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County of San Bernardino Regional Parks Department-2006-24 COUNTY'OF SAN BERNARDINO- �; PUBLIC AND SUPPORT REGIONAL PARKS DEPARTMENT �c�:+7ra, SERVICES GROUP UN BUMPDINO 777 East Rialto Avenue - San Bernardino,'CA 92415-0763, ; , THOMAS A. POTTER (909) 38-PARKS � Fax '(909) 387-2052 Director October 19, 2006 PK0015 I City of Grand Terrace 22795 Barton Road. Grand Terrace, CA 92313 Attention: Tracey Martinez, Deputy City Clerk Re: City, of Grand Terrace Playground Equipment — Contract #07CITYOF GTGRANT Dear Ms. Martinez: Attached for ,your file is. an original, fully executed: contract for the.,.-above referenced project between the-County and the City of Grand Terrace. This contract was approved and signed by Tom-Potter, Director, Regional, Parks, ,on,October l 8, 2006. J Should ,you have any-questions or need clarification, please contact me at (909) 387-2267. Sincerely, Michele Haney, Staff Analyst I Regional Parks Division Attachments cc: Steve Berry, Assistant"City.Manager , - MARK H.UFFER- County Administrative officer Board of Supervisors NORMAN A.KANOLD BILL POSTMUS...:............. First'District DENNIS HANSBERGER ......... Third District Assistant County Administrator PAUL BIANE .•.•. ••''''... Second GoN District ....GARY.0 Fifth District. ''..' Fourth District Public and Support Services Croup i 2UOo OCT —3 Apt 9:151 September 28, 2006 CALIFORNIA County of San Bernardino Department of Regional Parks 22795 Barton Road 777 E. Rialto Avenue Grand Terrace San Bernardino, CA 92415-0763 California 92313 Attention: Michele Haney Civic Center (909)430-2212 - Dear Ms. Haney: Fax(909)783-7629 The City Council at their Meeting of September 14,2006 approved the agreement between the City of Grand Terrace and-the County-of San Bernardino Department of Regional Parks in the amount of$50,000.00 to go toward the purchase of ADA compliant playground equipment for Pico and TJ Austin Park. City Clerk's Department Enclosed please find two originals of the agreement between;the City of Grand Terrace and the County of San Bernardino. Please sign the agreements and return one copy-to our office at your earliest convenience. If you have any questions or need assistance,please don't hesitate to contact me at 909 430-2212. Sincerely, I Tracey Martinez Deputy City Clerk Enclosures i cc: Steve Berry,Assistant City Manager 1 I I T R I FOR'COUNTY USE ONLY New Vendor Code Dept. Contract Number OOUN/Y BEpgyti,,,owa`.;. Change CITYOFG135 SC CCP A 07CITYOFGTGRANT El Cancel County Department Dept. Orgn. Contractor's License No. Regional Parks CCP ADM County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Michele Haney (909)387-2267 $50,000.00 F A S Contract Type 171 Revenue Encumbered M Unencumbered Other: STANDARD CONTRACT 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 GRC/PROJ/JOB No Amount AAA CCP ADM 200 2400 01 PKQ015 $50,000.00 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Project Name Estimated Payment Total by Fiscal Year PRIORITY POLICY NEEDS FY Amount I/D FY Amount I/D CITY OF GRAND TERRACE 2007 50,000 PLAYGROUND EQUIPMENT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name STEVE BERRY,ASST CITY MANAGER CITY OF GRAND TERRACE hereinafter called CITY Address 22795 BARTON ROAD GRAND TERRACE,CA 92313 Telephone Federal ID No.or Social Security No. (909) - 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.) THIS AGREEMENT is entered into on the 14th day of September , 2006 in the State of California by and between the County of San Bernardino, Regional Parks Department, a political subdivision of the State of California, hereinafter called "COUNTY," and the City of Grand Terrace, hereinafter called "CITY." WITNESSETH WHEREAS, COUNTY recognizes that civic pride and community stability are enhanced by the ability of residents access to recreation facilities; and Auditor/Controller-Recorder Use Onl tO contract oatab"ase,. ❑FAS: `4% „InputDate"'` 'Keyed ay : .-� Page of WHEREAS CITY is a public entity, with an interest in and ability to procure and install playground P Y� Y P P Yg equipment at Pico Park and TJ Austin Park, hereinafter called the;"Pico Park and TJ AustinlPark— Playground Equipment Replacement" or"Project" in the area of Grand'Terrace for the use of its residents and residents of neighboring area, which shall provide residents with an excellent opportunity to enjoy the outdoors; and WHEREAS, the purchase and installation of playground equipment at Pico Park and TJ Austin Park serves a County purpose by helping to meet the social and recreational needs of the County's residents in the Grand Terrace area; and WHEREAS, by action taken June 27, 2006 , the COUNTY Board of Supervisors did;authorize Thomas Potter, Director of Regional Parks, to execute this agreement on behalf of the COUNTY. NOW, THEREFORE, for the mutual consideration hereafter set forth, the parties hereto agree as follows: 1. AGREEMENT DURATION: This Agreement shall be in effect from August 15, 2006 through August 15, 2007, except for provisions which, by their terms remain in effect. 2. PURPOSE: This Agreement is entered into to provide up to $50,000 for the purchase and installation of replacement playground equipment at Pico Park and TJ Austin Park. 3. CITY DUTIES: CITY shall complete the procurement and installation of the playground equipment by August 15, 2007. The CITY agrees that the COUNTY shall nave no obligation nor liability to obtain, install or maintain any part of the playground equipment. CITY shall comply with all other terms of this Agreement. 4. COMPENSATION: In exchange for the covenants contained in this Agreement, and upon execution by both parties, the COUNTY will pay up to $50,000 to CITY upon proof of completion of the Pico Park and TJ Austin Park— Playground Equipment Replacement project. 