HomeMy WebLinkAboutContracts & Agreements_40-2008_CCv0001.pdf AGREEMENT FOR THE MAINTENANCE AND PROMOTION OF PUBLIC TRAILS
BETWEEN THE CITY OF REDLANDS AND THE REDLANDS CONSERVANCY
This agreement for the maintenance and promotion of public trails ("Agreement") is
made and entered into this 18"°' day of March, 2008 ("Effective Date") by and between the City of
Redlands (the"City"), a municipal corporation of the State of California, and the Redlands
Conservancy(the "Conservancy"), a 501 (c)(3) nonprofit corporation. The City and the
Conservancy are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
RECITALS
WHEREAS, the City and the Conservancy jointly appreciate the value added by public
trails to the community's health, property and high quality of life; and
WHEREAS, the City and the Conservancy desire to encourage the use of the City's
public trails; and
WHEREAS, the City and the Conservancy agree that a"public trail," for purposes of this
Agreement, is any natural or improved path to which the City holds title, either in fee simple or
as an easement, that is appropriate for recreational use by pedestrians, bicyclists and/or
equestrians; and
WHEREAS, the City wishes to have the City's public trails designated, maintained and
promoted but currently lacks sufficient resources to effectively do the same; and
WHEREAS, the Conservancy is a qualifying 501(c)(3) tax-exempt organization in the
State of California, and is an acknowledged land trust; and
WHEREAS, the Conservancy represents that it has the willingness, financial means and
the expertise to designate, maintain and promote the City's public trails;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and the Redlands Conservancy agree as follow:
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AGREEMENT
Section 1. Cit, atg_ ions. The City shall:
A. Authorize the Conservancy to name, post signage on, arrange continual
maintenance of, and promote by way of electronic and printed materials, the
City's public trails;
B. Direct its Quality of Life Director to review and approve printed materials and
electronic media submitted by the Conservancy for the City's public trail;
C. Review and approve the design of proposed identification and way-finding
signage in public trails that is proposed or submitted by the Conservancy, subject
to the following conditions:
(1) Sponsors names, such as family or financial sponsors, shall not be
displayed on identification or way-finding signage.
(2) Signage is limited to trailhead and trail way-finding sips.
(3) The colors of trail way-finding signs shall be natural,muted earth tones.
(4) Anti-graffiti film shall be utilized to facilitate the maintenance and clean-
up of graffiti on all signage.
(5) Use of the Conservancy's moniker shall be limited to trailhead signs only.
Trailhead signage(one per trail) shall contain the words: "City of
Redlands and Redlands Conservancy project" at the top, the trail number
and then a direction arrow with the mileage.
D. Confirm the public ownership of trails identified for signage and maintenance
prior to any signage or maintenance work being performed by the Conservancy,
and inform the Conservancy of any subsequent change in the legal ownership of
any of the public trails.
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Section 2. Conservancy Obligations. The Conservancy shall:
A. Design, subject to the City's approval in conformance with the conditions of
Section I.C. above, pay for, install, maintain and replace as necessary appropriate
identification and way-finding signage for the City's public trails.
B. Maintain the City's designated public trails in such a manner as to be safe and
attractive for use by pedestrians, bicyclists and equestrians, in accordance with
California Civil Code Section $46.
C. Promote the use of the City's public trails by way of electronic and printed media,
subject to City's Quality of Life Director's prior approval as to design and
content.
D. Receive no remuneration from the City for performing its obligations under this
Agreement.
E. Perform maintenance work on the City's public trails, with such work limited to
the use of hand tools. The Conservancy shall not provide any maintenance that
requires the use of heavy equipment or chainsaws.
F. Keep the entire length of trails clear of weeds, brush and trash, with maintenance
reviews conducted no less than once monthly, and maintenance activities
conducted as needed.
G. Clean,repair and replace signs as they become damaged, defaced or removed, no
less than once, monthly.
H. Hold Harmless and indemnify the City and private property owners on which the
City's public trail easements may be located for any damage to, or loss of, private
property, or for injury to or death of any Conservancy volunteer which may occur
as a result of the maintenance activities on the trails conducted pursuant to this
Agreement,
1. Require the Conservancy's volunteers to execute a liability release in a form
provided by the City.
J. Conservancy shall secure and maintain in force throughout the term of this
Agreement comprehensive general liability insurance, with carriers acceptable to
City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars($2,000,000)aggregate for public liability,property damage
and personal injury. City shall be named as an additional insured and the insurance
policy shall include a provision prohibiting its modification or cancellation except
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upon thirty(30) days prior written notice to City. Such insurance shall be primary
and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance and endorsements shall be delivered to City prior to the
Conservancy's commencement of any of its maintenance obligations under this
Agreement.
K. Conservancy shall secure and maintain business auto liability coverage, with
minimum limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for bodily injury liability and property damage liability. Such coverage
shall include hired and non-owned vehicles,and employee non-ownership vehicles.
