HomeMy WebLinkAboutContracts & Agreements_60-2016 ATTACHMENT "A"
San Bernardino County FAS Standard Contract
FOR COUNTY USE ONLY
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SAN BMW ItDINO 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
PAS Maureen A.Snelgrove, Interim Director (909)387-2340
STANDARD CONTRACT Contract Type
IlFlevenue 171 Encumbereda umbered El Other:
If not encumbered or revenue contract type,pIrovlde reason:.
Commodity Code Contract Start Crate Contract End Data Original Amount Amendment Amount
Fund Dept. Organization Appr. ObjlRev Source GRCIPROJIJOB No Amount
AAA CCP YUC 9970 $
Fund Dept. Organization Appr. Obilfiev Source GRCIPRONJOB No. Amount
Fund Dept. Organization App,. ObjlRev Source GRCIPROJIJOS No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY Amount ltD 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 Scutal Security No.
(909)797-7553
IT IS HEREBY AGREED AS FOLLOWS:
SAN BERNARDINO COUNTY
REGIONAL PARKS DEPARTMENT
YUCAIPA REGIONAL. PARK
INTERIM USE PERMIT
Audhar-Carrrrolderlrressurer Tax Collector Use On
O Contract Database C]FAS
Input Date Keyed By
Pagel of 10
1. PARTIES
The COUNTY, as permitter hereby permits PERMITTEE, to utilize Yucaipa Regional Park ("Park"),
Yucaipa, California for the Inland Solar Challenge ("Event") and related activities
II. USE AREA
The 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.
Ill. TERM
The term of this permit shall be for the following, Friday, April 22, 2016 through Sunday, April 24, 2016.
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 per day of event including setup and tear down days as follows:
1. Use Fee of Six Hundred Dollars ($6130) for the use of the Park as designated on Exhibit "A" to
be paid by 3:00pm Friday, April 8,2016.
2. One Hundred Dollars($100)for use of the stage on April 23, 2016.
3. Vendor Fees: (if applicable)
a. Fifty dollars ($50) per food vendor. All Food Vendors must have all necessary Public Health
Department permits. A list of food vendors and their permits must be delivered to Park
Superintendent or his representative by 3:00pm Friday, April 8,2016 prior to the Event date.
b. Twenty-five dollars ($25.00) per non-food vendor. A list of vendors must be delivered to Park
Superintendent or his representative by 3:00pm Friday, April 8,2016 prior to the Event date.
4. Entrance Fee:
Four Dollars ($4) per vehicle for weekday entry and Five Dollars ($5) per vehicle for weekend
entry. PERMITTEE will inform all that cash is required for payment of entrance fee. PERMITTEE
shall provide a means of identifying the participants to the Park Staff to facilitate discounting their
entry. Participants are described as those people associated with the Event (actively or passively)
not just people that come into watch the Event for the day.
5. Camping Fee:
Camping fee of Five Dollars ($5) per person per night. PERMITTEE will work with Park personnel
to obtain a count of campers each day.
PERMITTEE will be billed for vehicle entry, use of Park staff and camping fees as well as any other
unpaid cost associated with the Event following the Event walk through as specified in
subparagraph 0. Damage Deposit
Revised 05/04/2015 Page 2 of 10
C. Fee Adjustments:
All County tees shall be adjusted without individual notice to PERMITTEE by enactment of revisions to
the Regional Parks' Fee Schedule.
D. Damage/Cleanup Deposit:
PERMITTEE shall pay Two Hundred Fifty Dollars ($250) to guarantee a damage/clean up deposit to
be paid by April 8, 2016. The 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 and
Park 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 or certified cashier's check payable to San Bernardino
County Regional Parks and delivered to Regional Parks Administrative Offices
V. PERMITTEE RESPONSIBLITIES
A. PERMITTEE is responsible for providing certified lifeguards and safety personnel.
B. PERMITTEE is responsible for obtaining required firewood.
C. PERMITTEE shall provide a means of identifying required firewood.
VI. REGIONAL PARKS BOOTH
The PERMITTEE allows Regional Parks to operate, at no charge, an information/public relation's 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 the
PERMITTEE and Park Superintendent.
