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HomeMy WebLinkAboutContracts & Agreements_69-2017 FOR COUNTY USE ONLY New FAS Vendor Code �+�r Dept Contract Number - llChange SC 101 17-RP 160 D Cancel SAN BERNARDINO ePro Vendor Number ePro Contract Number COUNTY County Department Dept Orgn Contractor's License No Regional Parks Department CCP YUC County Department Contract Representative Telephone Total Contract Amount F A S Maureen A Snelgrove, Interim Director (909)387-2340 Contract Type STANDARD CONTRACT M (Revenue ❑ Encumbered ❑ Unencumbered ❑ Other If not encumbered or revenue contract type, provide reason Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept Organization Appr Obj/Rev Source GRCIPROJIJOB No Amount AAA CCP YUC $ 1 775 Fund Dept. Organization Appr Obj/Rev Source GRC/PROJIJOB No. Amount Fund Dept Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount $ Project Name Estimated Payment Total by Fiscal (ear FY Amount IID FY Amount IID THIS CONTRACT Is entered Into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Redlands hereinafter called PERMITTEE Address 35 Cajon Street Redlands CA 92373 Telephone Federal ID No or Social Security No (909)797-7553 IT IS HEREBY AGREED AS FOLLOWS (Use space below and additional bond sheets Set forth service to be rendered, amount to be paid,manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions,and attach plans, specifications, and addenda, if any.) SAN BERNARDINO COUNTY REGIONAL PARKS DEPARTMENT ' � j; YUCAIPA REGIONAL PARK INTERIM USE PERMIT Auditor ControllerlTreasurerlTax Collector Use Only ❑Contract Database ❑ FAS Input Date Keyed By Page 1 of 11 I PARTIES The COUNTY as permitter hereby permits PERMITTEE to utilize Yucaipa Regional Park ("Park") located in Yucaipa, California for the Solar Boat Challenge and Campout ("Event") and related activities II USE AREA PERMITTEE shall have the right to use the Park as depicted in Exhibit"A" Use Area, attached hereto and by this reference made a part hereof III. TERM The term of this permit shall be for a four (4) day event, commencing May 19, 2017 through May 21, 2017 during normal business hours, and related set-up and tear-down days, on Thursday, May 18, 2017 and Sunday, May 21, 2017 Additionally, PERMITTEE's activities at the Use Area are limited to staging and activities related to this event Neither the Use Area, the Park nor any part thereof may be used by PERMITTEE for any other purpose IV USE FEES A Event Contract Fee in the amount of one-hundred dollars ($100) B Area Use PERMITTEE shall pay a 1 Use Fee of one-thousand one-hundred seventy-five dollars ($1,175) for the use of the Park as designated on Exhibit "A" to be paid by 3.00 p m , Friday, May 12, 2017 The Use Fee is broken down as follows a A fee of eight-hundred dollars ($800)for Group 3 Shelter for four days b A fee of three-hundred seventy-five dollars ($375) for private use of lower lake for three days 2 Entrance Fee A vehicle entry fee of ten dollars ($10) will be charged for each vehicle attending the event as follows Spectators $10 per vehicle upon entry PERMITTEE will inform Spectators that cash will be due upon arrival Participating attendees (not camping) $10 per vehicle Park Staff will tally each entrance fee of those identified as Event participants (not camping) to invoice to PERMITTEE to pay at the close of the Event Attendees assisting with the event will not be charged an entrance fee, provided their name is listed on the Guest List The Guest List will be provided to the park staff no later than 4 p m on Thursday, May 18, 2017 3 Camping Fee Revised 01/10/17 Page 2 of 11 PERMITTEE agrees to pay the camping fee of five dollars ($5) per person, per night for participants associated to the Event Park staff will tally each entrance fee of those identified as Event participants to invoice to PERMITTEE to pay at the close of the Event Additionally, PERMITTEE agrees to pay an entrance tally fee of thirty dollars ($30) 4 Staffing fee (if applicable) If the Event takes place outside of the Park's normal working hours or extends beyond the contracted date and time, PERMITTEE will pay a fee of seventeen dollars and thirty-five cents ($17 35) for each Public Service Employee, a fee of forty-four dollars and sixty-two cents ($44 62) for each Ranger II a fee of twenty-one dollars and forty-two cents ($21.42) for each General Services Worker (GSW), or a combination of these, for each hour outside of the park's normal working hours where a staff remains on duty C Fee Adiustments All County fees shall be adjusted without individual notice to PERMITTEE by enactment of future Board-approved revisions to the Regional Parks' Fee Ordinance D Damacie/Cleanup Deposit PERMITTEE shall pay five-hundred dollars ($500) to guarantee a damage/clean up deposit to be paid 3 00 p m , Friday, May 12, 2017 PERMITTEE is responsible to pay for damages incurred by the COUNTY due to the use of the Park by PERMITTEE, or persons allowed at the Park by PERMITTEE, including PERMITTEE's members, employees, volunteers, and invitees or the EVENT or additional event attendees, participants, spectators guests employees or volunteers (collectively included and referred to herein as"PERMITTEE's guests") The Park Superintendent and On Site Coordinator for PERMITTEE shall inspect the Use Area both before and after the Event to determine the extent of any damages incurred The COUNTY will invoice for any damages identified following final walk through E All payments shall be made by money order, certified cashier's check, or credit card payable to San Bernardino County Regional