5. RECORDS AND REPORTS: CITY agrees to provide proof of progress or completion of agreed upon activities upon demand at any time to a COUNTY representative designated to monitor CITY's performance. CITY must provide a full accounting of all funds received, whether expended or encumbered, in writing to COUNTY, signed by CITY's designated representative, no later than September 1, 2007. Such proof shall be in the form of a written narrative with attached copies of acceptable documents. 6. COUNTY REPRESENTATIVE: COUNTY's Director of Regional Parks or his designated representative (to be designated in writing), is the representative of COUNTY for all matters relating to this Agreement. 7. CITY'S AUTHORITY: CITY warrants that it possesses legal authority to accept the compensation described herein and to carry out the terms and conditions of this Agreement. CITY further warrants that a resolution, motion, or similar action has been duly adopted or passed as an official act of CITY's governing body, authorizing the performance of this Agreement and directing and authorizing the person'identified as the official representative of CITY to act in connection with this Agreement and to provide such additional information as may be required. 8. CITY covenants that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and with Title VI of that Act, providing, in part, that no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to Auditor/Controller-Recorder Use Onl j ❑`Contract Database% 'El FAS :C-- In"put.Date: '-Myed'BY ,: Y of Page 2 I e � i discrimination under any program or activity for which the CITY receives funding herein.{ CITY will immediately take any measures necessary to effectuate this covenant. 9. CONTRACT COMPLIANCE: CITY shall provide equal employment and career advancement opportunities for minorities and women. In addition, CITY shall make every effort to employ residents'of the area and shall keep a record of the positions that have been created directly as a result of this program. CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01 and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 10. INSURANCE AND INDEMNIFICATION CLAUSE: A. Indemnification— In addition to the complying with the insurance provisions herein, the CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The CITY'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 insured 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 Rights-The CITY 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 CITY and CITY's employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY 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 CITY 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 theCITY and the County or between the County;and any other insured or additional insured under the policy. F. Proof of Coverage - CITY shall immediately furnish the, above-required certificates of insurance to the Regional Parks Department, no later than 3:00 p.m.' August 21, 2006, evidencing the insurance coverage, including endorsements. Auditor/Controller-Recorder Use Onl •0 Contract Database ,.D.FAS "< " Input Date: , ; :Keyeii�,'P Page of r i , i I G. Acceptability of Insurance Carrier — Unlessl 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 the CITY or COUNTY payments to the CITY 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, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, 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. CITY agrees to execute any such amendment within thirty (30) days of receipt. I 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. 11. Insurance Specifications — The CITY agrees to provide insurance set forth in accordance with the requirements herein. If the CITY uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CITY 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. i Without in anyway affecting the indemnity herein provided and in addition thereto, the CITY shall secure and maintain throughout the contract term the following types of insurance with limits as shown: A. Workers' Compensation/EmPlovers 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 and all risks to suchi persons under this contract. I ' Auditor/Controller-Recorder Use Onl E C6htradt:Databas,e. ,-.•1 FAS' ,hput,D,ate' Keyed�By of Page i If CITY has no employees, it may certify or warrant to the County that is does not currently have any employees or individuals who are defined as "employees" 'under the Labor Code and the requirement for Workers' Compensation coverage will be waived by!the County's Risk Manager. I With respect to permittees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. B. Commercial/General Liability Insurance —The CITY shall carry General Liability Insurance covering all operations performed by or on behalf of the CITY 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: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury (f) Contractual liability. (g) $2,000,000 general aggregate limit. 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 CITY 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 CITY owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. 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 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. Th'e coverage shall also apply to automobile liability. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt. - Self-Insurance: In lieu of the forgoing, the CITY can provide evidence of self-insurance for the amount set forth in this agreement. 