The City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting its modification or cancellation except upon thirty
(30)days prior written notice to the City. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by the City. Certificates
of insurance and endorsements shall be delivered to City prior to commencement of
the Conservancy's commencement of any of its maintenance obligations under this
Agreement.
L. Report to the City's Quality of Life Department any damage to any public trail or
surrounding area that may affect the safety of the trail, and coordinate with the
City's Quality of Life Department to establish a repair schedule for damaged
trails. The Conservancy shall perform inspections, within twenty-four(24)hours,
of any trail subjected to a wildland fire or significant weather event(such as heavy
precipitation or high winds) to identify safety and maintenance hazards.
M. Establish and carry out a phased approach to implementation of the trails
maintenance project as follows:
(1) By March 31, 2008, the Conservancy shall sign and create a brochure for
the trails commonly known as the Oakmont and Oakridge Trails,Teddy's
Trail, and the Caroline Park Trail.
(2) By October 31, 2008, the Conservancy shall sign and create a brochure for
the trails commonly known as the Garden/Mariposa Trail, San Timoteo
Creek Trail, and the Bluffs Trails.
(3) By December 31, 2008, the Conservancy shall sign and create a brochure
for the trails commonly known as the Gold Hill Trail/Panorama Point, the
East Valley Corridor Multi-Purpose Trail, the Orange Blossom Rail Trail
Segments, the Sylvan Park;Zanja Trail, and the Terrace No. 3 --Gold Hill
Trail.
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Section 3. General Considerations.
A. Notices. All notices shall be given in writing by personal delivery or by United States
mail. Notices sent by mail should be addressed as follows:
Ci Conservancy
City of Redlands The Redlands Conservancy
Attention: Quality of Life Director Attention: Executive Director
P.O. Box 3005 P. O. Box 855
Redlands, CA 92373 Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by,giving notice pursuant to this section.
B. This Agreement may be terminated by either Party by providing thirty(30) days'
prior written notice to the other Party.
C. Entire Agreement/Amendment. This Agreement represents the entire agreement
and understanding between the Parties as to the matters contained herein, and any prior
negotiations or verbal agreements relating to such matters are superseded by this Agreement.
Any amendment to this Agreement shall be in writing, and signed by the City and the
Conservancy.
D. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
E. Attorneys' Fees. In the event any action is commenced to enforce or interpret any
of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs
and other relief,be entitled to the recovery of its reasonable attorneys' fees, including,fees for the
use of inhouse counsel by a Party.
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IN WITNESS WHEREOF,duly authorized representatives of the City and the Conservancy
have signed in confirmation of this Agreement.
CITY OF REDLANDS
7
By:
n Harrison, Mayor
Attest:
/Z.
City)clerk
THE REDLANDS CONSERVANCY
By: L)
Name, Title: C-L44,-?A
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recommended by the Traffic and Parking Commission: create a white painted
passenger loading zone along the Fern Avenue frontage of Cope Middle School;
remove white painted curb loading zone from Pennsylvania Avenue frontage of
Lugonia Elementary School; create three 2-hour time limit parking zones along
the Pennsylvania Avenue frontage of Lugonia Elementary School. Motion
seconded by Councilmei-nber Gallagher and carried unanimously.
Ordinance No. 2679 - Property Maintenance - Ordinance No. 2679, an
ordinance of the City of Redlands adding Chapter 8.08 to the Redlands
Municipal Code relating to property maintenance and deleting Chapters 8.16,
8.28 and 8.32 relating to hospitals, public eating places and slaughtering of
animals, respectively, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Proclamation - Waiver of Fees - Rcla for Life - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved the issuance of a proclamation declaring the City of
Redlands a Relay for Life Conununity and supporting the 9th Annual Redlands
Relay for Life event to be held on April 12-13, 2008, at the Redlands East
Valley High School. On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously authorized a waiver
of$1,100.00 in fees to the American Cancer Society for the two-day use of the
City's Showmobile providing that certain other requirements noted in the rental
contract are met for towing, set-up, deposit, insurance coverage and rental
period.
Agreement - Redlands Conservancy - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved an agreement with the Redlands Conservancy for
the maintenance of public trails and authorized the Mayor to execute, and
the City Clerk to attest to, the document on behalf of the City.
Ordinance No. 2696 - Wildland-Urban Interface Code - Ordinance No. 2696, an
ordinance of the City of Redlands adding Chapter 15.30 to the Redlands
Municipal Cade by adopting and amending the 2006 Edition of the international
Wildland-Urban Interface Code, was unanimously adopted on motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher.
Agreement - Workers' Compensation Program - Responding to Councilmember
Bean's questions, Human Resources Director Scott-Leistra explained she will be
going out for proposals for plan administration for our Workers' Compensation
program but during the interim, recommended approving an agreement with
Dynamic Claims Services, Inc. Councilinlember Bean moved to approve an
agreement for professional services for plan administration for the Workers'
Compensation Program with Dynamic Claims Services, Inc. and authorized the
March 18,2008
Page 5
40mO8 Approved:
AGREEMENT
Redlands Conservancy
Maintenance of public trails