Parks and delivered to Regional Parks Administrative Offices, located at 777 East Rialto Avenue, San Bernardino, CA 92415-0763. THIS PAYMENT WILL NOT BE ACCEPTED AT THE PARK V PERMITTEE'S RESPONSIBILITIES A PERMITTEE agrees to provide staffing for the Event including but not limited to Parking Staff and Event Staff B PERMITTEE agrees to provide portable restrooms in compliance with the Department of Public Health Special Event Portable Toilet Recommendations C PERMITTEE agrees to provide tables, chairs, and trash receptacles D PERMITTEE agrees to provide the appropriate amount of lighting, if it is not available at the park E PERMITTEE agrees to provide copies of the Guest List indicating who is assisting at the Event, names listed will not be charged an entrance fee Permittee agrees to advise the Event participants that they must identify themselves as Solar Boat Challenge participants, otherwise, the normal park entrance fee will be charged No exceptions are provided Revised 01/10/17 Page 3 of 11 VI. REGIONAL PARKS BOOTH PERMITTEE allows Regional Parks to operate, at no charge, an information/public relations booth during the Event and allows the sale of non-event pins, shirts, and other Regional Parks event tickets for the general public in the areas of the other booths The location of the booth will be as agreed upon by PERMITTEE and Park Superintendent VII EVENT PLAN PERMITTEE shall submit its Event Plan ("Plan") to the Park Superintendent by 3.00 p m , Friday, May 12, 2017 and shall at the request of the COUNTY review the Plan with representatives of the COUNTY, including the Regional Parks The Plan must outline specific security, parking, set up, and clean up, signage, advertisement, gate ingress, egress, sanitation, food, and vendor operations PERMITTEE shall not be allowed to nor shall PERMITTEE allow the sale or distribution of alcoholic beverages at the EVENT The Plan shall include persons responsible, name of company, if applicable, times, electrical requirements, site plans, etc VIII PARK RULES PERMITTEE shall conform to and abide by all Park rules and regulations relating to the operation herein authorized and shall conform at all times to applicable rules, regulations, resolutions, ordinances, and statutes of the COUNTY OF SAN BERNARDINO, State of California, the federal government, and all other governmental agencies where applicable, and where permits are required for such operations, the same must first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken IX PERMITS AND APPROVALS PERMITTEE shall obtain and maintain throughout the Event all necessary permits licenses and approvals from applicable federal, state and local agencies, including, but not limited to, the San Bernardino County Sheriffs Department (security), San Bernardino County Environmental Health Services (sanitation, food/drink), California Highway Patrol (traffic), Caltrans (freeway access), San Bernardino County Transportation (roadways), and the California Division of Forestry, as required for any use allowed by COUNTY All necessary pre-event fee and deposits, permits, licenses and approvals shall be delivered to the Department of Regional Parks by 3 00 p m , Friday, May 12, 2017 X NO DISCRIMINATION During the term of the Contract, PERMITTEE shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status PERMITTEE shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted XI NO SEGREGATION Revised 01/10/17 Page 4 of'I I PERMITTEE must not discriminate against or cause the segregation of any person or group of persons on account of race, religious creed, color, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in the occupancy, use, tenure or enjoyment of the Use Area used for the EVENT, nor may PERMITTEE or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of or by any person within the Use Area used for the EVENT XII SECURITY PERMITTEE understands and agrees that the COUNTY shall not be required to provide, nor shall COUNTY provide, any security for the personal property and/or the person of PERMITTEE or any of PERMITTEE's members, guests or invitees Any loss, damage and injury to any property or person of PERMITTEE or PERMITTEE's members, guests, or invitees shall be at the sole cost, expense and responsibility of PERMITTEE XIII INDEMNIFICATION AND INSURANCE CLAUSE A Indemnification - PERMITTEE agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers from claims, actions, losses, damages, and/or liability arising out of this contract from acts, errors or omissions of negligence by PERMITTEE or any of PERMITTEE's members guests or invitees and for costs or expenses incurred by the COUNTY on account of negligence except where such indemnification is prohibited by law PERMITTEE's indemnification obligation applies to the COUNTY s "passive" negligence but does not apply to the COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782 B Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010 C Waiver of Subrogation Riahts- PERMITTEE shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors All general or auto liability insurance coverage provided shall not prohibit PERMITTEE and PERMITTEE's employees or agents from waiving the right of subrogation prior to a loss or claim PERMITTEE hereby waives all rights of subrogation against the COUNTY D Policies Primary and Non-Contributory-All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY E Severabilitv of Interests — PERMITTEE agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between PERMITTEE and the County or between the County and any other insured or additional insured