13. INDEPENDENT CONTRACTOR: This Agreement is by and between COUNTY and CITY and is not intended, and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture, or association between COUNTY and CITY. The employees-or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Auditor/Controller-Recorder Use Onl Q"Contract Database : __ 0 FAS Keyed"By Page of i I I I CITY is and shall be deemed to be at all times an independent contractor. COUNTY shall not be liable for any acts of CITY and nothing herein contained shall b i construed as creating the relationship of employer and employee between the parties. I A. CITY agrees to be solely responsible for all matters relating to its employees and contractors, including payment, compliance with Social Security, withholding, and payment of any and all federal, State and local and personal income taxes, disability insurance, unemployment, and other taxes for such persons, including any related assessments or contributions required by law, and all other regulations governing such matters. B. CITY shall not be reimbursed for any travel time conducted pursuant to this Agreement. C. CITY shall not be reimbursed for any vacation, sick leave, or overtime from COUNTY pursuant to this Agreement. D. The employees and agents of each party, and those of their respective customers, shall, while on the premises of the other, comply with all rules and regulations of the premises, including security requirements. E. CITY shall contract for all necessary services to complete authorized Project, and agrees to comply with all applicable local, County, State and federal regulations and statutes. 14. PROHIBITED ACTIVITIES: CITY further covenants that it will comply with the requirement that no program under this Contract shall involve political activities. No funds shall be used for lobbying activities. ; 15. RIGHT TO MONITOR: COUNTY shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of CITY in the delivery of services provided under this Agreement. Full cooperation shall be given by CITY in any auditing or monitoring conducted. 16. ENTIRE CONTRACT: This Agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings. This Agreement may be changed or modified only upon the written consent of the parties hereto. 17. AMENDMENTS: Except as herein provided, changes in the terms of this Agreement shall not be valid unless made in the form of written amendment to this contract executed by the parties and approved by the Director of Regional Parks. 18. SEVERABILITY OF PROVISIONS:-If any provision of this Agreement is held to be invalid by the final decision of a court of competent jurisdiction, the remainder of this Agreement shall not be affected. , 19. TERMINATION FOR CONVENIENCE: COUNTY may,terminate the Agreement in the whole or in part when such action is deemed by COUNTY to be in its best interest. Termination of work hereunder shall be affected by delivery to CITY of a Notice of Termination specifying the extent to which performance of work under this Agreement is terminated, and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be at least thirty (30) days after notice is sent. Auditor/Controller-Recorder Use Onl - input Date<�=�,, .Kgyed By: Page 1Qof � 1 i CITY is entitled to payment for invoices approved by COUNTY for payment up to the date specified in the Notice of Termination. 20. ASSIGNMENT: CITY shall not assign this Agreement or any monies due or to becomeldue hereunder except as specified in the terms of this Agreement, without having first obtained the written consent of COUNTY. Any unexpected funds remaining upon completion of the term of the contract shall be returned to the COUNTY. 21. DISCLOSURE OF INFORMATION: All information received by the COUNTY from any source concerning this Agreement, including the Agreement itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Record Act, Government Code Section 6250 et seq. (the "Public Records Act"). CITY understands that although all materials received by the COUNTY in connection with this Agreement 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 of all of any information which a CITY has requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify the CITY of the request and shall thereafter disclose the requested information unless the CITY, 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, and hold the COUNTY harmless in any/all actions brought to require disclosure. CITY waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify IEEP of any such disclosure request and/or releases any information received concerning the Agreement received from the CITY. 22. FORMER COUNTY OFFICIALS: CITY agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below)who are employed by or represent CITY. The information provided includes a list of former county administrative officials who terminated county employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of CITY,. For purposes of this provision, "county administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, county department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK AuditorlController-Recorder Use Only ❑Contract Database -13TAS tnp4Date x, Keyed By- ;+ Page of CJ 23. INACCURACIES OR MISREPRESENTATIONS: If during the course of the administration of this agreement, the COUNTY determines that the CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this contract may be immediately terminated. If this contract is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE By THOMAS PbTTER, Director, Regional Parks Department (Ruth fzed signature-sign in blue ink) Dated: ' � ©11� Name Maryetta Ferre (Print or type name of person signing contract) Title Mayor (Print or Type) Dated: September 14, 2006 APPROVED AS TO LEGAL FORM DENNIS E.WAGNER, Interim County Counsel San Bernardino County By: FIONA LUKE, Deputy County Counsel Dated: coo Auditor/Controller-Recorder Use Onl ❑Goritract'Database ❑°FAS Input Date Keyed By' (c� Page of U