VII. EVENT PLAN
PERMITTEE shall submit its Event Plan ("Plan") to the Park Superintendent by April 8, 2016, 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.
Revised 05/04/2015 Page 3 of 10
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
Sheriff's 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., April 8, 2016.
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
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 - The 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 PERMITEE or any of PERMITEE'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. This indemnification provision shall apply regardless of the
existence or degree of fault of indemnities. The PERMITTEE's indemnification obligation applies to the
COUNTY's "active" as well as "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
Revised 05/04/2015 Page 4 of 10
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 Rights - The 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 the PERMITTEE and PERMITTEE's employees or agents from waiving the right of subrogation
prior to a loss or claim. The 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. Severability of Interests — The 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 the PERMITTEE and the County or between the County and any
other insured or additional insured under the policy.
F. Proof of Coverage- 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.
G. Acceptability 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.
1. 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 the PERMITTEE or
COUNTY payments to the 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 (33)
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
Revised 05104P2015 Page 5 of 10
XIV. INSURANCE SPECIFICATIONS
The PERMITTEE agrees to provide insurance set forth in accordance with the requirements herein. If the
PERMITTEE uses existing coverage to comply with these requirements and that coverage does not meet
the specified requirements, the 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, the PERMITTEE shall
secure and maintain throughout the contract term the following types of insurance with limits as show:
A. Workers' Compensation/Employers Liability — 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 the PERMITTEE and all risks to such
persons under this contract.
B. Commercial/General Liability Insurance — The PERMITTEE shall carry General Liability Insurance
covering all operations performed by or on behalf of the 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.
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 Liability 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 the 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 the PERMITTEE owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable.
D. Special Event Liability 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 Liability 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
injurylproperty damage, personal injury/advertising injury and shall include a "dropdown" provision
Revised 05/04/2015 Page 6 of 10
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 subpermit 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 East Rialto Avenue
San Bernardino, CA 92415-0763
B. If to PERMITTEE: City of Redlands
35 Cajon Street, Suite 15A
Redlands, CA 92373
Attn: Cecilia Griego
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 casts and attorneys' lees directly arising from any third party legal action against a
party hereto and payable under Paragraph 13, INSURANCE AND INDEMNIFICATION 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.
Revised 05/04/2015 Page 7 of 10
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 sect. (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 the PERMITTEE of the request and shall thereafter disclose the requested
information unless the 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 falls to notify PERMITTEE of any such disclosure
request and/or releases any information received concerning the Permit received from the PERMITTEE.
XXII. TAXES
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 the 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
00/100 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.
XXly. NO ESTATE
PERMITTEE agrees that it sloes 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.
Revised 05104/2015 Page 8 of 10
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 (t) 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.
"Vill. 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.
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Revised 05/04/2015 Page 9 of 10
IN WITNESS WEREOF, the parties hereto have caused their respective names to be subscribed by their
respective proper officers hereto duly authorized,,
COUNTY OF SAN BERNARDINO City of Redlands
—jP-6nt or type name of corporalr0n,corn jy,contractor,etc.)
Maureen A. Sneigrove, Interim Director, Regional Parks (Authorizadsigna tore-sigo in blue ink)
Dated: Name pn"I
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person sagning contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Laura H.Welch (Prif It or Type)
Clark of the Board of Supervisors
of the County of San Bernardino Dale&—A ril 5, 2016
By Deputy Address
Ca�r�street
Redlands, CA 92373
ATTEST: Sam Irwin, City Clerk
Approved as to Legal Forrn Reviewed by Contract CompllancW—
lll� 110-
Dawn Mee set,Deputy County CDunsel Michael—Delgado,Administrafive supervisor
Date Date
Revised 05/0412015 Page 10 of 10
SAN BERNARDINO COUN7Y
YuCAIPA REGIONAL PARK
33900 OAK GLEN ROAD-YUCAIPA, CA 9 -(909)790-3127
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