under the policy F Proof of Coveraae- PERMITTEE shall immediately furnish the, above-required certificates of insurance to the Regional Parks Department, evidencing the insurance coverage including endorsements upon execution of this agreement Revised 01/10/17 Page 5 of 11 G Accer)tability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A-VII" H Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management I Failure to Procure Coverage — In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the COUNTY will be promptly reimbursed by PERMITTEE or COUNTY payments to PERMITTEE will be reduced to pay for COUNTY purchased insurance J Insurance Review- Insurance requirements are subject to periodic review by the County The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County In addition, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract PERMITTEE agrees to execute any such amendment within thirty (30) days of receipt Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County XIV INSURANCE SPECIFICATIONS PERMITTEE agrees to provide insurance set forth in accordance with the requirements herein If PERMITTEE uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, PERMITTEE agrees to amend, supplement or endorse the existing coverage to do so The type(s) of insurance required is determined by the scope of the contract services Without in anyway affecting the indemnity herein provided and in addition thereto, PERMITTEE shall secure and maintain throughout the contract term the following types of insurance with limits as shown A Workers' Compensation/Emplovers Liabilitv — A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of PERMITTEE and all risks to such persons under this contract B Commercial/General Liabilitv Insurance — PERMITTEE shall carry General Liability Insurance covering all operations performed by or on behalf of PERMITTEE providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence The policy coverage shall include 1 Premises operation and mobile equipment 2 Products and completed operations Revised 01/10/17 Page 6 of 11 3 Broad form property damage (including completed operations) 4 Explosion, collapse and underground hazards 5 Personal injury 6 Contractual liability 7 $2,000,000 general aggregate limit C Automobile Liabilitv Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto) The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence If PERMITTEE is transporting one or more non-employee passengers,- in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence If PERMITTEE owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable D Special Event Liabilitv Insurance -- The County has a program to provide Special Event Liability Insurance to individuals and groups utilizing County facilities for activities not sponsored by the County, its Departments or Districts This coverage provides one million ($1,000,000) limits of liability for bodily injury and property damage and includes liquor liability coverage It effectively transfers the liability from the County and its taxpayers to the agency/individual scheduling the activity or program The coverage provides affordable rates to all non-County groups and individuals on a standard basis and still transfers the risk to an insurance company Annual rates for ongoing activities are also available For additional information on this coverage contact local Parks office E Umbrella Liabilitv Insurance —An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy The coverage shall also apply to automobile liability XV NO ASSIGNMENT No assignment of this Permit or any interest therein and no sub permit for any purpose shall be granted by PERMITTEE XVI NOTICE Any notice or communication required or permitted to be given under this permit including notices under the California Unlawful Detainer Statues, shall be given to the respective parties in writing by registered or certified mail, postage prepaid or otherwise personally delivered as follows A If to COUNTY San Bernardino County Department of Regional Parks 777 l=ast Rialto Avenue San Bernardino, CA 92415-0763 B If to PERMITTEE City of Redlands 35 Capon Street Redlands, CA 92373 Attn Cecilia Gnego Revised 01/10/17 Page 7 of 11 Or at such other address or to such other persons as either of the parties may from time to time designate by written notice given as herein provided Notice given by mail as required above shall be deemed delivered three (3) days after mailing XVII ATTORNEYS' FEES AND COSTS If any legal action is instituted to enforce or declare any party's rights hereunder each party regardless of which party is the prevailing party, must bear its own costs and reasonable attorneys' fees This paragraph shall not apply to those costs and attorneys'fees directly arising from any third party legal action against a party hereto and payable under Paragraph 13, INDEMNIFICATION AND INSURANCE CLAUSE XVIII VENUE The parties acknowledge and agree that this Permit was entered into and intended to be performed in whole or substantial part in San Bernardino County, California The parties agree that the venue for any action or claim brought by any party to this Permit will be the San Bernardino District of San Bernardino County Each party hereby waives any law or rule of court, which would allow them to request or demand a change of venue If any action or claim concerning this Permit is brought by any third party, the parties agree to use their best efforts to obtain a change of venue to the San Bernardino District of San Bernardino County XIX. APPLICABLE LAW This permit shall be interpreted and construed