Resolution N 19 2013-2 authorizing the City Manger to execute a Facility Use Agreement with SCMF for the use of the Butler Building and Seccombe Lake Park,however on January 8,2013,the City was 20 informed that SCMF desired changes to the agreement, and thus the agreement was never 21 executed by either party; t U 22 NOW,THERFORE,BE IT RESOLVED BY THE MAYOR AND COMMON a 23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 24 SECTION 1. Resolution 2013-2,approved by the Mayor and Common Council 25 on January 7,2013, is hereby rescinded. 26 - 1 Packet Pg. 406 9.J.b 1 SECTION 2. The City Manager is hereby authorized and directed to execute a 2 revised Facility Use Agreement, attached hereto and incorporated herein, marked Exhibit "A," 3 with Southern California Mountains Foundation(formerly known as San Bernardino National 4 Forest Association) for Urban Conservation Corps, for use of 140 East 5'h Street,the Butler 5 Building, located at Seccombe Park in exchange for providing visibility in the park and daily Y 6 park maintenance. a SECTION 3. The authorizations granted herein are rescinded if the Agreement is ee 7 J not fully executed within sixty (60) days of the passage of this Resolution. a 8 E 0 v 9 M 10 11 L d 12 M� W 13 w 0 d N 14 L) U V 15 LL U 16 N M 17 M N 18 r M N 19 L 20 d E 21 u M 22 a 23 24 25 26 _2 Packet pg.407 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RECINDING RESOLUTION 2013-2 AND AUTHORIZING THE CIT 2 MANAGER TO EXECUTE A REVISED FACILITY USE AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATIO 3 (FORMERLY KNOWN AS SAN BERNARDINO NATIONAL FOREST ASSOICATION), FOR THE URBAN CONSERVATION CORPS, FOR USE OF 14 4 EAST 5TH STREET (THE BUTLER BUILDING) LOCATED AT SECCOMBE LAKE 5 PARK. Y L 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an a d 7 Common Council of the City of San Bernardino at a meeting thereof d 8 held on the_day of ,2013,by the following vote,to wit: E 0 Council Members: AYES NAYS ABSTAIN ABSENT 9 U) MARQUEZ 10 c JENKINS 2 11 m o VALDIVIA d 12 SHORETT m' 13 KELLEY N 14 JOHNSON U 15 MCCAMMACK LL 16 rn 17 Ueorgeann Hanna, City Clerk-- er N m 18 The foregoing resolution is hereby approved this day of 2013. o 19 m L 20 m 21 Patrick J. Morris, Mayor City of San Bernardino a 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney I24 By: 2s 126 .3 Packet Pg. 408