according to the laws of the State of California XX FORCE MAJEURE PERMITTEE and COUNTY shall not be deemed in violation of this permit if it is prevented from performing its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortages of material, acts of God, acts of public enemy, acts of superior governmental authority, weather conditions, riots, rebellions, or any other circumstances for which it is not responsible or which are not within its control XXI DISCLOSURE OF INFORMATION All information received by the COUNTY from any source concerning this Permit, including the Permit itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et sea. (the "Public Records Act") PERMITTEE understands that although all materials received by the COUNTY in connection with this Permit are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act In the event a request for disclosure of any part or all of any information which a PERMITTEE has requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify PERMITTEE of the request and shall thereafter disclose the requested information unless PERMITTEE, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY a legally sound basis for nondisclosure, and agrees to indemnify, defend with counsel approved by COUNTY, and hold the COUNTY harmless in any/all actions brought to require disclosure PERMITTEE waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify PERMITTEE of any such disclosure request and/or releases any information received concerning the Permit received from PERMITTEE XXII TAXES Revised 01/10/17 Page 8 of 11 A PERMITTEE recognizes and understands that this Permit may create a possessory interest subject to property taxation and that PERMITTEE may be subject to the payment of property taxes levied on such interest B PERMITTEE covenants and agrees to pay all taxes, including possessory interest tax, and assessments upon all improvements, fixtures, furniture, and other property owned by PERMITTEE and used in the exercise of PERMITTEE's rights under this Permit or levied by reason of PERMITTEE's operations pursuant to this Permit XXIII FAILURE TO PAY For any use payment not received when due and payable, or postmarked when due and payable and received within five (5) days thereafter, PERMITTEE must pay to COUNTY an additional thirty-five and 001100 dollars ($35 00) each as an administrative processing charge The parties agree that this late charge represents a fair and reasonable estimate of the costs that COUNTY will incur by reason of late payment by PERMITTEE Acceptance of a late charge will not constitute a waiver of PERMITTEE's default with respect to the overdue amount nor prevent COUNTY from exercising any of the other rights and remedies available to COUNTY Use fees not paid when due will bear simple interest from the date due until paid in full at the rate of 0 05% per day XXIV NO ESTATE PERMITTEE agrees that it does not and shall not claim at any time an interest or estate of any kind or extent whatsoever in the Use Area or Park, by virtue of this Permit or occupancy or use hereunder XXV TERMINATION A DEFAULT In the event that either party violates any of the terms and conditions of this permit, the aggrieved party shall give written notice of specific violation and demand for corrections B TERMINATION FOR DEFAULT If, within one (1) day after written notice and demand, the violating party has not completely corrected this violation or shown acceptable cause therefore, the aggrieved party has the right to immediately terminate this Permit and pursue any and all remedies provided by law C PERMITTEE agrees that COUNTY may immediately suspend this Permit, and further, PERMITTEE agrees to immediately cease operations at the Event if PERMITTEE fails to meet the insurance requirements each year, as stated herein or for good cause as determined by the COUNTY D If this Permit is terminated because PERMITTEE is in breach of this Permit, all fees paid to the COUNTY shall be retained by the COUNTY and shall not be refunded to PERMITTEE E LIABILITY FOR BREACH Termination for default shall not excuse either party from any liability for breach of License, such breach shall be deemed total XXVI INTERPRETATIONS As this Permit was jointly prepared by both parties the language in all parts of this Permit will be construed, in all cases, according to its fair meaning, and not for or against either party hereto XXVII AUTHORIZED SIGNATORS Both parties to this Permit represent that the signators executing this document are fully authorized to enter into this permit Revised 01/10/17 Page 9 of 11 XXVIII ENTIRE AGREEMENT This Permit contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Permit, and no prior agreement or understanding pertaining to any such matter is effective for any purpose IN WITNESS WEREOF, the parties hereto have caused their respective names to be subscribed by their respective proper officers hereto duly authorized 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY OF SAN BERNARDINO City of Redlands (Print or type name,of`c`orporation mp ny contractor etc.) By W I'IA{ureen A Snelgroye. Int nm Director {Authorized signature-sign in blue ink) Dated � /-� Name Paul W. Foster, Mayor (Print or type name of person signing contract) Title Mayor (Print or Type) Dated /- 2 /1 Address 35 Ca-ion Street Redlands, CA 92373 ATTEST: �44 +�AK�� J,!) ne Donaldson, t,Ity t,lerk Revised 01/10/17 Page 10 of 11 Approved a4LI m Revie d by Contract plian e Dawn Marfty C uMichael elgada Administrati Supervisor Date �/V7 / Date �� t Revised 01/10/17 Page 11 of 11 ti, ► > _ �- 1F ;� fir.=�- I ya r